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08/23/2016 Resolutions 2016-208RESOLUTION NO. 2016-208 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, PURSUANT TO THE NEBRASKA LOCAL OPTION REVENUE ACT, PROPOSING AND SUBMITTING TO VOTERS AT THE 2016 GENERAL ELECTION AN 1NCREASE OF THE LOCAL SALES AND USE TAX RATE OF AN ADDITIONAL ONE-HALF OF ONE PERCENT (1/2%) FROM ONE AND ONE-HALF PERCENT (1 1/2%) TO TWO PERCENT (2%) AND PROPOSING AND SUBMITTING TO VOTERS AT THE 2016 GENERAL ELECTION AN 1NCREASE OF THE BUDGETED RESTRICTED FUNDS. WHEREAS, the City of Grand Island, Nebraska, local sales and use tax rate currently is one and one-half percent (1 1/2%) pursuant to Neb. Rev. Stat. §77-27,142, and Ordinance No. 8910; and WHEREAS, pursuant to Neb. Rev. Stat. §77-27,142, upon an affirmative vote of at least seventy percent (70%) of all of the members of the governing body of the City of Grand Island, the City shall submit to voters a proposal to increase the City sales and use tax to a rate greater than one and one-half percent (1 1/2%) at a primary or general election held within the City; and WHEREAS, the City desires to propose to qualified electors of the City at the 2016 general election to increase the City's sales and use tax rate by an additional one-half of one percent (1/2%) from one and one-half percent (1 1/2%) to two percent (2%); and WHEREAS, pursuant to Neb.Rev.Stat. §77-27,142, tax proceeds from a sales and use tax rate in excess of one and one-half percent (1 1/2%) shall be used for public infrastructure projects as defined by §77-27,142; and WHEREAS, there exists within the City of Grand Island numerous important infrastructure projects for which funding does not exist and is not projected to exist in amounts sufficient to complete including, but not limited to: • Public sidewalk construction, reconstruction and rehabilitation and pedestrian safety improvement projects; • Downtown parking improvements to serve the needs of business owners and the public; • Flood control and water drainage improvements; • Street and road paving, construction, and improvements; • Railroad-street grade separation projects, including rehabilitation of current underpasses; • Train noise reduction; and • Public safety capital equipment purchases; and Approved as to Form tt August 22, 2016 � ty mey WHEREAS, projects as described above would, if completed, preserve, promote and enhance the health, safety and welfare of Grand Island's citizens and visitors by: Improving automobile, freight, bicycle and pedestrian traffic safety; Protecting property values through drainage improvements and railroad noise reduction; and Promoting a vibrant and economically thriving downtown business district through rehabilitation of public parking lots and, if needed, development of new parking capacity; and WHEREAS, the City desires to propose to qualified electors of the City of Grand Island that the City be authorized to increase its budgeted restricted funds for fiscal year 2017-2018 by $5,500,000, sixteen percent (16%) over the current year's restricted funds, due to the anticipated revenue from an increase in the City's sales and use tax rate by an additional one-half of one percent (1/2%) from one and one-half percent (1 1/2%) to two percent (2%); and WHEREAS, proposed ballot questions for such purposes is submitted with this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Grand Island, Nebraska, that all of the following actions are hereby adopted and approved: Section L The Mayor and City Council hereby propose to increase the City of Grand Island sales and use tax rate by an additional one-half of one percent (1/2%) from one and one-half percent (1 1/2%) to two percent (2%). Section 2. The Mayor and City Council hereby recommend and propose to increase the City's budgeted restricted funds for fiscal year 2017-2018 by $5,500,000, sixteen percent (16%) over the current year's restricted funds. Section 3. Said proposal to increase the City of Grand Island sales and use taa� rate by an additional one-half of one percent (1/2%) from one and one-half percent (1 1/2%) to two percent (2%) and said proposal to increase its budgeted restricted funds for fiscal year 2017-2018 by $5,500,000, sixteen percent (16%) over the current year's restricted funds, shall be submitted to a vote of qualified electors of the City of Grand Island at the November 2016 general election. Section 4. The question, in form and content presented with this Resolution as Exhibit A--"OFFICIAL BALLOT - CITY OF GRAND ISLAND - PROPOSAL TO INCREASE LOCAL SALES AND USE TAX RATE" and incorporated herein by this reference, is hereby approved and shall appear on the ballot for qualified electors of the City of Grand Island at the November 2016 general election, subject to any modifications the Mayor determines necessary or advisable. -2- ��I-� �I Section 5. The question, in form and content presented with this Resolution as Exhibit B--"OFFICIAL BALLOT - CITY OF GRAND ISLAND - PROPOSAL TO 1NCREASE BUDGETED RESTRICTED FUNDS" and incorporated herein by this reference, is hereby approved and shall appear on the ballot for qualified electors of the City of Grand Island at the November 2016 general election, subject to any modifications the Mayor determines necessary or advisable. Section 6. The City Clerk or her designee is authorized, directed, and ordered to submit said questions by attesting to and submitting a certified copy of this Resolution to the Election Commissioner in accordance with applicable law. Section 7. The Mayor and City Clerk are hereby authorized and directed to take any other actions as necessary or appropriate to carry out the actions approved in this Resolution, including, without limitation, providing notice of the submission of the question increasing such tax not more than thirty (30) days nor less than ten (10) days previous to the election, by publication one time in one or more newspapers published in or of general circulation in the municipality. Such notice shall be in addition to any other notice required under the general election laws of the state. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA. Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2016. Attest: RaNae Edwards, City Clerk -3- l�. Jere y .Jens n, a EXHIBIT A OFFICIAL BALLOT CITY OF GRAND ISLAND PROPOSAL TO INCREASE LOCAL SALES AND USE TAX RATE Shall the governing body of the City of Grand Island increase the local sales and use tax rate by an additional one-half of one percent (1/2%) from the current rate of one and one-half percent (1 1/2%) to a rate of two percent (2%) and impose a sales and use tax at the increased rate upon the same transactions within such municipality on which the State of Nebraska is authorized to impose a tax, the revenue from such increased rate to be used for public infrastructure projects as allowed pursuant to the Local Option Revenue Act, which increased rate shall terminate no more than ten years after the effective date of the increased sales and use tax or, if bonds are issued and the local option sales and use tax revenue is pledged for payment of such bonds, upon payment of such bonds and any refunding bonds, whichever date is later? Yes � A"Yes" Vote: If a majority of the votes cast upon such question shall be in favor of increasing such local sales and use tax rate by an additional one-half of one percent (1/2%) to a rate of two percent (2%), then the City of Grand Island shall be empowered as provided by Section 77- 27,142 of the Nebraska Revised Statutes and shall forthwith proceed to increase the local sales and use tax rate from one and one-half percent (1 1/2%) to two percent (2%) and impose a sales and use tax at the increased rate upon the same transactions within the City on which the State of Nebraska is authorized to impose a tax, pursuant to the Local Option Revenue Act, the revenue from such increased rate shall be used by the City of Grand Island for public infrastructure projects as allowed by to the Local Option Revenue Act, and which increased rate shall terminate no more than ten years after the effective date of the increased sales and use tax or, if bonds are issued and the local option sales and use t� revenue is pledged for payment of such bonds, upon payment of such bonds and any refunding bonds, whichever date is later. A"No" Vote: If a majority of those voting on the question shall be opposed to such an increase of the local sales and use tax rate by an additional one-half of one percent (1/2%), then the governing body of the incorporated municipality shall not impose such a tax increase and the local sales and use taa� rate will remain unchanged at one and one-half percent (1 1/2%). -4- Exhibit B OFFICIAL BALLOT CITY OF GRAND ISLAND PROPOSAL TO INCREASE BUDGETED RESTRICTED FUNDS Shall the governing body of the City of Grand Island increase its budgeted restricted funds for fiscal year 2017-2018 by five million five hundred thousand dollars ($5,500,000), sixteen percent (16%) over the current year's restricted funds? Yes � A"Yes" Vote: If a majority of the votes cast upon such question shall be in favor of increasing the budgeted restricted funds, then the City of Grand Island shall be empowered to increase its budgeted restricted funds for fiscal year 2017-2018 by five million five hundred thousand dollars ($5,500,000), sixteen percent (16%) over the current year's restricted funds. A"No" Vote: If a majority of those voting on the question shall be opposed to such an increase of the budgeted restricted funds, then the City of Grand Island shall not be authorized by this ballot measure to increase its budgeted restricted funds for fiscal year 2017-2018 by five million five hundred thousand dollars ($5,500,000), sixteen percent (16%) over the current year's restricted funds. -5-