1553t
ORDINANCE NO. rSS~
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l
AN ORDINANCE TO APPROVE AN INTERLOCAL
AGREEMENT BETWEEN THE COUNTY OF
CRITTENDEN AND THE CITY
OF G'EST P1F~IPHIS, ARl~T1SAS
DECLARING A STATE OF EMERGENCY; AND FOR
OTHER PURPOSES.
BE IT ENACTED BY THE COUNCIL OF THE CITY
OF L,lEST P~'IPHIS ARKANSAS
SECTION 1. By Crittenden County Ordinance No.
1987-10, a county-wide 1% sales and use tax was enacted with
voters approving a distribution of.50g to the county govern-
ment and 50~ to the municipalities on a pro-rata basis.
SECTION 2. Between January 1990 and July 1992,a the
State Treasurer made a direct distribution based on the vote
of the people, but has made a determination that the contin-
ued .distribution other than per capita can only be effectu-
ated by the adoption of an interlocal agreement pursuant to
A.C.A. 26-74-214.
SECTION 3. An interlocal agreement has been prepared
and approved as to form by the Attorney General of the State
of Arkansas and should be entered into and forwarded to the
State Treasurer. The said agreement is hereby ratified and
shall be executed as required by law.
SECTION 4. Emergency Clause. It is hereby found and
determined by the City Council of The City of Glest Memphis, Arkansas
(Quorum Court of Crittenden County) that an immediate need
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exists to provide the State Treasurer with the authority to
distribute sales and use taxes in accordance with the vote of
the citizens of Crittenden County. In order to preserve the
public health, safety and welfare, and emergency is hereby
declared to exist and this Ordinance shall be effective im-
mediately upon passage and approval.
AN INTERLOCAL AGREEMENT TO CONFIRM
THE LOCAL DISTRIBUTION OF THE COUNTY-
WIDE SALES AND USE TAX IN CRITTENDEN
COUNTY, ARKANSAS
WHEREAS, on September 30, 1987 the voters of Critten-
den County voted in favor of the adoption of a county-wide 1%
sales and use tax, as referred to the people by county Ordi-
nance No. 1987-10, and
WHEREAS, by the ballot title of said Ordinance, 500
of the sales and use tax proceeds shall be deposited with the
county government and 50o is shared by the municipalities on
a pro-rata basis, and
WHEREAS, between January 1990 and July 1992, the
State Treasurer has been making a direct distribution to the
county and cities/towns based on the vote of the people, and
WHEREAS, the State Treasurer has made a determination
that pursuant to Ark. Code Ann. 26-74-214, an interlocal
1
agreement is necessary in order for the state to distribute
the monthly proceeds on other than a per capita basis, and.
WHEREAS, Ark. Code Ann. 25-20-101 et seq and
14-14-910 are the appropriate statutes authorizing public en-
tities to enter into an interlocal agreement, and in order to
effectuate the vote of the people of Crittenden County and to
comply with state law mandating the State Treasurer's mode of
distribution, it would be proper and appropriate for the
County of Crittenden and each municipality therein to enter
into this agreement.
THEREFORE, the County of Crittenden, City of West
Memphis, City of Marion, City of Earle, City of Turrell, City
of Crawfordville, Town of Sunset, Town of Gilmore, Town of
Edmondson, Town of Horseshoe Lake, Town of Jericho and Town
of Jennette, agree as follows.
1. The duration of the agreement shall be perpetual.
2. There shall be no separate legal or administra-
tive entity created by this agreement.
3. The purpose of this agreement shall be to comply
with the provision of Ark. Code Ann. 26-74-214 so that the
State Treasurer can continue monthly distribution of the
county-wide sales and use tax directly to the county govern-
ment and each municipality based on the vote of referred Or-
dinance 1987-10, rather than a per-capita basis.
4. This agreement shall not require the financing of
a joint or cooperative undertaking, and therefore, will not
require the establishment or maintenance of a budget.
5. The termination of this agreement can only be ac-
complished by a vote of the people of Crittenden County ei-
ther amending or repealing Ordinance No. 1987-10.
6. The treasurer of the county and of each mu-
nicipality shall be the administrator responsible for admin-
istering this undertaking.
7. The parties hereto shall not acquire, hold or
dispose of any real estate, and each party shall be
responsible for the disposition of its share of the sales and
use tax proceeds after receipt from the State Treasurer.
8. This Agreement shall not relieve the county or
any municipality of any obligation imposed upon it by law.
9. This Agreement shall have full force and effect
~ after its adoption by the legislative body of each entity a
party hereto.
ADOPTED THIS day of 1992.
ATTEST:
COUNTY CLERK
ATTES
CITY CL
ATTEST:
CITY CLERK
ATTEST:
CITY CLERK
CRITTENDEN COUNTY
COUNTY JUDGE
TY OF WEST
CITY OF MARION
S
MAYOR
CITY OF EARLE
MAYOR
CITY OF TURRELL
F
~In-
ATTEST:
CITY CLERK
ATTEST:
CITY CLERK
ATTEST:
TOWN RECORDER
ATTEST:
TOWN RECORDER
ATTEST:
TOWN RECORDER
ATTEST:
TOWN RECORDER
MAYOR
CITY OF CRAWFORDSVILLE
MAYOR
TOWN OF GILMORE
MAYOR
TOWN OF JERICHO
MAYOR
TOWN OF SUNSET
MAYOR
TOWN OF HORSESHOE LAKE
MAYOR
TOWN OF JENNETTE
ATTEST:
TOWN RECORDER
MAYOR
TOWN OF EDMONDSON
1b
ATTEST:
TOWN RECORDER
MAYOR