2284ORDINANCE NO. Z Z S
AN ORDINANCE CALLING A SPECIAL ELECTION IN THE
CITY OF WEST MEMPHIS, ARKANSAS, ON THE QUESTION
OF LEVYING AONE-FOURTH OF ONE PERCENT (0.25%)
SALES AND USE TAX WITHIN THE CITY OF WEST MEMPHIS,
ARKANSAS, FOR ECONOMIC DEVELOPMENT PROJECTS
NOT TO EXCEED $ ul 00~ t~ TO BE TERMINATED ON
THE FIRST DAY OF E ALENDAR QUARTER FOLLOWING
THE EXPIRATION OF NINETY (90) DAYS AFTER THE CITY
OF WEST MEMPHIS CERTIFIES IT HAS RECEIVED
$ t7CaU AND PRESCRIBING OTHER MATTERS
PE TAINING THERETO, AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of West Memphis, Arkansas, (the "City") has
passed on the i5 day of SgpTcmBc~R , 2011, Ordinance No. 2Zg3 providing for the
levy of a one-fourth of one percent (0.25%) sales and use tax within the City (the "Sales and Use
Tax") to pay project costs of an economic development project located within or near the City if
still located within the State of Arkansas; 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 West
Memphis, Arkansas:
SECTION 1. That there be, and there is hereby called, a special election to beheld on
the 8'i' day of November, 2011, 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 Z. That the question of levying 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 0.25% local sales and use tax within the City of West Memphis,
Arkansas, for economic development projects not to exceed $ 4 OOO, ~ to be
terminated on the first day of the calendar quarter following the xe piration of ninety
(90) days after the City of West Memphis certifies it has received $ ~{_~op~
^ AGAINST adoption of a 0.25% local sales and use tax within the City of West
Memphis, Arkansas, for economic development projects not to exceed
$ y , ~; C~~yj to be terminated on the first day of the calendar quarter following
the expiration of ninety (90) days after the City of West Memphis certifies it has
received $ ~~ pGL7
SECTION 3. That the election shall beheld 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 82 of the Arkansas Code of 1987 Annotated (the
"Authorizing Legislation"), as well as A.C.A. §§7-11-201 - 7-11-205, 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.
A person desiring to challenge the results of an election as published in the proclamation shall
file the challenge in the Circuit Court of Crittenden County within thirty (30) days of the date of
publication of the proclamation.
SECTION 5. That a copy of this Ordinance shall be filed with the Crittenden County
Clerk and notice 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 the
ordinance authorizing the levy of the Sales and Use Tax shall also be provided to the Director of
the Department of Finance and Administration as soon as practical after the adoption of the
ordinance.
SECTION 6. 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 special
election as herein provided.
SECTION 7. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of any such conflict.
SECTION 8. EMERGENCY CLAUSE. It is hereby ascertained and declared that
L
there is a great need for economic development and to provide funding to pay project costs of
economic development projects located within or near the City of West Memphis in order for the
economic development of the City of West Memphis to be competitive with surrounding areas
and to encourage investment, job creation, wages in excess of the state or county average wages,
development of targeted industries, and economic development projects with abenefit-to-cost
ratio greater than two (2) as determined by the Arkansas Economic Development Commission.
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 full force and effect
immediately from and after its passage.
PASSED AND APPROVED this /S day of .SGPTEMB~~Z , 2011.
WILLIAM H. J NSON, MAYOR
ATTEST:
PHILLIP- ,CITY CLERK
SPONSORED BY:
. ' ~ G...-
RECE~~E
City Cl~~~c'~ ~~~~~a~~
Date/Tirr~~_ °..~,1?e:.1(_ C~- II : ~S ~,.~-
By ~,~~