HomeMy WebLinkAbout2011-12-03 FILED
IDE 2 8 011
TRACM
EY WYATT
ORDINANCE NO. 2011-12-03 COUNTY&P OB C ERK
_iD.C.
AN ORDINANCE PROVIDING FOR THE LEVY OF A
PERMANENT ONE-HALF OF ONE PERCENT (0.5%) SALES
AND USE TAX WITHIN THE CITY OF BATESVILLE,
ARKANSAS; AND PRESCRIBING OTHER MATTERS
PERTAINING THERETO.
WHEREAS, the City Council of the City of Batesville, Arkansas (the "City") has
determined that there is a need for a source of revenue for one or more of the following: (a) to
pay and secure the repayment of bonds approved by the voters and issued by the City from time
to time to finance capital improvements, (b) for park and recreational purposes, (c) for public
safety purposes, including particularly, without limitation, police and fire and (d) for street
purposes; and
WHEREAS, Title 26, Chapter 75, Subchapter 2 of the Arkansas Code of 1987
Annotated (the "Authorizing Legislation") provides for the levy of city-wide sales and use taxes
at the rate of 0.125%, 0.25%, 0.5%, 0.75%or I%, or any combination thereof; and
WHEREAS, the City is currently levying a one-eighth of one percent (0.125%)
sales and use tax under the authority of the Authorizing Legislation, which tax will expire on
December 31, 2011; and
WHEREAS, the City Council has proposed the levy of a one-half of one percent
(0.5%) city-wide sales and use tax under the Authorizing Legislation;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Batesville, Arkansas:
Section 1. Under the authority of the Authorizing Legislation, there is hereby
levied a new one-half of one percent (0.5%) tax on the gross receipts from the sale at retail
within the City of all items which are subject to the Arkansas Gross Receipts Act of 1941, as
amended (A.C.A. §§26-52-101, et seq.), and the imposition of a new excise (or use) tax on the
storage, use, distribution or other consumption within the City of tangible personal property
subject to the Arkansas Compensating Tax Act of 1949, as amended (A.C.A. §§26-53-101, et
seq.), at a rate of one-half of one percent (0.5%) of the sale price of the property or, in the case of
leases or rentals, of the lease or rental price (collectively, the "Sales and Use Tax"). The Sales
and Use Tax shall be levied and collected on the gross receipts, gross proceeds or sales price in
the maximum amount allowed from time to time under Arkansas law, subject to rebates and
limitations as required for certain single transactions as from time to time required by Arkansas
statutes.
Section 2. The Sales and Use Tax shall be levied, and the net collections
received after deduction of the administrative charges of the State of Arkansas and required
• rebates shall be used by the City for one or more of the following: (a) to pay and secure the
repayment of bonds approved by the voters and issued by the City from time to time to finance
capital improvements, (b) for park and recreational purposes, (c) for public safety purposes,
including particularly, without limitation, police and fire and (d) for street purposes.
Section 3. All ordinances and parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4. This Ordinance shall not take effect until an election is held on the
question of levying the Sales and Use Tax at which a majority of the electors voting on the
question shall have approved the levy of the Sales and Use Tax.
PASSED: December 27, 2011
APPROVED:
ATTEST:
2A z
..L Ir\".&) 04LJtL Mayor
City Clerk
(SEAL)
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so CERTIFICATE
The undersigned, City Clerk of Batesville, Arkansas, hereby certifies that the
foregoing pages are a true and perfect copy of Ordinance No. 2011-12-03, passed at a regular
session of the City Council of Batesville, Arkansas, held at the regular meeting place of the City
Council at 5:30 o'clock p.m., on the 27th day of December, 2011, and that the Ordinance is of
record in Ordinance Record Book No. , Page , now in my possession.
GIVEN under my hand and seal this 7 day of December, 2011.
I Q.�ntny rN. wn,-�
City ClerkU
(SEAL)
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