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HomeMy WebLinkAbout22484 1 ORDINANCE NO. 22,484 Fi le 08/27/24 i 1:0 :27 2 Terri Hol l ir9sworth Pulaski Circuit Counts Clerk 3 AN ORDINANCE TO LEVY AN ADDITIONAL 3/8-CENT SALES AND 4 COMPENSATING USE TAX WITHIN THE CITY OF LITTLE ROCK, 5 ARKANSAS,TO BE USED FOR GENERAL OPERATIONAL PURPOSES; 6 TO PROVIDE THAT THE LEVY SHALL COMMENCE ON APRIL 1,2025; 7 TO PRESCRIBE OTHER MATTERS THAT PERTAIN TO THE MATTER; 8 TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. 9 10 WHEREAS,the Board of Directors of the City of Little Rock,Arkansas(the"City"),have determined 11 that it is appropriate to levy an additional 3/8-Cent($0.00375%) Sales and Compensating Use Tax within 12 the City to be used for general operational purposes;and, 13 WHEREAS, pursuant to Ark. Code Ann. § 26-75-208, once an ordinance which levies a Sales and 14 Compensating Use Tax is adopted,a municipality must by ordinance provide for the calling and holding of 15 a special election on the question of whether to approve the levy;and, 16 WHEREAS, the purpose of this ordinance is to levy an additional 3/8-Cent ($0.00375%) Sales and 17 Compensating Use Tax. 18 NOW,THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 19 OF LITTLE ROCK,ARKANSAS: 20 Section 1. The Board of Directors of the City of Little Rock hereby levies an additional 'is-Cent 21 ($0.00375%)Sales and Compensating Use Tax,to be used for general operational purposes,the collection 22 of which shall start on April 1,2025, and which shall be levied on the receipts from the sale at retail of all 23 items and services that are subject to taxation under the Arkansas Gross Receipts Tax Act of 1941, as 24 amended, as set out in Title 26, Chapter 52 of the Arkansas Code of 1987 Annotated, and the Arkansas 25 Compensating Use Tax of 1949, as amended, as set out in Title 26, Chapter 53 of the Arkansas Code of 26 1987 Annotated. 27 Section 2. On the date of this ordinance,the City,by separate ordinance,shall call for a special election 28 on whether to approve the levy to be held on November 5, 2024, as required by Ark. Code Ann. § 26-75- 29 208(a)(1). 30 Section 3. The ballot title at the special election on the question of whether to levy the additional Sales 31 and Compensating Use Tax referred to above shall be in substantially the following form: 32 Vote on measure by placing an "X" in the square opposite the measure either for or against: IPage 1 of 31 1 El FOR Adoption of an additional 3/8-Cent($0.00375%)local Sales and Compensating 2 Use Tax within the City of Little Rock,Arkansas,for which collections of the levy 3 will begin on April 1,2025,to be used for general operational purposes. 4 AGAINST Adoption of an additional 'is-Cent ($0.00375%) local Sales and 5 Compensating Use Tax within the City of Little Rock, Arkansas for which 6 collections of the levy will commence on April 1, 2025, to be used for general 7 operational purposes. 8 Section 4. The special election shall be held and conducted and the vote canvassed and the results 9 declared under the law and in the manner now provided for municipal elections unless otherwise provided 10 in Title 26, Chapter 75, Subchapter 2 of the Arkansas Code of 1987 Annotated (the "Authorizing 11 Legislation")and only qualified voters of the City shall have the right to vote at the election. 12 Section 5. The results of the election shall be proclaimed by the Mayor,and his Proclamation shall be 13 published one(1)-time in a newspaper having a general circulation in the City, which Proclamation shall 14 advise that the results as proclaimed shall be conclusive unless attacked in the courts within thirty(30)days 15 after the date of publication. 16 Section 6. The Mayor and City Clerk or Recorder,for and on behalf of the City,be,and they are hereby 17 authorized and directed to do any and all things necessary to call and hold the special election as herein 18 provided and, if the levy of the Sales and Compensating Use Tax is approved by the electors,to cause the 19 Sales and Compensating Use Tax to be collected in accordance with the Authorizing Legislation, and to 20 perform all acts of whatever nature necessary in a timely fashion to carry out the authority conferred by this 21 ordinance. 22 Section 7. Any other required steps not expressly set forth in this ordinance shall also be conducted in 23 a timely fashion in order to accomplish the purposes set out within this ordinance. 24 Section 8. Severability. In the event any section, subsection, subdivision, paragraph, subparagraph, 25 item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or 26 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance, 27 which shall remain in full force and effect as if the portion so declared or adjudged invalid or 28 unconstitutional was not originally a part of the ordinance. 29 Section 9. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this 30 ordinance,are hereby repealed to the extent of such inconsistency. 31 Section 10. Emergency Clause. The ability to provide sufficient revenues to address capital and 32 operational needs of the City, and to have a timely election on the levy of such a tax, is essential to the 33 public health, safety and welfare;an emergency is, therefore, declared to exist and this ordinance shall be 34 in full force and effect from and after the date of its passage. 35 (Page 2 of 3l 1 PASSED: July 30,2024 2 ATTEST: APPROVED: 3 at- ) 4 kaUrlA 5 Allison Segars,Actin C' lerk Frank Scott,Jr., 6 APPROVED AS TO LEGAL FORM: 78 60414,10 � • 9 Thomas M.Carpenter,City Attorney 10 // I1 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // [Page 3 of 31