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Filed riled i31 AN
filed 8 Recorded in
Official Records of
CAROLYN STRLEY
ORDINANCE NO. 18,885 CIRCUII COUNTY
Fees $17.05 CLERK
AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO.
18,864 (MAY 13, 2003) TO REDEFINE SINGLE TRANSACTION; TO
DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, has
levied a one -half of one percent (0.5 %) gross receipts and compensating use tax in Little
Rock, Ark., Ordinance No. 18,864 (May 13, 2003), and has submitted this matter for a
vote of the people on July 22, 2003, and
WHEREAS, the definition of single transaction in Section 10 of the ordinance
was intended to be broad enough to take advantage of any amendments to Arkansas
law, including the Streamline Tax Act, and
WHEREAS, the model used for this definition included alternatives that were
not intended to be included in the City's ordinance, and the Board of Directors do not
wish to use such alternatives if the voters approve this tax,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
19 Section 1. Section 10 of Little Rock, Arkansas, Ordinance No. 18,864 (May 13,
20 2003), is hereby amended to read as follows:
21 Section 10. Single Transaction Defined.
22 (A)The Infrastructure Tax authorized by this Ordinance shall be
23 levied and collected only on the first two thousand five hundred dollaps RROeonea°o
24 ($2,500.00) of gross receipts, gross proceeds, or sales price from eac�i`�i1i ,le , C f R�(�•p�
25 transaction as provided in Ark. Code Ann. § 26 -75 -222, as may bemede`d a .
b
C
[PAGE 1 OF 41
ae�w definition of .inble o-w on -for Little Roek -NOW silo and we fa. °dp0�0y C:S:.•'e
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1 or it shall be levied on the appropriate amount as established by Arkansas
2 law;
3 (B) In the event the Arkansas General Assembly shall define
4 "single transaction," such definition shall replace the one contained in this
5 ordinance.
6 (C) "Single transaction is defined according to the nature of the
7 goods purchased as follows, and in accordance with Little Rock, Ark.,
8 Ordinance No. 16,562 (December 21,1993):
9 (1) When two or more devices in which, upon which or by which
10 any person or property is, or may be, transported or drawn, including but
11 not limited to, on -road vehicles, whether required to be licensed or not, farm
12 vehicles, off -road vehicles, airplanes, water vessels, motor vehicles, or non -
13 motorized vehicles, and mobile homes, are sold to a person by a seller, each
14 individual unit, whether part of a "fleet" sale or not, shall be treated as a
15 single transaction for the purpose of the Sales and Compensating Use Tax;
16 (2) The charges for any utility services, which are subject to the
17 Sales and Compensating Use Tax, and which are furnished on a continuous
18 service basis, whether such services are paid daily, weekly, monthly or
19 annually, shall be computed in daily increments and each such daily charge
20 increment shall be considered to be a single transaction for the purposes of
21 the Sales and Compensating Use Tax;
22 (3) For sales of building materials and supplies to contractors,
23 builders or other persons, a single transaction for the purpose of the Sales
24 and Compensating Use Tax shall be deemed to be any single sale which is
25 reflected on a single invoice, receipt or statement, on which an aggregate
[PAGE 2 of 41
o dmxxe
New definidon oPeing4 trxuxtion ''for Little Rork -NOW ,A. and me m
I sales (or compensating use) tax figure has been reported and remitted to the
2 State of Arkansas;
3 (4) When two or more items of major household
4 appliances, commercial appliances, major equipment and machinery are
5 sold, each individual unit shall be treated as a single transaction for the
6 purpose of the Sales and Compensating Use Tax;
7 (5) For groceries, drug items, dry goods and other tangible
8 personal property, or services, or a combination personal property and
9 services, not otherwise expressly covered in this Section, a single transaction
10 shall be deemed to be any single sale which is reflected on a single invoice,
11 receipt or statement, on which an aggregate sales tax figure has been
12 reported and remitted to the State of Arkansas.
13 Section 2. Severability. In the event any title, section, paragraph, item,
14 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid
15 or unconstitutional, such declaration or adjudication shall not affect the remaining
16 portions of the ordinance which shall remain in full force and effect as if the portion so
17 declared or adjudged invalid or unconstitutional was not originally a part of the
18 ordinance.
19 Section 3. Repealer. All ordinances, resolutions, bylaws, and other matters
20 inconsistent with this ordinance are hereby repealed to the extent of such inconsistency.
21 Section 4. Emergency. There is a major need to finance infrastructure public
22 improvements of a capital nature, and an election has been called for July 22, 2003, to see if the
23 electors of the City will approve a tax to help with this need, there has been some confilsion on
24 the definition to be used for single transaction, and this modification is the one that the Board of
25 Directors intends to have apply if this tax is approved; since the election is pending, an
[PAGE 3 of 41
oedinena
New definition of 'single trussution' for Litde Rook -NOW sales and use my
1 emergency is, therefore, declared to exist, and this ordinance shall be in full force and effect from
2 and after the date of its passage.
3 PASSED: JUNE 17, 2003
4 ATTEST: APPROVED:
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7 Nan y Wood, ity Clerk
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9 APPROVED AS TO LEGAL FORM:
10
12 Thomas M. Carpenter, Cil Attorney
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ONInjuw
New deFlnifion of 'single truuseion' for Lidle Ruh -NOW silo and use m