0770
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ORDINANCE NO. 770 (3-85)
AN ORDINANCE LEVYING A GROSS RECEIPTS TAX, CREATING THE CITY OF
JACKSONVILLE ADVERTISING AND TOURIST PROMOTION FUND, AND THE CITY
OF JACKSONVILLE ADVERTISING AND TOURIST PROMOTION COMMISSION, AND
FOR OTHER PURPOSES.
WHEREAS, pursuant to Ark. Stat. Ann. SS19-4613 through
19-4617 (Supp. 1973), a city of the first class is authorized to
levy a one percent (1%) gross receipts tax upon renting, leasing
or otherwise furnishing of hotel or motel accommodations, and
upon the proceeds of restaurants, cafes and cafeterias within the
corporate limits of such cities; and to create a fund to be known
as the City Advertising and Tourist Promotion Fund to be used
exclusively for advertising and promoting such city and its
environs and/or for the extension, equipment, improvement, main-
tenance, repair and operation of a convention center or conven-
tion centers in such city, and facilities necessary for,
supporting or otherwise pertaining to, a convention center in the
manner as determined by a City Advertising and Tourist Promotion
Commission, and the creation and implementation of said
Commission; and that
WHEREAS, the City of Jacksonville feels that it is in the
best interest of the City to enact an Ordinance implementing said
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE
THE CITY OF JACKSONVILLE, ARKANSAS:
CITY COUNCIL
OF
SECTION 1. Definitions.
A. Gross Receipts Tax. A tax of one percent (1%) upon the
gross receipts or gros"s proceeds from renting, leasing or other-
wise furnishing of motel or hotel accommodations and upon the
gross receipts or gross proceeds of restaurants, cafes and cafe-
terias in the City of Jacksonville, Arkansas.
B. Hotel or Motel Accommodations. The renting, leasing or
otherwise furnIshing of- accommodations in hotels or motels upon a
day to day basis or a week to week basis. Provided, however,
that this shall not include the renting, leasing or furnishing of
accommodations upon month to month tenancies or tenancies of a
longer duration.
C. Restaurants, C?fes and Cafeterias. Any establishment
engaged in the business of selling prepared food for consumption
on the premises, and shall include the gross receipts upon all
such sales of prepared foods or any type of beverages sold on
said premises.
D. Advertising and Tourist Promotion. Any activity con-
nected with "tourism: -<-------
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SECTION 2. Gross Receipts Tax.
From and after the passage and approval of this Ordinance,
a tax in the sum of one percent (1%) shall be levied upon the
gross receipts or gross proceeds upon the renting, leasing or
otherwise furnishing of hotel or motel accommodations for profit,
and upon the gross receipts or gross proceeds of restaurants,
cafes and cafeterias within the corporate limits of the City of
Jacksonville, Arkansas. The tax herein levied shall be paid by
the persons, firms or corporations liable therefor, and shall be
collected by the City Advertising and Tourist Promotion
Commission in the same manner and at the same time as the gross
receipts tax levied by Act 386 of 1941, as amended. All the pro-
visions of Act 386 of 1941, as amended, and the rules, and
regulations and forms promulgated and prescribed by the
Commissioner of Revenues pursuant to said act shall, so far as
practicable, be applicable with respect to the enforcement and
collection of the tax levied pursuant to this Ordinance.
SECTION 3. Taxable Businesses.
The City Advertising and Tourist Promotion Commission shall
prepare and maintain a current list of the business
establishments in the City of Jacksonville, subject to the above
tax.
SECTION 4. Creation of City Advertising and Tourist
Promotion Fund.
A. The funds received by the City of Jacksonville
Advertising and Tourist Promotion Commission, under the provi-
sions of this Ordinance shall be paid into a fund to be known as
the City of Jacksonville Advertising and Tourist Promotion Fund.
The monies so collected shall be used exclusively for the adver-
tising and promotion of the City of Jacksonville, Arkansas, and
its environs and/or for the extension, equipment, improvement,
maintenance, repair and operation of a convention center or con-
vention centers in such City, and facilities necessary for, sup-
porting or otherwise pertaining to, a convention center in the
manner as shall be determined by the City Advertising and Tourist
Promotion Commission.
B. All revenues received by the City of Jacksonville
Advertising and Tourist Promotion Commission pursuant to Ark.
Stat. Ann. ~~19-4613 through 19-4617 (Supp. 1973) shall be
"special revenues", and shall be deposited by the City
Advertising and Tourist Promotion Commission in such bank account
or accounts as may be designated by the City of Jacksonville
advertising and Tourist Promotion Commission.
SECTION 5. Creation of City Advertising and Tourist
Promotion Commission.
A. The City of Jacksonville advertising and Tourist
Promotion Commission is hereby created. The said Commission shall
be composed of seven (7) members who shall be qualified electors
of the City of Jacksonville, Arkansas. Four (4) members shall
be hotel, motel or restaurant owners or managers who shall be
appointed by the Mayor with the approval of the governing body of
the City, for staggered terms of four (4) years. All successors
shall be appointed in the same prescribed manner whenever a
vacancy occurs. The remaining three (3) members of the
Commission shall be the Mayor and two (2) members of the
governing body of the City selected by the governing body. The
four (4) hotel, motel or restaurant members appointed by the
Mayor shall, at the first meeting of the Commission, draw lots
for terms so that one (1) of such members will serve for a term
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of one (1) year, one (1) shall serve for a term of two (2) years,
one (1) shall serve for a term of three (3) years, and one (1)
shall serve for a term of four (4) years, and all successors to
such members shall be appointed for terms of four (4) years. In
the event of a vacancy occurring on said Commission, it shall be
filled by appointment by the Mayor, subject to the approval of
the City Council. Each Commissioner shall file the oath,
required by law in the State of Arkansas, of public officials.
Each Commissioner shall furnish to the City of Jacksonville a
FIVE THOUSAND DOLLAR ($5,000.00) surety bond that will serve to
insure the City against misappropriation or mishandling of funds.
The surety on said bond shall be a reputable surety corporation.
The premium on said bond shall be paid from the City of
Jacksonville Advertising and Tourist Promotion Fund.
B. Any Commissioner appointed under the provision of this
Ordinance may be removed for cause upon a two-thirds (2/3) vote
of the City Council. Replacements shall be appointed in the same
manner as prescribed in Section 5A.
SECTION 6. Organization of Commission -- Powers and
Duties.
A. The City of Jacksonville Advertising and Tourist
Promotion Commission shall meet within two (2) weeks of its
appointment and shall be organized by electing a chairman, a
secretary, and a treasurer. Thereafter, the Commission shall
meet as often as may be necessary, and shall be subject to spe-
cial call by the chairman. Provided, however, that the Commission
shall meet at least quarterly each year. It shall be the duty of
the secretary of said Commission to notify all members in writing
at least seven (7) days in advance of said quarterly meetings.
B. The Commissioners shall adopt such rules and regula-
tions as they may deem necessary and expedient for the proper
operation of said Commission, and they shall have the authority
to alter, change or amend such rules and regulations at their
discretion.
C. The Commission, hereunder appointed, shall have the
exclusive authority to utilize all revenues collected in the City
of Jacksonville Advertising and Tourist Promotion Fund for the
advertising and promotion of the City and its environs and/or for
the extension equipment, improvement, maintenance, repair and
operation of a convention center or convention centers in
said City, and facilities necessary for, supporting or otherwise
pertaining to, a convention center as provided by Ark. Stat. Ann.
SS19-4613 through 19-4617 (Supp. 1973).
D. The Commissioners hereunder appointed, in addition to
their other powers enumerated herein, shall have the exclusive
right and power to make purchases of all supplies necessary for
the management and operation of the Commission.
E. The Commissioners shall have the authority to employ
the necessary personnel to assist in the administration and
operation of the City of Jacksonville Advertising and Tourist
Promotion Fund and shall have the authority to fix the salary or
salaries for such personnel. Any employee who shall handle funds
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for the Commission shall be required to furnish the City a surety
bond, in an amount to be determined by the Commission, to insure
the City against misappropriation of funds.
F. The Commissioners shall make quarterly reports to the
City Council of the City of Jacksonville, Arkansas, beginning
three (3) months after their oath of office reporting in full on
the operations of the Commission, including an accounting of
receipts and disbursements, and shall upon request of the City
Council furnish such other and further reports and data as may be
required. The Commissioners shall select a recognized auditing
firm to submit an annual audit of the operations of the
Commission to the City Council of the City of Jacksonville,
Arkansas.
G. Attendance. The failure of any Commissioner, having
received due notice, to attend any two (2) consecutive meetings
of said Commission and offering no sufficient excuse therefor,
shall constitute cause for removal from said Commission.
Replacements shall be appointed in the same manner as prescribed
in Section 5A. The secretary shall report the dates of the non-
attendance of the Commissioner to the chairman of the Commission
who shall then forward said information to the City Council for
appropriate action.
SECTION 7. If for any reason, any portion of this
Ordinance shall be held to be invalid, such invalidity shall in
no wise affect the remaining portions thereof which are valid,
but such valid portions shall be and remain in full force and
effect.
SECTION 8. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 9. This Ordinance shall be in full force and
effect from and after July 1, 1985.
PASSED AND APPROVED THIS
DAY OF FEBRUARY, 1985.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
.' '.' ..
KEITH VAUGHAN, CITY ATTORNEY
ORDINANCE PASSED ON FIRST REAVING MARCH 7, 1985.
ORVINANCE VIED FOR LACK OF A 2/3 MAJORITY- !O BE PLACED ON SECOND REAVING JJARCtl 21, jQ850
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