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ORD NO 12-2007 CITY OF VAN BUREN, ARKANSAS 0 ORDINANCE NO. 1 -2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND ORDINANCE NO. 8 -1988 TO ESTABLISH THE MAXIMUM SALES AND USE TAX PER SINGLE TRANSACTION, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren, pursuant to a special election on May 3, 1988, and Ordinance No. 8 -1988, adopted a 1% local sales and use tax within the city limits; and WHEREAS, the City of Van Buren provides a cap on sales and use tax per single transaction as setforth in Ordinance No. 4 -2006 3 -16 -03 of the VAN BUREN MUNICIPAL CODE); and WHEREAS, section 1 of Ordinance No. 8 -1988 needs to be technically corrected to conform to various amendments made to the Van Buren Municipal Code to date; and WHEREAS, time is of the essence and an emergency has been determined to exist; NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: Ordinance No. 8 -1988, Sec. 1 is hereby amended as follows: Levy of Sales and Use Tax. As authorized by Act 25 of 1st Extraordinary Session of 1981, as amended by Acts 726 and 802 of 1983, there is hereby levied a sales and use tax at the rate of one percent (1 on the receipts from the sale at retail within the City of Van Buren, Arkansas, on all such items which are subject to taxation under the Arkansas Gross Receipts Tax Act, Act 386 of 1941 of the Acts of Arkansas, as amended, I rs only as to the first 2,500 of gross proceeds, gross receipts or sales from any `single transaction as that term is defined by Ordinance Nos. 9 -1988 and 4 -2006. SECTION 2: Emergency Clause. The ability to levy and collect the city's 1% sales and use tax and to properly apply the single transaction limitation is essential to the public health, safety and welfare, and this goal can be met by enactment of this ordinance; an emergency is therefore, declared to exist and this ordinance shall be in full force and effect from and after the date of its passage. SECTION 3: The various provisions and parts of this Ordinance are hereby declared to be severable, and, if any section or part of a section, or any provision or part of a provision herein, is declared to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and 0 against, the foregoing Ordinance at its meeting held on the 21st day of May 2007. Robert D. Freeman, Mayor ATTE�2L&t STED: 6,647 L Barbie Curtis, City Clerk/Treasurer 0 AP "'OV i AS TO FORM: fai N. II =Id Jen ins Jr., i y Attorney CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 0 -1988 AN ORDINANCE PROVIDING FOR THE LEVY OF A LOCAL SALES AND USE TAX AT THE RATE OF ONE PERCENT (1%) ON RECEPITS FROM RETAIL SALES WITHIN THE CITY OF VAN BUREN, ARKANSAS, PROVIDING FOR A SPECIAL ELECTION ON MAY 3, 1988, PROVIDING THE EMERGENCY CLAUSE AND FOR OTHER PURPOSES. WHEREAS, There is a great need for immediate improvement of municipal services and a stable source of revenue to finance such vital local government services; and WHEREAS, Act 25 of 1st Extraordinary Session of 1981, as amended by Acts 726 and 802 of 1983, provides for the local option of adoption of a city -wide sales and use tax: 0 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: THAT, Section 1: Levy of Sales and Use Tax. As authorized by Act 25 of 1st Extraordinary Session of 1981, as amended by Acts 726 and 802 of 1983, there is hereby levied a sales and use tax at the rate of one percent (1 on the receipts from the sale at retail within the City of Van Buren, Arkansas, on all such' items which are subject to taxation under the Arkansas Gross Receipts Tax Act, Act 386 of 1941 of the Acts of Ark- ansas, as amended, subject to a maximum of $25.00 for a single transaction. Section 2: Special Election. Said Question of the levy of a sales and use tax as provided in Section 1 hereof shall be submitted to a vote of the citizens of Van Buren, Arkansas, by special election to be held on May 3, 1988. x Section 3: Emergency Clause. That the City Council for the City of Van Buren, Arkansas, has determined that there is a great need to establish a stable source of revenue to finance vital municipal services, and this Ordinance being necessary for the preservation of the health, safety, and welfare of the citizens of Van Buren, Arkansas, shall become law immediately upon its passage, approval and' publication. PASSED AND APPROVED THIS 21ST DAY n7 MaAru 1000