2127ORDINANCE NO. a la ~
AN ORDINANCE FOR THE PURPOSE OF SETTING A SPECIAL
ELECTION, PURSUANT TO ARKANSAS ACT 1151 OF 2005, ON
WHETHER WAGERING ON ELECTRONIC GAMES OF SKILL, AS
DEFINED BY THE ACT, SHALL BE PERMITTED AT SOUTHLAND
GREYHOUND PARK.
WHEREAS, Act 1151 of 2005, enacted in regular session by the 85th General
Assembly of the State of Arkansas ("Act 1151 "), authorizes greyhound racing and horse racing
parks located in Arkansas to offer wagering on additional electronic games of skill in
accordance with the Act, subject to the approval of such wagering by the voters in the cities or
counties where those parks are located; and
WHEREAS, Act 1151 provides that wagering on electronic games of skill shall not be
conducted unless submitted, at any general or special election, to the electors of the city, town
" or county in which the racetrack park site is located and approved by a majority of the electors
voting on the question; and
WHEREAS, Act 1151 provides that the governing body of a city, town or county,
where the racetrack park is located shall by ordinance submit the question to the electors if
requested by the franchise holder; and
WHEREAS, Act 1151 provides that if the franchise holder of the racetrack park makes
a request for an election it shall present to the governing body evidence of anticipated benefits
to economic development, job creation, tourism, and agribusiness which may result, directly or
indirectly, from the authorization of wagering on electronic games of skill; and
WHEREAS, Southland Racing Corporation has requested that the West Memphis City
Council, as the governing body of the city, enact an ordinance setting a special election for the
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purpose of permitting qualified electors to vote on the question of whether electronic games of
skill shall be permitted at Southland Greyhound Park; and
WHEREAS, Southland Racing Corporation has presented to the West Memphis City
Council evidence of anticipated benefits to economic development, job creation, tourism and
agribusiness that may result, directly or indirectly, from the authorization of wagering at
electronic games of skill at Southland Greyhound Park; and
WHEREAS, Southland Racing Corporation has not previously during the calendar year
2005 made a request that the City Council enact an ordinance setting a special election on the
question of whether electronic games of skill shall be permitted at Southland Greyhound Park;
and
WHEREAS, Act 1151 provides that the holder of a state racing franchise shall pay the
cost incurred by the city, town or county involved in conducting the special election pursuant
to the franchise holder's request; and
WHEREAS, Southland Racing Corporation has given the West Memphis City Council
its commitment to pay the cost incurred by the city in conducting the special election; and
WHEREAS, Southland Racing Corporation has requested that the West Memphis City
Council by ordinance adopt the following ballot question in accordance with the Act,
For wagering on electronic games of skill conducted by Southland Racing
Corporation on the grounds of its racetrack park site in West Memphis
Against wagering on electronic games of skill conducted by Southland Racing
Corporation on the grounds of its racetrack park site in West Memphis
As authorized by Arkansas Code Section 23-113-201, the question presented is
whether or not wagering on electronic games of skill may be conducted by
Southland Racing Corporation on the grounds of its racetrack park site in West
Memphis, Arkansas, under the provisions of Chapter 113 of Title 23 of the
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Arkansas Code. Vote for or against the question by marking the appropriate box
above. "Electronic games of skill" means games played through any electronic
device or machine that affords an opportunity for the exercise of skill or judgment
where the outcome is not completely controlled by chance alone."
anfl;
WHEREAS, notice of the special election shall be given by the West Memphis City
Clerk by publication, not less than ten (10) calendar days before the election, in a newspaper
having general circulation in the City of West Memphis; and
WHEREAS, the special election established by this ordinance shall be held no earlier
than thirty-one (31) calendar days, and no later than one hundred twenty calendar days, after
the effective date of this ordinance; and
WHEREAS, within thirty (30) calendar days after completion of the tabulation of the
votes in the special election established by this ordinance, the Mayor of West Memphis shall
proclaim the results of the election by issuing a proclamation and publishing it one (1) time in a
newspaper having general circulation in West Memphis;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT:
SECTION 1: A special election for the electors of the City of West Memphis,
Arkansas, shall be held on November 8, 2005 which is no sooner than 31 calendar days and no
later than 120 calendar days from the date of this ordinance.
SECTION 2: The ballot question in the special election to be held in accordance with
Section 1 shall read as follows:
For wagering on electronic games of skill conducted by Southland Racing
Corporation on the grounds of its racetrack park site in West Memphis _
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Against wagering on electronic games of skill conducted by Southland Racing
Corporation on the grounds of its racetrack park site in West Memphis
As authorized by Arkansas Code Section 23-113-201, the question presented is
whether or not wagering on electronic games of skill may be conducted by
Southland Racing Corporation on the grounds of its racetrack park site in West
Memphis, Arkansas, under the provisions of Chapter 113 of Title 23 of the
Arkansas Code. Vote for or against the question by marking the appropriate box
above. "Electronic games of skill" means games played through any electronic
device or machine that affords an opportunity for the exercise of skill or judgment
where the outcome is not completely controlled by chance alone."
SECTION 3: Notice of the special election shall be given by the West Memphis City
Clerk by publication, not less than ten (10) calendar days before the election, in a newspaper
having general circulation in the city of West Memphis.
SECTION 4: Within thirty (30) calendar days after completion of the tabulation of the
votes in the special election established by this ordinance, the Mayor of West Memphis shall
proclaim the results of the election by issuing a proclamation and publishing it one (1) time in a
newspaper having general circulation in West Memphis.
SECTION 5: Repealer. All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of any such conflict.
PASSED AND APPROVED this ~'Sday of S~,ATE/V14QG~ , 2005.
ATTEST:
PHILLI ,CITY CLERK
WILLIAM H. JOHNS ,MAYOR
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SPONSORED BY:
RECEIVED
City Clerk's Office
Date/Time $ ~-~ b5 8: i®~-m
Bye u~u.~a~~p
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