AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF ELKINS, ARKANSAS, ON THE QUESTION OF LEVYING A ONE PERCENT SALES, AND USE TAX WITHIN THE CITY OF ELKINS, ARKANSAS; PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY
WHEREAS, the City Council of the City of Elkins, Arkansas (the "City"), has passed on the I 5'11 day of May, 2008, Ordinance No. 05-I 5-2008B providing for the levy of a one percent (I%) sales and use tax within the City (the "Sales and Use Tax"); and
WHEREAS, the purpose of this Ordinance is to call a special election on the question of the levy of the Sales and Use Tax.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELKINS, ARKANSAS:
Section I: That there be, and there is hereby called, a special election to be held on the I2'11 day of August, 2008, at which election there shall be submitted to the electors of the City the question of the levy of the Sales and Use Tax.
Section 2: That the question oflevying the Sales and Use Tax shall be placed on the ballot for the election in substantially the following form: Vote on measure by placing an "X" in the square opposite the measure either for or against: FOR adoption of a I% local sales and use tax within the City of Elkins, Arkansas. AGAINST adoption of a I% local sales and use tax within the City of Elkins, Arkansas.
Section 3: That the election shall be held and conducted and the vote canvassed and the results declared under the law and in the manner now provided for municipal elections unless otherwise provided in Title 26, Chapter 75, Subchapter 3 of the Arkansas Code of I 987 Annotated (the "Authorizing Legislation") and only qualified voters of the City shall have the right to vote at the election.
Section 4: That the results of the election shall be proclaimed by the Mayor, and his Proclamation shall be published one time in a newspaper having a general circulation in the City, which Proclamation shall advise that the results as proclaimed shall be conclusive unless attacked in the courts within thirty (30) days after the date of publication.
Section 5: That a copy of this Ordinance shall be given to the County Board of Election Commissioners so that the necessary election officials and supplies may be provided. A certified copy of this Ordinance shall also be provided to the Commissioner of Revenues of the
State of Arkansas as soon as practical.
Section 6: That the Mayor and Recorder-Treasurer, for and on behalf of the City of Elkins, be, and they are hereby authorized and directed to do any and all things necessary to call and hold the special election as herein provided and, if the levy of the Sales and Use Tax is approved by the electors, to cause the Sales and Use Tax to be collected in accordance with the Authorizing Legislation, and to perform all acts of whatever nature necessary in a timely fashion to carry out the authority confen·ed by this Ordinance.
Section 7: That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict.
Section 8: It is hereby ascertained and declared that there is a great need to establish a stable source of revenue to finance vital municipal services in order to promote and protect the health, safety and welfare of the City and its inhabitants. It is, therefore, declared that an emergency exists and this Ordinance being necessary for the immediate preservation of public peace, health and safety shall be in force and take effect immediately from and after its passage.
PASSED AND APPROVED this 15th day of May, 2008.
- Ordinance 05152008B (16 Downloads)