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HomeMy WebLinkAbout2001-03-20 - Agendas - Final FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA (revised) CITY COUNCIL MARCH 20, 2001 A meeting of the Fayetteville City Council will be held on March 20, 2001 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT 1 . APPROVAL OF THE MINUTES: Approval of the minutes of the March 6, 2001 City Council meeting. 2. LS 01 -4.00: A resolution allowing a lesser dedication of right-of-way than required by the Master Street Plan for LS 01 -4.00 submitted by David E. Lashley on behalf of Mary Pauline Reed Trust for property located at 2283 S. School. 3. CONSTRUCTION MATERIALS : A resolution awarding bids for construction materials utilized by various divisions of the City. 4. WHITE RIVER BRIDGE : A resolution approving a construction contract with J&L Construction Company in the amount of $274,873 .00 for the White River Bridge, Highway 45 E., water main relocation project; and approval of a 15% project contingency in the amount of $41 ,230. 5. WHITE RIVER BRIDGE : A resolution approving Amendment No. I to the engineering contract with McClelland Consulting Engineers, Inc. in the amount of $29,920.00 for the White River Bridge, Highway 45 E., water main relocation project; and approval of a 15% project contingency in the amount of $4,488. 6. LIBRARY: A resolution approving a contract amendment in the amount of $21 ,060.00 for architectural services for the new Fayetteville Public Library and approval of a budget adjustment funding the change orders. 7. TREE AND TRAILS TASK FORCE : A resolution creating a Tree and Trails Task Force composed of six members, all residents of Fayetteville, appointed by the City Council to two year terms as required by the Tree Settlement Agreement, Serafini, et al v. City of Fayetteville, et al. 113 WEST MOUNTAIN 72701 501521-7700 FAX 501575-8257 B. OLD BUSINESS 1 . CIVIL SERVICE: An ordinance granting authority to the Fayetteville Civil Service Commission to appoint and remove the Police and Fire Chief, and for other purposes. The ordinance was left on the second reading at the March 6, 2001 City Council meeting. 2. RZ 01 -2.00: An ordinance approving rezoning request RZ 01 -2.00 as submitted by Dave Jorgensen of Jorgensen and Associates on behalf of J.E. Lindsey Family Limited Partnership for property located south of Chamberland Square and east of Betty Jo Drive to Shiloh Drive. The property is zoned C-2, Thoroughfare Commercial and contains approximately 18 .25 acres. The request is to rezone to R-2, Medium Density Residential. The ordinance was left on the first reading at the March 6, 2001 City Council meeting. 3. SHILOH WEST APARTMENTS : An ordinance approving a waiver of Ordinance 3793 to accept land and money in lieu as park land requirement of Shiloh West Apartments Subdivision. The ordinance was left on the first reading at the March 6, 2001 City Council meeting. C. NEW BUSINESS 1 . TRAILS GRANT: A resolution authorizing the Parks and Recreation Division to apply for up to $80,000 (80/20 matching funds) in grant money for the development of a multi-use trail at Lake Fayetteville. 2, RADIO SYSTEM BID WAIVER: An ordinance waiving competitive bidding for purchase of special radio equipment from Motorola. 3. RADIO SYSTEM: A resolution awarding a contract to Motorola Inc. in the amount of $ 1 ,769,013 .54 to upgrade and enhance the 800 Mhz Radio System, construct a radio building at tower site in the amount of $48,000, project contingency of $40,000 and approval of a budget adjustment to complete Phase I., 4. VA 01-2.00: An ordinance approving vacation request VA 01 -2.00 as submitted by Al Hams of Crafton, Tull and Associates on behalf of Scurlock Industries for property located at 3725 S. McCollum. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 14.38 acres. The request is to vacate a water line easement. 5. LSD 01-1 .00: A resolution approving a waiver of right-of-way dedication for Old Gregg Avenue as requested for LSD 01 - 1 .00 submitted by Dave Jorgensen of Jorgensen and Associates on behalf of Sweetser LTD Partnership for property located between Elm and Township and west of Gregg Street. 6. DOUBLE SPRINGS ROAD: A resolution authorizing the City Attorney to seek possession of lands owned by Richard L. and June Hill, 686 N. Double Springs Road, for roadway and water line easements due to the inability of obtaining all legal signatures on the specific documents. 7. PARKS HMR TAX: An ordinance codifying Ordinance 3900 of the City of Fayetteville, Arkansas and amending said ordinance to provide penalties and enforcement, allowing examination of records and investigations, and providing for rule making power. 8. HMR TAX: An ordinance amending Section 35 .20 of the Code of Fayetteville, Transient Occupancy Tax, levy of tax to provide penalties and enforcement, allowing examination of records and investigations and providing for rule making power. 9. JUVENILE CONCERNS COMMITTEE : An ordinance amending Ordinance 3875 to change the name of the Juvenile Concerns Committee to Youth Advocacy Committee. 10. HOUSE BILLS 2343 AND 2305: A resolution opposing proposed House Bills 2343 and 2305 and notifying the Arkansas Legislature, Municipal League, and Governor' s Office of such opposition. 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APPROVAL OF THE MINUTES: Approval of the minutes of the March 6, 2001 City Council meeting. LS 01-4.00: A resolution allowing a lesser dedication of right-of-way than required by the Master Street Plan for LS 01 -4.00 submitted by David E. Lashley 1 on behalf of Mary Pauline Reed Trust for property located at 2283 S. School. 0 CONSTRUCTION MATERIALS: A resolution awarding bids for construction materials utilized by various divisions of the City. 0Vv1 WHITE RIVER BRIDGE: A resolution approving a construction contract with ( 1 J&L Construction Company in the amount of $274,873.00 for the White River `j `p'�� Bridge, Highway 45 E., water main relocation project; and approval of a 15% project contingency in the amount of $41 ,230. 55 V WHITE RIVER BRIDGE: A resolution approving Amendment No. 1 to the ; . engineering contract with McClelland Consulting Engineers, hie. in the amount of $29,920.00 for the White River Bridge, Highway 45 E., water main relocation project; and approval of a 15% project contingency in the amount of $4,488. A\ 06:\/LIBRARY: A resolution approving a contract amendment in the amount of `7 $21 ,060.00 for architectural services for the new Fayetteville Public Library and approval of a budget adjustment funding the change orders. 7 TREE AND TRAILS TASK FORCE : A resolution creating a Tree and Trails �V „! '0 \ sk Force composed of six members, all residents of Fayetteville, appointed by !� e City Council to two year terms as required by the Tree Settlement Agreement, V Serafini, et al v. City of Fayetteville, et al. X40 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501575-8257 B. OLD BUSINESS / tit V/✓ 1. " CIVIL SERVICE: An ordinance granting authority to the Fayetteville Civil Service Commission to appoint and remove the Police and Fire Chief, and for p� other purposes. The ordinance was left on the second reading at the March 6, //220001 City Council meeting. 7,,j?��b oW X/20 ,2E I*Ovd', 2. Vv ✓RZ O1-2.00: An ordinance approving rezoning request RZ O1 -2.00 as submitted by Dave Jorgensen of Jorgensen and Associates on behalf of J.E. Lindsey Family Limited Partnership for property located south of Chamberland Square and east of Betty Jo Drive to Shiloh Drive. The property is zoned C-2, Thoroughfare Commercial and contains approximately 18.25 acres. The request is to rezone to R-2, Medium Density Residential. The ordinance was left on the first reading at the March 6, 2001 City Council meeting. _ygr 3.liw�HILOH WEST APARTMENTS; An ordinance approving a waiver of rJY%L��j(1 Ordinance 3793 to accept land and money in lieu as park land requirement of Shiloh West Apartments Subdivision. The ordinance was left on the first reading at the March 6, 2001 City Council meeting. C. NEW BUSINESS 1. TRAILS GRANT: A resolution authorizing the Parks and Recreation Division to Rq5 �pX apply for up to $80,000 (80/20 matching funds) in grant money for the ����development of a multi-use trail at Lake Fayetteville. 2. ZlVikADIO SYSTEM BID WAIVER: An ordinance waiving competitive bidding for purchase of special radio equipment from Motorola. 3., / / RADIO SYSTEM: A resolution awarding a contract to Motorola Inc. in the ,D✓\ amount of $ 1 ,769,013.54 to upgrade and enhance the 800 Mhz Radio System, construct a radio building at tower site in the amount of $48,000, project contingency of $40,000 and approval of a budget adjustment to complete Phase I., z, e� 4. /V///VA O1-2.00: An ordinance approving vacation request VA 01 -2.00 as submitted by Al Harris of Crafton, Tull and Associates on behalf of Scurlock Industries for �L property located at 3725 S. McCollum. The property is zoned I- 1 , Heavy JD` Commercial/Light Industrial and contains approximately 14.38 acres. The request is to vacate a water line easement. LSD O1-1.00: A resolution approving a waiver of right-of-way dedication for Old Gregg Avenue as, requested for LSD 01 - 1 .00 submitted by Dave Jorgensen of 1 Jorgensen and Associates on behalf of Sweetser LTD Partnership for property C located between Elm and Township and west of Gregg Street. 6. DOUBLE SPRINGS ROAD: A resolution authorizing the City Attorney to seek possession of lands owned by Richard L. and June Hill, 686 N. Double Springs Road, for roadway and water line easements due to the inability of obtaining all JJ //leeggal signatures on the specific documents. 7./V ;ARKS HMR TAX: An ordinance codifying Ordinance 3900 of the City of Fayetteville, Arkansas and amending said ordinance to provide penalties and enforcement, allowing examination of records and investigations, and providing J" / for rule making power. 8.v/s %/ HMR TAX: An ordinance amending Section 35.20 of the Code of Fayetteville, Transient Occupancy Tax, levy of tax to provide penalties and enforcement, X �3p3 �llowing examination of records and investigations and providing for rule making ower. ��� 9. JdV JUVENILE CONCERNS COMMITTEE : An ordinance amending Ordinance 3875 to change the name of the Juvenile Concerns Committee to Youth Advocacy T�Committee. 10, HOUSE BILLS 2343 AND 2305: A resolution opposing proposed House Bills 2343 and 205 and notifying the Arkansas Legislature, Municipal League, and Governor's Office of such opposition. �� a d6 FAYETTEVII# E r THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA CITY COUNCIL MARCH 20, 2001 A meeting of the Fayetteville City Council will be held on March 20, 2001 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT 1. APPROVAL OF THE MINUTES: Approval of the minutes of the March 6, 2001 City Council meeting. 2. LS 01 -4.00: A resolution allowing a lesser dedication of right-of-way than required by the Master Street Plan for LS 01 -4.00 submitted by David E. Lashley on behalf of Mary Pauline Reed Trust for property located at 2283 S. School. The. 3, CONSTRUCTION MATERIALS: A resolution awarding bids for construction materials utilized by various divisions of the City. /j . 4. WHITE RIVER BRIDGE: A resolution approving a construction con rac , J&L Construction Company, for the White River Bridge, Highway 45 E., weter main relocation project; and approval of a 15% project contingency in the amount of $41 ,230. _ $ TE J\ RIVER BRIDGE: A resolution approving Amendment No. 1 to the 1�\ nglneering contract with McClelland Consulting Engineers, Inc. for the White River Bridge, Highway 45 E., water main relocation project; and approval of a 15% project contingency in the amount of $4,488. 6. LIBRARY: A resolution approving a contract amendment o archite r ' services for the new Fayetteville Public Library and approval of a budget adjustment funding the change orders. 113 WEST MOUNTAIN 72701 501521-7700 FAX 501 575-8257 X i • i 7. TREE AND TRAILS TASK FORCE: A resolution creating a Tree and Trails Task Force composed of six members, all residents of Fayetteville, appointed by the City Council to two year terms as required by the Tree Settlement Agreement, Serafini, et al v. City of Fayetteville, et al. B. OLD BUSINESS 1 . CIVIL SERVICE : An ordinance granting authority to the Fayetteville Civil Service Commission to appoint and remove the Police and Fire Chief; and for other purposes. The ordinance was left on the second reading at the March 6, 2001 City Council meeting. 2. RZ O1-2.00: An ordinance approving rezoning request RZ 01 -2.00 as submitted by Dave Jorgensen of Jorgensen and Associates on behalf of J.E. Lindsey Family Limited Partnership for property located south of Chamberland Square and east of Betty Jo Drive to Shiloh Drive. The property is zoned C-2, Thoroughfare Commercial and contains approximately 18.25 acres. The request is to rezone to R-2, Medium Density Residential. The ordinance was left on the first reading at the March 6, 2001 City Council meeting. 3. SHILOH WEST APARTMENTS : An ordinance approving a waiver of Ordinance 3793 to accept land and money in lieu as park land requirement of Shiloh West Apartments Subdivision. The ordinance was left on the first reading at the March 6, 2001 City Council meeting. C. NEW BUSINESS 1 . TRAILS GRANT: A resolution authorizing the Parks and Recreation Division to apply for up to $80,000 (80/20 matching funds) in grant money for the development of a multi-use trail at Lake Fayetteville. 2, RADIO SYSTEM BID WAIVER: An ordinance waiving competitive bidding for purchase of special radio equipment from Motorola. 3, RADIO SYSTEM: A resolution awarding a contract to Motorola Inc. in the amount of $ 1 ,769,013 .54 to upgrade and enhance the 800 Mhz Radio System, construct a radio building at tower site in the amount of $48,000, project contingency of $40,000 and approval of a budget adjustment to complete Phase I., 4. VA O1-2.00: An ordinance approving vacation request VA 01 -2.00 as submitted by Al Hams of Crafton, Tull and Associates on behalf of Scurlock Industries for property located at 3725 S. McCollum. The property is zoned I-1 , Heavy Commercial/Light Industrial and contains approximately 14.38 acres. The request is to vacate a water line easement. 5. LSD 01-1 .00: A resolution approving a waiver of right-of-way dedication for Old Gregg Avenue as requested for LSD 01 - 1 .00 submitted by Dave Jorgensen of Jorgensen and Associates on behalf of Sweetser LTD Partnership for property located between Elm and Township and west of Gregg Street. 6, DOUBLE SPRINGS ROAD: A resolution authorizing the City Attorney to seek possession of lands owned by Richard L. and June Hill, 686 N. Double Springs Road, for roadway and water line easements due to the inability of obtaining all legal signatures on the specific documents. 7. PARKS HMR TAX: An ordinance codifying Ordinance 3900 of the City of Fayetteville, Arkansas and amending said ordinance to provide penalties and enforcement, allowing examination of rec9rds and investigations, and providing for rule making power. /moi 7 7000 ' _/ 8. HMR TAX: An ordinance amending Section 35 .20 of the Code of Fayetteville, Transient Occupancy Tax, levy of tax to provide penalties and enforcement, allowing examination of records and investigations and providing for rule making power. 9. JUVENILE CONCERNS COMMITTEE: An ordinance amending Ordinance 3875 to change the name of the Juvenile Concerns Committee to Youth Advocacy • Committee. 10, HOUSE BILLS 2343 AND 2305: A resolution opposing proposed House Bills 2343 and 2305 and notifying the Arkansas Legislature, Municipal League, and Governor's Office of such opposition. RESOLUTION NO, A RESOLUTION APPROVING A CONTRACT AMENDMENT IN THE AMOUNT OF TWENTY-SIX THOUSAND SEVEN HUNDRED AND FIFTY DOLLARS ($26,750.00) WITH GARVER ENGINEERS IN CONNECTION WITH THE DESIGN OF THE PARKING DECK ON THE E. J. BALL LOT. WHEREAS, the original contract did not allow for the funding of a Programming Phase for the project; and WHEREAS, the City has now requested that Garver Engineers present alternative deck layouts, and participate in presentations to City Staff and the public; and WHEREAS, the E. J. Ball lot is approximately one-third larger than that originally proposed; and WHEREAS, the Off Street Parking Authority has agreed to reimburse the City for Fifty Percent (50%) of the increased expense up to Twelve Thousand Five Hundred Dollars ($ 12,500.00). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council hereby Approves a contract amendment in the amount of Twenty-Six Thousand Seven Hundred and Fifty Dollars ($26,750.00) with Garver Engineers in connection with the design of the parking deck on the E. J. Ball lot. Section 2. That the City Council authorizes the Mayor to sign such an amendment to the contract with Garver Engineers. Section 3 . That upon payment to Garver Engineers, the City will bill the Off Street Parking Authority for 50% of its payment, not to exceed $ 12.500. PASSED AND APPROVED this day of March, 2001 . APPROVED: By: DAN COODY, Mayor RESOLUTION NO, A RESOLUTION AWARDING BID 01 - 13 TO WILLIAMS TRACTOR IN THE AMOUNT OF ONE HUNDRED ELEVEN THOUSAND SEVEN HUNDRED AND SEVENTY-EIGHT DOLLARS ($ 111 ,778 .00) AND AUTHORIZING THE PURCHASE OF TWO TRAILER MOUNTED GENERATOR SETS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That the City Council hereby Awards Bid 01 - 13 to Williams Tractor in the Amount of One Hundred Eleven Thousand Seven Hundred and Seventy-eight Dollars ($ 111 ,778.00). Section 2. That the City Council hereby authorizes the payment of this $ 111 ,778.00 for the purchase of two trailer mounted generator sets. PASSED AND APPROVED this day of March, 2001 . APPROVED: By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk FAYETTEV& LE • THE CITY OF FAYETTEVILLE, ARKANSAS March 20, 2001 To all City Aldermen, My plans for hiring a new Fire Chief include enlisting the expertise of a group of professionals and other stakeholders to help select the strongest resumes. I expect this group to consist of. • two Civil Service Commissioners • two City Aldermen • a Public Administration professor from the University of Arkansas • our Interim Fire Chief • our Personnel Director, and • our Administrative Services Director As Mayor, I will continue recruiting and hiring the most highly qualified candidate for any job we offer in this administration. Sincerely, Dan Coody Mayor 113 WEST MOUNTAIN 72701 501521-7700 FAX 501 575-8257 Resolution in Opposition to Arkansas House Bills 2343 and 2305 We the Fayetteville Tree and Landscape Advisory Committee , by unanimous vote , support the resolution before the Fayetteville City Council in opposition to Arkansas House Bills 2343 and 2305 . We strongly believe that these bills would , if passed , undercut many of the Fayetteville ordinances which are vitally important in providing for and protecting property values and good quality of life in Fayetteville . ( Lht of nine members being present ) . John aDuVal Tree and Landscape Advisory Committee Member Fayetteville , Arkansas 20 March 2001 RESOLUTION NO. A RESOLUTION OPPOSING PROPOSED HOUSE BILLS 2343 AND 2305 AND NOTIFYING THE ARKANSAS LEGISLATURE, MUNICIPAL LEAGUE, AND GOVERNOR'S OFFICE OF SUCH OPPOSITION. WHEREAS, our citizens' health, safety, and investment in real estate have long been preserved and protected by zoning laws, building codes, and environmental regulations; and WHEREAS, the Fifth Amendment to the United State Constitution has for over 200 years protected private property rights so that landowners must receive fair compensation if their property is taken for public use; and WHEREAS, proposed House Bill 2343 and 2305 would cripple our City's efforts to preserve Fayetteville's beauty, quality of life and economic vitality by placing a financial straightjacket on any effort to manage our growth, preserve neighborhood integrity, improve building and landscaping requirements, ensure environmental protection, and preserve green space and park land; and obtain help building necessary infrastructure; and WHEREAS, our taxpayers would suffer as House Bill 2343 and 2305 would encourage extensive and costly litigation and require payments to landowners or their attorneys even in questionable, minor cases, and; WHEREAS, these Bills would apply to many state agencies, to all County regulations, and to all City ordinances which now ensure proper zoning, restrict incompatible uses of property, and provide for green space and landscaping requirements as well as tree preservation and protection. <_� w ` -A NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE/ ARKANSAS: Section 1 . That the City of Fayetteville, Arkansas strongly opposes every part of proposed House Bills 2343 and 2305 and urges their complete and total defeat by the Legislature and veto by the Governor, if need arises. Section 2. That a copy of this resolution shall be transmitted to every Arkansas legislator, both Representative and Senator, the Municipal League and the Governor's Office. _ Sc�3 PASSED AND IP OVER this day of March, 2001. APPROVED: By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk . ORDINANCE NO, AN ORDINANCE CODIFYING ORDINANCE 3900 OF THE CITY OF FAYETTEVILLE, ARKANSAS AND AMENDING SAID ORDINANCE TO PROVIDE PENALTIES AND ENFORCEMENT, ALLOWING EXAMINATION OF RECORDS AND INVESTIGATIONS, AND PROVIDING FOR RULE MAKING POWER. WHEREAS, a Special Referendum Election was held in the City of Fayetteville, Arkansas on the 14`h day of November, 1995, on the question of levying an additional tax of an additional tax of I % on gross receipts of hotels, motels and restaurants (known as the Parks HMR tax) and; WHEREAS, the Special Election resulted in a majority of the voters in favor of such tax and the election was duly certified by the Washington County Board of Elections on November 15th, 1995, and; WHEREAS, this ordinance should be codified as Sections 35.31 , 35.32 and 35.99 as printed in the current Fayetteville Code of Ordinances, and; . WHEREAS, the City wishes to allow for the examination of taxpayer records and investigations to assist in the fair and accurate collection of the Parks Hotel, Motel and Restaurant tax and; WHEREAS, provisions are needed for penalties against those who fail to comply with the Parks HMR tax ordinance and; WHEREAS, the City believes that promulgating rules and regulations in administering the Parks HMR tax will be beneficial in fairly and accurately interpreting the provisions of the Parks HMR tax. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That Ordinance 3900 shall be codified as Sections 35.31 , 35.32 and 35.99 of the Code of Fayetteville. Section 2. That §35.33 of the Code of Fayetteville is hereby added as follows: §35.33 Penalties and Enforcement. The City may assess penalties and interest against taxpayers who fail to timely report or pay the tax. The penalty shall be equal to five percent (5%) of the unpaid tax amount per month not to exceed a total assessment of thirty-five percent (35%) of the unpaid tax. Simple interest on unpaid . taxes shall be assessed at the rate of ten percent (10%) per annum. In addition, the City may exercise all powers listed under A.C.A.§26-75-603 (c) as may be amended from . time to time and may utilize the provisions of A.C.A. §26-75-603 (d) and (e) as maybe amended from time to time in enforcing the tax. Section 3. That §35.34 of the Code of Fayetteville is hereby added as follows: §35. 34 Examinations and Investigations. The collector of the tax in order to enforce the tax, by determining the accuracy of taxpayer reports and remittances, or fixing any liability under the ordinance, may make an examination or investigation of the place of business, the tangible personal property, equipment, and facilities, and the books, records, papers, vouchers, accounts, and documents of any taxpayer or other person. Every taxpayer or other person and his agents and employees shall exhibit to the collector these places and items and facilitate any examination or investigation. Section 4. That §35.35 of the Code of Fayetteville is hereby added as follows: §35.35 Rules and Regulations. The City after notice and public hearing may pass any rules and regulations necessary for carrying into effect the provisions for the enforcement of this ordinance. PASSED AND APPROVED this day of , 2001 . • APPROVED: BY: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk i r • • . ORDINANCE NO, AN ORDINANCE AMENDING §35.20 OF THE CODE OF FAYETTEVILLE (ORDINANCE NO. 2310, AS AMENDED), TRANSIENT OCCUPANCY TAX, LEVY OF TAX TO PROVIDE PENALTIES AND ENFORCEMENT, ALLOWING EXAMINATION OF RECORDS AND INVESTIGATIONS AND PROVIDING FOR RULE MAKING POWER. WHEREAS, the City wishes to allow for the examination of taxpayer records and investigations to assist in the fair and accurate collection of the Hotel, Motel and Restaurant tax (hereinafter HMR tax) and; WHEREAS, provisions are needed for penalties against those who fail to comply with the HMR tax ordinance and; WHEREAS, the City believes that promulgating rules and regulations in administering the HMR tax will be beneficial in fairly and accurately interpreting the provisions of the HMR tax. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Sarfinn 1 . That §35.25 of the Code of Fayetteville is hereby added as follows: §35.25 Penalties and Enforcement. The City may assess penalties and interest against taxpayers who fail to timely report or pay the tax. The penalty shall be equal to five percent (5%) of the unpaid tax amount per month not to exceed a total assessment of thirty-five percent (35%) of the unpaid tax. Simple interest on unpaid taxes shall be assessed at the rate of ten percent (10%) per annum. In addition, the City may exercise all powers listed under A.C.A.§26-75- 603 (c) as may be amended from time to time and may utilize the provisions of A.C.A. §26-75-603 (d) and (e) as may be amended from time to time in enforcing the tax. Section That §35.26 of the Code of Fayetteville is hereby added as follows: §35.26 Examinations and Investigations. The collector of the tax in order to enforce the tax, by determining the accuracy of taxpayer reports and remittances, or fixing any liability under the ordinance, may make an examination or investigation of the place of business, the tangible personal property, equipment, and facilities, and the books, records, papers, vouchers, accounts, and documents of any taxpayer or other person. Every taxpayer or other person and his agents and employees shall exhibit to the collector these places and items and facilitate any examination or investigation. Section3. That §35.27 of the Code of Fayetteville is hereby added as follows: §35.27 Rules and Regulations. The City after notice and public hearing may pass any rules and regulations necessary for carrying into effect the provisions for the enforcement of this ordinance. PASSED AND APPROVED this day of 2001 . APPROVED: BY: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk . ORDINANCE NO. AN ORDINANCE CODIFYING ORDINANCE 3900 OF THE CITY OF FAYETTEVILLE, ARKANSAS AND AMENDING SAID ORDINANCE TO PROVIDE PENALTIES AND ENFORCEMENT, ALLOWING EXAMINATION OF RECORDS AND INVESTIGATIONS, AND PROVIDING FOR RULE MAKING POWER. WHEREAS, a Special Referendum Election was held in the City of Fayetteville, Arkansas on the 14`x' day of November, 1995, on the question of levying an additional tax of an additional tax of 1 % on gross receipts of hotels, motels and restaurants (known as the Parks HMR tax) and; WHEREAS, the Special Election resulted in a majority of the voters in favor of such tax and the election was duly certified by the Washington County Board of Elections on November 15a', 1995, and; WHEREAS, this ordinance should be codified as Sections 35.31 , 35 .32 and 35 .99 as printed in the current Fayetteville Code of Ordinances, and; WHEREAS, the City wishes to allow for the examination of taxpayer records and investigations to assist in the fair and accurate collection of the Parks Hotel, Motel and Restaurant tax and; WHEREAS, provisions are needed for penalties against those who fail to comply with the Parks HMR tax ordinance and; WHEREAS, the City believes that promulgating rules and regulations in administering the Parks HMR tax will be beneficial in fairly and accurately interpreting the provisions of the Parks HMR tax. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Ordinance 3900 shall be codified as Sections 35.31 , 35.32 and 35 .99 of the Code of Fayetteville. Section 2. That §35.33 of the Code of Fayetteville is hereby added as follows: x'35.33 Penalties and Enforcement. The City may assess penalties and interest against taxpayers who fail to timely report or pay the tax. The penalty shall be equal to five percent (5%) of the unpaid tax amount per month not to exceed a total assessment of thirty-five percent (35%) of the unpaid tax. Simple interest on unpaid . taxes shall be assessed at the rate of ten percent (10%) per annum. In addition, the City may exercise all powers listed under A.C.A.§26-75-603 (c) as may be amended from . time to time and may utilize the provisions of A.C.A. §26-75-603 (d) and (e) as may be amended from time to time in enforcing the tax. Section 3. That §35.34 of the Code of Fayetteville is hereby added as follows: §35.34 Examinations and Investigations. The collector of the tax in order to enforce the tax, by determining the accuracy of taxpayer reports and remittances, or fixing any liability under the ordinance, may make an examination or investigation of the place of business, the tangible personal property, equipment, and facilities, and the books, records, papers, vouchers, accounts, and documents of any taxpayer or other person. Every taxpayer or other person and his agents and employees shall exhibit to the collector these places and items and facilitate any examination or investigation. Section 4. That §35.35 of the Code of Fayetteville is hereby added as follows: §35. 35 Rules and Regulations. The City after notice and public hearing may pass any rules and regulations necessary for carrying into effect the provisions for the enforcement of this ordinance. PASSED AND APPROVED this day of 12001 . • APPROVED: BY: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk . ORDINANCE NO. AN ORDINANCE AMENDING §35.20 OF THE CODE OF FAYETTEVILLE (ORDINANCE NO. 2310, AS AMENDED), TRANSIENT OCCUPANCY TAX, LEVY OF TAX TO PROVIDE PENALTIES AND ENFORCEMENT, ALLOWING EXAMINATION OF RECORDS AND INVESTIGATIONS AND PROVIDING FOR RULE MAKING POWER. WHEREAS, the City wishes to allow for the examination of taxpayer records and investigations to assist in the fair and accurate collection of the Hotel, Motel and Restaurant tax (hereinafter HMR tax) and; WHEREAS, provisions are needed for penalties against those who fail to comply with the HMR tax ordinance and; WHEREAS, the City believes that promulgating rules and regulations in administering the HMR tax will be beneficial in fairly and accurately interpreting the provisions of the HMR tax. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Sectivn1 . That §35.25 of the Code of Fayetteville is hereby added as follows: §35.25 Penalties and Enforcement. The City may assess penalties and interest against taxpayers who fail to timely report or pay the tax. The penalty shall be equal to five percent (5%) of the unpaid tax amount per month not to exceed a total assessment of thirty-five percent (35%) of the unpaid tax. Simple interest on unpaid taxes shall be assessed at the rate of ten percent (10%) per annum. In addition, the City may exercise all powers listed under A.C.A.§26-75- 603 (c) as may be amended from time to time and may utilize the provisions of A.C.A. §26-75-603 (d) and (e) as may be amended from time to time in enforcing the tax. Sectici. That §35.26 of the Code of Fayetteville is hereby added as follows: §35.26 Examinations and Investigations. The collector of the tax in order to enforce the tax, by determining the accuracy of taxpayer reports and remittances, or fixing any liability under the ordinance, may make an examination or investigation of the place of business, the tangible personal property, equipment, and facilities, and the books, records, papers, vouchers, accounts, and documents of any taxpayer or other person. Every taxpayer or