19575I
ORDINANCE NO. 19,575
2 AN ORDINANCE TO AUTHORIZE ENTRY INTO AN INTERLOCAL AGREEMENT WITH PULASKI
3 COUNTY, THE CITY OF NORTH LITTLE ROCK, THE CITY OF JACKSONVILLE, THE CITY OF
4 SHERWOOD, AND CITY OF MAUMELLE, THE CITY OF CAMMACK VILLAGE, THE CITY OF
5 WRIGHTSVILLE, AND THE CITY OF ALEXANDER, AS TO THE DISTRIBUTION OF MONIES
6 FROM A ONE - QUARTER PERCENT (1 /4 %) GROSS RECEIPTS AND COMPENSATING USE TAX
7 TO BE LEVIED FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING, EXTENDING, IMPROV-
8 ING, EQUIPPING, MAINTAINING, AND OPERATING COUNTY REQUIRED DETENTION FACILI-
9 TIES; TO EXPRESS THE UNDERSTANDING OF THE BOARD OF DIRECTORS OF THE CITY OF
10 LITTLE ROCK AS TO THE MEANING OF THIS AGREEMENT; TO DECLARE AN EMERGENCY;
11 AND FOR OTHER PURPOSES.
12
13 WHEREAS, the Pulaski County Quorum Court has levied a one - quarter percent (1 /4 %) gross
14 receipts and compensating use tax to be used for the acquisition, construction, extension,
15 equipping, maintenance, and operation of County detention facilities, and
16 WHEREAS, a special election has been called for September 12, 2006, to ask the voters to
17 approve this levy so the tax proceeds may be collected and used for the stated purposes, and
18 WHEREAS, there currently exists an interlocal agreement entered into on February 15, 1990,
19 between the City of Little Rock and Pulaski County, and other cities within the County, to help
20 defray that County's expenses to meet its statutory obligation obligation to accept and house
21 persons charged with violation of a state offense, or incarcerated because of a state judicial or-
22 der, and
23 WHEREAS, City of Little Rock involvement in this agreement was authorized by Little Rock,
24 Ark., Resolution No. 8257 (February 9, 1990), and
25 WHEREAS, if the special election results in the approval of this levy it will no longer be nec-
26 essary to maintain the interlocal agreement referred to above, and
27 WHEREAS, Pulaski County has proposed a new interlocal agreement (Exhibit A) attached as
28 Exhibit A to this ordinance, and
[PAGE 1 OF 71
Ordinance to approve interlocal agreement
for jail operations if County sales and use tax is approved
WHEREAS, Pulaski County has proposed a new interlocal agreement (Exhibit A) attached as
2 Exhibit A to this ordinance, and
3 WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, agrees that the County
4 has the obligation and duty to accept and house all persons charged with state criminal of-
5 fenses, sentenced to incarceration upon conviction of such an offense, including but not limited
6 to misdemeanor offenses, and to accept persons ordered imprisoned for contempt of court as
7 by a state court judge, and appreciates the fact that with the approval of Exhibit A, upon the
8 imposition of this levy, the County will finally accept and fulfill these obligations, and
9 WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, understands that with
10 the approval of Exhibit A, upon the imposition of this levy, the County will never expect the City
11 of Little Rock, Arkansas, to provide funds to maintain and operate a county detention facility,
12 nor will it request that the City of Little Rock, Arkansas, continue to make annual appropriations
13 to the County for such purpose, and
14 WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, understands that with
is the approval of Exhibit A, upon the imposition of this levy, the County will continue to appro-
16 priate any and all funds, in addition to the amounts collected pursuant to this levy, to fulfill its
17 statutory obligations to provide, maintain and operate detention facilities, and
18 WHEREAS, Exhibit A notes an agreement by Pulaski County to construct additional beds at
19 the Pulaski County Regional Detention Facility to bring the total number of beds to a minimum
20 of one thousand six hundred and eighteen (1618), but that this minimum will promptly be in-
21 creased as needed by law enforcement and the judicial system to house persons arrested for
22 state criminal offenses, incarcerated upon conviction for such offenses, or incarcerated as a re-
23 suit of contempt citations issued by a state court, and
24 WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, understands that any
25 expenditure of monies collected pursuant to the gross receipts and compensating use tax lev-
26 ied by Pulaski County is available to be used for acquisition, construction, equipping, mainte-
27 nance and operation of the detention facilities, except for the annual seven hundred and fifty
[PAGE 2 OF 71
Ordinance to approve interlocal agreement
for jail operations if County sales and use tax is approved
1 thousand ($750,000) dollar appropriation to be made for prevention, intervention and treat-
2 ment programs, and
3 WHEREAS, nothing in Exhibit A requires, nor shall ever be interpreted to require, the City of
4 Little Rock, Arkansas, to make any additional agreements with Pulaski County for funds, trans-
5 portation, housing, maintenance, or operation of a detention facility for persons charged with
6 violation of state offenses, incarcerated upon conviction of a state criminal offense, or sen-
7 tenced to incarceration by state judicial officers for contempt,
8 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
9 ROCK, ARKANSAS:
10 Section 1 The Mayor is authorized to execute the interlocal agreement attached as Exhibit
11 A to this ordinance, and upon voter approval at a special election to be held on September 12,
12 2006, of the levy by the Pulaski County Quorum Court of a one quarter percent (1 /4 %) gross
13 receipts and compensating use tax for the acquisition, construction, extension, improvement,
14 equipping, maintenance and operation of county detention facilities, the City of Little Rock, Ar-
t 5 kansas, shall be authorized to formally enter into this interlocal agreement, in substantially the
16 form set forth as Exhibit A to this ordinance, subject to the understanding of the terms and
17 conditions of Exhibit A as set forth in the recitals of this ordinance.
18 Section 2. Upon voter approval at a special election to be held on September 12, 2006, of
19 the levy by the Pulaski County Quorum Court of a one quarter percent (1 /4 %) gross receipts
20 and compensating use tax for the acquisition, construction, extension, improvement, equip -
21 ping, maintenance and operation of county detention facilities, the City of Little Rock, Arkansas,
22 shall consider the interlocal agreement, as amended, dated February 15, 1990, to be null and
23 void except to the extent that 2006 appropriations are needed to complete the operation and
24 maintenance of the Pulaski County Regional Detention Facility, or other county facilities, during
25 fiscal year 2006.
26 Section 3. Severabi/ity. In the event any title, section, paragraph, item, sentence, clause,
27 phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such
28 declaration or adjudication shall not affect the remaining portions of the resolution which shall
[PACE 3 Or 7]
Ordinance to approve interlocal agreement
forjail operations if County sales and use tax is approved
1 remain in full force and effect as if the portion so declared or adjudged invalid or unconstitu-
2 tional was not originally a part of the ordinance.
3 Section 4. Repealer. All laws and parts of laws inconsistent with the provisions of this ordi-
4 nance, including but not limited to, Little Rock, Ark., Resolution No. 8257 (February 9, 1990), as
5 amended, are hereby repealed to the extent of such inconsistency.
6 Section 5. Emergency Clause. There has been a considerable amount of public concern
7 over the fact that persons arrested for serious criminal offenses, both felonies and misdemean-
8 ors, convicted of such offenses, or imprisoned by state judges for offenses such as contempt,
9 are not being housed by the Pulaski County Regional Detention Facility because of its conclu-
1 0 Sion that the jail cannot accept more than 880 prisoners; such a situation is intolerable, and the
11 levy of a quarter percent gross receipts and compensating use tax is a reasoned way, if ap-
12 proved by the voters, to provide capital and operating funds for countyjail services that are es-
13 sential to the public health, safety and welfare; to assure that the County follows through with
14 its efforts, an emergency is declared to exist and this ordinance shall be in full force and effect
15 from and after the date of its passage so the Mayor can execute the attached interlocal agree-
16 ment and demonstrate the City of Little Rock's continued extraordinary efforts to assure that
17 persons who should be incarcerated are, in fact, placed in jail.
18 PASSED: August 8, 2006
19 ATTEST:
20
21
22 Na cy Wood, ity Clerk
23 APPROVED AS TO LEGAL FORM:
24 t _
25
26 Thomas M. Carpenter, City Attorney
27
28
29
[PAGE 4 OF 71
Ordinance to approve interlocal agreement
forjail operations if County sales and use tax is approved
APPROVED: V.
�
G
EXHIBIT A: INTERLOCAL AGREEMENT
2 INTERLOCAL AGREEMENT
3 This agreement is entered into by Pulaski County, Arkansas (County) and the cities of Little Rock,
4 North Little Rock, ,Jacksonville, Maumelle, Sherwood, Wrightsville, Cammack Village and Alexander (Cities)
5 pursuant to the authority of Ark. Code Ann. §§ 25 -20 -101, et seq., and Ark. Code Ann. §§ 26 -74 -301, et
6 seq., and will become binding upon all parties following ratification by the Quorum Court of Pulaski
7 County and the various City Councils or Boards of Directors of the cities.
8 WHEREAS, the County recognizes that it has the responsibility to maintain and operate a Regional De-
9 tention Facility Sail); and
10 WHEREAS, the Cities acknowledge the shortage of operational revenues of Pulaski County because of
1 1 a decreasing County tax base; and
12 WHEREAS, the County and the Cities acknowledge the need for a strong and economically viable jail in
13 the area; and
14 WHEREAS, the County has committed its maximum tax resources available to the operation of the jail;
15 and
16 WHEREAS, the levy of a one - quarter percent (1 /4 %) sales and use tax to fund the acquisition, con -
17 struction, equipping, maintenance and operation of the detention facilities in Pulaski County is being
18 placed before the voters of Pulaski County pursuant to Ark. Code Ann. § §26 -74 -301, et seq.; and
19 WHEREAS, the County and the Cities desire to enter into a contractual agreement whereby all proceeds
20 of the aforementioned tax, if levied, are made available to the County to fund the operation of a new re-
21 gional jail.
22 IT IS THEREFORE hereby agreed:
23 SECTION 1. That all funds received by the Treasurer of State from the one - quarter percent (.25 %) sales
24 and use tax levied by Pulaski County for the acquisition, construction, equipping, maintenance and opera -
25 tions of the detention facilities in Pulaski County, after deducting the three percent (3 %) for the Constitu-
26 tional and Fiscal Agencies Fund shall be monthly transmitted to the Pulaski County Treasurer. It is the ex-
27 press understanding of all parties that these funds will not be distributed on a per capita basis, but will all
28 be transmitted to the Pulaski County Treasurer.
29 SECTION 2. Pulaski County agrees to continue contributing to the maintenance and operation of the
30 jail at the level of its 2006 appropriation of county general funds. The County will not maintain any level
31 of funding that was based on contributions from other entities should those contributions cease.
[PAGE 5 OF 71
Ordinance to approve interlocal agreement
for jail operations if County sales and use tax is approved
1 SECTION 3. Pulaski County agrees that at least $750,000.00 per year of the county funds provided for
2 the current jail budget, as referred to in Section 2 of the Agreement, will be devoted to prevention, inter -
3 vention, and treatment programs. Said funding to escalate at a rate of four - percent (4 %) per year, at a
4 minimum.
5 SECTION 4. The ballot title will designate the that the uses of the revenues derived from the safes and
6 use tax are the acquisition, construction, equipping, maintenance and operations of the detention facili-
7 ties, and the proceeds shall only be used for the designated purposes and distributed in the manner set
8 forth in the ballot as required by Ark. Code Ann. §26 -74 -308 and Ark. Const., Art. 16, §1 1. Accordingly,
9 all interest reserves and carry over from the levy of a one quarter percent (.25 %) sales and use tax will be
10 allocated to the Jail and will not be used for any other purpose by the County.
11 SECTION 5. Pulaski County agrees to acquire, construct, renovate, and equip sufficient additional fa-
12 cilities to bring the total number of beds at the Jail to a minimum of 1,618.
13 SECTION 6. Pulaski County agrees to construct the additional beds at the jail as soon as possible and
14 agrees to utilize short -term financing, if necessary and feasible, in order to accomplish this in a prompt
15 manner.
16 SECTION 7. All parties agree that if there is levied a one - quarter percent (.25 %) sales and use tax, then
17 Pulaski County will be solely responsible for operating the Jail and the Cities will be relieved of their con -
18 tractual obligation to contribute to the funding of the operations of the Jail pursuant to the Interlocal
19 Agreement entered on February] 5, 1990 ( "Current Interlocal Agreement "). If the sales and use tax is lev-
20 ied, this Agreement will supersede the funding provisions contained in the Current Interlocal Agreement.
21 All remaining provisions of the Current Interlocal Agreement not in conflict with this Agreement will re-
22 main in full force and effect.
23 SECTION 8. This contract shall become effective January 1, 2007 and shall remain in effect for as long
24 as the one - quarter percent (1 /4 %) sales and use tax is collected.
25 SECTION 9. This instrument constitutes the entire Agreement between the parties and there are no
26 agreements, understandings, warranties or representations except as set forth herein. This Agreement has
27 been signed and delivered in, and the rights of the parties hereunder shall be governed by and construed
28 in accordance with the laws of, the State of Arkansas.
29 Executed this --- - - - - -- day of ---------- - - - - -, 2006.
30
31
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Ordinance to approve interlocal agreement
for jail operations if County sales and use tax is approved
I
Pulaski County
City
of Little Rock
2
3
by:
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by:
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4
Floyd G. Villines, III
Jim Dailey
5
County Judge /Chief Executive Officer
Mayor
6
7
City
of North Little Rock
City
of lacksonville
8
9
by:
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by:
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10
Patrick Henry Hays
Tommy Swaim
11
Mayor
Mayor
12
13
City
of Sherwood
City
of Maumelle
14
15
by:
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by:
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16
Bill Harmon
Burch Johnson
17
Mayor
Mayor
18
19
City
of Wrightsville
City
of Alexander
20
21
by:
------------------------ - - - - --
by:
--------------------
22
Lorraine Smith
Shirley Johnson
23
Mayor
Mayor
24
25
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29
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32
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34
35
36
37
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[PAGE 7 OF 71
Ordinance to approve interlocal agreement
for jail operations if County sales and use tax is approved