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06/26/2018 Resolutions 2018-196RESOLUTION 2018-196 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 2018 GENERAL ELECTION AN INCREASE 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 INCREASE ITS 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%); and WHEREAS, pursuant to the authority provided by 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 Council desires to propose to qualified electors of the City at the next general election the question whether the City's sales and use tax rate should be increased an additional one-half of one percent (1/2%) and increase its budgeted restricted funds for fiscal year 2019-2020 by $5,500,000, sixteen percent (16%) over the current year's restricted funds, to permit the expenditure of revenue from such increased rate; 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 sufficient funding does not exist, 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 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; Approved as to Form tt June 22, 2018 tt ty mey • 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, proposed ballot question 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 approved and adopted: Section 1. 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%) and increase,the City's budgeted restricted funds for fiscal year 2019-2020 by $5,500,000, sixteen percent (16%) over the current year's restricted funds. Section 2. Said proposal 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%) and increase its budgeted restricted funds for fiscal yeax 2019-2020 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 2018 general election. Section 3. 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 BUDGETED RESTRICTED FLINDS" 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 2018 general election, subject to any modifications the Mayor detertnines necessary or advisable. Section 4. The City Clerk or her designee is authorized, directed, and ordered to submit said question by attesting to and submitting a certified copy of this Resolution to the Election Commissioner in accordance with applicable law. Section 5. 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. -2- , Adopted by the City Council of the City of Grand Island, Nebraska, this 26th day of June, 2018. Jeremy L. Jensen, Mayor Attest: RaNae Edwards, City Clerk Resolution #2018-196 was postponed to the July 17, 2018 City Council Study Session by the City Council at their June 26, 2018 City Council meeting. ZG� � EXHIBIT A OFFICIAL BALLOT CITY OF GRAND ISLAND PROPOSAL TO INCREASE THE LOCAL SALES AND USE TAX RATE AND BUDGETED RESTRICTED FUNDS 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, and increase its budgeted restricted funds for fiscal year 2019-2020 by $5,500,000, sixteen percent (16%) over the current year's restricted funds, to permit the expenditure of revenue derived from the increased rate? Yes No 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 tax revenue is pledged for payment of such bonds, upon payment of such bonds and any refunding bonds, whichever date is later, and empower the City to increase its budgeted restricted funds for fiscal year 2019-2020 by $5,500,000, sixteen percent (16%) over the current year's restricted funds, to permit expenditure of revenue derived from the increased ta� rate? 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 City of Grand Island shall not impose such a tax rate increase and the local sales and use tax rate will remain unchanged at one and one-half percent (1 1/2%) and the budgeted reserves shall not be increased as proposed. �