HomeMy WebLinkAboutOrdinance 4398 ORDINANCE NO, 4398
AN ORDINANCE CALLING A SPECIAL ELECTION IN
THE CITY OF FAYETTEVILLE, ARKANSAS ON THE
QUESTION OF LEVYING A ONE PERCENT SALES
AND USE TAX WITHIN THE CITY OF FAYETTEVILLE,
ARKANSAS TO REPLACE THE ONE PERCENT SALES
AND USE TAX EXPIRING ON JUNE 30, 2003 ; PROVIDING
FOR AN EXPIRATION DATE FOR SUCH SALES AND
USE TAX OF JUNE 3Q 2013
WHEREAS, the City Council of the City of Fayetteville, Arkansas (the "City")
has passed on the 4`h day of June, 2002, Ordinance No. 4397 providing for the levy of a
one percent ( 1 %) Sales and Use Tax within the City (the "Sales and Use Tax") to replace
the one percent ( 1 %) Sales and Use Tax which expires on June 30, 2003 ; and
WHEREAS, the purpose of this Ordinance is to call a special election on the
question of the levy of this Sales and Use Tax.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That there be, and there is hereby called, a special election to be
held on the 23`d day of July, 2002, at which election there shall be submitted to the
electors of the City the question of the levy of the Sales and Use Tax.
Section 2. That the question of levying the Sales and Use tax shall be placed
on the ballot for the election in substantially the following form:
Vote on measure by placing an "X" in the square opposite the
measure either for or against.
FOR adoption of a 1 % local sales and use tax within the City of
Fayetteville to begin July 1 , 2003 to replace the current I % local
sales and use tax. This replacement tax shall expire on June 30,
2013. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [
AGAINST adoption of a 1 % sales and use tax within the City of
Fayetteville to begin on July 1 , 2003, to replace the current 1 % local
sales and use tax. This replacement tax shall expire on June 30,
2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0
Ord . 4398
Section 3 . That the election shall be held and conducted and the vote
canvassed and the results declared under the law and in the manner now provided for
municipal elections unless otherwise provided in Title 26, Chapter 75 , Subchapter 2 of
the Arkansas Code of 1987 Annotated (the "Authorizing Legislation") and only qualified
voters of the City shall have the right to vote at the election.
Section 4. That the results of the election shall be proclaimed by the Mayor,
and his proclamation shall be published one time in a newspaper published in the City
and having a general circulation therein, which Proclamation shall advise that the results
as proclaimed shall be conclusive unless attacked in the courts within thirty days after the
date of publication.
Section 5 . That a copy of this Ordinance shall be given to the Washington
County Board of Election Commissioners so that the necessary election officials and
supplies may be provided. A certified copy of this Ordinance shall also be provided to
the Commissioner of Revenues of the State of Arkansas as soon as practical.
Section 6. That the Mayor and City Clerk, for and on behalf of the City, be,
and they are hereby, authorized and directed to do any and all things necessary to call and
hold the special election as herein provided and, if the levy of the Sales and Use tax is
approved by the electors, to cause the Sales and Use Tax to be collected in accordance
with the Authorizing Legislation, and to perform all acts of whatever nature necessary to
carry out the authority conferred by this Ordinance.
Section 7. That all ordinances and parts thereof in conflict herewith are
hereby repealed to the extent of such conflict.
t Q SED and APPROVED this the 4e day of June, 2002.
APPROVED :
By.
r !
DAN COODY, Mayor
FEST•
By: v
H ather Woodruff, City Cle c
0 •
NAME OF FILE: Ordinance No. 4398
CROSS REFERENCE:
06/04/02 Ordinance No. 4398
04/09/02 Administrative Services Department Correspondence to Mayor Coody
and the City Council from Ted H. Webber, Director of Administrative
Services, regarding Special Election for a 1 cent Sales and Use Tax
05/07/02 Staff Review Form
06/05/02 Memo to Ted Webber, Administrative Services, from Heather Woodruff,
City Clerk
06/13/02 Proof of Publication from the Northwest Arkansas Edition Arkansas
Democrat Gazette
NOTES:
PUBLIC NOTICE A4ICROFILMED
CITY OF FAYETTEVILLE, ARKANSAS
PROCLAMATION
OFFICE OF THE MAYOR OF THE CITY OF FAYETTEVILLE,
ARKANSAS.
TO THE PEOPLE OF THE CITY OF FAYETTEVILLE,
ARKANSAS, GREETINGS:
WHEREAS, a special election was held on July 23, 2002, which
submitted the levying of a one percent (1 % ) local sales and use tax to the
qualified voters of the City of Fayetteville, and;
WHEREAS, the laws of the State of Arkansas require the Mayor of
the City of Fayetteville to issue a proclamation of the results of such special
election with reference to the local sales and use tax, such proclamation to
be published one (1) time in a newspaper having general circulation in the
city .
NOW, THEREFORE, I, Dan Coody, Mayor of the City of
Fayetteville, by virtue of the authority vested in me by law, do hereby
proclaim the following to be the results of the July 23, 2002 special election
as to the levying of a one percent (1 % ) local sales and use tax within the
City of Fayetteville.
For adoption of a one percent (1 % ) local sales and use tax within the
city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,531
Against adoption of a one percent (1 % ) local sales and use tax
within the city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 789
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the seal of my office to be affixed this July 26, 2002.
M
DAN COODY,
FROM WHO CLERK ( FRI ) JUL 26 2002 14 : 44 /ST . 14 : 44 /N0. 63 14 274255 P 2
FILED
CERTIFICATE, OF WASHINGTON tb#KTa'S dW" O1•0
ELECTION COMMISSIONERS ASCERT N
1, I f
AND DECI ,ARING RF.SUI,TS OF SPFCIAL SAIl�SrTIAv j HELD IN
THF.. CITY OF FAYFT'"I'IsV1LLE, WASIl7>$�1F(hR � R.
JULY 23, 2002 VIASWNG10N CO . ( •
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
We, die undersigned members of the Board of Election Commissioners of Washington Count.••
Arkansas, do herebc cenifi. that:
Rctums of the votes of the special sales ax election on July 23. 2002 in the City of Fayetteville.
Washington County, Arkansas lave been dchvcrcd to us b) the County Clerk
We ascertain and declare the results of the election to be:
On the question of the adoption of the 1% sales tax to replace the current I % sales tax:
FOR 2531
AGAINST 789
We further certify that the polls were open from 7:30 A. M. until 7;30 P.M.. that only the duly appointed
Election officials made duc returns of the votes cast, and that we have canvassed die votes as requimd by
law.
IN TESTIMONY WHEREOF, me have hereinto set our hands this 26 th day of Juh 2002.
BOARD OFY.LECTION COMMISSIONERS
A COUNTY. ARKANSAS
luh Logan Burow, h:i an
Tont Lundstnan. Member
f
Peter Loris. Member 67
FROM WACO CLERK ( FRI ) JUL 26 2002 14 : 44 /ST . 14 : 44 /NO. 6314274255 P 1
•
WASHINGTON COUNTY
STATE OF ARKANSAS
Washington County Courthouse
280 North College Avenue, Suite 300
Fayetteville, Arkansas 72701
Telephone: (501 )444- 1711
MARILYN EDWARD$
COUNTY AND PROBATE CLERK
(/fit
/ P
DATE:
FAX #:
FROM: . 4
FAX #: 501 /444- 1894
Number of pages (including cover page) :
COMMENTS :
EAYETTEA LLE • �
THE CITY Gff FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WFDTAKER, ASST. CrrY ATTORNEY
LEGAL DEPARTMENT
DEPARTMENTAL CORRESPONDENCE
TO: Dan Coody, Mayor
Heather Woodruff, City Clerk
FROM: Kit Williams, City Attorney
DATE: July 24, 2002
RE: Sales Tax Election - Post Election Requirements
Congratulations on your successful efforts to obtain voter approval to
pass the levying of a one-cent city tax for another decade. Now that 76 % of
the citizens have reauthorized the city tax, we need to do the following
things:
1 . Issue and publish the Mayor's Proclamation of the election results.
It only needs to be published once in a local newspaper. I recommend you
wait to obtain the certified election results from the Washington County
Election Commission before publication.
2. Mail (Certified Mail with Return Receipt Requested) to the
Arkansas Revenue Division (just like the sewer sales tax election)
A. Map of City clearly showing city boundaries.
B. Certified copies of the election and tax ordinances.
C. Copy of Mayor's Proclamation of election results with Proof
of Publication of the Proclamation.
I would like to review this packet before it is sent to the revenue
Division. I have attached the Mayor's Proclamation to this memo.
NORTHVWST ARKANSAS EDITION
Arkansas Dem®mrat W Gazette
RECEIVED
JUN 14 2002
AFFI AVIT OF PUBLICATION ccrG . oEPT
//LI , do solemnly swear that I am
Legal Clerk of the Arkansas Democrat-Gazette newspaper, printed and
published in Lowell , Arkansas, and that from my own personal knowledge
and reference to the files of said publication , the advertisement of:
GNU �f43 l was inserted in the regular editions on
/ ORDINANCE NO. 4W Section 3. That me election
AN OgDINANCE CALLING A shall be held d conducted and the
SPECIAL ELECTION IN THE CITY OF vote canvassed and the results de-
FAYEfTEVILLE, ARKANSAS ON 7HE Glared der the law and in the man-
** Publication Charge : $ / 9a . �o QUESTION OF LEVYINGAONE PEA- nor now provided fa munkipaled in
9 CENT SALES AND USE TA% W011N tions unlless othe wise provided in
THE CITY OF FAYETTEVILLE, AR- TNe26, Chapter75, SI"198 tu2of
KANSAS TO REPLACE THE ONE the d (theme Code o1 Legis Anno-
PERCENT SALES AND USE TAX EX- Wted my qualified ing
Legislationty
Subscribed and swom to befor me this PIRING ON JUNE 30, 2003; PROVID. andonlyhavet the right
oteaf the Gty
ING FOR AN EXPIRATION DATE FOR shall have the right tc vote at the
SUCH SALES AND USE TAX OF election
JUNE 30,2013 Sedan h beMroclai the ed of
d8 of 2002 . WHEREAS, the City Cadncll of the election a shall be proclaimed Ey
Y the Maya, d his D� shall
the City of Fayetteville, Arkansas(the be pub' one fire in a newspaper
Gry� has passed on the 4th day of published in the City and having a
June, 2002, Ordbenci No. 4397 pro- general circulation therein, which
viding for the levy of a one percent Cclamalien shill adviie that the re-
I1%) Sales d Use Tex witty the CNy suits As proclaimed shall be concdu-
the 'Sales and Use Tax') to replace sive unless attacked In the courts
the one potent (1%) Sales and Use within thirty days after the date of
Tex which expires on June 30, 2003; pubGutiu.
Notary Pub i and Section 5. ihateupy of ihls
WHEREAS, the purpose of this Ordinance shell That
given to the
Ordinance is to call a the
of election Washington County Board of Election
on the question of the levy of this Commissioners so that the necessary
M /+ Salm d Use Tax. election officials d supplies may be
y Commission Expires: NOW, THEREFORE, BE IT OR- provided. Aunified copy ofthis OF
DAINED BY THE CITY COUNCIL OF dinance shall also be provided to the
THE CITY OF FAYETTEVILLE, AR- Commissioner of Revenues of the
KANSAS: State of Arkansas as soon u precti-
Section 1. That there be, and cal
mere 13 hereby called, a special edec- Section 6. That the Maayyaanr d
*' Please do not pay from Affidavit. tion to wh�dchnft2 tmhade sato July,I be City Clerk, for and on behall of the
submitted to the electors or me City ed end and
to do any dho-
all
An InVO1Ce WIII be Sent. the question of the levy of the Sands
d Ism Tu the necessary W call d hold the
SeWw2. Thatihequesticnof arpM�Jtheeletry of theIs rein provided Use
the Sales d Use lax shall nd
1J1fiGia1 SeBi tax isapproved by the electors, to
TAMMY ALLEN on the bakot fa me electro a cause the Sales and Use Tex to be
tiodlY the collected in accordance with the Al�
Notary ?1JbUo-Arkenses vo e u ream by an x morn ng L 'dation, end o Part=
COUNTY in the square opposite the measure all acts ofalsva oatae necessary
ehher for or against b��ry aul the authodb canlerted by
M Commission Expires 11 OS2�t 1 FG l aeop on o a l% beat sales hs omnia ce.
My and use tax wvhin the Ci y of Fay- Swbm7 That elladvtances
etteville to begin July 1, 2603 to re- dehmarl m conal hith
place the turn l% tical sales and are hereby repeated to the extent
use tax. This replacement to shell of math conflict
expo°onJae 30, 2013. PASSED and APPROVED this the
RECEIVED �
AGAINST within thefet% sates 4th day June, 20112.AP
and use tax within the City of Fay- APPROVED
etteviNe the egincurrent
nt Ju 1, 2003, to YiFST COWY �
replace the current 1 local sales A
and use tax. This replacement tax Br Heather WowruN, CNy peck
JUN 18 2002 M (} QJ shad expire an June 30.2013_ _ 7935671 N1L02
CITVCLEIiK'90FFIC_ !Cl' `�'l'"►, � Q�/"
212 NORTHEAST AVENUE as P.O. l P_� (te ZAYETTEVILLE, ARKANSAS 72702 • (501 ) 442-1700
0 0
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
ADMINISTRATIVE SERVICES DEPARTMENT CORRESPONDENCE,
To : Mayor, City Council
From : Ted H. Webber, Director of Administrative Service
Date : April 9, 2002
Subject : Special Election for a 1 cent Sales and Use Tax
Background
The City's current 1 cent Sales and Use Tax, used for both General Government and
Capital Improvements, expires on June 30 , 2003. This tax was passed by the voters
nearly a decade ago and the City depends heavily on revenue from this source to fund on-
going City operations. During this time, we have collected over $84,639,000 in Sales and
Use Tax Revenue.
The most recent budget preparation cycle ended with the City dipping into its reserves to
fund on-going General Fund operations for fiscal year 2002 by $ 1 ,897,349. The fiscal
demands in year 2001 also required that $2 ,372,632 in reserves be depleted to fund on-
going operations. As we look forward to preparing the City's budget for fiscal 2003, 1 see
no revenue stream to fill these gaps. Indeed , to prevent further depletion of reserves for
fiscal 2003, we may need to cut City services.
Timing
We are asking to proceed with the election for the Sales and Use Tax at this time because
the current tax expires in the middle of fiscal year 2003. In order for the City to be able to
prepare a revenue budget for the full fiscal year 2003 , we need to know what our revenue
streams will be. This election is essential to the City being able to prepare this revenue
budget for fiscal 2003. Our budget process for fiscal 2003 will be initiated during August of
this current year.
Attached is an ordinance for City Council's consideration that calls for a special election to
be held during the month of July to allow voters to approve this Sales and Use Tax.
STAFF REVIEW FORM
_X_ AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
FOR: COUNCIL MEETING OF May 7, 2002 MAYOR'S APPROVAL
FROM:
Ted Webber Administration Administrative Services Director
Name Division Department
ACTION REQUIRED: An Ordinance calling for a Special Election in the City of Fayetteville
on the question of levying a one percent Sales and Use Tax within the City of Fayetteville, to
replace the one percent Sales and Use Tax expiring on June 30, 2003 and providing for an
expiration date for such Sales and Use Tax of June 30, 2013.
COST TO CITY:
ik 12,0 Do csAr- 2S , o00
Cost of this Request Category/Project Budget Category/Project Name
to to - Irlo - V% I1 - oo 91g9 Cr u le
Account Number Funds Used to Date Program Name
I S , -)- O 1 6"O"t_
Project Number Remaining Balance Fund
BUDGET REVIEW: Budgeted Item Budget Adjustment Attached
udget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
"Inte
ccor g Mama er Date Date
5 O2
Ci ay t ADA Coordinator Date
Purchasing Officer Date
STAFF RECOMMENDATION:
CROSS REFERENCE
Division Head Date �/
New Item: 1 eS No
D rtment hector Date �7
v Previous Ordinance/Resolution No.:
Astrativ "ices ec[or D [
ayor to
FAYETTEVILE
THE CITY OF FAYETTEVIEEE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Ted Webber, Administrative Services
From: Heather Woodruff, City Clerk 77
Date: June 5 , 2002
Please find attached a copy of Ordinance No. 4398-02. The original will be microfilmed and filed
with the City Clerk.
cc: Nancy Smith, Internal Audit
Stephen Davis, Budget & Research
Marsha Farthing, Accounting
Kit Williams, City Attorney
Jun - 21 - 02 08 : 15A Washington Co _ ElQC Comm 501 444 1766 P . 02
IM-11-M01 1410 FROM Hl)• TO 5:•,IBAAO.P.N1
CITY OF FAYETTEVILLE SPECIAL ELECTION
WASIIIIWTM COUIM CM OF FAVETTEVO.LE JULY 23, 7001
"MUCTIONS TO VOTER
1.70 VOTE YOU MUST
BILACKENTHE OVAL ( m )
QOMPLETELV NEXT TO
YOUR CHOKE.
2. USE ONLY THE PENCIL
PROVIDED.
3RAMR VOTING, DEPOS•
THE BALLOT IN THE
ALLOT BOX BALLOT
S►UB IN STUB BOX.
TME OUFSTIONOF LEVYING A 011IF
Pf RCFM 91LLFA AND USE TA%
TNIN TME ' CITY OF FAYE7-
T VILLE. ARKANSAS TO REPLACE
E ONE PERCEM SALES AND
E TAX EXPIRING ON JUNE 30,
PRONTE GING FOR AN EXPOW
GFOR BUG/ SALES AND
TAX 01 JIPIi a0. 0D13.
1=0 FOR ADOPTION OF A Ix
LQCAL SALES AND USE TAX VttTMIN
THE GTY OF FAYETTEVILIE TO
JULY 1, SOW, TO REPLACE
T cUARENT 1% LOCAL SALES
I
AND USE TRI(. THIS REPLACEMENT
I TAX MWX EXPIRE ON JUMC X
2U1a.
o AGAINST ADOPTION OF A
flp LOCAL CALEB AND USE UX
WIMINTNE CITY OF fAYETTevAlE
TQ BEGIN ON JULv 1. Ruo. Tb
RSPIALE TNN CURRENT 1% LOCAL
S AND USE TAX. THIS
FLACEMEM TAX SHALL EXPIRE
JVNE 50. 101].
O
TOTAL P. A1