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ORD NO 07-2012 ORDINANCE NO. 2 ORDINANCE NO. q �O AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF VAN BUREN, ARKANSAS ON THE QUESTION OF LEVYING A CITY -WIDE ONE -HALF OF ONE PERCENT (0.50 SALES AND USE TAX; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. WHEREAS, the City Council of the City of Van Buren, Arkansas (the "City has passed on A p L k (Q 2012, Ordinance No. 6-2 -C IX (the "Tax Ordinance providing for the levy of a 0.50% sales and use tax within the City (the "Sales and Use Tax and WHEREAS, the purpose of this Ordinance is to call a special election on the question of the levy of the Sales and Use Tax; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Van Buren, Arkansas: Section I. There is hereby called a special election to be held on July 10, 2012, at which election there shall be submitted to the electors of the City the question of the levy of the Sales and Use Tax. Section 2. The question of levying the Sales and Use Tax shall be placed on the ballot for the election in substantially the following form: 0.50% SALES AND USE TAX Adoption of a 0.50% local sales and use tax within the City of Van Buren, the net collections of which remaining after deduction of the administrative charges of the State of Arkansas and required rebates will 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 police, fire and other emergency services purposes, (c) for park and recreational purposes and (d) for economic development purposes. The levy of the tax is not dependent on any bonds being approved or issued and if no bonds are approved and issued, the net collections of the tax will only be used for the purposes described in clauses (b), (c) and (d) above. FOR AGAINST Section 3. The election shall be held and conducted and the vote canvassed and the results declared under the law and in the manner now provided for municipal elections and only qualified voters of the City shall have the right to vote at the election. Section 4. The results of the election shall be proclaimed by the Mayor, and such Proclamation shall be published one time in a newspaper having a general circulation in the City, which Proclamation shall advise that the results as proclaimed shall be conclusive unless attacked in the courts within thirty days after the date of publication. Section 5. A copy of this Ordinance shall be (a) filed with the Crawford County Clerk at least 60 clays prior to the election date and (b) given to the Crawford County Board of Election Commissioners so that the necessary election officials and supplies may be provided. A certified copy of this Ordinance shall also be provided to the Commissioner of Revenues of the State of Arkansas as soon as practical. Section 6. The Mayor and City Clerk, for and on behalf of the City, are hereby authorized and directed to do any and all things necessary to call and hold the special election as herein provided and, if the levy of the Sales and Use Tax is approved by the electors, to cause the Saks and Use Tax to be collected, and to perform all acts of whatever nature necessary to carry out the authority conferred by this Ordinance. Section 7. All ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 8. The provisions of this Ordinance are separable and if a section, phrase or provision shall be declared invalid, such declaration shall not affect the validity of the remainder of the Ordinance. PASSED:kr I L to 2012. AP RO ED: ATTEST: j o ttAtii Mayor City Clerk (SEAL) 1 2 CERTIFICATE The undersigned, City Clerk of the City of Van Buren, Arkansas, hereby certifies that the foregoing pages are a true and perfect copy of Ordinance No. 7 passed at a regular session of the City Council of the City of Van Buren, Arkansas, held at the regular meeting place of the City Council at 7 :co o'clock p.m., on the l day of R-p r 2012, and that the Ordinance is of record in Ordinance Record Book No. Page now in my possession. GIVEN under my hand and seal this i day of jfl L 2012. City Clerk (SEAL) 3