ORDINANCE NO. 2008-7
BE IT ENACTED BY THE QUORUM COURT OF THE COUNTY OF CLEVELAND, STATE OF ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE CALLING A SPECIAL ELECTION IN CLEVELAND COUNTY, ARKANSAS ON THE QUESTION OF LEVYING A COUNTY-WIDE THREE-FOURTHS OF ONE PERCENT (0.75%) SALES AND USE TAX; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO.
WHEREAS, the Quorum Court of Cleveland County, Arkansas (the “County”) has passed on February 4, 2008, Ordinance No. 2008-6 (the “Tax Ordinance”) providing for the levy of a 0.75% sales and use tax within the County (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 Quorum Court of Cleveland County, Arkansas:
Article 1. There is hereby called, a special election to be held on May 20, 2008, at which election there shall be submitted to the electors of the County the question of the levy of the Sales and Use Tax.
Article 2. The question of levying the Sales and Use Tax shall be placed on the ballot for the election in substantially the following form:

0.75% SALES AND USE TAX FOR JAIL AND CRIMINAL JUSTICE PURPOSES
Vote FOR or AGAINST adoption of a 0.75% local sales and use tax within Cleveland County, the net collections of which remaining after deduction of the administrative charges of the State of Arkansas and required rebates, will be distributed only to the County and used for one or more of the following: (a) to acquire, construct, improve, expand, equip, furnish, operate and maintain new or existing jail and criminal justice facilities and facilities related thereto or in support thereof, (b) to pay and secure the repayment of bonds issued by the County from time to time and approved by the voters to finance jail and criminal justice facilities and facilities related thereto or in support thereof and (c) for other criminal justice purposes.
If the tax is approved, the net collections of the tax after deduction of the administrative charges of the State of Arkansas and required rebates will be used by the County solely for the purposes set forth above. The levy of the tax is not dependent on any bonds being approved or issued.
FOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AGAINST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 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 county elections and only qualified voters of the County shall have the right to vote at the election.
Article 4. The results of the election shall be proclaimed by the County Court, and the Proclamation shall be published one time in a newspaper published in the County 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.
Article 5. A copy of this Ordinance shall be given to the Cleveland County Board of Election Commissioners so that the 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.
Article 6. The County Judge and County Clerk, for and on behalf of the County, 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.
Article 7. All ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict.
Article 8. The provisions of this Ordinance are separable and if an article, phrase or provision shall be declared invalid, such declaration shall not affect the validity of the remainder of the Ordinance.
PASSED: February 4, 2008.
APPROVED: Gary Spears, County Judge
ATTEST: Sharon Gray, County Clerk