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TO PROVIDE FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF GAHANNA AT THE PRIMARY ELECTION TO BE HELD MAY 7, 2013, AN ORDINANCE TO AMEND ORDINANCE 75-76, PASSED AUGUST 17, 1976, SO AS TO INCREASE THE GAHANNA INCOME TAX FROM A RATE OF ONE AND ONE HALF (1-1/2) PERCENT TO A RATE OF TWO AND ONE HALF (2-1/2) PERCENT; AND TO DECLARE AN EMERGENCY.
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WHEREAS, Section 4.06 of the Charter of the City of Gahanna provides that "the power of Council to levy taxes shall be subject to the limitations provided by the Constitution and the laws of Ohio, and nothing contained in this Charter shall be construed to authorize the levy of any taxes in excess of said limitations without a vote of the people"; and
WHEREAS, Section 718.01(c) of the Ohio Revised Code provides that "No municipal corporation shall levy a tax on income at a rate in excess of one percent without having obtained the approval of the excess by a majority of the electors of the municipality voting on the questions at a general, primary or special election"; and
WHEREAS, due to the continuing diminishment of revenues being received by the City, it is becoming increasingly difficult for the City to continue to provide its residents with the level of services currently being enjoyed; and
WHEREAS, prior to being forced to further reduce these level of services in order to maintain a legally mandated balanced budget, the Mayor and City Council desire for the voters of the City of Gahanna to have an opportunity to authorize the increase in the municipal income tax rate from its current one and one-half (1-1/2) percent to two and one-half (2-1/2) percent;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GAHANNA, STATE OF OHIO:
Section 1. Pursuant to Section 718.01(c) of the Ohio Revised Code, the City of Gahanna hereby requests and directs that the Franklin County Board of Elections place before the voters of the City of Gahanna on the May 7, 2013 primary election ballot, ORD-0032-2013 which proposes to increase the municipal income tax rate from its current one and one half percent (1-1/2%) to two and one-half percent (2-1/2%) , said ordinance attached hereto as EXHIBIT A.
Section 2. That the amendment to Section 161.03 of the codified ordinances shall be effective January 1, 2014.
Section 3. That this amendment be digested on the voting machine with the following language subject to approval by the Franklin County Board of Elections:
"Shall ORD-0032-2013 providing for an increase in the municipal income tax from one and one half percent (1-1/2%) to two and one-half percent (2-1/2%) for general municipal operations and services including but not limited to police, street maintenance, parks and recreation, and capital improvements?"
For the Income Tax ___________
Against the Income Tax _______
Section 4. The Clerk of Council be and is hereby authorized and directed to timely submit this ordinance to the Franklin County Board of Elections for placement on the May 7, 2013 Primary Election Ballot for consideration by the City electorate.
Section 5. This Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the adoption of this ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and of any committees that resulted in those formal actions were in meetings open to the public in compliance with all applicable laws.
Section 6. That this resolution shall be in full force and effect immediately upon passage by this Council and on date of signature approval by the Mayor.