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HomeMy WebLinkAbout#4091 1% retail tax 2 worm �e V •117hJ L u1528 CERTIFICATE THE UNDERSIGNED CERTIFIES THAT SHE IS THE CITY CLERK FOR THE CITY OF CANTON,ILLINOIS,AND THAT THE CITY COUNCIL AT A REGULARLY CONSTITUTED MEETING OF SAID CITY COUNCIL OF THE CITY OF CANTON ON THE 19th DAY OF DECEMBER 2017 ADOPTED ORDINANCE # 4091 A TRUE AND CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET. GIVEN UNDER MY HAND AND SEAL THIS 19TH DAY OF DECEMBER 2017 (SEAL) FILED _ DIA • P .SOCK DEC 2 1 2017 CITY CLERK ���� COUNTY�CLLEERRKK, FULTON COUNTY, IL. CITY OF CANTON, ILLINOIS --- ORDINANCE 4091 AN ORDINANCE PROVIDING FOR AND REQUIRING THE SUBMISSION OF A PROPOSITION TO THE ELECTORS OF THE CITY OF CANTON, ILLINOIS AT THE MARCH 20,2018 PRIMARY ELECTION,OF WHETHER THE CITY SHALL IMPOSE NON HOME RULE MUNICIPAL RETAILERS SERVICE OCCUPATION AND USE TAX PASSED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, ON THE 19th DAY DECEMBER 2017 PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, THIS 19TH DAY OF DECEMBER 2017 EFFECTIVE DECEMBER 19, 2017 t ORDINANCE NO.4091 AN ORDINANCE PROVIDING FOR AND REQUIRING THE SUBMISSION OF A PROPOSITION TO THE ELECTORS OF THE CITY OF CANTON, ILLINOIS AT THE MARCH 20,2018 PRIMARY ELECTION, OF WHETHER THE CITY SHALL IMPOSE NON-HOME RULE MUNICIPAL RETAILER'S,SERVICE OCCUPATION and USE TAXES. WHEREAS, the City of Canton, Illinois is authorized to impose a tax upon all persons engaged in the business of selling tangible personal property at retail in the municipality at the rate of not more than 1% of the gross receipts from such sales made in the course of such business, such tax commonly known as the Non-Home Rule Municipal Retailer's Occupation Tax (65 ILCS 5/8-11-I.1, 65 ILCS 5/8-11-1.3); and WHEREAS, the City is authorized to impose a tax upon all persons engaged, in such municipality, in the business of making sales of service at the rate of not more than 1% of the selling price of all tangible personal property transferred by such servicemen either in the form of tangible personal property or in the form of real estate incident to a sale of service, such tax commonly known as the Non-Home Rule Municipal Service Occupation Tax (65 ILCS 5/8-11- 1.1, 65 ILCS 5/8-11-1.4); and WHEREAS, the City is authorized to propose a tax upon the privilege of using, in such a municipality, any item of tangible personal property which is purchased at retail from a retailer and which is titled and registered with an agency of the State's government, based on the selling price, such tax known as the Non-Home Rule Municipal Use Tax Act (65 ILCS 5/8-11-1.1, 65 ILCS 5/8-11-1.5); and WHEREAS, the City does not have sufficient funds to provide for municipal operations or expenditures on public infrastructure; and WHEREAS, it is in the City's best interest to provide for property tax relief by generating the necessary revenue through additional sales tax, rather than increased property taxes; and WHEREAS, before any such tax may be imposed, the City must call for the submission to the electors of the City the question of whether the City shall impose Non-Home Rule Municipal Retailer's Occupation Tax pursuant to 65 ILCS 5/8-11-1.3 and the Non-Home Rule Municipal Occupation Tax pursuant to 65 ILCS 5/8-11-1.4 and Non-Home Rule Municipal Use Tax pursuant to 65 ILCS 5/8-11-1.5; and WHEREAS, before any such tax may be imposed the proposition must be approved by a majority of those voting on the question; and WHEREAS, it is the intent of the City to submit to the electors of the City of Canton, Illinois at the March 20, 2018 General Primary Election, the question of whether the City shall impose the above-referenced taxes; and • • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE -; CITY OF CANTON, Fulton County, Illinois, as follows: SECTION 1: The City Council hereby finds that all of the recitals set forth above are full, true and correct and are incorporated herein as a part of this Ordinance. SECTION 2: Proposition. A proposition (the "Proposition") in substantially the following form shall be submitted to the voters of the City of Canton at the March 20, 2018 General Primary Election held in and for the City of Canton: Shall the corporate authorities of the City of Canton be authorized to levy a tax YES at a rate of 1.0% for expenditures on municipal operations, expenditures on public infrastructure, or property tax relief? NO SECTION 3: Submission to Voters. The Proposition shall be submitted to the voters of the City in accordance with the General Election Law at the General Primary Election to be held on Tuesday,the 20th Day of March, 2018, between the hours of 6:00 o'clock A.M. and 7:00 o'clock P.M. on said day ("Election"), and at all times that early voting is conducted in accordance with the Election Code of the State of Illinois, as amended ("Election Code"), and the Proposition as approved shall be presented in the form set forth below in Section 9 of this Ordinance. SECTION 4. Voting Precincts and Polling Places. The Election shall be held in the voting precincts and at the polling places established by the County Board for voters of the City at the Election. SECTION 5. Election Notice. The County Clerk of Fulton County ("County Clerk") shall give notice of the Election ("Notice") in accordance with Section 12-5 of the General Election Law by (i) publishing the Notice at least once not more than 60 nor less than 10 days prior to the date of the Election in a local, community newspaper having general circulation in the County, and (ii) posting a copy of the Notice at least 10 days before the date of the Election at the principal office of the County Clerk. SECTION 6. Local Notice. The City Clerk shall post a copy of the Notice at the principal office of the City immediately after adoption of this Ordinance. SECTION 7. Newspaper of General Circulation. It is hereby found and determined that the Canton Daily Ledger is a local, community newspaper having general circulation in the County as required by Section 12-5 of the Election Code. SECTION 8. Form of Notice. The Notice shall appear over the name or title of the County Clerk and shall be substantially in the following form: NOTICE IS HEREBY GIVEN that at the election to be held on Tuesday, March 20, 2018, the following proposition will be submitted to the voters of the City of Canton: Shall the corporate authorities of the City of Canton be authorized to levy a tax at a -.;• rate of 1.0% for expenditures on municipal operations, expenditures on public infrastructure, or property tax relief? The polls at the election will be open at 6:00 o'clock A.M. and will continue to be open until 7:00 o'clock P.M. of that day. SY Dated this r3-� Day ofbkc Y.. , 26}9-aol7 Cmy Clerk of Fulton County SECTION 9. Form of Ballot. The ballot to be used at the Election shall be in substantially the following form, with such necessary alterations, changes, deletions and insertions as may be required by Articles 24A, 24B or 24C of the Election Code if an electronic, mechanical or electric voting system is used at the Election: (Face of Ballot) OFFICIAL BALLOT PROPOSITION TO LEVY NON-HOME RULE SALES TAX (Instructions to Voters: Mark a cross (X) in the space opposite the word indicating the way you desire to vote.) Shall the corporate authorities of the City of Canton be authorized to levy a tax at a rate of Yes 1.0% for expenditures on municipal operations, expenditures on public infrastructure, or property tax relief? No (Back of Paper Ballot) Official Ballot Official ballot for voting on the proposition to levy a non-home rule sales tax for the City of Canton, Fulton County, Illinois, at the General Primary Election held on March 20, 2018. Precinct Number: Polling Place: unty Clerk, Fulton County • • SECTION 10. Election Judges. The Election shall be conducted by the election judges appointed by the County Board to act in the precincts at which the Proposition will be submitted _Ya to the voters of the City. SECTION 11: Filing of Ordinance. The City Clerk is hereby directed to certify this Ordinance and the proposition set forth herein to the Fulton County Clerk by January 11, 2018, to ensure that this proposition is placed on the ballot in the City of Canton for the March 20,2018 General Primary Election. SECTION 12: Severability. If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 13. Repealer and Effective Date. All orders and Ordinances and parts thereof in conflict herewith be and the same are hereby repealed, and this Ordinance be in full force and effect forthwith upon its adoption. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 19TH day of December, 2017, by roll call vote as follows: AYES: Aldermen Ryan Mayhew, Chris Jump,John Lovell,Craig West,Tad Putrich, Angeila Lingenfelter,Justin Nelson NAYS: ABSENT: Alderwoman Angela Hale A PROVED: f"(/ IL)a_itc,) en McDowell, ATTE. Diana Pavley 1w, CiyClerk State of Illinois ) ) SS County of Fulton ) Certification of Ordinance and Minutes I,the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City Council ("Council") of Fulton County, Illinois ("County"), and that I am the keeper of the records and files of the Council. I do further certify that the foregoing is a full, true and complete transcript of that portion of the minutes of the meeting of the Council held on the 19TH day of December, 2017, insofar as the same relates to the adoption of a Ordinance entitled: AN ORDINANCE PROVIDING FOR AND REQUIRING THE SUBMISSION OF A PROPOSITION TO THE ELECTORS OF THE CITY OF CANTON, ILLINOIS AT THE MARCH 20, 2018 PRIMARY ELECTION, OF WHETHER THE CITY SHALL IMPOSE NON-HOME RULE MUNICIPAL RETAILER'S, SERVICE OCCUPATION and USE TAXES A true, correct and complete copy of the Ordinance that was adopted at the Council meeting is attached hereteo. I do further certify that the deliberations of the Council on the adoption of the Ordinance were conducted openly, that the vote on the adoption of the Ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of the meeting was duly given to all of the news media requesting notice, that an agenda for the meeting was posted at the location where the meeting was held and at the principal office of the Council at least 48 hours in advance of the holding of the meeting, that the meeting was called and held in strict compliance with the provisions of the Illinois Open Meetings Act, the Municipal Code of the State of Illinois, and the Election Code, and that the Council has complied with all of the provisions of the Act and the Codes and with all of the procedural rules of the Council. There is hereby certified to the County Clerk of The County of Fulton, Illinois, for submitting to the voters of the County at the General Primary Election to be held on the 20th Day of March, 2018, the proposition set forth in the Ordinance, which the Ordinance was duly adopted by the Council on the 19TH day of December, 2017. In Witness Whereof, I hereunto affix my official signature and the seal of the City, this 20th day of December, 2017. • - anton (Seal) i State of Illinois ) SS r,. County of Fulton ) Filing Certificate I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk of The County of Fulton, Illinois ("County"), and as such official I do further certify as follows: S}' ` 1. That on the ).) day oft� t np4Q , 2017, there was filed in my office a duly certified copy of a Ordinance entitled: AN ORDINANCE PROVIDING FOR AND REQUIRING THE SUBMISSION OF A PROPOSITION TO THE ELECTORS OF THE CITY OF CANTON, ILLINOIS AT THE MARCH 20, 2018 PRIMARY ELECTION, OF WHETHER THE CITY SHALL IMPOSE NON-HOME RULE MUNICIPAL RETAILER'S, SERVICE OCCUPATION and USE TAXES duly a)Ipp ed by the City Council of the City of Canton, Fulton County, Illinois (the "City"), on the a of Qcn , 2017, and that the Ordinance has been deposited in the official files and records of my office. 2. That included in the certification were the form of the public question ("Question") to be placed on the ballot at the General Primary Election to be held on the 20th Day of March, 2018 ("Election"), and the date on which the Question was initiated by the adoption of said Ordinance. 3. That the Question will be submitted to the voters of the City at the Election. 4. That notice that the Question will be submitted to the voters of the City at the Election ("Notice") will be given as required by Section 12-5 of the Election Code of the State of Illinois, as amended, by (a) publishing h tice once not more than 60 nor less than 10 days prior to the date of the Election in the A' Q the same being a local, community newspaper having general circulation in the County, an (b) posting a copy of the Notice at my principal office at least 10 days before the date of the Election, as set forth in Section 5 of said Ordinance, and that the Notice will be substantially in the form set forth in Section 8 of the Ordinance. In Wit ess Whereof, I hereunto affix my official signature and the seal of the County, this2) day ofkXem 20l 7 . County erk, Fulton County (Seal) 4849-3505-8008,v 2 CSR 10 ILCS 5/28-5 Suggested s .7Revlsetl August,2011 SBE No.G-1B CERTIFICATION OF BALLOT (Public Questions) Local election official must certify to each election authority(county clerk or board of election commissioners) who prepares ballots for the political subdivision,not less than Sa days prior to the elections. TO: James Nelson, Fulton County Clerk ,Election Authority FROM: Diana Pavley—Rock Local Election Official In and for City of Canton (Political Division) in the County of Fulton and Slate of Illinois. I;the undersigned Local Election Qfflcial in and for the political dMsion aforesaid,do hereby state that this certification of ballot,consisting of 1 page(s)Is a true and correct listing of the public questions in the order that they are to appear on the ballot to be voted on at the Primary Election to be held on March 20, 2018 ,and the dates upon which they were Initiated. (Insert month,day,year) Dated: (SEAL) (Insert month,day,year) (Local Election Official) SPACE FOR PUBLIC QUESTION This public question was Initiated by(check one and fill In the appropriate dale): petition filed on 20 or 1 2 1 9 resolutioNcrdinance/court order adopted/entered on 2017(a certified copy Is attached hereto) Shall the corporate authorities of the muncipality be authorized to levy a tax at a rate of 1 % for expenditures on municipal operations, expenditures on the public infrastructure, or property tax relief? Yes: No: USE ADDITIONAL SHEETS AS NECESSARY AND ATTACH TO THIS SHEET Page 1 of 1 pages If the enabling statute(s)for any public question Include any special requirements(such as a requirement that separate vote totals be generated for territory within and outside ore political subdivision,orihat a legal description be included on the ballot),provide the details of those requirements(use a separate sheet if necessary). 10 ILCS 6/28-5 Suggested Revised August,2011 irR.a SBE No.G-1B CERTIFICATION OF BALLOT (Public Questions) Local election official must certify to each election authority(county clerk or board of election commissioners) who prepares ballots for the political subdivision,not less than 68 days prior to the elections. TO: James Nelson, Fulton County Clerk ,Election Authority FROM: Diana Pavley-Rock Local Election Official In and for City of Canton (Political Division) in the County of Ful ton and State of Illinois. I;the undersigned Local Election Official In and for the political division aforesaid,do hereby state that this certification of ballot,consisting of page(a)Is a true and correct listing of the public questions in the order that they are to appear on the ballot to be voted on at the Pr imar tion to be held on March 20, 2018 ,and the dates upon which they were in (Insert month,day,year) Dated: (SEAL) (insert month,day,year) (Local Elea on Official) SPACE FOR PUBLIC QUESTION This publio question was initiated by(check one and fill In the appropriate date): petition Red on 20 or 1219 reeolullory — ordinance/court order adopted/entered on 2017(a certified copy Is attached hereto) Shall the corporate authorities of the muncipality be authorized to levy a tax at a rate of 1 % for expenditures on municipal operations, expenditures on the public infrastructure, or property tax relief? Yes: No: USE ADDITIONAL SHEETS AS NECESSARY AND ATTACH TO THIS SHEET Page 1 of 1 pages If the enabling statute(s)for any public question include any special requirements(such as a requirement that separate vote totals be generated for territory within and outside of a political subdivision,or that legal description be Included on the ballot),provide the details of those requirements(use a separate sheet If necessary).