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AN ORDINANCE CALLING FOR A SPECIAL ELECTION IN THE CITY OF JONESBORO, ARKANSAS ON THE QUESTION OF LEVYING A ONE-HALF PERCENT (0.50%) SALES AND USE TAX WITHIN THE CITY OF JONESBORO, ARKANSAS; TO PROVIDE THAT ALL NET COLLECTIONS DERIVED FROM THE SALES AND USE TAX SHALL BE USED TO FUND THE ACQUISITIONS, IMPROVEMENTS OF A PUBLIC NATURE FOR THE CITY’S POLICE AND FIRE DEPARTMENTS, AND FOR THE OPERATION, MAINTENANCE AND STAFFING OF THE CITY’S POLICE AND FIRE DEPARTMENTS AND PRESCRIBING OTHER MATTERS PERTAINING THERETO
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WHEREAS, the City of Jonesboro, Arkansas (the “City”) is a city of the first class duly organized and existing under the laws of the State of Arkansas (the “State”); and
WHEREAS, the City Council of the City has passed on ___________, 2020 an ordinance (the “Tax Ordinance”) providing for the levy of a one-half percent (0.50%) sales and use tax within the City, which shall be dedicated to and used for acquiring, constructing, repairing, equipping, and improving capital improvements of a public nature, and to provide funds for the operation, maintenance, and staffing of the City’s Police and Fire Departments;
WHEREAS, the purpose of this Ordinance is to call a special election on the question of the levy of the Sales and Use Tax for the purposes described above.
THEREFORE, BE IT ORDAINED by the City Council for the City of Jonesboro, Arkansas that:
SECTION ONE: That there be and there is hereby called an election to be held in conjunction with the primary election to be held on March 3rd, 2020, at which election there shall be submitted to the electors of the City, the question of levying for collection within the City a one-half percent (0.50%) sales and use tax levied pursuant to Title 26, Chapter 75, Subchapter 3 of the Arkansas Code of 1987 Annotated (the “Authorizing Legislation”) to provide for the levy of a one-half percent (0.50%) sales and use tax within the City, which shall be dedicated to and used for the purpose of acquiring, constructing, repairing, equipping, and improving capital improvements of a public nature for the City’s Police and Fire Departments and to provide funds for the operation, maintenance and staffing of the City’s Police and Fire Departments.
SECTION TWO: The ballot shall be in substantially the following form:
FOR or AGAINST the levy of a one-half percent (0.50%) Sales and Use Tax, the net collections of which remaining after the State of Arkansas deducts its administrative charges and required rebates, shall be dedicated to and used by the City to acquire, construct, repair, equip, and improve capital improvements of a public nature for the City’s Police and Fire Departments, and to provide funds for the operation, maintenance, and staffing of the City’s Police and Fire Departments.
FOR the levy of Sales and Use Tax……………………………………………….
AGAINST the levy of Sales and Use Tax…………………………………………
SECTION THREE: The City Clerk is authorized and directed to give notice of the election by one publication in a newspaper having general circulation within the City. Publication shall be made not less than ten (10) days prior to the date of the election or as otherwise provided by the laws of the State of Arkansas.
SECTION FOUR: 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 City elections unless otherwise provided in the Authorizing Legislation, and only qualified voters of the City shall have the right to vote at the election.
SECTION FIVE: The results of the election shall be proclaimed by the Mayor (the “Proclamation”), and his Proclamation shall be published one time in a newspaper having a general circulation in the City, which Proclamation shall advise that the results as proclaimed shall be conclusive unless suit challenging the results is filed in the Circuit Court of Craighead County within thirty (30) days after the date of publication of the Proclamation.
SECTION SIX: A copy of this Ordinance shall be filed with the Craighead County Clerk at least sixty (60) days prior to the date of the election, and shall be given to the Craighead County Board of Election Commissioners so that the necessary election officials and supplies may be provided. A certified copy of the Ordinance shall also be provided to the Commissioner of Revenues of the State of Arkansas as soon as practical.
SECTION SEVEN: That the Mayor and the 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 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 laws of the State of Arkansas, and to perform all acts of whatever nature necessary to carry out the authority conferred by this Ordinance.
SECTION EIGHT: The provisions of this Ordinance are hereby declared to be separable and if any provisions shall for any reason be held illegal or invalid, such holding shall not affect the validity of the remainder of this Ordinance.
SECTION NINE: All Ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict.