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Section 2. The WHEREAS clauses of Ordinance No. 2011-12-05 are hereby amended <br />to read as follows: <br />"WHEREAS, the City Council of the City of Batesville, Arkansas <br />(the "City") has determined that the City is in need of a source of revenue <br />to pay and secure the repayment of bonds approved by the voters and issued <br />by the City from time to time for the purpose of financing and refinancing <br />all or a portion of the costs of capital improvements ("Capital Improvement <br />Bonds"); and <br />WHEREAS, Title 26, Chapter 75, Subchapter 2 of the Arkansas <br />Code of 1987 Annotated (the "Authorizing Legislation") provides for the <br />levy of city-wide sales and use taxes at the rate of 0.125%, 0.25%, 0.5%, <br />0.75% or 1 %, or any combination thereof; and <br />WHEREAS, the purpose of this Ordinance is to levy a city-wide <br />sales and use tax at the rate of 0.5%, the net collections of which will be <br />used to pay and secure the repayment of Capital Improvement Bonds;" <br />Section 3. Section 1 of Ordinance No. 2011-12-05 is hereby amended to read as <br />follows: <br />"Section 1. Under the authority of the Authorizing Legislation, there <br />is hereby levied a one-half of one percent (0.5%) tax on the gross receipts <br />from the sale at retail within the City of all items which are subject to the <br />Arkansas Gross Receipts Act of 1941, as amended (A.C.A. §§26-52-101, et <br />seq.), and the imposition of an excise (or use) tax on the storage, use, <br />distribution or other consumption within the City of tangible personal <br />property subject to the Arkansas Compensating Tax Act of 1949, as <br />amended (A.C.A. §§26-53-101, et seq.), at a rate of one-half of one percent <br />(0.5%) of the sale price of the property or, in the case of leases or rentals, <br />of the lease or rental price (collectively, the "Sales and Use Tax"). The Sales <br />and Use Tax shall be levied and collected on the gross receipts, gross <br />proceeds or sales price in the maximum amount allowed from time to time <br />by Arkansas law, subject to rebates and limitations as from time to time <br />required by Arkansas statutes for certain single transactions." <br />Section 4. Section 2 of Ordinance No. 2011-12-05 is hereby amended to read as <br />follows: <br />"Section 2. The Sales and Use Tax shall be levied, and the net <br />collections received after deduction of the administrative charges of the <br />State of Arkansas and required rebates shall be used by the City to pay and <br />secure the repayment of Capital Improvement Bonds and all obligations of <br />the City with respect thereto; provided, however, that any amounts not <br />2 <br />