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ORD NO 06-2012 ORDINANCE NO. 1 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE LEVY OF A ONE HALF OF ONE PERCENT (0.50 SALES AND USE TAX WITHIN THE CITY OF VAN BUREN, ARKANSAS; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. WHEREAS, the City Council of the City of Van Buren, Arkansas (the "City has determined that there is a need for a source of revenue to be used for the following: (a) to pay and secure the repayment of bonds approved by the voters and issued by the City from time to time to finance capital improvements, (b) for fire, police and other emergency services purposes, (c) for park and recreational purposes and (d) for economic development purposes; and WHEREAS, Title 26, Chapter 75, Subchapter 2 of the Arkansas Code of 1987 Annotated (the "Authorizing Legislation provides for the levy of a city -wide sales and use tax at the rate of 0.125 0.25 0.5 0.75% or 1 or any combination thereof; and WHEREAS, the City is currently levying a one percent (1 sales and use tax under the authority of the Authorizing Legislation; and WHEREAS, the City Council has proposed the levy of an additional city -wide sales and use tax at the rate of 0.50% under the authority of the Authorizing Legislation, the net collections of which will be used for the purposes described above; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Van Buren, Arkansas: Section 1. Under the authority of the Authorizing Legislation, there is hereby levied a 0.50% tax on the gross receipts from the sale at retail within the City of all items which are subject to the Arkansas Gross Receipts Act of 1941, as amended (A.C.A. §26 -52 -101, et seq.), and the imposition of an excise (or use) tax on the storage, use, distribution or other consumption within the City of tangible personal property subject to the Arkansas Compensating Tax Act of 1949, as amended (A.C.A. §26 -53 -101, et seq.), at a rate of 0.50% of the sale price of the property or, in the case of leases or rentals, of the lease or rental price (collectively, the "Sales and Use Tax Section 2. The Sales and Use Tax shall be levied, and the net collections received after deduction of the administrative charges of the State of Arkansas and required rebates shall be used for the following: (a) to pay and secure the repayment of bonds approved by the voters and issued by the City from time to time to finance capital improvements, (b) for fire, police and other emergency services purposes, (c) for park and recreational purposes and (d) for economic development purposes. The levy of the Sales and Use Tax is not dependent on any bonds being approved or issued and if no bonds are approved and issued, the net collections of the Sales and Use Tax will only be used for the purposes described in clauses (b), (c) and (d) above. Section 3. The Sales and Use Tax shall be levied and collected on the gross receipts, gross proceeds or sales price in the maximum amount allowed from time to time under Arkansas law, subject to rebates and limitations as required for certain single transactions as from time to time required by Arkansas statutes. Section 4. All ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Ordinance shall not take effect until an election is held on the question of levying the Sales and Use Tax at which a majority of the electors voting on the question shall have approved the levy of the Sales and Use Tax. PASSED: t L 1 t 2012 AP eVED: ATTEST: (_€t.. r City Clerk (SEAL) 2