AN ORDINANCE DECLARING IT NECESSARY TO PLACE A .5% GENERAL INCOME TAX INCREASE WITH AN ADDITIONAL .5% CREDIT FOR VILLAGE RESIDENTS ON THE BALLOT FOR THE MAY 2, 2006 PRIMARY ELECTION SAID INCREASE TO BE EFFECTIVE JULY 1, 2006 AND NOTIFYING THE PORTAGE COUNTY BOARD OF ELECTIONS TO CAUSE NOTICE OF THE ELECTION, AND DECLARING AN EMERGENCY AND REPEALING ALL PRIOR INCONSISTENT ORDINANCES.

WHEREAS, the Village of Windham is in a financially critical position and does not have the funds available to maintain current service; and

WHEREAS, the current amount of income taxes which may be raised by the 1.5 % rate is insufficient to provide an amount adequate for the requirements of the Village of Windham to provide day to day police safety, street maintenance and other similar services; and

WHEREAS, this matter is an emergency measure affecting the health, safety and general welfare of the residence of the Village of Windham;

NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Windham three-fourths or more of the members elected thereto concerning that:

Section One: This Council declares it necessary to raise the Village Income Tax by .5% to 2% effective July 1, 2006 with an additional .5% credit for Village residents who pay 1% or more municipal income tax elsewhere and that it intends to submit the question of the additional levy to the electors at the primary election on May 2, 2006 as authorized by Section 718 of the Ohio Revised Code.

Section Two: It is necessary to increase the Village Income Tax by .5% for the benefit of the Village of Windham, Portage County, Ohio for the purpose of providing police, street maintenance and other services, as provided in Ohio Revised Code, Section 718.

Section Three: If a majority of the electors voting thereon vote in favor thereof, said increase shall be effective beginning July 1, 2006.

Section Four: The form of the ballot to be cast at such election on the question of such tax shall be substantially as follows:

A majority of affirmative votes is necessary for passage.

Shall the Ordinance providing for an additional .5 % levy on income tax with an additional .5% credit for Village residents who pay at least 1% in municipal income tax elsewhere for the purpose of providing police, street maintenance and other services which increase and credit shall be effective July 1, 2006 be passed?

__________________________________________

FOR THE INCOME TAX

__________________________________________

AGAINST THE INCOME TAX

__________________________________________

Section Five: That the Village Fiscal Officer shall deliver a certified copy of this Ordinance to the Board of Elections, Portage County, Ohio promptly following adoption thereof to cause notice of election on the question of increasing said tax to be given as required by law.

Section Six: It is hereby found and determined that all formal actions of this Council 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 of its committees that resulted in such formal actions, were in meetings open to the public in compliance with all legal requirements of Section 121.22 of the Ohio Revised Code.

Section Seven: This Ordinance is hereby declared to be an emergency measure necessary to preserve the public health, safety, morals and general welfare of the inhabitants of the Village of Windham, Ohio and further reason that this matter must be enacted and conveyed to the Portage County Board of Elections on or before February 16, 2006 to permit the Village’s voters to vote on the enactment of this tax at the May 2, 2006 election. Wherefore, this Ordinance shall go into full force and effect immediately upon its passage.

Passed in Council this 15th day of February, 2006.

Vote of Council: Ayes: DeBolt, Donham, M. Garrett, S. Garrett, J. Minotti

Nays: None

APPROVED:

C. James Moore
Mayor, Village of Windham

ATTEST:

Shelley K. Craine
Village Fiscal Officer

I hereby certify that the above ordinance was posted at the five (5) public notice locations in the Village of Windham, Ohio.

_______________________________
Village Fiscal Officer

Date:_____________________

Date:_____________________

Date:_____________________

Date:_____________________

Date:_____________________