Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 164 - INDUSTRIAL DEVELOPMENT BONDS (§§ 14-164-201 — 14-164-821) › Subchapter 3 - LOCAL GOVERNMENT BOND ACT (§§ 14-164-301 — 14-164-342) › Section 14-164-338 - Alternative to issuance of bonds

(a)
If a legislative body determines that a sales and use tax of one percent (1%) or less authorized by §
14-164-327
would, if levied for no longer than twenty-four (24) months, produce sufficient revenue to finance capital improvements of a public nature without resorting to a bond issue, the legislative body may dispense with the issuance of bonds, levy the tax for no longer than twenty-four (24) months, and appropriate the resulting revenues, subject to Arkansas Constitution, Article 12, § 4, paragraphs 2-4, provided:
(1)
A majority of the qualified electors of the county or municipality voting on the question at a general or special election shall have approved the tax and the purpose of the capital improvements; and
(2)
The revenues from the tax are expended solely for the purpose authorized by the electorate.
(b)
The portion of the tax authorized by §
14-164-327
which is not utilized under this section may be used as otherwise provided in this subchapter.
(c)
This section does not preclude or affect the ability of a municipality or county to levy a sales and use tax beyond the twenty-four-month period, unless so restricted on the ballot, or for less than the twenty-four-month period, if stated on the ballot, under §
26-74-201
et seq., §§
26-74-301
-
26-74-319
, §
26-75-201
et seq., §§
26-75-301
-
26-75-318
, and the Local Sales and Use Tax Economic Development Project Funding Act, §
26-82-101
et seq., and use all or a portion of the proceeds to finance capital improvements of a public nature, with or without issuing bonds and with or without an election approving the use of the tax collections for capital improvements.
(d)
This section does not limit the authority of municipalities and counties to levy taxes for twenty-four (24) months only under §
26-74-201
et seq., §§
26-74-301
-
26-74-319
, §
26-75-201
et seq., §§
26-75-301
-
26-75-318
, and the Local Sales and Use Tax Economic Development Project Funding Act, §
26-82-101
et seq., and use the proceeds to finance capital improvements, and the General Assembly determines that §
26-74-201
et seq., §§
26-74-301
-
26-74-319
, §
26-75-201
et seq., §§
26-75-301
-
26-75-318
, and the Local Sales and Use Tax Economic Development Project Funding Act, §
26-82-101
et seq., each provide for the levy of up to a one percent (1%) sales and use tax and the use for any purpose for which the general funds of the municipality or county may be used unless restricted on the ballot to a specified purpose.
(e)
The revenues derived from this tax may also be used to retire existing bonds issued for the acquisition, renovation, or construction of capital improvements.
Acts 1988 (4th Ex. Sess.), No. 25, § 1; 1989, No. 458, § 1; 1991, No. 765, § 4; 1992 (1st Ex. Sess.), No. 36, § 1; 1993, No. 1014, § 1; 1999, No. 1324, § 1; Acts 2011, No. 828, § 4.