HomeMy WebLinkAboutORDINANCE 5876AN ORDINANCE CALLING AND SETTING A DATE FOR A SPECIAL ELECTION ON THE
QUESTIONS OF (1) THE RAISING BY ONE AND ONE-HALF (1.5) MILLS THE CURRENT ONE (1.0)
MILL CITY TAX ON REAL AND PERSONAL PROPERTY SUPPORTING THE MAINTENANCE
AND OPERATION OF FAYETTEVILLE PUBLIC LIBRARY, AND (2) THE IMPOSITION OF A ONE
AND TWO-TENTHS (1.2) MILL CITY TAX ON REAL AND PERSONAL PROPERTY TO BE
PLEDGED TO AN ISSUE OR ISSUES OF BONDS NOT TO EXCEED $26,500,000 IN PRINCIPAL
AMOUNT TO FINANCE CAPITAL IMPROVEMENTS TO FAYETTEVILLE PUBLIC LIBRARY;
PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY
WHEREAS, under the authority of Amendment 30 to the Constitution of the State of Arkansas, there
have been submitted to the Mayor (i) a petition asking that the question of an increase by 1.5 mills of the
current 1.0 mill City tax on real and personal property supporting maintenance and operation of
Fayetteville Public Library be submitted to the electors of the City, and (ii) a petition asking that the
question of the imposition of a 1.2 mill City tax on real and personal property to secure up to
$26,500,000 in principal amount of bonds to finance capital improvements to Fayetteville Public Library
be submitted to the electors of the City; and
WHEREAS, the City Clerk has ascertained that the signatures of at least one hundred (100)
taxpaying electors of the City are present on each petition; and
WHEREAS, the purpose of this Ordinance is to call a special election on the questions described above in
accordance with the provisions of Amendment 30 and Arkansas Code Annotated Sections? -11-201 et seq.;
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 Tuesday, August 9,
2016, at which election there shall be submitted to the qualified electors of the City the questions of (i)
the increase by 1.5 mills of the current 1.0 mill City tax on real and personal
Page 1 Printed on 5118116
i
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
-
Ordinance: 5876
File Number: 2016-0235
RIO
SPECIAL ELECTION FOR FAYETTEVILLE PUBLIC LIBRARY:
c
AN ORDINANCE CALLING AND SETTING A DATE FOR A SPECIAL ELECTION ON THE
QUESTIONS OF (1) THE RAISING BY ONE AND ONE-HALF (1.5) MILLS THE CURRENT ONE (1.0)
MILL CITY TAX ON REAL AND PERSONAL PROPERTY SUPPORTING THE MAINTENANCE
AND OPERATION OF FAYETTEVILLE PUBLIC LIBRARY, AND (2) THE IMPOSITION OF A ONE
AND TWO-TENTHS (1.2) MILL CITY TAX ON REAL AND PERSONAL PROPERTY TO BE
PLEDGED TO AN ISSUE OR ISSUES OF BONDS NOT TO EXCEED $26,500,000 IN PRINCIPAL
AMOUNT TO FINANCE CAPITAL IMPROVEMENTS TO FAYETTEVILLE PUBLIC LIBRARY;
PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY
WHEREAS, under the authority of Amendment 30 to the Constitution of the State of Arkansas, there
have been submitted to the Mayor (i) a petition asking that the question of an increase by 1.5 mills of the
current 1.0 mill City tax on real and personal property supporting maintenance and operation of
Fayetteville Public Library be submitted to the electors of the City, and (ii) a petition asking that the
question of the imposition of a 1.2 mill City tax on real and personal property to secure up to
$26,500,000 in principal amount of bonds to finance capital improvements to Fayetteville Public Library
be submitted to the electors of the City; and
WHEREAS, the City Clerk has ascertained that the signatures of at least one hundred (100)
taxpaying electors of the City are present on each petition; and
WHEREAS, the purpose of this Ordinance is to call a special election on the questions described above in
accordance with the provisions of Amendment 30 and Arkansas Code Annotated Sections? -11-201 et seq.;
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 Tuesday, August 9,
2016, at which election there shall be submitted to the qualified electors of the City the questions of (i)
the increase by 1.5 mills of the current 1.0 mill City tax on real and personal
Page 1 Printed on 5118116
File Number: 2016-0235
Ordinance: 5876
property supporting maintenance and operation of Fayetteville Public Library, and (ii) the imposition of a
1.2 mill City tax on real and personal property to secure up to $26,500,000 in principal amount of bonds
to finance capital improvements to Fayetteville Public Library including, but not limited to, construction of
new buildings, parking decks, additions, annexes and other expansion and renovation projects.
Section 2. That the questions shall be placed on the ballot for the special election in substantially the
following forms:
Question One:
Pursuant to Amendment 30 to the Constitution of the State of Arkansas, there is submitted to the qualified
electors of the City of Fayetteville, Arkansas, the question of the increase by 1.5 mills of the current 1.0
mill City tax on real and personal property supporting maintenance and operation of Fayetteville Public
Library.
Vote on the question by placing an "X" in one of the squares following the question, either for or against:
FOR raising by one and one-half (1.5) mills the current one (1.0) mill city tax on real and personal property
to be used for maintenance and operation of Fayetteville Public Library, a public city library
AGAINST raising by one and one-half (1.5) mills the current one (1.0) mill city tax on real and personal
property to be used for maintenance and operation of Fayetteville Public Library, a public city library.
Question Two:
Pursuant to Amendment 30 to the Constitution of the State of Arkansas, there is submitted to the
qualified electors of the City of Fayetteville, Arkansas, the question of the imposition of a 1.2 mill City tax
on real and personal property to secure up to $26,500,000 in principal amount of bonds to finance capital
improvements to Fayetteville Public Library. Unless the increase by 1.5 mills of the City tax on real and
personal property to be used for maintenance and operation of Fayetteville Public Library (Question 1
above) is also approved by the electors of the City, the 1.2 mill City tax on real and personal property to
be pledged to capital improvement bonds will not be imposed and the bonds will not be issued by the
City.
Vote on the question by placing an "X" in one of the squares following the question, either for or against:
FOR a one and two-tenths (1.2) mill city tax on real and personal property within the city to be pledged to
an issue or issues of bonds not to exceed $26,500,000 in aggregate principal amount, to finance capital
improvements to Fayetteville Public Library, a public city library, and to authorize the issuance of the
bonds on such terms and conditions as shall be approved by the city.
AGAINST a one and two-tenths (1.2) mill city tax on real and personal property within the city to be
pledged to an issue or issues of bonds not to exceed $26,500,000 in aggregate principal amount, to
finance capital improvements to Fayetteville Public Library, a public city library, and to authorize the
Page 2 Printed on 5118116
File Number: 2016-0235
Ordinance- 5876
issuance of the bonds on such terms and conditions as shall be approved by the city.
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 Arkansas municipal elections unless otherwise provided in
Amendment 30, and only qualified voters of the City shall have the right to vote at the election.
Section 4. That a copy of this Ordinance shall be given to the Washington County Clerk and the Washington
County Board of Election Commissioners not later than June 7, 2016, so that the necessary election
officials and supplies may be provided.
Section 5. That the results of the special election shall be proclaimed by the Mayor, and his
proclamation shall be published one time in a newspaper of general circulation within the City. IThe
proclamation shall advise that the results as proclaimed shall be conclusive unless attacked in the Circuit
Court of Washington County within thirty (30) days after the date of publication of the proclamation.
Section 6. That the Mayor and the City Clerk, for and on behalf of the City, be, and they hereby are
authorized and directed to do any and all things necessary to call and hold the special election as herein
provided.
Section 7. That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of
such conflict.
Section 8. Emergency Clause. This millage election was long delayed by litigation against Washington
Regional Medical Center and the City of Fayetteville contesting clear title of the property to be sold to the
Fayetteville Public Library for possible use if Question 2 is approved by the voters. The Arkansas Court of
Appeals unanimously affirmed Washington Regional's quiet title action on April 27, 2016, allowing this
special election to proceed. In order to hold the special election on the preferred date of August 9, 2016,
this ordinance needs to go into effect without delay. It is hereby ascertained and declared that there is a
critical need to obtain additional sources of revenue to maintain and operate Fayetteville Public Library
and to finance needed capital improvements thereto, all in order to promote and protect the health,
safety and welfare of the inhabitants of the City. It is, therefore, declared that an emergency exists and this
Ordinance being necessary for the immediate preservation of public peace, health and safety shall be in
force and effect immediately from and after its passage. `�t�ir►trr�
PASSED and APPROVED on 5/17/2016
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FAYETTEVILLE:
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Attest:
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Sondra E. Smith, City Clerk Treasurer
Page 3 Printed on 5118116
City of Fayetteville, Arkansas 113 West Mountain Street
/ Fayetteville, AR 72701
r +T (479) 575-8323
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Text File
File Number: 2016-0235
Agenda Date: 5/17/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 4
SPECIAL ELECTION FOR FAYETTEVILLE PUBLIC LIBRARY:
AN ORDINANCE CALLING AND SETTING A DATE FOR A SPECIAL ELECTION ON THE
QUESTIONS OF (1) THE RAISING BY ONE AND ONE-HALF (1.5) MILLS THE CURRENT ONE
(1.0) MILL CITY TAX ON REAL AND PERSONAL PROPERTY SUPPORTING THE
MAINTENANCE AND OPERATION OF FAYETTEVILLE PUBLIC LIBRARY, AND (2) THE
IMPOSITION OF A ONE AND TWO-TENTHS (1.2) MILL CITY TAX ON REAL AND PERSONAL
PROPERTY TO BE PLEDGED TO AN ISSUE OR ISSUES OF BONDS NOT TO EXCEED
$26,500,000 IN PRINCIPAL AMOUNT TO FINANCE CAPITAL IMPROVEMENTS TO
FAYETTEVILLE PUBLIC LIBRARY; PRESCRIBING OTHER MATTERS PERTAINING
THERETO; AND DECLARING AN EMERGENCY
WHEREAS, under the authority of Amendment 30 to the Constitution of the State of Arkansas, there
have been submitted to the Mayor (i) a petition asking that the question of an increase by 1.5 mills of the
current 1.0 mill City tax on real and personal property supporting maintenance and operation of
Fayetteville Public Library be submitted to the electors of the City, and (ii) a petition asking that the
question of the imposition of a 1.2 mill City tax on real and personal property to secure up to
$26,500,000 in principal amount of bonds to finance capital improvements to Fayetteville Public
Library be submitted to the electors of the City; and
WHEREAS, the City Clerk has ascertained that the signatures of at least one hundred (100) taxpaying
electors of the City are present on each petition; and
WHEREAS, the purpose of this Ordinance is to call a special election on the questions described above
in accordance with the provisions of Amendment 30 and Arkansas Code Annotated Sections 7-11-201
et seg.;
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 Tuesday, August 9,
2016, at which election there shall be submitted to the qualified electors of the City the questions of (i)
the increase by 1.5 mills of the current 1.0 mill City tax on real and personal property supporting
maintenance and operation of Fayetteville Public Library, and (ii) the imposition of a 1.2 mill City tax
on real and personal property to secure up to $26,500,000 in principal amount of bonds to finance
capital improvements to Fayetteville Public Library including, but not limited to, construction of new
buildings, parking decks, additions, annexes and other expansion and renovation projects.
Section 2. That the questions shall be placed on the ballot for the special election in substantially the
following forms:
Question One:
Pursuant to Amendment 30 to the Constitution of the State of Arkansas, there is submitted to the
qualified electors of the City of Fayetteville, Arkansas, the question of the increase by 1.5 mills
City of Fayetteville, Arkansas Page 1 Printed on 5118/2016
File Number. 2016-0235
of the current 1.0 mill City tax on real and personal property supporting maintenance and
operation of Fayetteville Public Library.
Vote on the question by placing an "X" in one of the squares following the question, either for or
against:
FOR raising by one and one-half (1.5) mills the current one (1.0) mill city tax on real and
personal property to be used for maintenance and operation of Fayetteville Public Library, a
public city library ...........................................❑
AGAINST raising by one and one-half (1.5) mills the current one (1.0) mill city tax on real and
personal property to be used for maintenance and operation of Fayetteville Public Library, a
public city library ..................................❑
Question Two:
Pursuant to Amendment 30 to the Constitution of the State of Arkansas, there is submitted to the
qualified electors of the City of Fayetteville, Arkansas, the question of the imposition of a 1.2 mill City
tax on real and personal property to secure up to $26,500,000 in principal amount of bonds to finance
capital improvements to Fayetteville Public Library. Unless the increase by 1.5 mills of the City tax on
real and personal property to be used for maintenance and operation of Fayetteville Public Library
(Question I above) is also approved by the electors of the City, the 1.2 mill City tax on real and personal
property to be pledged to capital improvement bonds will not be imposed and the bonds will not be
issued by the City.
Vote on the question by placing an "X" in one of the squares following the question, either for or
against:
FOR a one and two-tenths (1.2) mill city tax on real and personal property within the city to be pledged
to an issue or issues of bonds not to exceed $26,500,000 in aggregate principal amount, to finance
capital improvements to Fayetteville Public Library, a public city library, and to authorize the issuance
of the bonds on such terms and conditions as shall be approved by the city ......................... ❑
AGAINST a one and two-tenths (1.2) mill city tax on real and personal property within the city to be
pledged to an issue or issues of bonds not to exceed $26,500,000 in aggregate principal amount, to
finance capital improvements to Fayetteville Public Library, a public city library, and to authorize the
issuance of the bonds on such terms and conditions as shall be approved by the city ............. ❑
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 Arkansas municipal elections unless otherwise
provided in Amendment 30, and only qualified voters of the City shall have the right to vote at the
election.
Section 4. That a copy of this Ordinance shall be given to the Washington County Clerk and the
Washington County Board of Election Commissioners not later than June 7, 2016, so that the necessary
election officials and supplies may be provided.
Section 5. That the results of the special election shall be proclaimed by the Mayor, and his
proclamation shall be published one time in a newspaper- of general circulation within the City. The
proclamation shall advise that the results as proclaimed shall be conclusive unless attacked in the Circuit
Court of Washington County within thirty (30) days after the date of publication of the proclamation.
Section 6. That the Mayor and the City Clerk, for and on behalf of the City, be, and they hereby are
authorized and directed to do any and all things necessary to call and hold the special election as herein
provided.
Section 7. That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of
such conflict.
Section 8. Emergency Clause. This millage election was long delayed by litigation against Washington
City of Fayetteville, Arkansas Page 2 Printed on 511812016
File Number: 2016-0235
Regional Medical Center and the City of Fayetteville contesting clear title of the property to be sold to
the Fayetteville Public Library for possible use if Question 2 is approved by the voters. The Arkansas
Court of Appeals unanimously affirmed Washington Regional's quiet title action on April 27, 2016,
allowing this special election to proceed. In order to hold the special election on the preferred date of
August 9, 2016, this ordinance needs to go into effect without delay. It is hereby ascertained and
declared that there is a critical need to obtain additional sources of revenue to maintain and operate
Fayetteville Public Library and to finance needed capital improvements thereto, all in order to promote
and protect the health, safety and welfare of the inhabitants of the City. It is, therefore, declared that an
emergency exists and this Ordinance being necessary for the immediate preservation of public peace,
health and safety shall be in force and effect immediately fi•om and after its passage.
City of Fayetteville, Arkansas Page 3 Printed on 511812016
Paul Becker
Submitted By
City of Fayetteville Staff Review Form
2016-0235
Legistar File ID
5/17/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/28/2016
Submitted Date
Chief Financial Officer/
Finance & Internal Services Department
Division / Department
Action Recommendation:
Approval of an Ordinance calling and setting a date for a special election on the questions of (1) the raising by 1.5
mills the current 1.0 mill City tax on real and personal property supporting the maintenance and opertations of the
Fayetteville Public Library, and (2) the imposition of 1.2 mills City tax on real and personal property to be pledged to
an issue or issues of bonds not to exceed $26,500,000 in principal amount to finance capital improvements to the
Fayetteville Public Library and declaring an emergency.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost?
Budget Adjustment Attached?
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
0
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
Memo
To: Mayor Jordan and Fayetteville City Council
From: David Johnson, Executive Director
Date: April 28, 2016
Re: Special Election for Fayetteville Public Library
Background
Fayetteville Public Library Board of Trustees voted at the FPL Board of Trustees meeting on
April 18, 2016 to initiate the petition process leading to an election on August 9, 2016 for the
purpose of placing two (2) ballot issues before the citizens of Fayetteville. The two (2) ballot
issues are: request approval for an operations & maintenance millage increase and request
approval to authorize bonds for capital improvements and the needed millage to fund the
associated debt service.
Analysis
The Fayetteville Board of Trustees has been studying and analyzing the Library's space and
operational needs for the past four (4) years and has commissioned a Master Plan Study that
concluded the library needed an additional 80,000 square feet to meet Fayetteville citizen
service demands through 2030. Additionally, the Fayetteville Board of Trustees
commissioned an intensive review of the library operating expenses that concluded additional
revenue is needed to meet current and future operational expense for the current library. The
requested ballot initiatives address the funding needed to provide the additional library space
identified in the Master Plan as well as the operational needs for both the current and
expanded library. The required citizen petitions asking for an election date are expected to
be submitted to the City Clerk's office by May 10, 2016.
Finally, the Board of Trustees recognizes that the cost of this Special Election will be the
financial responsibility of the library.
Recommendation
By action of the Fayetteville Public Library Board of Trustees we request the necessary
ordinance (s) be placed on the city of Fayetteville City Council agenda session scheduled for
May 10, 2016.
FAYETTEVILLE PUBLIC LIBRARY
RESOLUTION
RESOLVED, that this Board of Trustees by recorded vote on April 18, 2016 does hereby
authorize initiating the process of gathering signatures on 2 petitions, one to request a
miliage election in August 2016 for the purpose of approving funding for Fayetteville Public
Library and a second to approve the sale of bonds to finance construction of an expansion.
� �' A70 -e g az
Brenda Boudreaux, President
Fayetteville Public Library Boar of Trustees
JaninpjParry, Secretary
Fayetteville Public Vf6rary Board of Trustees
Date
Date
KUTAK ROCK LLP
DRAFT 04/28/16
ORDINANCE NO.
AN ORDINANCE CALLING AND SETTING A DATE FOR A SPECIAL
ELECTION ON THE QUESTIONS OF (1) THE RAISING BY ONE AND
ONE-HALF (1.5) MILLS THE CURRENT ONE (1.0) MILL CITY TAX ON
REAL AND PERSONAL PROPERTY SUPPORTING THE MAINTENANCE
AND OPERATION OF FAYETTEVILLE PUBLIC LIBRARY, AND (2) THE
IMPOSITION OF A ONE AND TWO-TENTHS (1.2) MILL CITY TAX ON
REAL AND PERSONAL PROPERTY TO BE PLEDGED TO AN ISSUE OR
ISSUES OF BONDS NOT TO EXCEED $26,500,000 IN PRINCIPAL
AMOUNT TO FINANCE CAPITAL IMPROVEMENTS TO FAYETTEVILLE
PUBLIC LIBRARY; PRESCRIBING OTHER MATTERS PERTAINING
THERETO; AND DECLARING AN EMERGENCY.
WHEREAS, under the authority of Amendment 30 to the Constitution of the State of
Arkansas, there have been submitted to the Mayor (i) a petition asking that the question of an
increase by 1.5 mills of the current 1.0 mill City tax on real and personal property supporting
maintenance and operation of Fayetteville Public Library be submitted to the electors of the City,
and (ii) a petition asking that the question of the imposition of a 1.2 mill City tax on real and
personal property to secure up to $26,500,000 in principal amount of bonds to finance capital
improvements to Fayetteville Public Library be submitted to the electors of the City; and
WHEREAS, the City Clerk has ascertained that the signatures of at least one hundred
(100) taxpaying electors of the City are present on each petition; and
WHEREAS, the purpose of this Ordinance is to call a special election on the questions
described above in accordance with the provisions of Amendment 30 and Arkansas Code
Annotated Sections 7-11-201 et seq.;
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
Tuesday, August 9, 2016, at which election there shall be submitted to the qualified electors of
the City the questions of (i) the increase by 1.5 mills of the current 1.0 mill City tax on real and
personal property supporting maintenance and operation of Fayetteville Public Library, and (ii)
the imposition of a 1.2 mill City tax on real and personal property to secure up to $26,500,000 in
principal amount of bonds to finance capital improvements to Fayetteville Public Library.
Section 2. That the questions shall be placed on the ballot for the special election in
substantially the following forms:
Question One:
Pursuant to Amendment 30 to the Constitution of the State of Arkansas, there is
submitted to the qualified electors of the City of Fayetteville, Arkansas, the
question of the increase by 1.5 mills of the current 1.0 mill City tax on real and
4825-6013-5217.1
personal property supporting maintenance and operation of Fayetteville Public
Library.
Vote on the question by placing an "X" in one of the squares following the
question, either for or against:
FOR raising by one and one-half (1.5) mills the current one (1.0) mill city tax on
real and personal property to be used for maintenance and operation of
Fayetteville Public Library, a public city library ..................................... • ❑
AGAINST raising by one and one-half (1.5) mills the current one (1.0) mill city
tax on real and personal property to be used for maintenance and operation of
Fayetteville Public Library, a public city library .....................................❑
Question Two:
Pursuant to Amendment 30 to the Constitution of the State of Arkansas, there is
submitted to the qualified electors of the City of Fayetteville, Arkansas, the
question of the imposition of a 1.2 mill City tax on real and personal property to
secure up to $26,500,000 in principal amount of bonds to finance capital
improvements to Fayetteville Public Library. Unless the increase by 1.5 mills of
the City tax on real and personal property to be used for maintenance and
operation of Fayetteville Public Library (Question 1 above) is also approved by
the electors of the City, the 1.2 mill City tax on real and personal property to be
pledged to capital improvement bonds will not be imposed and the bonds will not
be issued by the City.
Vote on the question by placing an "X" in one of the squares following the
question, either for or against:
FOR a one and two-tenths (1.2) mill city tax on real and personal property within
the city to be pledged to an issue or issues of bonds not to exceed $26,500,000 in
principal amount, to finance capital improvements to Fayetteville Public Library,
a public city library, and to authorize the issuance of the bonds on such terms and
conditions as shall be approved by the city ............................................. ❑
AGAINST a one and two-tenths (1.2) mill city tax on real and personal property
within the city to be pledged to an issue or issues of bonds not to exceed
$26,500,000 in principal amount, to finance capital improvements to Fayetteville
Public Library, a public city library, and to authorize the issuance of the bonds on
such terms and conditions as shall be approved by the city ........................ El
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 Arkansas municipal
elections unless otherwise provided in Amendment 30, and only qualified voters of the City shall
have the right to vote at the election.
4825-6013-5217.1
Section 4. That a copy of this Ordinance shall be given to the Washington County
Clerk and the Washington County Board of Election Commissioners not later than June 7, 2016,
so that the necessary election officials and supplies may be provided.
Section 5. That the results of the special election shall be proclaimed by the Mayor,
and his proclamation shall be published one time in a newspaper of general circulation within the
City. The proclamation shall advise that the results as proclaimed shall be conclusive unless
attacked in the Circuit Court of Washington County within thirty (30) days after the date of
publication of the proclamation.
Section 6. That the Mayor and the City Clerk, for and on behalf of the City, be, and
they hereby are authorized and directed to do any and all things necessary to call and hold the
special election as herein provided.
Section 7. That all ordinances and parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Section S. That it is hereby ascertained and declared that there is a critical need to
obtain additional sources of revenue to maintain and operate Fayetteville Public Library and to
finance needed capital improvements thereto, all in order to promote and protect the health,
safety and welfare of the inhabitants of the City. It is, therefore, declared that an emergency
exists and this Ordinance being necessary for the immediate preservation of public peace, health
and safety shall be in force and effect immediately from and after its passage.
PASSED AND APPROVED this day of , 2016.
APPROVED:
In
ATTEST:
By:
City Clerk
(SEAL)
4825-6013-5217.1
Mayor
CERTIFICATE
The undersigned, City Clerk of the City of Fayetteville, Arkansas, hereby certifies that
the foregoing is a true and perfect copy of an Ordinance adopted at a regular meeting of the City
Council of the City of Fayetteville, Arkansas, held at p.m. on , 2016.
DATED: , 2016
City Clerk
4
4825-6013-5217.1
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
Ci -i Y ATTORNEY
TO: Mayor Jordan
City Council
CC: Sondra Smith, City Clerk
Don Marr, Chief of Staff
Paul Becker, Finance Director
David Johnson, Fayetteville Public Library Director
FROM: Kit Williams, City Attorney
DATE: May 11, 2016
RE: Ordinance Calling Special Election For Library Millage Vote
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Patti Mulford
Paralegal
A petition filed pursuant to Amendment 30 § 3 and § 5 of the Arkansas
Constitution has been certified by City Clerk Sondra Smith to contain the proper
signatures of over 100 "taxpaying electors" of Fayetteville, Arkansas. City Clerk
Sondra Smith has certified that the petitions requesting a vote to raise and
increase millage for operation and maintenance of the city library (§ 3) and to
establish a millage levy for capital improvements for the city library and the
issuance of bonds to be paid by such millage (§ 5) are in conformance with all
legal requirements (copy attached).
Upon this certification, "the question shall be submitted to the qualified
electors at a general or special election;" (§ 3) and "the question as to whether
such tax shall be levied shall be submitted to the qualified electors of such city at
a general or special election." (§ 5) (emphasis added). The use of "shat" means
that the City Council has NO discretion and must pass the ordinance calling for
such election.
Although Constitutional Amendment 30 controls over any state law, state
law provides further support for calling a Special Election for August for the
Library millage. A.C.A. § 7-9-111 (h) states that if the petition calls for a special
election, then the City should comply with such requests. This statute goes on to
state that the "date of any special election shall be set ... in no event more than
one hundred twenty (120) calendar days after the certification of sufficiency by
the municipal clerk."
City Clerk Sondra Smith certified the sufficiency of the Library millage
petition on May 6, 2016. Thus, the August special election date complies with
Amendment 30, A.C.A. § 7-9-111 and other statutory rules which give the
County Clerk and Election Commission enough time to prepare all necessary
ballots, including those for early voting.
CONCLUSION
Whether or not to call an election on the question of raising the millage
supporting operation and maintenance of the City library and of levying millage
for capital use of the city library is not discretionary for the City Council. Upon
the City Clerk's certification of the petitions, the question "shall be submitted to
the qualified electors." Amendment 30.
0"--I;I(sE 01 THE C[TY (,1A"RK RF,ASURER
SflIli. S r lnclr,; _�i. i C.iiy
May 6, 2016
Honorable Lioneld Jordan; Mayor
City Hall
113 W. Mountain
Fayetteville, AR 72701
1 3 t!. Mountain Street, Su te. 306
Fa verteville, AR -,701
RE: Petitions for City Library Millage
Dear Mayor Jordan,
ci.�ci rk��-.a�-elterill� al gov
Pursuant to Amendment 30 of the Arkansas Constitution the Fayetteville Public Library on May
2, 2016 submitted petitions with 242 signatures requesting a millage increase of 1.5 mills for
Maintenance and Operation and submitted petitions with 236 signatures requesting a millage,
increase of 1.2 mills for Capital Improvements.
The City Clerk office has completed the task of verifying registered voters and taxpayers on the
petitions that were submitted requesting a millage increase of 1.5 mills for Maintenance and
Operation. At this time we have verified 137 registered voters and taxpayer signatures on the
petitions requesting a millage increase of 1.5 mills for Maintenance and Operation.
The City Clerk office has also completed the task of verifying registered voters and taxpayers on
the petitions that were submitted requesting a millage increase of 1.2 mills for Capital
Improvements. At this time we have verified 148 registered voters and taxpayer signatures on
the petitions requesting a millage increase of 1.2 mills for Capital Improvements.
The number of signatures required to send this to a vote of the people is 100. Therefore, as
Fayetteville City Clerk Treasurer, I certify that the petitions comply with the requirements as set
forth in Amendment 30.
Sincerely,
J.',1. '.
Sondra E. Smith
City Clerk Treasurer
cc: Kit Williams, City Attorney
Becky Lewallen, County Clerk
Jennifer Price, Election Coordinator
NORTHWEST ARKANSAS
Democrat VoAxette
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest
Arkansas Democrat- Gazette, printed and published in Washington and Benton
County, Arkansas, and of bona fide circulation, that from my own personal
knowledge and reference to the files of said publication, the advertisement of:
i
CITY OF FAYETTEVILLE
Ord. 5876
Was inserted in the Regular Editions on:
May 26, 2016
Publication Cost: $426.40
Karen aler
Subscribed and sworn to before me
This ]31 day ofg0K2016.
(6��
Notary Public
My Commission Expires: 7-[Z-47'0Z�-
CATHY WILES
Arkansas Benton County
Notary Public COn'M�t 12397118
My Commission Expires Feb 20, 2024
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
RECEIVED
JUN 01 2016
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Ordinance: 5876
File Number: 2016-0235
SPECIAL ELECTION FOR
FAYETTEVILLE PUBLIC
LIBRARY:
AN ORDINANCE CALLING
AND SETTING A DATE FOR
A SPECIAL ELECTION ON
THE QUESTIONS OF (1) THE
RAISING BY ONE AND ONE-
HALF (1.5) MILLS THE
CURRENT ONE (1.0) MILL
CITY TAX ON REAL AND
PERSONAL PROPERTY
SUPPORTING THE
MAINTENANCE AND
OPERATION OF
FAYETTEVILLE PUBLIC
LIBRARY, AND (2) THE
IMPOSITION OF A ONE AND
TWO-TENTHS (1.2) MILL
CITY TAX ON REAL AND
PERSONAL PROPERTY TO
BE PLEDGED TO AN ISSUE
OR ISSUES OF BONDS NOT
TO EXCEED $26,500,000 IN
PRINCIPAL AMOUNT TO
FINANCE CAPITAL
IMPROVEMENTS TO
FAYETTEVILLE PUBLIC
LIBRARY; PRESCRIBING
OTHER MATTERS
PERTAINING THERETO;
AND DECLARING AN
EMERGENCY
WHEREAS, under the authority
of Amendment 30 to the
Constitution of the State of
Arkansas, there have been
submitted to the Mayor (i) a
petition asking that the question
of an increase by 1.5 mills of the
current 1.0 mill City tax on real
and personal property supporting
maintenance and operation of
Fayetteville Public Library be
submitted to the electors of the
City, and (ii) a petition asking
that the question of the
imposition of a 1.2 mill City tax
on real and personal property to
secure up to $26,500,000 in
principal amount of bonds to
finance capital improvements to
Fayetteville Public Library be
submitted to the electors of the
City; and
WHEREAS, the City Clerk has
ascertained that the signatures of
at least one hundred (100)
taxpaying electors of the City
are present on each petition; and
WHEREAS, the purpose of this
Ordinance is to call a special
election on the questions
described above in accordance
with the provisions of Amendment
30 and Arkansas Code Annotated
Sections 7-11-201
et seq.;
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 Tuesday, August 9,
2016, at which election there shall
be submitted to the qualified
electors of the City the questions of
(i) the increase by 1.5 mills of the
current 1.0 mill City tax on real and
personal
property supporting maintenance
and operation of Fayetteville Public
Library, and (ii) the imposition of a
1.2 mill City tax on real and
personal property to secure up to
$26,500,000 in principal amount of
bonds to finance capital
improvements to Fayetteville
Public Library including, but not
limited to, construction of new
buildings, parking decks, additions,
annexes and other expansion and
renovation projects.
Section 2. That the questions shall
be placed on the ballot for the
special election in substantially the
following forms:
Question One:
Pursuant to Amendment 30 to the
Constitution of the State of
Arkansas, there is submitted to the
qualified electors of the City of
Fayetteville, Arkansas, the question
of the increase by 1.5 mills of the
current 1.0 mill City tax on real and
personal property supporting
maintenance and operation of
Fayetteville Public Library.
Vote on the question by placing an
"X" in one of the squares following
the question, either for or against:
FOR raising by one and one-half
(1.5) mills the current one (1.0)
mill city tax on real and personal
property to be used for
maintenance and operation of
Fayetteville Public Library, a
public city library
AGAINST raising by one and one-
half (1.5) mills the current one (1.0)
mill city tax on real and personal
property to be used for
maintenance and operation of
Fayetteville Public Library, a
public city library.
Question Two:
Pursuant to Amendment 30 to the
Constitution of the State of
Arkansas, there is submitted to the
qualified electors of the City of
Fayetteville, Arkansas, the question
of the imposition of a 1.2 mill City
tax on real and personal property to
secure up to $26,500,000 in principal
amount of bonds to finance capital
improvements to Fayetteville Public
Library. Unless the increase by 1.5
mills ofthe City tax on real and
personal property to be used for
maintenance and operation of
Fayetteville Public Library (Question
I above) is also approved by the
electors of the City, the 1.2 mill City
tax on real and personal property to
be pledged to capital improvement
bonds will not be imposed and the
bonds will not be issued by the City.
Vote on the question by placing an
"X" in one of the squares following
the question, either for or against:
FOR a one and two-tenths (1.2) mill
city tax on real and personal property
within the city to be pledged to an
issue or issues of bonds not to
exceed $26,500,000 in aggregate
principal amount, to finance capital
improvements to Fayetteville Public
Library, a public city library, and to
authorize the issuance of the bonds
on such terms and conditions as shall
be approved by the city.
AGAINST a one and two-tenths
(1.2) mill city tax on real and
personal property within the city to
be pledged to an issue or issues of
bonds not to exceed $26,500,000 in
aggregate principal amount, to
finance capital improvements to
Fayetteville Public Library, a public
city library, and to authorize the
issuance of the bonds on such terns
and conditions as shall be approved
by the city.
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 Arkansas municipal
elections unless otherwise provided
in Amendment 30, and only
qualified voters of the City shall
have the right to vote at the election.
Section 4. That a copy of this
Ordinance shall be given to the
Washington County Clerk and the
Washington County Board of
Election Commissioners not later
than June 7, 2016, so that the
necessary election officials and
supplies may be provided.
Section 5. That the results of the
special election shall be proclaimed
by the Mayor, and his proclamation
shall be published one time in a
newspaper of general circulation
within the City. The proclamation
shall advise that the results as
proclaimed shall be conclusive
unless attacked in the Circuit Court
of Washington County within thirty
(30) days after the date of
publication of the proclamation.
Section 6. That the Mayor and the
City Clerk, for and on behalf of the
City, be, and they hereby are
authorized and directed to do any
and all things necessary to call and
hold the special election as herein
provided.
Section 7. That all ordinances and
parts thereof in conflict herewith are
hereby repealed to the extent of such
conflict.
Section 8. Emergency Clause. This
millage election was long delayed by
litigation against Washington
Regional Medical Center and the
City of Fayetteville contesting clear
title of the property to be sold to the
Fayetteville Public Library for
possible use if Question 2 is approved
by the voters. The Arkansas Court of
Appeals unanimously affirmed
Washington Regional's quiet title
action on April 27, 2016, allowing
this special election to proceed. In
order to hold the special election on
the preferred date of August 9, 2016,
this ordinance needs to go into effect
without delay. It is hereby ascertained
and declared that there is a critical
need to obtain additional sources of
revenue to maintain and operate
Fayetteville Public Library and to
finance needed capital improvements
thereto, all in order to promote and
protect the health, safety and welfare
of the inhabitants of the City. It is,
therefore, declared that an emergency
exists and this Ordinance being
necessary for the immediate
preservation of public peace, health
and safety shall be in force and effect
immediately from and after its
passage.
PASSED and APPROVED on
5/17/2016
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk
Treasurer
73708711 May 26, 2016
RECEIVED
JUN 01 2016
CITY CLERK'S TEVILLE
OFFICE
OFFICE OF THE CITY CLERK TREASURER
Sondra E. Smith — City Clerk Treasurer
Lisa Branson — Deputy City Clerk
May 20, 2016
Becky Lewallen
Washington County Clerk
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
Washington County Courthouse
280 North College Avenue, Suite 300
Fayetteville, Arkansas 72701
RE: City of Fayetteville
Setting the date for a special election for Fayetteville Public Library:
Ordinance 5876
Dear Ms. Lewallen,
Phone 479.575.8323
cityclerk@fayetteville ar.gov
C':a
:._
r .s
Attached is a copy of Ordinance No. 5876 that was passed and approved by the Fayetteville City
Council on May 17, 2016 and titled:
AN ORDINANCE CALLING AND SETTING A DATE FOR A SPECIAL ELECTION ON THE
QUESTIONS OF (1) THE RAISING BY ONE AND ONE-HALF (1.5) MILLS THE CURRENT
ONE (1.0) MILL CITY TAX ON REAL AND PERSONAL PROPERTY SUPPORTING THE
MAINTENANCE AND OPERATION OF FAYETTEVILLE PUBLIC LIBRARY, AND (2)
THE IMPOSITION OF A ONE AND TWO-TENTHS (1.2) MILL CITY TAX ON REAL AND
PERSONAL PROPERTY TO BE PLEDGED TO AN ISSUE OR ISSUES OF BONDS NOT TO
EXCEED $26,500,000 IN PRINCIPAL AMOUNT TO FINANCE CAPITAL IMPROVEMENTS
TO FAYETTEVILLE PUBLIC LIBRARY; PRESCRIBING OTHER MATTERS PERTAINING
THERETO; AND DECLARING AN EMERGENCY
CERTIFICATE
The undersigned, City Clerk Treasurer of the City of Fayetteville, Arkansas, hereby
certifies that the foregoing is a true and perfect copy of Ordinance 5 876 adopted at a regular
meeting of the City Council of the City of Fayetteville, Arkansas, held at 5:30 p.m. on May
17, 2016.
DATED: May 20, 2016 Z...A
Sondra E. Smith, City Clerk Treasurer
OFFICE OF THE CITY CLERK TREASURER
Sondra E. Smith — City Clerk Treasurer
Lisa Branson — Deputy City Clerk
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
Thank you in advance for your attention to this matter.
Sincerely,
Sondra E. Smith
City Clerk Treasurer
City of Fayetteville, Arkansas
cc: Lioneld Jordan, Mayor
Paul Becker, Finance Director
Kit Williams, City Attorney
Jennifer Price, Washington County Election Coordinator
Phone 479.575.8323
cityclerk@fayetteville ar.gov
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5876
File Number: 2016-0235
SPECIAL ELECTION FOR FAYETTEVILLE PUBLIC LIBRARY:
AN ORDINANCE CALLING AND SETTING A DATE FOR A SPECIAL ELECTION ON THE
QUESTIONS OF (1) THE RAISING BY ONE AND ONE-HALF (1.5) MILLS THE CURRENT ONE (1.0)
MILL CITY TAX ON REAL AND PERSONAL PROPERTY SUPPORTING THE MAINTENANCE
AND OPERATION OF FAYETTEVILLE PUBLIC LIBRARY, AND (2) THE IMPOSITION OF A ONE
AND TWO-TENTHS (1.2) MILL CITY TAX ON REAL AND PERSONAL PROPERTY TO BE
PLEDGED TO AN ISSUE OR ISSUES OF BONDS NOT TO EXCEED $26,500,000 IN PRINCIPAL
AMOUNT TO FINANCE CAPITAL IMPROVEMENTS TO FAYETTEVILLE PUBLIC LIBRARY;
PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY
WHEREAS, under the authority of Amendment 30 to the Constitution of the State of Arkansas, there
have been submitted to the Mayor (i) a petition asking that the question of an increase by 1.5 mills of the
current 1.0 mill City tax on real and personal property supporting maintenance and operation of
Fayetteville Public Library be submitted to the electors of the City, and (ii) a petition asking that the
question of the imposition of a 1.2 mill City tax on real and personal property to secure up to
$26,500,000 in principal amount of bonds to finance capital improvements to Fayetteville Public Library
be submitted to the electors of the City; and
WHEREAS, the City Clerk has ascertained that the signatures of at least one hundred (100)
taxpaying electors of the City are present on each petition; and
WHEREAS, the purpose of this Ordinance is to call a special election on the questions described above in
accordance with the provisions of Amendment 30 and Arkansas Code Annotated Sections? -11-201 et seq.;
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 Tuesday, August 9,
2016, at which election there shall be submitted to the qualified electors of the City the questions of (i)
the increase by 1.5 mills of the current 1.0 mill City tax on real and personal
Page 1 Printed on 5118116
File Number 2016-0235
Ordinance- Ad
property supporting maintenance and operation of Fayetteville Public Library, and (ii) the imposition of a
1.2 mill City tax on real and personal property to secure up to $26,500,000 in principal amount of bonds
to finance capital improvements to Fayetteville Public Library including, but not limited to, construction of
new buildings, parking decks, additions, annexes and other expansion and renovation projects.
Section 2. That the questions shall be placed on the ballot for the special election in substantially the
following forms:
Question One:
Pursuant to Amendment 30 to the Constitution of the State of Arkansas, there is submitted to the qualified
electors of the City of Fayetteville, Arkansas, the question of the increase by 1.5 mills of the current 1.0
mill City tax on real and personal property supporting maintenance and operation of Fayetteville Public
Library.
Vote on the question by placing an "X" in one of the squares following the question, either for or against:
FOR raising by one and one-half (1.5) mills the current one (1.0) mill city tax on real and personal property
to be used for maintenance and operation of Fayetteville Public Library, a public city library
AGAINST raising by one and one-half (1.5) mills the current one (1.0) mill city tax on real and personal
property to be used for maintenance and operation of Fayetteville Public Library, a public city library.
Question Two:
Pursuant to Amendment 30 to the Constitution of the State of Arkansas, there is submitted to the
qualified electors of the City of Fayetteville, Arkansas, the question of the imposition of a 1.2 mill City tax
on real and personal property to secure up to $26,500,000 in principal amount of bonds to finance capital
improvements to Fayetteville Public Library. Unless the increase by 1.5 mills of the City tax on real and
personal property to be used for maintenance and operation of Fayetteville Public Library (Question 1
above) is also approved by the electors of the City, the 1.2 mill City tax on real and personal property to
be pledged to capital improvement bonds will not be imposed and the bonds will not be issued by the
City.
Vote on the question by placing an "X" in one of the squares following the question, either for or against:
FOR a one and two-tenths (1.2) mill city tax on real and personal property within the city to be pledged to
an issue or issues of bonds not to exceed $26,500,000 in aggregate principal amount, to finance capital
improvements to Fayetteville Public Library, a public city library, and to authorize the issuance of the
bonds on such terms and conditions as shall be approved by the city.
AGAINST a one and two-tenths (1.2) mill city tax on real and personal property within the city to be
pledged to an issue or issues of bonds not to exceed $26,500,000 in aggregate principal amount, to
finance capital improvements to Fayetteville Public Library, a public city library, and to authorize the
Page 2 Printed on 5118116
File Number: 2016-0235
Ordinance- 5876
issuance of the bonds on such terms and conditions as shall be approved by the city.
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 Arkansas municipal elections unless otherwise provided in
Amendment 30, and only qualified voters of the City shall have the right to vote at the election.
Section 4. That a copy of this Ordinance shall be given to the Washington County Clerk and the Washington
County Board of Election Commissioners not Iater than June 7, 2016, so that the necessary election
officials and supplies may be provided.
Section 5. That the results of the special election shall be proclaimed by the Mayor, and his
proclamation shall be published one time in a newspaper of general circulation within the City. The
proclamation shall advise that the results as proclaimed shall be conclusive unless attacked in the Circuit
Court of Washington County within thirty (30) days after the date of publication of the proclamation.
Section 6. That the Mayor and the City Clerk, for and on behalf of the City, be, and they hereby are
authorized and directed to do any and all things necessary to call and hold the special election as herein
provided.
Section 7. That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of
such conflict.
Section 8. Emergency Clause. This millage election was long delayed by litigation against Washington
Regional Medical Center and the City of Fayetteville contesting clear title of the property to be sold to the
Fayetteville Public Library for possible use if Question 2 is approved by the voters. The Arkansas Court of
Appeals unanimously affirmed Washington Regional's quiet title action on April 27, 2016, allowing this
special election to proceed. In order to hold the special election on the preferred date of August 9, 2016,
this ordinance needs to go into effect without delay. It is hereby ascertained and declared that there is a
critical need to obtain additional sources of revenue to maintain and operate Fayetteville Public Library
and to finance needed capital improvements thereto, all in order to promote and protect the health,
safety and welfare of the inhabitants of the City. It is, therefore, declared that an emergency exists and this
Ordinance being necessary for the immediate preservation of public peace, health and safety shall be in
force and effect immediately from and after its passage. �AAAM11111,
PASSED and APPROVED on 5/17/2016
♦ .•' - 0-.q;iii
Gni Y
;F`AYE.TTEV!LtE; �
Attest: 'i'+•' KA N` �P • 'S�.`♦♦
4111111il 0%
Sondra E. Smith, City Clerk Treasurer
Page 3 Printed on 5198116
May 6, 2016
Honorable Lioneld Jordan, Mayor
City Hall
113 W. Mountain
Fayetteville, AR 72701
THE (,(TY CLERK TREASURER
113 t\'. Niowitain Street, Suite .308
Rivetteville, AR 72701
RE: Petitions for City Library Millage
Dear Mayor Jordan,
cincierki"'arettr:ili, ar"(y'
Pursuant to Amendment 30 of the Arkansas Constitution the Fayetteville Public Library on May
2, 2016 submitted petitions with 242 signatures requesting a millage increase of 1.5 mills for
Maintenance and Operation and submitted petitions with 236 signatures requesting a millage,
increase of 1.2 mills for Capital Improvements.
The City Clerk office has completed the task of verifying registered voters and taxpayers on the
petitions that were submitted requesting a millage increase of 1.5 mills for Maintenance and
Operation. At this time we have verified 137 registered voters and taxpayer signatures on the
petitions requesting a millage increase of 1.5 mills for Maintenance and Operation.
The City Clerk office has also completed the task of verifying registered voters and taxpayers on
the petitions that were submitted requesting a millage increase of 1.2 mills for Capital
Improvements. At this time we have verified 148 registered voters and taxpayer signatures on
the petitions requesting a millage increase of 1.2 mills for Capital Improvements.
The number of signatures required to send this to a vote of the people is 100. Therefore, as
Fayetteville City Clerk Treasurer, I certify that the petitions comply with the requirements as set
forth in Amendment 30.
Sincerely, CC
4nW.. G .
Sondra E. Smith
City Clerk Treasurer
cc: Kit Williams, City Attorney
Becky Lewallen, County Clerk
Jennifer Price, Election Coordinator
PUBLIC NOTICE
CITY OF FAYETTEVILLE, ARKANSAS
PROCLAMATION
DECLARING THE RESULTS OF ELECTION
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 August 9, 2016 regarding the vote to:
Question One. Increase by 1.5 mills of the current 1.0 mill City tax on real and personal
property supporting maintenance and operation of Fayetteville Public Library.
Question Two. Impose a 1.2 mill City tax on real and personal property to secure up to
$26,500,000 in principal amount of bonds to finance capital improvements to
Fayetteville Public Library. Unless the increase by 1.5 mills of the City tax on real and
personal property to be used for maintenance and operation of Fayetteville Public
Library (Question 1 above) is also approved by the electors of the City, the 1.2 mill City
tax on real and personal property to be pledged to capital improvement bonds will not
be imposed and the bonds will not be issued by the City.
NOW, THEREFORE, I, Lioneld Jordan, Mayor of the City of Fayetteville,
Arkansas by virtue of the authority vested in me by law, do hereby proclaim the
following to be the, results:of the August 9, 2016 Special Election:
Question One.
3,617 FOR raising by one and' one-half (1.5) mills the current one (1.0) mill city tax
on real and personal propexty to+e used for maintenance and operation of Fayetteville
Public Library, a public city, library.
2,550 AGAINST raising by one and one-half (1.5) mills the current one (1.0) mill
city tax on real and personal property to be used for maintenance and operation of
Fayetteville Public Library, a public city library.
Question Two.
3,439 FOR a one and two-tenths (1.2) mill city tax on real and personal property
within the city to be pledged to an issue or issues of bonds not to exceed $26,500,000 in
aggregate principal amount, to finance capital improvements to Fayetteville Public
Library, a public city library, and to authorize the issuance of the bonds on such terms
and conditions as shall be approved by the city.
2,726 AGAINST a one and two-tenths (1.2) mill city tax on real and personal
property within the city to be pledged to an issue or issues of bonds not to exceed
$26,500,000 in aggregate principal amount, to finance capital improvements to
Fayetteville Public Library, a public city library, and to authorize the issuance of the
bonds on such terms and conditions as shall be approved by the city.
These results as proclaimed by the Mayor shall be conclusive unless attacked in
the Circuit Court of Washington County within thirty days.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
my office to be affixed this _25 / 4day of August, 2016.
Signed:
Attest:
C
By:.
D ORDAN, Mayor SONDRA E. SMITH,
City Clerk/Treasurer
`0p1nntr►.#1i
K
.rn
FAYETTEVILLE :�_
%s . QlfANSP
ii O i 1i ��``.
WASHINGTON COUNTY ELECTION COMMISSION
CERTIFICATE OF ELECTION
CITY OF FAYETTEVILLE SPECIAL ELECTION 1
AUGUST 9, 2016
2016 AUG 19 PF1: I I
STATE OF ARKANSAS ) t3 .r•
COUNTY OF WASHINGTON ) +, r <<- t.- r"rd
We, the undersigned members of the Board of Election Commissioners of Washington 1
County, Arkansas, do hereby certify the following Washington County results in the August 9,
2016 special election on the question of:
Question One:
Pursuant to Amendment 30 to the Constitution of the State of Arkansas, there is
submitted to the qualified electors of the City of Fayetteville, Arkansas, the
question of the increase by 1.5 mills of the current 1.0 mill City tax on real and
personal property supporting maintenance and operation of Fayetteville Public
Library.
FOR raising by one and one-half (1.5) mills the current one (1.0) mill city tax on
real and personal property to be used for maintenance and operation of
Fayetteville Public Library, a public city library ......................................
AGAINST raising by one and one-half (1.5) mills the current one (1.0) mill city
tax on real and personal property to be used for maintenance and operation of
Fayetteville Public Library, a public city library .....................................
Question One
(Vote for ) 1
FOR 3,617 58.65
AGAINST 2,550 41.35
Ouestion Two:
Pursuant to Amendment 30 to the Constitution of the State of Arkansas, there is
submitted to the qualified electors of the City of Fayetteville, Arkansas, the
question of the imposition of a 1.2 mill City tax on real and personal property to
secure up to $26,500,000 in principal amount of bonds to finance capital
improvements to Fayetteville Public Library. Unless the increase by 1.5 mills of
the City tax on real and personal property to be used for maintenance and
operation of Fayetteville Public Library (Question I above) is also approved by
the electors of the City, the 1.2 mill City tax on real and personal property to be
pledged to capital improvement bonds will not be imposed and the bonds will not
be issued by the City.
FOR a one and two-tenths (1.2) mill city tax on real and personal property within
the city to be pledged to an issue or issues of bonds not to exceed $26,500,000 in
aggregate principal amount, to finance capital improvements to Fayetteville
Public Library, a public city library, and to authorize the issuance of the bonds on
such terms and conditions as shall be approved by the city .........................
AGAINST a one and two-tenths (1.2) mill city tax on real and personal property
within the city to be pledged to an issue or issues of bonds not to exceed
$26,500,000 in aggregate principal amount, to finance capital improvements to
Fayetteville Public Library, a public city library, and to authorize the issuance of
the bonds on such terms and conditions as shall be approved by the city ....1...
Question Two
(Vote for ) 1
FOR . 3,439 55.78
AGAINST . 2,726 44.22
Returns of the votes for the City of Fayetteville Special Election in Washington County,
Arkansas have been delivered by us to the Washington County Clerk.
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 due returns of the votes cast, and that we have canvassed
the votes as required by law.
IN TESTIMONY WHEREOF, we have hereunto set our hands this the 19th day of August,
2016.
Washington County Election Commission
Bill Ackerman, Chairma
Renee Oelschlaeger, Co issioner
Max Deitchler, Commissioner
RECEIVED
NoRTHW1F,STAP,KANsAs SEP O' � 2016
CITYOF FAYETTEVILLE
Democmt
� I'' A'Zieftic CITY CLERK'S OFFICE
kv
. . 4/ ^ :479-695-1118 a �JV,, ?tl
fJ�: tAYE_i�f t' m u
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette,
printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation,
that from my own personal knowledge and reference to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Public Notice — Library Special Election
Was inserted in the Regular Edition on:
August 29, 2016
Publication Charges: $ 245.70
Cathy Wiles
Subscribed and sworn to before me
This 2 day of 2016.
ary Public
My Commission Expires: CQ
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NOTARY
PUBLIC
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*NOTE**
?�Iease do not pay from Affidavit.
invoice will be sent.
EXHIBIT D
COSTS OF ISSUANCE
Bond Counsel Fee and Expenses (estimated through closing and
transcript preparation)
Kutak Rock LLP
124 West Capitol Avenue, Suite 2000
Little Rock, AR 72201
Rating Fee
Standard & Poor's Corporation
2542 Collection Center Drive
Chicago, IL 60693
Trustee Acceptance Fee
Simmons First Trust Company, N.A.
501 Main Street
_- &Ve Bluff, AR
Reimbursement for Ordinance Publication Expenses
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Attn: Finance Director
Underwriting Expenses
Stephens Inc.
3425 North Futrall Drive, Suite 201
Fayetteville, Alt 72703
Total:
D-1
4827-8895-6235.1
Q 5911
RECEIVED
JUL 2 4 2017
CITY OF FAYETTEVILLE
MAY OFFICE
$60,000.00
24,000.00
3,500.00
1,521.00
5.594.10
'Pay:
TRUSLDIVISION.,
M,
AS 66tt
p i n eil ff �:: ktSnsas 71601
1070017762
One ThousgW Five H&hdra,,Tw6h.ty-One DOLLARS AND NO CENTS ---'�-1
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AM
MR
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t
4N
CITY OF FAYETTEVILLE
A17N,',0NANCE DIRECTOR
114;3AttT MOUNTAIN
gp.--
FAYETTEVILLEIAR 72701
;r , I
tt
1y t
Date:
% 1 07/19/17
$1,521.00
9t
Security features
Included.
1
Included.
I Details on back.
SIMMONS BANK TRUST DIVISION
III L91t 3 S90 1:013 29004 3 21: Lo 330 637,15
Check Number: 194359
CITY OF FAYETTEVILLE ARKANSAS
LIBRARY IMPROVEMENT BONDS
Accou(nt: SERIES 2017 COST OF ISSUANCE Date:
1070017762 07/19/17
Remittance Amount
DISP 3 DISTRIBUTE TO THE ADMINISTRATOR Principal
OFF 14 GLENDA DEAN
$1,521.00
CASH DISBURSEMENT TO
