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1631ORDINANCE NO. / 6 3 ~ AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF WEST MEMPHIS, ARKANSAS, THE QUESTION OF LEVYING AN ADDITIONAL ANNUAL TAX FROM 0.4 MILL ON THE DOLLAR TO ONE MILL ON THE DOLLAR UPON THE ASSESSED VALUE OF THE REAL AND PERSONAL PROPERTY WITHIN THE CITY FOR THE PURPOSE FUNDING THE FIREMEN'S RELIEF AND PENSION FUND IN ACCORDANCE WITH THE CONSTITUTION OF THE STATE OF ARKANSAS, AMENDMENTS THERETO, AND LEGISLATION OF THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS. WHEREAS, the City of West Memphis, Arkansas, is authorized by the Constitution of the State of Arkansas to levy an annual tax not to exceed one mill on the dollar upon the assessed value of all real and personal property within the City for the purpose of paying, pursuant to statutory provisions, firemen's retirement pensions, and pensions to the widows and minor children of deceased firemen; and WHEREAS, the establishment of the Firemen's Relief and Pension Fund and the levy of an annual tax of one mill on the dollar upon the assessed value of the real and personal property within the City was submitted to the qualified electors of the City of West Memphis, Arkansas, and received a favorable vote of a majority of the votes cast; and WHEREAS, pursuant to said election, the City of West Memphis established the Firemen's Relief and Pension Fund and levied an annual tax of one mill on the dollar upon the assessed value of the real and personal property within the City; and WHEREAS, the annual tax as levied by Ordinance 566 was rolled back pursuant to the requirements of Amendment 59 to the Constitution of the State of Arkansas from one mill on the dollar to 0.4 mill on the dollar; and WHEREAS, the current annual tax rate of 0.4 mill on the dollar is not sufficient to meet the future requirements of the Firemen's Relief and Pension Fund; and WHEREAS, the City Council of the City of West Memphis has determined that the question of levying an additional annual tax from 0.4 mills on the dollar to one mill on the dollar upon the assessed value of the real and personal property within the City for the purpose of funding the Firemen's Relief and Pension Fund should be submitted to the qualified electors of the City of West Memphis, Arkansas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: SECTION 1. There shall be submitted to the qualified voters of the City of West Memphis, Arkansas, at a special election to be held on the 21st day of July, 1994, the question of levying an additional annual tax from 0.4 mills on the dollar to one mill on the dollar upon the assessed value of the real and personal property within the City for the purpose of funding the Firemen's Relief and Pension Fund. SECTION 2. The ballot title shall appear as follows: "The question of levying an additional annual tax from 0.4 mills on the dollar to one mill on the dollar upon the assessed value of the real and personal property within the City of West Memphis, Arkansas, for the purpose of funding the Firemen's Relief and Pension Fund in accordance with the Constitution of the State of Arkansas and legislation of the General Assembly of the State of Arkansas." SECTION 3. The question shall be placed on the ballot for the election in substantially the following form: 2 1 Vote on measure by placing an X in the square beside the measure either for or against: FOR ONE MILL ANNUAL TAX LEVY FOR FIREMEN'S PENSION AND RELIEF FUND AGAINST ONE MILL ANNUAL TAX FOR FIREMEN'S PENSION AND RELIEF FUND . SECTION 4. The election shall be held and conducted and the vote canvassed and the results declared under the law and in the manner provided by law and the Mayor shall give notice of such election by an advertisement published once a week for four (4) consecutive weeks in a newspaper having a bona fide circulation in the City of West Memphis, Arkansas. SECTION 5. The results of said election shall be proclaimed by the Mayor and his Proclamation shall be published one time in a newspaper having a bona fide circulation in the City of West Memphis, Arkansas, 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 such publication. SECTION 6. A copy of this ordinance, duly certified by the City Clerk, shall be furnished to the Crittenden County Board of Election Commissioners so that the necessary election officials and supplies may be provided and that this matter shall appear on the ballot in the general election as hereinabove set forth. SECTION 7. In the event said additional tax levy is approved by the qualified electors of the City of West Memphis, Arkansas, the City Council shall take necessary action to pass 3 necessary legislation to implement the expression of the electors of the City. `, PASSED AND APPROVED this /6tll day of ~v,v~ , 1994. r / /' //v/' KE TH M. INGRAM, YOR ATTEST: DAN CRAFT, C7~J!~Y/C SPON ORED Y: ~~ RECEIVED CITY CLERK OFFICE DATE ~l s 3•'aaP„ fl ~ 7~,Ew- 4