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HomeMy WebLinkAbout2011-12-04 FILED DEC�2 88L2�11 ----� ` M • ORDINANCE N0. 2011-12-04 COUNTY& OBA fE C :RK .c. AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF BATESVILLE, ARKANSAS ON THE QUESTION OF LEVYING 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 passed on December 27, 2011, Ordinance No. 2011-12-03 providing for the levy of a new one- half of one percent (0.5%) sales and use tax within the City (the "Sales and Use Tax") 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, 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 Batesville, Arkansas: Section 1. There is hereby called a special election to be held on March 13, 2012, 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: 0.5% SALES AND USE TAX (PERMANENT) Vote FOR or AGAINST adoption of a new 0.5% local sales and use tax within the City of Batesville 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. The collections of the tax remaining after deduction of the administrative charges of the State of Arkansas and required rebates shall be used for the purposes set forth above. The levy of the tax is not dependent on any bonds being approved or issued. 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 unless otherwise provided in Title 26, Chapter 75, Subchapter 2 of the Arkansas Code of 1987 Annotated 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 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 attacked in the courts within thirty days after the date of publication. Section 5. A copy of this Ordinance shall be (a) filed with the Independence County Clerk at least 60 days prior to the election date and (b) given to the Independence County Board of Election Commissioners so that the necessary election officials and supplies may be provided. A certified copy of this 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 to perform all acts of whatever nature necessary to carry out the authority conferred by this Ordinance. Section 7. All ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. PASSED: December 27, 2011 APPROVED: ATTEST: Mayor City Clerk (SEAL) • 2 CERTIFICATE The undersigned, City Clerk of Batesville, Arkansas, hereby certifies that the foregoing pages are a true and perfect copy of Ordinance No. 2011-12-04, 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 27P 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 ')� —day of December, 2011. City CIVrk (SEAL) • • 3