HomeMy WebLinkAboutOrdinance 5429 i 1111111 111111 iii 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 ilii ilii
Doc ID: 014176320002 Type: REL
Kind: ORDINANCE
Recorded: 08/26/2011 at 02:37:48 PM .
Fee Amt: $20.00 Paae 1 of 2 r-y ;
Washinaton Countv. AR �;�
Bette Stews Circuit ClerkCn/� i 3>• ET' —'
File2011-00024173 � _ms
r �7
.......
ORDINANCE NO. 5429 ,
x�
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, 2013; PROVIDING FOR AN EXPIRATION DATE
FOR SUCH SALES AND USE TAX OF JUNE 30, 2023
WHEREAS, the City Council of the City of Fayetteville, Arkansas has passed on the 2°d
day of August, 2011, Ordinance No. 5429 providing for the levy of a one percent (1%) Sales
and Use Tax within the City to replace the current one percent (1%) Sales and Use Tax which
expires on June 30, 2013; and
WHEREAS, the purpose of this Ordinance is to call a special election on the question of
continuing 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
11,h day of October, 2011, at which election there shall be submitted to the electors of the City of
Fayetteville 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, 2013 to replace the current 1% local sales and use tax. This
replacement tax shall expire on June 30, 2023 ..............................[ ]
AGAINST adoption of a 1% sales and use tax within the City of Fayetteville to
begin on July 1, 2013, to replace the current 1% local sales and use tax. This
replacement tax shall expire on June 30, 2023 ...........................[ ]
Page 2
Ordinance No. 5429
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 of Fayetteville
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.
PASSED and APPROVED this 2nd day of August, 2011.
APPROVED: ATTEST:
By: By:
UIO&ELD J N, Mayor SONDR E. SMITH, City Clerk/Treasurer
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I certify this instrument was filed on
08/26/2011 02:37:48 PM
and recorded in Real Estate
File Number 2011-00024173
Bette Stamp Circuit Clerk
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
August 2,2011
City Council Meeting Date
Agenda Items Only
Paul A. Becker Finance and Internal services Finance
Submitted By Division Department
Action Required:
This is a recommendation to call a special election on October 11,2011 to consider the City's request to continue the
one cent Sales tax and Use Tax .The ballot will request the Sales Tax be continued for an additional 10 years from its
current expiration date..
$20,000 $ 266,826.00 Services and Charges
Cost of this request Category/Project Budget Program Category/Project Name
1010.6600.5318.00 $ 126,402.00 Miscellaneous
Account Number Funds Used to Date Program/Project Category Name
$ 140,424.00 General
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached 0
4j", 1- 18-10t, Previous Ordinance or Resolution#
Department Director Date
Original Contract Date:
-ZAt Original Contract Number:
City Attorney Date
Q T � ..6cl� dtf 07-18-1 1 P03:02 RCVD
Finance and Internal Services Director Date Received in City
Clerk's Office
ko.414
Chie of Sta Date UERE
Received in
Mayor's Office
Mayor Da e
Comments:
Revised January 15,2009
•
�a e eVl e THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
• .
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan and Members of the Fayetteville City Council
Thru: Don Marr, Chief of Staff
From: Paul A Becker, Finance Director
Date: 7/15/25011
Subject: Request for an Ordinance continuing the one percent city sales and use tax and providing for a Special
Election called for that purpose on October 11, 2011. A budget amendment is also requested to provide for costs
of an election.
Background:
As you are all aware, the Arkansas Statutes provide enabling legislation for a levy of a one percent City-Wide
Sales and Use Tax if approved by the voters. In 2002 the citizens of Fayetteville elected to continue the one
percent City-Wide Sales Tax which was then scheduled to expire in June, 2003. The Sales Tax will continue
until June, 2013 pursuant to the authorizing ordinance voted on. As we approach 2013, it is extremely important
that adequate lead time be provided for consideration of the request for continuation of this tax. It is also
important that the citizens consider the continuation of this tax before they are presented with any request for
new Sales Taxes proposed by other jurisdictions. The continuation of this Sales Tax must again be authorized
by the voter and the administration is, therefore, requesting a special election for that purpose be held on
October 11, 2011. There was no provision in the 2011 budget for the cost of this election so a budget
amendment to cover the necessary costs is also being requested.
Issues
As your Chief Financial Officer it is my responsibility to identify issues and potential ramifications associated
with the loss of the City-Sales Tax revenue if not continued via voter approval. I will try to do this as simply
and clearly as possible.
The City collects approximately $15,400,000 annually from the City-Wide Sales and Use Tax.That amount is
split in a 60-40 ratio between General Fund Operations and General Capital Improvements respectively. In
dollars this is $9,240,000 for operations and $6,160,000 for Capital. In percentage terms that is 27.6% of the
General Fund Revenue and 100% of the General Fund Capital Improvement Program. A revenue loss of that
magnitude could not be made by other sources. It is also important to note that other revenue sources are
currently experiencing downward pressures in the short run. Therefore; we would have to cut expenses and
related services dramatically. The General Capital Program would disappear.
THE CITY OF FAYETTEVILLE,ARKANSAS
A quick review of the General Fund Expenditure Budget will indicate that 82% of that budget is for personnel
services. That is approximately $27,500,000. If we cut each category in the budget in direct proportion to the
revenue loss (27.6%)the personnel services category would have to be reduced by about $7,600,000.
There are 455 authorized positions in the General Fund. Twenty-seven and one half percent of authorized
positions is 125 but the loss of jobs in number would be larger than that and could be as many as 150. Since
Public Safety is about 60% of the numerical total, that could mean 90 job reductions in that sector alone.
The General Capital Improvement Program funds many important programs such as:
The Street Paving Program
The Trail Program
Drainage Programs
Library Materials
City Capital and Equipment Replacement Program
IT Programs
Amounts currently provided from.the Sales Tax Capital Fund for these programs would be eliminated. The
current amount funded is $6,160,000 per year.
Summary :
The above discussion should not be construed as a plan of action if the Sales and Use Taxes are not continued.
However, I believe that the facts shown above indicate both the magnitude and potential service reductions that
the loss of the City's largest single revenue producing tax would cause. The citizens of Fayetteville have shown
themselves to be thoughtful and intelligent voters and I am confident that after being shown the facts they will
overwhelmingly vote to continue this tax which provides funding for many vital programs.
BUDGET IMPACT:
The cost of the requested special election is estimated to be$20,000 and a budget amendment for that amount is
attached.
eaLil
eevDepartmental Correspondence
LEGAL
• • DEPARTMENT
Kit Williams
City Attorney
TO: Mayor Jordan Jason B.Kelley
Assistant City Attorney
Don Marr, Chief of Staff
Paul Becker, Finance Director
FROM: Kit Williams, City Attorney �.... ��
DATE: July 12, 2011.
RE: Sales Tax Election
I wrote you on June 15 concerning your request for me to prepare sales tax
renewal and election ordinances. You have now requested these ordinances to
reflect an election for October 11th. That is within the 50-120 days after passage of
the ordinances if such ordinances are passed by the City Council on August 2,
2011. November 8th would also be a legal date if the ordinances are passed on
August 2nd,
If the ordinances were not passed until the August 16th City Council
meeting, the possible election dates would be October 11, November 81h�,and
December 13th
I will send the attached ordinances to the Department of Finance and
Administration pursuant to A.C.A. §26-25-107 for its review. The Department
"shall approve or reject the ordinance and provide written notice to the city or
county within fifteen (15) days. of receipt of the ordinance." A.C.A. §25-25-
107(b)(1).
f.
KIT WILLIAMS
FAYETTEVILLE CITY ATTORNEY
JASON B.KELLEY
Assistant City Attorney A ay� [eville Judy Housley
Office Manager ARKANSAS
Phone (479)575-8313 113 W.Mountain,Suite 302
FAX (479)575-8315
TDD (479)521-1316 Fayetteville,AR 72701-6083
July 13, 2011
Department of Finance & Administration
DFA Building
1509S. 7 1h Street, Room 401
Little Rock, AR 72201
RE: Proposed Sales tax Ordinances Levying a 1% Sales and Use Tax and
Calling a Special Election
Dear Department of Finance & Administration:
Pursuant to A.C.A. §26-25-107, I have enclosed herein two ordinances to levy a 1%
sales and use tax to replace our current levy that automatically expires on June 30, 2013 and
to call a Special Election on this replacement sales tax for October 11, 2011.
I expect that the Fayetteville City Council will pass these ordinances during its
regular meetings on either August 2"d or August 161H
Please review these ordinances which I drafted to be in substantial conformity with
your proposed draft ordinances (supplied by the Arkansas Municipal League) and our
currently effective sales tax ordinance. Thank you for your review of these ordinances.
With kindest re ds,
HIT WILLIAMS
Fayetteville City Attorney.
KW/jh
cc: Mayor Jordan
Don Marr, Chief of Staff
Paul Becker, Financial Director
ORDINANCE NO.
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, 2013; PROVIDING FOR AN EXPIRATION DATE
FOR SUCH SALES AND USE TAX OF JUNE 30, 2023
WHEREAS, the City Council of the City of Fayetteville, Arkansas has passed on the 5th
day of July, 2011, Ordinance No. providing for the levy of a one percent (1%) Sales and
Use Tax within the City to replace the current one percent(1%) Sales and Use Tax which expires
on June 30, 2013; and
WHEREAS, the purpose of this Ordinance is to call a special election on the question of
continuing 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
11th day of October, 2011, at which election there shall be submitted to the electors of the City of
Fayetteville 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 I% local sales and use tax within the City of Fayetteville
to begin July 1, 2013 to replace the current 1% local sales and use tax. This
replacement tax shall expire on June 30, 2023 ..............................[ ]
AGAINST adoption of a I% sales and use tax within the City of Fayetteville
to begin on July 1, 2013, to replace the current 1% local sales and use tax.
This replacement tax shall expire on June 30, 2023 ...........................[ ]
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 of Fayetteville
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.
PASSED and APPROVED this 2nd day of August, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
NORTHWEST ARKANSAS DEMOCRAT-GAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
THE MORNING NEWS OF ROGERS RECEIVED
PAPE NORTHWEST ARKANSAS TIMES
LLC BENTON COUNTY DAILY RECORD AUG 1 6 2 01 i
212 NORTH EAST AVENUE.FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607, 72702 1 479-442-1700 1 WWW.NWANEWS.COM CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in ORDINANCE NO. SM
Washington and Benton County, Arkansas, bona fide circulation, AN ORDINANCE O CE OALLIN I A,AFML ELS ON T E
THE Gf1Y OF FAYETTEVILL.E,Aials`ANSAS ON THE: Jif L Y
that from my own personal knowledge and reference to the files 0111st'ION Or LEWING A ONE PEACENT SALES AatcA++sas
of said publication, the advertisement of- ARKANSASO USE XO REPLACE
THE ONEEPERCEE.
ARKANSAS TO REPLACE THE DNI: PERCENT
SALES AND USE TAX EXPIRING ON JUNE 30,2013;PROVIDING FOR AN EXPIRATION
DATE FOR SUCH SALES'AND USE TAX OF JUNE 30,2023
WHEREAS,the City Council of the City of Fayetteville,Arkansas has passed on the 2nd day
Ciof Fa etteville of August,2011,Ordinance No.5429 providing for the levy of a one percent(1%)Sales and
`J y Use Tax within the City to replace the current one percent(1%)Sales and Use Tax which
Ordinance 5429 expires on June 30,2013;and
WHEREAS,the purpose of this Ordinance is to call a special election on the question of
continuing the levy of this Sales and Use Tax.
Was inserted in the Regular Editions on:
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
August 11, 2011 FAYETTEVILLE,ARKANSAS:
Section 1.That there be,and there is hereby called,a special election to be held on the 11th
day of October,2011,at which election there shall be submitted to the electors of the City
of Fayetteville the question of the levy of the Sales and Use Tax,
Publication Charges: $ 188.06 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,
2013 to replace the current 1%local sales and use tax. This replacement tax shall expire on
Cathy Wiles June 30,2023 .............................•I 1
AGAINST adoption of a 1%sales and use tax within the City of Fayetteville to begin on July
1,2013,to replace the current 1%local sales and use tax. This replacement tax shall expire
on June 30,2023 ...........................I 1
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
Subscribed and sworn to before me
1 1 Annotated(the"Authorizing Legislation")and only qualified voters of the City of Fayetteville
This day of C1�; _erF— , 201 1, shall have the right to vote at the election.
b _ Section 4.That the results of the election shall be proclaimed by the Mayor,and his procla-
mation 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.
{r�I 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
Notary Pubh y/ Revenues of the State of Arkansas as soon as practical.
My Commission Expires: �f Ly to/V 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 spe-
cial 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
i conferred by this Ordinance.
Section 7.That all ordinances and parts thereof in conflict herewith are hereby repealed to
the extent of such conflict.
PASSED and APPROVED this 2nd day of August,2011.
APPROVED: ATTEST:
By- By:
LIONELD JORDAN,Mayor SONDRA E.SMITH,City Clerk/Traasurer
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
