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2610 - • ORDINANCE NO. 26 0 AN ORDINANCE CREATING A QUESTION ON THE 2022 GENERAL ELECTION BALLOT FOR THE QUALIFIED VOTERS OF WEST MEMPHIS TO TRANSFER$2.3 MILLION DOLLARS AND ANY OTHER ACCUMULATED BALANCE FROM THE CRITTENDEN COUNTY JAIL AND DETENTION CENTER COLLECTED FUNDS TO NOW BE ALLOCATED TO THE CITY OF WEST MEMPHIS GENERAL FUND UNRESTRICTED,DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS,the voters approved a measure on the ballot to allocate a percentage of sales tax for housing inmates at the Crittenden County Jail and Detention Center. The purpose of the measure has been achieved; and WHEREAS,the funds continued to accumulate and the account now has a balance of over 2.3 million dollars with accumulating interest; and WHEREAS, these funds are now restricted to the Jail and Detention Center, which fund is no longer available; and WHEREAS,the City Council refers the question back to the voters requesting that they - direct the accumulated funds from the Jail and Detention Center Fund to City of West Memphis general fund,unrestricted; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,ARKANSAS,THAT: SECTION 1. That the question shall be placed on the ballot in substantially the following form: Vote on question by placing an"X"in the square opposite the question: For Allowing the accumulated fund balance in an amount in excess of 2.3 million dollars to be transferred to the City of West Memphis, general fund,unrestricted ❑ Against Allowing the accumulated balance in an amount in excess of 2.3 million dollars to be transferred to the City of West Memphis, general fund,unrestricted 111 SECTION 2. 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 1987 Annotated(the"Authorizing Legislation") and only qualified voters of the City shall have the right to vote at the election. SECTION 3. That the results of the election shall be proclaimed by the Mayor, and his Proclamation shall be published one time in a newspaper published in the City having a general circulation therein, which Proclamation shall advise that the results as proclaimed shall be conclusive unless attacked in the courts within thirty days after the date of publication. SECTION 4. That a copy of this Ordinance shall be given to the Crittenden 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 5. That the mayor and City Clerk, for and on behalf of the City,be, and they are hereby authorized and directed to do any and all things necessary to call and hold the election as herein provided. SECTION 6. That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7. EMERGENCY CLAUSE. It is hereby ascertained and declared that there is an immediate need tohave the question presented to the qualified voters during the general election. In order to do so, this ordinance, if passed,must be provided to the Election Commission by or before August 10, 2022. It is, therefore, declared that an emergency exists Jr.• • 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 4/ day of 4fiA7 , 2022. MA CO M. McCLENDON, MAYOR ATTEST: J ES PULLIA M, Y CLERK SPONSORED BY: .. RECEIVED a %`�i Dat +%�' 9:5 = Mr vlJ' /N_ A-no CERTIFICATE STATE OF ARKANSAS ) i (SS COUNTY OF CRITTENDEN) The undersigned, City Clerk of the City of West Memphis,Arkansas,hereby certifies that the above and foregoing is a true and complete and correct copy of Ordinance 2610 An Ordinance Creating a question on the 2022 General Election Ballot for the qualified voters of West Memphis to Transfer$2.3 Million dollars and any other accumulated balance from the Crittenden County Jail and Detention Center Collected to the City of West Memphis General Fund unrestricted, declaring an Emergency and for other purposes pursuant to Ordinance 2610. appears in the official records of said City. IN WITNESS, WHEREOF, I have hereunto set my hand as City Clerk of the City of West Memphis,Arkansas, and the Official Seal of said City, on this 7th day;of-J10',. .„.r s• 2022. ,•� •fz*,, K `Y J ESTULLI CITY CLERK,CITY OF WEST MEMPHIS CRITTENDEN-COUNTY,ARKANSAS