File #: ORD-15:042    Version: 1 Name: Calling a special election to levy a seven-eighths of one percent sales and use tax
Type: Ordinance Status: Passed
File created: 8/6/2015 In control: Finance & Administration Council Committee
On agenda: Final action: 9/8/2015
Title: AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF JONESBORO, ARKANSAS ON THE QUESTION OF LEVYING A CITY-WIDE SEVEN-EIGHTHS OF ONE PERCENT (0.875%) SALES AND USE TAX; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO.
Sponsors: Finance
Indexes: Election - general/special, Taxes
Attachments: 1. Sales Tax Opposition Comments
Related files: ORD-15:041

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AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF JONESBORO, ARKANSAS ON THE QUESTION OF LEVYING A CITY-WIDE SEVEN-EIGHTHS OF ONE PERCENT (0.875%) SALES AND USE TAX; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO.

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WHEREAS, the City Council of the City of Jonesboro, Arkansas (the "City") has passed on September 8, 2015, ORD-15:041 (the "Tax Ordinance") providing for the levy of a 0.875% sales and use tax within the City (the "Sales and Use Tax"); and

 

WHEREAS, the purpose of this Ordinance is to call a special election on the question of the levy of the Sales and Use Tax;

 

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas:

 

Section 1. There is hereby called a special election to be held on November 10, 2015, at which election there shall be submitted to the electors of the City the question of the levy of the Sales and Use Tax.

 

Section 2. The question of levying the Sales and Use Tax shall be placed on the ballot for the election in substantially the following form:

 

0.875% SALES AND USE TAX

 

Adoption of a 0.875% local sales and use tax within the City of Jonesboro, the net collections of which remaining after deduction of the administrative charges of the State of Arkansas and required rebates shall be used for one or more of the following: (a) to pay the costs of new, and improvements to existing, streets, roads and bridges, including any curb, gutter and drainage improvements, equipment and land acquisition to accomplish such improvements, and street lighting, utility adjustments, sidewalks and traffic signals related thereto (collectively, "Street Improvements") and (b) to pay and secure the repayment of bonds approved by the voters and issued by the City from time to time to finance Street Improvements.  The levy of the sales and use tax will expire on March 31, 2026.

 

FOR

 

AGAINST

 

Section 3. 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 and only qualified voters of the City shall have the right to vote at the election.

 

Section 4. The results of the election shall be proclaimed by the Mayor, and such 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 attacked in the courts within thirty days after the date of publication.

 

Section 5. A copy of this Ordinance shall be filed with the Craighead County Clerk at least 60 days prior to the election date.  A copy of this Ordinance shall also 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 this Ordinance and the Tax Ordinance shall also be provided to the Commissioner of Revenues of the State of Arkansas as soon as practical.

 

Section 6. The Mayor and City Clerk, for and on behalf of the City, 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, and to perform all acts of whatever nature necessary to carry out the authority conferred by this Ordinance.

 

Section 7. The provisions of this Ordinance are hereby declared to be separable and if any provision shall for any reason be held illegal or invalid, such holding shall not affect the validity of the remainder of this Ordinance.

 

Section 8. All ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict.

 

PASSED AND APPROVED this 8th day of September, 2015.