Ordinance No. 2050

AN ORDINANCE AMENDING CITY OF MENA ORDINANCE NO. 2049, PROVIDING FOR THE LEVY OF A LOCAL GROSS RECEIPTS TAX AT THE RATE OF THREE (3%) ON THE GROSS RECEIPTS OF HOTELS, MOTELS, AND ONE (1%) ON THE

GROSS RECEIPTS OF RESTAURANTS WITHIN THE CITY OF MENA AND CREATING AN ADVERTISING AND PROMOTION COMMISSION.

WHEREAS, on March 24, 2003, the City Council of the City of Mena, Arkansas, adopted Ordinance No. 2049, to levy a three (3%) tax on hotels and motels, and one (1%) tax on restaurants within the City of Mena, Arkansas; and ~

WHEREAS, Ordinance No. 2049 allows for the creation of an Advertising and Promotion Commission whose members (with the exception of one member) are required to reside in the city limits of Mena; and

WHEREAS, the City of Mena has determined that it is extremely difficult to find hotel, motel, and restaurant owners and/or managers that reside in the corporate limits of Mena; and

WHEREAS, Arkansas State Statute 26-75-605 (a) (1) states that if provided for by ordinance, the hotel, motel, orrestaurant owner or manager may reside outside of the city, but within the county in which the city is located; and

WHEREAS, in order to find qualified people to serve on the Advertising and Promotion Commission, Ordinance No. 2049 needs to be amended,

NOW, THEREFORE, BE JT ORDAINED by the City of Mena of the County of Polk, Arkansas, as follows:

Section 1: That Section 5 of Ordinance No.

2049 shall be amended to read as follows “... - the owner or manager may reside outside of the city but within the gbunty in which the city is located.......”.

Section 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of that conflict.

Section 3: Ifany section, subsection, sentence, clause, or phrase of this ordinanceis, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance..

Ordinance No. 2050 Page 2 Section 4: This Ordinance being necessary for the selection of a diverse representation of the hotel, motel, and restaurant industry on the City of Mena Advertising and Promotion Commission, an emergency is hereby declared, and this Ordinance shall be in full force and effect from and after passage and publication. APPROVED AND ADOPTED this _8th__ day of April, 2003. CITY OF MENA, ARKANSAS 2 8. tee ect S Attest: Legs City Clerk/Treasurer