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HomeMy WebLinkAbout13343I 2 RESOLUTION NO. 13,343 3 A RESOLUTION TO STATE THE USES OF CERTAIN OPERATIONS 4 AND CAPITAL SALES AND COMPENSATING USE TAX FUNDS UP- 5 ON APPROVAL OF BOTH LEVIES BY THE VOTERS AT AN ELEC- 6 TION TO BE HELD SEPTEMBER 13, 2011; AND, FOR OTHER PUR- 7 POSES. E3 9 WHEREAS, pursuant to Little Rock, Ark., Ordinance No. 20,449 (July 11, 2011), the Board levied to a 3/8 % sales and compensating use tax to be used for capital improvements of a public nature ( "the Cap - 11 ital Improvements Tax "); and, 12 WHEREAS, pursuant to Little Rock, Ark., Ordinance No. 20,450 (July 11, 2011), the Board set Sep - 13 tember 13, 2011, as the date of a special election for the voters to approve or reject the levy of the Capital 14 Improvements Tax; and, 15 WHEREAS, pursuant to Little Rock, Ark., Ordinance No. 20,451 (July 11, 2011), the Board of Di- 16 rectors of the City of Little Rock, Arkansas ( "the Board "), levied a 5/8 % sales and compensating use tax 17 to be used for general purposes ( "the Operating Tax "); and, 18 WHEREAS, pursuant to Little Rock, Ark., Ordinance No. 20,452 (July 11, 2011), the Board set Sep - 19 tember 13, 2011, as the date of a special election for the voters to approve or reject the levy of the Operat- 20 ing Tax; and, 21 WHEREAS, in order to inform the electors of the City of the various uses that have been identified 22 for the proceeds from the Operating Tax and the Capital Improvement Tax (collectively "the Taxes "); 23 and, 24 WHEREAS, this Resolution, while not a part of the ballot title for either of the Taxes, is intended as 25 statement of intent of the Board to accomplish the various uses set forth below; 26 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 27 OF LITTLE ROCK, ARKANSAS: 28 Section 1. As set forth more fully below, the Board expresses its intent to expend the estimated pro - 29 ceeds from the Taxes for needs in the following general categories as follows: 30 A. Public Safety; 31 B. Public Works; 32 C. Jobs and Economic Development; 33 D. Parks and Recreation, the Zoo, and the Arkansas State Fairgrounds; and, [PAGE 1 OF 61 Resolution to identify uses of sales and compensating use tax proceeds with recommended changes from Board members 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 E. Additional priorities. Section 2. Public Safety — Operations. It is the intent of the Board of Directors that proceeds from the Operating Tax be expended for Public Safety needs as follows: A. POLICE DEPARTMENT (a) Staffing: (i) Hire fifty -two (52) police officers; (ii) Retain police officer positions currently paid from federal grant funds; (iii) Additional 911 /311 call taker positions; and, (b) Provide funding for the Pulaski County Regional Detention Facility. B. FIRE DEPARTMENT (a) Hire thirty-six (36) new fire fighters; and, (b) Retain fire fighter positions currently paid from federal grant funds. C. FLEET SERVICES Monies for annual fleet replacement vehicles. D. HOUSING & NEIGHBORHOOD PROGRAMS (a) Fill twenty (20) code enforcement officer positions, and four (4) animal services positions; and, (b) Additional funding for Land Bank operations. E. NEIGHBORHOOD BASED COMMUNITY INITIATIVE: (a) Youth employment programs; (b) Job skills center; (c) Reentry programs; and, (d) Prevention, Intervention and Treatment (PIT) programs. Section 3. Public Safety — Capital. It is the intent of the Board of Directors that proceeds from the Capital Improvements Tax be expended for Public Safety needs as follows: A. POLICE [ESTIMATED TOTAL: $31,873,000] (a) Public safety radio and communications system upgrade; (b) Construction of 12`h Street Mid -Town Police Substation; (c) Renovate or construct a Main Police Headquarters and District Courts building; and, (d) Construction and renovation of a new West Little Rock Substation. B. FIRE: [ESTIMATED TOTAL: $ 4,850,000] (a) Complete construction of a west Little Rock fire station; and, (b) Construction of a southwest Little Rock fire station. C. FLEET SERVICES: [ESTIMATED TOTAL: $ 3,567,000] [PAGE 2 OF 61 Resolution to identify uses of sales and compensating use tax proceeds with recommended changes from Board members I Additional vehicles for additional police, fire, and code enforcement staffing. 2 D. HOUSING & NEIGHBORHOOD PROGRAMS: [ESTIMATED TOTAL: $ 999,000] 3 (a) Code Enforcement; and, 4 (b) Expansion and equipment for the Animal Village. 5 Section 4. Public Works — Operations. It is the intent of the Board of Directors that proceeds from 6 the Operating Tax be expended for building services repair and maintenance needs. 7 Section 5. Public Works — Capital. It is the intent of the Board of Directors that proceeds from the 8 Capital Improvements Tax be expended for Public Works needs as follows: 9 PUBLIC WORKS: [ESTIMATED TOTAL: $ 72,000,000] 10 (a) Street resurfacing and maintenance programs; 11 (b) Street, drainage, reconstruction, and traffic signalization; and, 12 (c) Sidewalk constructions. 13 Section 6. Jobs and Economic Development — Capital. It is the intent of the Board of Directors that 14 proceeds from the Capital Improvements Tax be expended for Jobs and Economic Development needs as 15 follows: 16 (a) Research Technology Park: [ESTIMATED TOTAL $22,000,000] 17 -- to be developed in conjunction with the University of Arkansas for Medical Sciences, 18 and the University of Arkansas at Little Rock, for land acquisition, infrastructure, con - 19 struction including but not limited to roads, water, sewer, and related improvements, and 20 new technology facility development tied to the creation of jobs at all skill levels; 21 (b) Little Rock Port: [ESTIMATED TOTAL: $10,000,000] 22 -- for land acquisition and expansion, including development costs for infrastructure for 23 the recruitment of advanced manufacturing jobs; and, 24 (c) Job Recruitment and Economic Development Infrastructure Funds: [ESTIMATED TOTAL 25 $6,000,000] 26 -- Eligible projects brought to the City Board of Directors which must create jobs and 27 leverage capital investment within the City by either partnering with State programs 28 such as the Arkansas Economic Development Commission and the Quick Action 29 Closing Fund, or by using guidelines tied directly to capital investments and jobs cre- 30 ated with clawbacks to be used for companies that fail to fulfill these commitments. 31 Section 7. Parks and Recreation, and the Zoo — Operations. It is the intent of the Board of Direc- 32 tors that proceeds from the Operations Tax be expended for Parks and Recreation, and the Zoo, needs as 33 follows: 34 A. PARKS & RECREATION: [PAGE 3 OF 61 Resolution to identify uses of sales and compensating use tax proceeds with recommended changes from Board members I (a) West Central Little Rock Community Center: 2 (i) Staff to provide programming at the Center; and, 3 (ii) Non - capital equipment expenditures to operate the Center; 4 (b) Maintenance and enhancement of the: 5 (i) MacArthur Park museum grounds; 6 (ii) Senior Adult Center; and, 7 (iii) Ottenheimer Park. 8 (c) Employees: 9 (i) 1 employee for the MacArthur Military History Museum; and, 10 (ii) Expanded maintenance for City parks; 11 (iii) Filled vacancies in the Parks & Recreation Department. 12 B. LITTLE ROCK ZOO: 13 (a) Increase in Zoo personnel positions; and, 14 (b) Operational costs associated with capital improvement projects. 15 Section 8. Parks and Recreation, the Zoo, and the State Fairgrounds — Capital. It is the intent of 16 the Board of Directors that proceeds from the Capital Improvements Tax be expended for Parks and Rec- 17 reation, the Zoo, and the State Fairgrounds needs as follows: 18 A. PARKS & RECREATION: [ESTIMATED TOTAL: $ 17,284,000] 19 (a) Acquisition and construction of a West Central Little Rock Community Center; 20 (b) Construction, renovation, and rehabilitation of the Senior Center; 21 (c) Construction and rehabilitation of the Ottenheimer Center; 22 (d) Construction of enhancements for War Memorial Park; 23 (e) Construction of enhancements for Otter Creek Park; 24 (f) Construction of enhancements for Crump Park; 25 (g) Construction of enhancements to the Natural Steps Ball Complex; 26 (h) Construction of enhancements for Western Hills Park; 27 (i) Construction of enhancements for the museums in MacArthur Park; 28 0) Capital upgrades for various City parks; and, 29 (i) Construction of various pedestrian and cycling trails within the City. 30 B. ZOO: [ESTIMATED TOTAL: $8,000,000] 31 Creation of new exhibits and facilities at the Zoo. 32 C. ARKANSAS STATE FAIR: [ESTIMATED TOTAL: $3,000,000] 33 -- Expansion and improvement of facilities that can enhance the Arkansas State Fair - 34 grounds; provided the Fair remains at its current location within the City on Roosevelt [PAGE 4 OF 61 Resolution to identify uses of sales and compensating use tax proceeds with recommended changes from Board members 1 Road; and, provided further, that if the previous condition is not met, these monies may 2 be used for Parks & Recreation, or for Information Technology. 3 Section 9. Central Arkansas Transit Authority (CA TA). It is the intent of the Board of Directors 4 that proceeds from the Operating Tax shall be expended to provide for new bus routes for John Barrow 5 Road from at least Asher Avenue to Kanis Road, and for the south campus of Pulaski Technical College. 6 Section 10. Information Technology. It is the intent of the Board of Directors that proceeds from 7 the Taxes shall be expended to upgrade and enhance the City's information technology systems. 8 Section 11. Police, Fire, and Non - uniform Pension Funds. It is the intent of the Board of Direc- 9 tors that proceeds from the Operating Tax shall be expended to assist the various employee pension funds 10 to become actuarially sound and able to provide meaningful pension to City employees, with at least 11 $500,000 to be provided for the Little Rock Police Pension and Relief Fund, and at least $500,000 for the 12 Little Rock Fire Pension and Relief Fund. 13 Section 12. Restoration of Funding for City Departments. It is the intent of the Board of Directors 14 that proceeds from the Taxes shall be expended to restore the budgets of various City departments, in- 15 cluding annual fleet replacement, that have seen .significant budget cuts which have left a number of va- 16 cant positions. 17 Section 13. Use of Operations and Capital Taxes in addition to existing budget. It is the intent of 18 the Board of Directors that the funding items set forth above are in addition to the amounts budgeted and 19 expended in the budget for fiscal year 2011. 20 Section 14. Accountability and Transparency. The Board of Directors shall direct the City Manager, 21 upon approval of the Taxes at the September 13, 2011, special election, to implement appropriate infor- 22 mation procedures, including citizen participation, to advise the Board of Directors and the public on a 23 frequent and regular basis as to how the City has accomplished the uses of Taxes as set forth in this Reso- 24 lution. 25 Section 15. Estimated growth of receipts. The expenditure of the capital monies set forth above is 26 based upon an estimated 2% growth in tax proceeds per year for each year the Capital Improvements Tax 27 is in effect; any reduction in the anticipated rate of growth will also impact proportionately the percentage 28 available for the specified capital projects. 29 Section 16. Capital Projects.. A separate fund for capital projects with separate accounting units for 30 each of the capital project categories set forth in this resolution will be created upon approval of the Capi- 31 tal Improvements Tax, and the monies estimated for capital projects within each area shall be used in that 32 area until completion of all of the listed projects has been accomplished. 33 Section 17. Repayment of Indebtedness. [PAGE 5 OF 6] Resolution to identify uses of sales and compensating use tax proceeds with recommended changes from Board members I (a) The City may pledge receipts from the Capital Improvements Tax to the repayment of bonds 2 issued to finance capital improvements of a public nature that are approved by the voters un- 3 der the provisions of Amendment 62 to the Arkansas Constitution. 4 (b) The City may use receipts of both Taxes to retire indebtedness incurred by the City to finance 5 capital improvements for the purposes set forth in this Resolution pursuant to the provisions 6 of Amendment 78 of the Arkansas Constitution. 7 Section 18. Use of Surplus Funds. Upon the completion of the capital improvements of a public na- b ture set forth above, if there are any surplus funds from the Capital Improvements Tax, such surplus pro - 9 ceeds may be used for any lawful City purpose; further, if there is a surplus in the Operating Tax proceeds 10 upon fulfillment of the projects set forth above, such surplus proceeds may be used for any lawful City 11 purpose. 12 Section 19. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 13 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 14 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 15 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 16 ordinance. 17 Section 20. Repealer. All laws, ordinances, resolutions, or parts of the same, which are inconsistent 18 with the provisions of this resolution are hereby repealed to the extent of such inconsistency. 19 ADOPTED: July 11, 2011 20 21 22 23 24 25 APPROVED AS TO LEGAL FORM: 26 27 Lv1Y�t -•�� 28 Thomas M. Carpenter, City At ney 29 H 30 H 31 H 32 H 33 H 34 H [PAGE 6 OF 61 Resolution to identify uses of sales and compensating use tax proceeds with recommended changes from Board members APPROVED: V k Mark Stodola, Mayor