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1696ORDINANCE NO. ~DI 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 W I TH I N THE C I TY 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 anti 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 f ~ 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 mi 1 1 on the dc~l lar upon the assessed value of the real and personal property within the City; and WHEREAS, the annual tax as levied b,v- 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 tai 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, Act 1266 of 1995 created and established the Arkansas Fire and Police Pension Guarantee Fund and protTides that in order to receive any financial assistance from the Arkansas Fire and Police Pension Guarantee Fund, the local fund must be receiving a dedicated millage of one {1) mill; and WHEREAS, the City Council of the City of West Memphis has determined that the question of levying an additional annual ta.c 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 and qualifying for financial assistance from the Arkansas Fire and Police Pension Guarantee 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 o~auD day of ___~~u ~_ 195 > > the question of levying an additional annual taY 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: 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 0 AGAINST ONE MILL ANNUAL TAX LEVY FOR FIREMEN'S PENSION AND RELIEF FUND 0 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 special election as hereinabove set forth. ~. 4 ~' 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 necessary legislation to implement the expression of the electors of the City. PASSED AND APPROVED this ~"~} day of ~cst_..y , 1995. l.Y~~--_ AL BOALS, MAYOR SPONSORED BY: f ,N[ar ,Mt u w ~• •,^kAN1~a . CI'~Y O~ W~~~ M~MP~II~ 205 S. Redding, P.O. Box 1728, West Memphis, Arkansas 72303 David Peeples TELEPHONE "City Attorney (501) 732-7515 TO: Cindy Greenwood ~~ FAX: (501)732-7504 ~• FROM: David C. Peeples ~~`' RE: Revisions to ordinance for the millage increase regarding the firemen's pension and relief fund DATE: July 7, 1995 M E M O Attached is the revised page three of the ordinance calling for the election to increase the millage for the fireman's pension and relief fund. As mentioned at the City Council meeting, I have made the revisions to change "general" to "special" in Section 6. Also, in Section 3 the word "levy" was inadvertently omitted from the line for voting against the tax and it has been added so that the lines for voting for or against the tax will read consistently. An Equal Opportunity Employer • * r~ u i CITY Off' W~~~' M~MpI~I~S 205 S. Redding -West Memphis, Arkansas 72301 - (501) 735-2720 July 7, 1995 Mr. Lindsey Fairley Crittenden County Board of Election Commissioners 201 W. Bond West Memphis, AR 72301 Dear Mr. Fairley: At a regular scheduled City Council meeting on July 6, 1995, the West Memphis City Council adopted Ordinance Number 1696, 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 of funding the Fireman'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 oi: Arkansas. We ask that the Election Commission make the proper arrangements so that the necessary election officials and supplies may be provided and that this matter shall appear on the ballot in the Special Election on the 22nd day of August, 1995 as set forth. If you have any questions, or if I may be of further assistance to you, please let me know. Thank you for your assistance with this matter. Sincerely, c ~.~ ~,...w,~°-~e- Cindy Greenwood Sr. Deputy City Clerk An Equal Opportunity Employer ORDINANCE N0. ~~ 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 elec~ion, the City of west Iv(emphis 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, Act 1266 of 1995 created and established the Arkansas Fire and Police Pension Guarantee Fund and provides that in order to receive any financial assistance from the Arkansas Fire and Police Pension Guarantee Fund, the Iocal fund must be receiving a dedicated millage of one (1) mill; and WHEREAS, the City Council of the City of West Memphis has determined that the question of levying an additional annual tat 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 Citv for the purpose of funding the Firemen's Relief and Pension Fund and qualifying for financial assistance from the Arkansas Fire and Police Pension Guarantee 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 ~auD day of _~us-~ 195 , the question of levying an additional annual tat from 0.4 mills on the dollar to one mill on the dollar upon the assessed value of the real anti 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 folIows:' "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: 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 LEVY 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 special 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 biemphis, Arkansas, the City Council shall take necessary action to pass necessary legislation to implement the expression of the electors of the City. PASSED AND APPROVED this ~ day of ~csc~y 1995. CX^- AL BOALS, b1AYOR SPONSORED BY: CERTIFICATE STATE OF ARKANSAS ) •• (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 No. 1696 An Ordinance providing for the submi sion o h n~ai;f;A~ o, r•thP City of West Memphis, Arkansas, the question of levying an additional annual x rom •mill on the dollar to one mill on the dollar upon the assissed value of the Real and Personal Property within the City for the purpode funding the Firemen's Relief and Pension Fund in accordance with the constitution... as the same appears in the official records of. •said City. IN ~'lITNESS WHEREOF, I have hereunto set my hand as City Clerk of the City of S'Test Aienphis, Arkansas, and the Official Seal of said City, on this 7th day of _ July , 19 95 ~~ o • J1/~~~~sy`' a CITY CLERK, CI1~~OF~YES~ b1E1fPHIS CRITTENDEN COUNTY, A~{KANSAS NOTICE OF ELECTION Notice is hereby given that on August 22, 1995, an election will be held at which the registered voters of the City of West Memphis, Arkansas, will be entitled to vote to determine whether or not the following measure is to be adopted or rejected: 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. AL BOALS, MAYO p DATID: ~ ~ `~