ORD NO 04-2006 ORDINANCE NO.
AN ORDINANCE CALLING A SPECIAL ELECTION IN
VAN BUREN, ARKANSAS ON THE QUESTION OF
LEVYING A CITY -WIDE ONE -HALF OF ONE PERCENT
(0.5 SALES AND USE TAX FOR THE PURPOSE OF
FINANCING THE COSTS OF LIBRARY FACILITIES;
DEFINING THE TERM "SINGLE TRANSACTION AND
PRESCRIBING OTHER MATTERS PERTAINING
THERETO.
WHEREAS, the City Council of the City of Van Buren,
Arkansas (the "City has passed on 15 2006, Ordinance
No. 7 i the "Tax Ordinance pro (ding for the levy of a one
half of one percent (0.5 sales and use tax within the City for a
period of sixteen (16) months (the "Sales and Use Tax for the
purpose of financing the cost of library facilities, including
particularly, without limitation, acquiring, constructing,
equipping and furnishing library facilities, and any necessary land
acquisition and parking, street drainage and utility improvements
relating thereto or in support thereof (collectively, "Library
Facilities and
WHEREAS, the Sales and Use Tax is to be levied and
collected on the gross receipts, gross proceeds or sales price for
each single transaction in the maximum amount allowed from time to
time by Arkansas law; 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 and to define the term "single transaction
NOW, THEREFORE, BE IT ORDAINED by the City Council of
the City of Van Buren, Arkansas:
Section 1. There be, and there is hereby called, a
special election to be held on July 11, 2006, at which election
there shall be submitted to the electors of the City the question
of the levy of the Sales and Use Tax to acquire, construct, equip
and furnish Library Facilities.
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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:
0.5% SALES AND USE TAX FOR LIBRARY FACILITIES
FOR adoption of a one -half of one percent (0.5 local
sales and use tax within the City of Van Buren for a
period of sixteen (16) months for the purpose financing
the cost of library facilities, including particularly,
without limitation, acquiring, constructing, equipping
and furnishing library facilities, and any necessary
land acquisition and parking, street drainage and
utility improvements relating thereto or in support
thereof
AGAINST adoption of a one -half of one percent (0.5
local sales and use tax within the City of Van Buren
for a period of sixteen (16) months for the purpose
financing the cost of library facilities, including
particularly, without limitation, acquiring,
constructing, equipping and furnishing library
facilities, and any necessary land acquisition and
parking, street drainage and utility improvements
relating thereto or in support thereof
If the tax is approved, the net collections of the tax after
deduction of the administrative charges of the State of Arkansas,
will be used solely for the purposes set forth above. The
effective date of the tax will be the day following the date that
the City's existing one -half of one percent (0.5 sales and use
tax levied in 2005 for the sole purpose of retiring bonds expires.
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 unless otherwise
provided in Title 14, Chapter 164, Subchapter 3 of the Arkansas
Code of 1987 Annotated 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 the Proclamation shall be published
one time in a newspaper published in the City and having a general
circulation therein, 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 given to
the Crawford County Board of Election Commissioners so that the
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necessary election officials and supplies may be provided. A
certified copy of this Ordinance and the Tax 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, be and they 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 Sales 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. The Sales and Use Tax shall be levied and
collected on the gross receipts, gross proceeds or sales price for
each single transaction, in the maximum amount allowed from time to
time by Arkansas law. "Single transaction" is defined according to
the nature of the goods purchased as follows:
a. When two or more devices in which, upon which or by
which any person or property is, or may be, transported or drawn,
including but not limited to, on -road vehicles, whether required to
be licensed or not, farm vehicles, off -road vehicles, airplanes,
water vessels, motor vehicles, or non motorized vehicles, and
mobile homes, are sold to a person by a seller, each individual
unit, whether part of a "fleet" sale or not, shall be treated as a
single transaction for the purpose of the Sales and Use Tax.
b. The charges for any utility services, which are
subject to the Sales and Use Tax, and which are furnished on a
continuous service basis, whether such services are paid daily,
weekly, monthly or annually, shall be computed in daily increments,
and each such daily charge increment shall be considered to be a
single transaction for the purpose of the Sales and Use Tax.
c. For sales of building materials and supplies to
contractors, builders or other persons, a single transaction for
the purpose of the Sales and Use Tax, shall be deemed to be any
single sale which is reflected on a single invoice, receipt or
statement, on which an aggregate sales (or use) tax figure has been
reported and remitted to the State of Arkansas.
d. When two or more items of major household
appliances, commercial appliances, major equipment and machinery
are sold, each individual unit shall be treated as a single
transaction for the purpose of the Sales and Use Tax.
e. For groceries, drug items, dry goods and other
tangible personal property and /or services not otherwise
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expressly covered in this Section 7, a single transaction shall be
deemed to be any single sale which is reflected on a single
invoice, receipt or statement, on which an aggregate sales tax
figure has been reported and remitted to the State of Arkansas.
Section 8. In the event the General Assembly shall
define "single transaction," the General Assembly's definition
shall replace the one in Section 7 hereof.
Section 9. All ordinances and parts thereof in conflict
herewith are hereby repealed to the extent of such conflict.
PASSED: hi? lc 2006.
APPROVED:
ATTEST Q��
Yom{ L74 d
Mayor
City Clerk
(SEAL)
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