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RESOLUTION NO. 7,555
A RESOLUTION NOTIFYING PULASKI COUNTY TO
SUSPEND COLLECTION OF HARBOR MILLAGE IN
CONTRAVENTION OF CITY ORDINANCE NO. 14,971;
TO PREVENT AN ERRONEOUS AND IMPROPER EXACTION
BY COUNTY OFFICIALS; DECLARING AN EMERGENCY;
AND FOR OTHER PURPOSES.
WHEREAS, the citizens of the City of Little Rock approved
Ordinance No. 14,939 by election, and approved the possible
extending of a .5 millage increase on real and personal property
to assist in the payment of bonds issued to build a slack water
harbor; and
WHEREAS, the City of Little Rock on October 15, 1985,
approved Ordinance No. 14,971, notifying the County of the real
and personal property tax levies to be made for tax year 1985, to
be paid in 1986; and
WHEREAS, this ordinance did not include the levy for the
millage increase for the slack water harbor bonds; and
WHEREAS, the county has failed to fulfill its obligation
to merely perform the ministerial act of levying the taxes
approved by the governing council of the City; and
WHEREAS, an inaccurate form was sent by County officials
to the City, as required by Arkansas Statute, which erroneously
included this slack water harbor port levy; and
WHEREAS, the City, having learned of this oversight
informed various county officials of the error and instructed
them prior to the sending of any tax bills, that it was
inappropriate to collect these funds; and
WHEREAS, various County officials were notified on
February 13, 1986, that any collection attempts by the County
Collector to collect said harbor tax were in direct contravention
of City Ordinance No. 14,971; and
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M r
WHEREAS, the County has elected to send out incorrect tax 72
bills despite the City's protest; and
WHEREAS, notwithstanding the fact that the City of Little
Rock has never authorized the collection of the .5 mill harbor
tax, the Board of Directors of the City of Little Rock does wish
to do everything possible to protect its citizens from the
effects of this erroneous collection by Pulaski County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. In accordance with Amendment 62, § 1(c) of the
Arkansas Constitution, and Ark. Stat. Ann. § 13 -1246 (Supp.
1985), the City of Little Rock does hereby suspend the collection
of this levy for the entire tax year 1985.
SECTION 2. All laws or parts of laws which may be in
conflict herewith are hereby repealed.
SECTION 3. Emergency Clause. Because the City of Little
Rock is aware of an immediate and imminent violation of State and
Constitutional law by the Pulaski County Collector's Office,
despite warnings from the City to the contrary, and in an attempt
to protect the citizens of the Little Rock from being required to
pay what would otherwise be an erroneous exaction, the above
ordinance is declared to be an emergency and will take full force
and effect immediately upon the date of passage.
Adopted: February 18, 1986
ATTEST:
CITY CLERK JANL° CZECH
APPROV TO FO
MARK STODOLA, CITY ATTORNEY
APPROVED:
MAYOR THOMAS A. PRINCE