Amendment to Resolution 2018-03 Section 5

RESOLUTION NO. 2018-09

 

A RESOLUTION AMENDING SECTION 5 OF RESOLUTION NO. 2018-03 ON

THE BALLOT LANGUAGE FOR THE PROPOSED TAX LEVY (RENEWAL)

FOR THE PURPOSE OF POLICE PROTECTION, AND DECLARING THE

SAME AN EMERGENCY

            WHEREAS, the Council of the Village of Antwerp previously enacted Resolution No. 2018-03 to proceed with the submission of the question of levying a tax that is a renewal of an existing levy in excess of the ten-mill limitation for the purpose of police protection, said Resolution passed after three readings by a unanimous vote on June 18, 2018; and

 

WHEREAS, the Council of the Village of Antwerp followed the new procedures related to the submission of a tax levy as a result of the amendment to Ohio Revised Code Section 5705.03, the guidance provided by the Ohio Secretary of State in regard to said amendment in passing Resolution No. 2018-03, and used the templates supplied by the County Auditor’s office on the necessary resolutions to proceed with the submission of a tax levy; and

 

WHEREAS, the amendment to Ohio Revised Code Section 5705.03, the guidance provided by the Ohio Secretary of State in regard to said amendment, and the templates supplied by the County Auditor’s office did not include any information stating that the ballot language for a renewal tax levy must remain unchanged from the prior ballot language submitted on the tax levy; and

 

WHEREAS, after submitting Resolution No. 2018-03 to the local board of elections, the State Board of Elections notified the Village that the ballot language submitted with Resolution No. 2013-03 must be used for the 2018 renewal of this tax levy despite the amendments set forth in Ohio Revised Code Section 5705.03, the guidance provided by the Ohio Secretary of State’s office, and the templates supplied by the County Auditor’s office; and

 

WHEREAS, the Board of Elections allowed the Fiscal Officer of the Village to correct the ballot language submitted with Resolution No. 2018-03 to use the ballot language from Resolution No. 2013-03, and Section 5 of Resolution No. 2018-03 is hereby amended retroactively to comply with the language currently submitted for the proposed tax levy (renewal) on the November general election ballot.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Antwerp, Paulding County, Ohio, as follows:

 

Section 1.  That Section 5 of Resolution No. 2018-03 currently reads as follows:

 

5. The BOE is hereby directed to submit substantially the following question to the electors at the Election:

 

OFFICIAL QUESTIONS AND ISSUES BALLOT

NOVEMBER 6, 2018

 

PROPOSED TAX LEVY (RENEWAL)

VILLAGE OF ANTWERP,

PAULDING COUNTY, OHIO

 

A majority affirmative vote is necessary for passage
A renewal of a tax for the benefit of the Village of Antwerp, Paulding County, Ohio, for the purpose of providing and maintaining equipment used in the operation of the police department, for the payment of salaries to operate the same, and for all other expenses necessary to operate the police department and provide police protection in the Village, pursuant to Revised Code §5705.19(j), at a rate not exceeding two (2) mills for each one dollar of valuation, which amounts to twenty cents ($.20) for each one hundred dollars of valuation, for five (5) years commencing in 2019, first due in calendar year 2020.

FOR THE TAX LEVY

AGAINST THE TAX LEVY
Section 2.  That Section 5 of Resolution No. 2018-03 is amended to read as follows:

 

5. The BOE is hereby directed to submit substantially the following question to the electors at the Election:

 

OFFICIAL QUESTIONS AND ISSUES BALLOT

11/06/2018 GENERAL ELECTION

PAULDING COUNTY

 

Proposed Tax Levy (Renewal)

Antwerp Village

 

A majority affirmative vote is necessary for passage.
A renewal of a tax for the benefit of the Antwerp Village for the purpose of providing and maintaining motor vehicles, communications and other equipment used directly in the operation of a police department and payment of salaries of police personnel at a rate not exceeding 2 mills for each one dollar of valuation, which amounts to $0.20 for each one hundred dollars of valuation, for 5 years, commencing in 2019, first due in calendar year 2020.

For the Tax Levy

Against the Tax Levy
Section 3.  Previous ordinances, resolutions, and/or any portions thereof, including Section 5 of Resolution No. 2018-03, and rules of the Village of Antwerp that are not consistent with this Resolution are hereby set aside, revoked and held for naught.

 

Section 4.  It is found and determined that all formal actions of the Council concerning and relating to the passage of this Resolution were adopted in open meetings of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances, resolutions, and any applicable provisions of Section 121.22 of the Ohio Revised Code.

 

Section 5.  This Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the Village and for the further reason that the ballot language to be submitted at the November general election accurately reflects the ballot language required by the Board of Elections to submit the proposed tax levy (renewal) for the operation of the police department, and that this Resolution shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

 

Section 6.  This Resolution shall be retroactive and take effect as of the date of passage of Resolution No. 2018-03 to correct the language in the ballot submission to the Board of Elections.  All acts of the Fiscal Officer taken with regard to correcting the proposed ballot language as set forth herein are hereby ratified and confirmed.

 

Enacted this _____ day of September, 2018.

 

____________________________________

Ray Delong

Mayor of the Village of Antwerp

 

Attest:

 

________________________________

Aimee Lichty, Fiscal Officer

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