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Home My WebLink About22487 1 ORDINANCE NO. 22,487 File 08/27/24 11:06:49 2 Terri Hollingsworth Pulaski Circuit Counts Clerk 3 AN ORDINANCE TO CALL A SPECIAL ELECTION IN THE CITY OF 4 LITTLE ROCK, ARKANSAS, FOR NOVEMBER 5, 2024, ON THE 5 QUESTION OF WHETHER TO LEVY AN ADDITIONAL 5/s-CENT SALES 6 AND COMPENSATING USE TAX WITHIN THE CITY OF LITTLE 7 ROCK, ARKANSAS, TO BE USED FOR GENERAL CAPITAL 8 PURPOSES; TO PROVIDE THAT THE LEVY SHALL COMMENCE ON 9 APRIL 1,2025; AND TO PROVIDE THAT THE LEVY SHALL EXPIRE ON 10 MARCH 31, 2035; TO PRESCRIBE OTHER MATTERS THAT PERTAIN 11 TO THE ELECTION; TO DELCARE AN EMERGENCY; AND FOR 12 OTHER PURPOSES. 13 14 WHEREAS, the Board of Directors of the City of Little Rock, Arkansas (the "City"), passed Little 15 Rock, Ark., Ordinance No. 22,486 (July 16, 2024) which, if approved by the City electors, levies an 16 additional 5/8-Cent($0.00625 cent)Sales and Compensating Use Tax within the City to be used for general 17 capital purposes and which shall expire on March 31,2035; and, 18 WHEREAS, pursuant to Ark. Code Ann. § 26-75-208, once an ordinance which levies a Sales and 19 Compensating Use Tax is adopted,a municipality must by ordinance provide for the calling and holding of 20 a special election on the question of whether to approve the levy; and, 21 WHEREAS,the purpose of this ordinance is to call a special election on the question of the levy of an 22 additional 5/8-Cent($0.00625 cent)Sales and Compensating Use Tax. 23 NOW,THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 24 OF LITTLE ROCK,ARKANSAS: 25 Section 1. A special election is hereby called to be held on November 5,2024,at which special election 26 there shall be submitted to the electors of the City the question of the levy of an additional 5/8-Cent 27 ($0.00625 cent) Sales and Use Tax to be used for general capital purposes pursuant to Little Rock, Ark., 28 Ordinance No. 22,487(July 16, 2024),which shall start collection on April 1,2025,and shall be levied on 29 the receipts from the sale at retail of all items and services that are subject to taxation under the Arkansas 30 Gross Receipts Tax Act of 1941, as amended, as set out in Title 26, Chapter 52 of the Arkansas Code of 31 1987 Annotated and the Arkansas Compensating Use Tax of 1949, as amended, as set out in Title 26, 32 Chapter 53 of the Arkansas Code of 1987 Annotated,and which shall expire on March 31,2035. 33 Section 2. For purposes of this levy, proceeds from the 5/8-Cent ($0.00625 cent) Sales and 34 Compensating Use Tax may be used to acquire,construct,equip,or lease capital improvements of a public 35 nature. (Page 1 of41 1 (A) "Capital improvements of a public nature" means: 2 (1) Street Facilities 3 (2) Roads Facilities 4 (3) Public Parks and other Recreational Facilities 5 (4) Port Facilities 6 (5) Tourism Facilities 7 (6) Fire Protection Facilities 8 (7) Municipal Buildings 9 (8) Courthouses(District Court Facilities) 10 (8) Police Facilities 11 (9) Facilities for the Securing and Developing of Industry 12 (10) Drainage Facilities 13 (11) Pedestrian Facilities 14 (12) Research Parks 15 (B) "Facilities" means real property, personal property or mixed property of any and every 16 kind, including,without limitation,rights-of-way, utilities,vehicles,materials,equipment, 17 fixtures, machinery, furniture, furnishings, buildings and other improvements of every 18 kind. 19 (C) "Acquire" means to obtain at any time by gift, purchase or other arrangement any capital 20 improvements of a public nature, or any portion thereof, whether theretofore constructed 21 and equipped, theretofore partially constructed and equipped, or being constructed and 22 equipped at the time of the acquisition for such consideration and pursuant to such terms 23 and conditions as the governing body of the municipality shall determine. 24 (D) "Construct" means to build, in whole or in part, in such manner and by such method, 25 including contracting therefor,and if the latter, by negotiation or bidding upon such terms 26 and pursuant to such advertising as determined by the governing body of the municipality, 27 under the circumstances existing at the time,as will most effectively serve the purposes of 28 this Section. 29 (E) "Equip" means to install or place in or on any building or structure equipment of any and 30 every kind, whether or not affixed, including, without limitations, building service 31 equip-ment,fixtures,heating equipment,air conditioning equipment,machinery,furniture, 32 furnishings, vehicles,and personal property of every kind. 33 (F) "Lease" means a lease of capital improvements of a public nature by and between a City 34 as lessee and another person as lessor. 35 (G) "Calendar quarter" means the three (3)-month period beginning on January 1", April I", 36 July 1"or October 1". !Page 2of41 1 Section 3. The ballot title at the special election on the question of whether to levy the Sales and 2 Compesating Use Tax referred to above shall be in substantially the following form: 3 Vote on measure by placing an "X" in the square opposite the measure either for or against: 4 0 FOR Adoption of an additional 5/8-Cent ($0.00625 cent) local Sales and 5 Compensating Use Tax within the City of Little Rock, Arkansas, for which 6 collections of the levy will begin on April 1, 2025, to be used for general capital 7 purposes,and which shall expire on March 31,2035. 8 El AGAINST Adoption of an additional 5/8-Cent ($0.00625 cent) local Sales and 9 Compensating Use Tax within the City of Little Rock, Arkansas for which 10 collections of the levy will commence on April 1, 2025, to be used for general 11 capital purposes,and which shall expire on March 31,2035. 12 Section 4. The special election shall be held and conducted and the vote canvassed and the results 13 declared under the law and in the manner now provided for municipal elections unless otherwise provided 14 in Title 26, Chapter 75, Subchapter 2 of the Arkansas Code of 1987 Annotated (the "Authorizing 15 Legislation")and only qualified voters of the City shall have the right to vote at the election. 16 Section 5. The results of the election shall be proclaimed by the Mayor,and his Proclamation shall be 17 published one (1)-time in a newspaper having a general circulation in the City, which Proclamation shall 18 advise that the results as proclaimed shall be conclusive unless attacked in the courts within thirty(30)days 19 after the date of publication. 20 Section 6. The Mayor and City Clerk or Recorder,for and on behalf of the City,be,and they are hereby 21 authorized and directed to do any and all things necessary to call and hold the special election as herein 22 provided and, if the levy of the Sales and Compensating Use Tax is approved by the electors,to cause the 23 Sales and Compensating Use Tax to be collected in accordance with the Authorizing Legislation, and to 24 perform all acts of whatever nature necessary in a timely fashion to carry out the authority conferred by this 25 ordinance. 26 Section 7. Any other required steps not expressly set forth in this ordinance shall also be conducted in 27 a timely fashion in order to accomplish the purposes set out within this ordinance. 28 Section 8. Severability. In the event any section, subsection, subdivision, paragraph, subparagraph, 29 item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or 30 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance, 31 which shall remain in full force and effect as if the portion so declared or adjudged invalid or 32 unconstitutional was not originally a part of the ordinance. 33 Section 9. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this 34 ordinance,including,but not limited to Little Rock,Ark.,Ordinance No.22,485(July 16,2024),are hereby 35 repealed to the extent of such inconsistency. 36 [Page 3 of 41 1 Section 10. Emergency Clause. The ability to provide sufficient revenues to address capital and 2 operational needs of the City, and to have a timely election on the levy of such a tax, is essential to the 3 public health, safety and welfare;an emergency is, therefore, declared to exist and this ordinance shall be 4 in full force and effect from and after the date of its passage. 5 PASSED: July 30,2024 6 ATTEST: APPROVED: 7 • 8 Mith � 9 Allison Segars,Acti Ci erk Frank Scott, r.,Mayor 10 APPROVED AS TO LEGAL FORM: 11 12 ' 13 Thomas M.Carpenter,City A rney 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 // Page 4 of 41