City of Fayetteville v. Washington County

255 S.W.3d 844, 369 Ark. 455, 2007 Ark. LEXIS 271
CourtSupreme Court of Arkansas
DecidedApril 26, 2007
Docket06-602
StatusPublished
Cited by21 cases

This text of 255 S.W.3d 844 (City of Fayetteville v. Washington County) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Fayetteville v. Washington County, 255 S.W.3d 844, 369 Ark. 455, 2007 Ark. LEXIS 271 (Ark. 2007).

Opinion

Robert L. Brown, Justice.

The City of Fayetteville (“City”) appeals from an order of the circuit court in which the court concluded that the rates and property values certified by the Washington County Assessor for purposes of tax-increment financing were correct. Because of its conclusion, the court denied the City’s request for a mandatory injunction against Washington County for the redistribution of the tax-increment revenues. On appeal, the City raises four points: (1) the circuit court erred in holding that the Assessor was correct in allocating a larger millage rate to the Fayetteville School District (“School District”) than was passed by the voters; (2) the circuit court erred in not holding that Amendment 78 modified Amendment 74 so that the uniform rate of 25 mills could be applied against the increment value and used to pay the bond indebtedness incurred by the redevelopment project; (3) the circuit court erred in not ruling that the Arkansas Community Redevelopment Financing Act (“Redevelopment Act”) provides for the inclusion of the uniform rate of 25 mills in Amendment 74 to finance redevelopment projects; (4) the circuit court properly held that the mills passed for the Fayetteville Public Library, the Police Pension Fund, and the Firefighters Pension Fund should be included in the total ad valorem rate and applicable ad valorem rate, as defined by the Redevelopment Act, to pay the indebtedness of the redevelopment project.

The City’s fourth issue is the same issue raised by the Library and Pension Funds in their cross-appeal. However, the Pension Funds failed to pursue their appeal after their notice of cross-appeal was filed. They filed no brief in this court in support of their cross-appeal; nor did they make an oral argument to this court. We hold that the Pension Funds abandoned their cross-appeal.

On November 5, 1996, the Arkansas voters adopted Amendment 74 to the Arkansas Constitution, which authorized a uniform rate of 25 mills for each school district as the ad valorem property tax rate “to be used solely for maintenance and operation of the schools.” 1

On September 19, 2000, the Fayetteville School District voters approved a levy of 44 mills for the school tax. 2 The 44 mills included 19.3 mills “for general maintenance and operation” and 1.0 mill “for current expenditures/dedicated maintenance and operation expenditures dedicated for the purposes of purchasing school buses, furniture and equipment, purchasing computer software, and renovating and repairing existing facilities.” A total of 23.7 mills was designated “for debt service as a continuing levy pledged for the retirement of existing bonded indebtedness.”

On November 7, 2000, the people of Arkansas adopted Amendment 78 to the Arkansas Constitution, which went into effect on January 1, 2001, and authorized the General Assembly to establish a procedure for tax increment financing (“TIF”) for redevelopment districts. This type of financing provides that the funds derived from a certified millage rate levied against any increase in property values in the redevelopment district after the establishment of the district may be used to pay the bond debt incurred by that district.

On March 29, 2001, the General Assembly passed Act 1197 of 2001, which is the Redevelopment Act to implement Amendment 78, and subsequently amended it by Act 2231 of 2005. See Ark. Code Ann. §§ 14-168-301 to 14-168-322 (Supp. 2005). On November 21, 2002, this court handed down its decision in Lake View School District No. 25 v. Huckahee, 351 Ark. 31, 91 S.W.3d 472 (2002). In that opinion, we held that Amendment 74 clearly stated that every school district was responsible for assessing a uniform rate of 25 mills solely for the maintenance and operation of its schools. See id. We also held that Amendment 74 did not contemplate that a millage adopted by the school district for an entirely different purpose like debt service might be credited against the 25 mills owed under Amendment 74. See id. 3

Various actions were then taken by the City and Washington County to implement a redevelopment district under the Redevelopment Act:

• On August 17, 2004, the Fayetteville City Council passed Ordinance No. 4608, which formed and named the Highway 71 East Square Redevelopment District Number 1 of Fayetteville (“the Highway 71 Redevelopment District”) and authorized the preparation of a project plan.
• On December 7, 2004, the Fayetteville City Council passed Ordinance No. 4646, which adopted the project plan for the Highway 71 Redevelopment District, found that the project plan was economically feasible, and authorized the issuance of tax increment financing bonds to fund the improvements outlined in the present plan.
• On December 13,2004, the Washington County Quorum Court approved Ordinance No. 2004-68, which levied the county, municipal, and school district taxes for the year 2004.
• On December 28, 2004, the Fayetteville City Council passed Ordinance No. 4662, which repealed Ordinance No. 4608 (for possible technical notification problems) and formed and named the Highway 71 Redevelopment Project. The Fayetteville City Council also passed Ordinance No. 4663, which repealed Ordinance No. 4646 (for minor technical notification problems) and adopted the Project Plan for the Highway 71 Redevelopment Project.
• On January 25, 2005, the Fayetteville City Council adopted Ordinance No. 4673, which modified the borders of the Highway 71 Redevelopment District.
• Onjanuary 29, 2005, the Washington County Assessor, Lee Ann Kizzar, issued her assessor’s certificate as required by Arkansas Code Annotated § 14-168-306(b)(5) (Supp. 2003), for the approval of the Highway 71 Redevelopment District. In her certificate, Assessor Kizzar, in order to comply with the Redevelopment Act, included the total ad valorem rate (26.86), the debt service ad valorem rate (23.7), and the applicable ad valorem rate (3.16).
• On March 15, 2005, the Fayetteville City Council passed Ordinance No. 4683, which amended the Project Plan for the Highway 71 Redevelopment District and found that the plan was economically feasible. On that day, the Fayetteville City Council also passed Ordinance No. 4684 to issue bonds in the amount of $3,725,000 to finance the Highway 71 Redevelopment Project.

On May 16, 2005, the City filed an amended complaint for declaratory judgment and mandatory injunction against the separate defendants/appellees. In its declaratory-judgment claim, the City asserted that the ad valorem rates certified by Assessor Kizzar were incorrect. According to the City, the total ad valorem rate under the Redevelopment Act should have included the entire amount levied by Washington County on behalf of the School District on September 19, 2000, as well as the uniform rate of 25 mills required under Amendment 74.

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Bluebook (online)
255 S.W.3d 844, 369 Ark. 455, 2007 Ark. LEXIS 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-fayetteville-v-washington-county-ark-2007.