Resolution 2023-02: Replacement Tax Levy for Police Department

A RESOLUTION OF NECESSITY TO LEVY A TAX THAT IS A REPLACEMENT OF AN EXISTING LEVY IN EXCESS OF THE TEN-MILL LIMITATION FOR THE PURPOSE OF PROVIDING AND MAINTAINING MOTOR VEHICLES, COMMUNICATIONS, AND OTHER EQUIPMENT USED DIRECTLY IN THE OPERATION OF THE POLICE DEPARTMENT AND THE PAYMENT OF SALARIES OF PERMANENT POLICE PERSONNEL (R.C. 5705.03, 5705.19(J), 5705.191, 5705.192, and 5705.25)

The Council of the Village of Antwerp, Paulding County, Ohio (“Council”), met in regular session on April 17, 2023, with the following members present:

Kenneth Reinhart, Dean Rister, Bryan Smith, Bryce Steiner, Steve Jordan, Jason Franks

Dean Rister moved the adoption of the following Resolution:

PREAMBLE:

WHEREAS, the amount of taxes that will be raised within the ten-mill limitation will be insufficient to provide for the necessary requirements of the Village of Antwerp, Paulding County, Ohio (“Village”); and,

WHEREAS, it is necessary to levy a tax in excess of the ten-mill limitation; and,

WHEREAS, the levy would be for the purpose of providing and maintaining motor vehicles, communications, and other equipment used directly in the operation of the police department and the payment of salaries of permanent police personnel, said purpose being authorized by R.C.5705.19(J)•, and,

WHEREAS, a resolution declaring the necessity of levying a tax that is a replacement of an existing levy, pursuant to R.C. 5705.19(J), outside the ten-mill limitation must be approved and certified to the Paulding County Auditor (“Auditor”) in order to permit the Council to consider the levy of such a tax and must request that the Auditor certify to the Council the total current tax valuation of the Village, and the number of mills required to generate a specified amount of revenue, or the dollar amount of revenue that would be generated by a specified number of mills.

RESOLUTION:

NOW THEREFORE, BE IT RESOLVED, by the Council, at least two-thirds (2/3 ^rdS) of all of the members of the Council concurring, as follows:

1. The amount of taxes that will be raised within the ten-mill limitation will be insufficient to provide for the necessary requirements of the Village.
2. It is necessary to levy a tax in excess of the ten-mill limitation.
3. Pursuant to R.C. 5705.03(B)(1):
   • The purpose of the tax is the same purpose as the originating levy: providing and maintaining motor vehicles, communications, and other equipment used directly in the operation of the police department and the payment of salaries of permanent police personnel.
   • The type of levy is as follows:

_______  additional levy

_______  renewal levy:  _____ increase _____ decrease

___X___  replacement levy:  _____ increase _____ decrease

• • The sections of the Revised Code authorizing submission of the question of the tax are R.C. 5705.03, 5705.191, 5705.192, and 5705.25 and the following:

5705.19(J)

• • The term of the tax is as follows (in years or continuing):
    • Continuing
  • The territory where the tax is to be levied is as follows:
    • Upon the entire territory of the Village
    • If authorized by the Revised Code, the following described portion of the territory of the Village:  N/A
  • The date of the election at which the question of the tax shall appear on the ballot is as follows:
    • November 7, 2023
  • The territory where the ballot measure is to be submitted is as follows:
    • Upon the entire territory of the Village
    • If authorized by the Revised Code, the following described portion of the territory of the Village:  N/A
  • The tax will be first levied and collected as follows:
    • The tax year in which the tax will first be levied is 2023; and
    • The calendar year in which the tax will first be collected is 2024

4.  Pursuant to R.C. 5705.03(B)(l), the Fiscal Officer is hereby directed to certify a copy of this Resolution to the Auditor. The Council hereby requests that the Auditor certify to this Council the following:

1. 1. 1. • The total current tax valuation of the Village; and
         • The number of mills required to generate the following amount of revenue; or,
         • The dollar amount of revenue that would be generated by the levy of the following mills: 5 mills.

5.  All formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of the Council, and all deliberations of this 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 R.C. 121.22.

6.  This Resolution shall be in full force and effect immediately upon adoption.

Steve Jordan Seconded the motion.

Voted on and signed this 17th day of April, 2023, Village of Antwerp, Paulding County, Ohio

ATTEST:

Jan Reeb

Mayor, Village of Antwerp

Kevin Hornish

Fiscal Officer

First Reading:  February 15, 2023

Second Reading:  March 20, 2023

Third Reading:  April 17, 2023

State of Ohio

Paulding County

I, the undersigned Fiscal Officer of the Village of Antwerp, Paulding County, Ohio, hereby certify that the foregoing Resolution No. 2023-02 is taken and copied from the record of proceedings of the Council of the Village of Antwerp, Paulding County, Ohio, and that it has been compared by me with the Resolution on the record and is a true and accurate copy. Further, I certify that the adoption of such Resolution occurred in an open meeting held in compliance with R.C. 121.22.

Kevin Hornish, Fiscal Officer of the Village of Antwerp, Paulding County, Ohio

Date:  04/17/2023