Elkins will reset tax vote to abide by Arkansas law
Posted on Wednesday, June 25, 2008
URL: http://www.nwanews.com/nwat/News/66522/
City officials in Elkins will have to wait an extra month to hold a special election for a proposed 1-cent sales tax to support a water and sewer system expansion.
City Attorney Danny Wright said the city faces the delay because officials followed the city’s publication ordinance, which differs from an Arkansas statute pertaining to publication for elections. The city did not publish the date of the election, which was proposed for Aug. 12, in a newspaper 50 days before the election, a state law requirement. Instead, Wright said, the city followed its own ordinance and posted the election proclamation at five locations in the city: City Hall, the Elkhorn Station on Arkansas 16, the district courthouse, the post office and the water department.
Monday marked 50 days before the scheduled election.
“ Since it was an election and since it involves sales tax, we decided to go back and put the election on a different date rather than taking the chance that someone files a lawsuit saying we posted it instead of publishing it, ” Wright said.
The election allows citizens to decide whether they want to levy the tax and whether it would go to purchasing bonds for a $ 6 million project to replace the 40-year-old, 8-inch line that runs from one end of the city to the other with a 14-inch line.
Mayor Jack Ladyman said the Elkins City Council would address the changing the election date at its regular meeting at 7 p. m. July 3 at the Elkins District Court. He said dates in September and November would be considered.
“ I’m sure the council will decide at the meeting, ” he said.
According to the Arkansas Department of Finance and Administration, Elkins is one of three cities in Washington County that has a 1-cent sales tax. Elm Springs and Lincoln are the other two. Every other city has at least a 2-cent sales tax. Prairie Grove is at 2. 25 cents.