AN ORDINANCE DECLARING IT NECESSARY TO PLACE A .5% GENERAL INCOME TAX INCREASE ON THE BALLOT FOR THE AUGUST 8, 2006 SPECIAL ELECTION SAID INCREASE TO BE EFFECTIVE JANUARY 1, 2007 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 its members elected thereto concurring that:

Section One: This Council declares it necessary to raise the Village Income Tax by .5% to 2% effective January 1, 2007 that it intends to submit to the electors at the special election on August 8, 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 January 1, 2007.

Section Four: The form of the ballot to be case 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 for the purpose of providing police, street maintenance and other services which increase shall be effective January 1, 2007 be passed?

__________________________________________

FOR THE INCOME TAX INCREASE

__________________________________________

AGAINST THE INCOME TAX INCREASE

__________________________________________

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 May 25, 2006 to permit the Village’s voters to vote on the enactment of this tax at the August 8, 2006 election. Wherefore, this Ordinance shall go into full force and effect immediately upon its passage.

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

Vote of Council: Ayes: R. Barrett, J. DeBolt, S. Edwards, M. Garrett, S. Garrett.

Nays: None

APPROVED:

__________________________________
Mayor C. James Moore

ATTEST:

__________________________________
Lloyd Billman, Village Fiscal Officer

I, Lloyd Billman, Village Fiscal Officer of the Village of Windham, do hereby certify that this Ordinance was duly published by public posting at five (5) predesignated posting places in the Village of Windham, Ohio on the 16th day of May, 2006.

_____________________________
Lloyd Billman, Village Fiscal Officer

Cortland Bank
D&A Citgo
Windham Sparkle
Windham Pharmacy
Windham Hardware