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HomeMy WebLinkAbout071-89 Ordinance . RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. 71-89 Passed m19u. ---------~- ------------- AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE VILLAGE OF POWELL~ OHIO~ FOR INCOME TAX ADMINISTRATION, AND DECLARING AN EMERGENCY WHEREAS, the Village of Powell has enacted an income tax ordinance to go into operation January 1, 1990; and WHEREAS, the Village of Powell is desirous of having the Income Tax Division of Dublin administer and collect said income tax on behalf of the Village of Powell; and WHEREAS~ the City of Dublin on the 17th day of July, 1989 passed a Resolution of Intent to support the administration of the tax program of the Village of Powell; NOW~ THEREFORE~ BE IT ORDAINED by the members of the Council of the City of Dublin, State of Ohio, 6 of the elected members concurring: Sect ion 1. That the terms of said contract are attached hereto as Exhibit "A". Section 2. That this Ordinance be, and the same hereby is, declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare and for further reason that time is of the essence in this situation due to the need to establish the operating procedures for the administration of said tax, and therefore, this Ordinance shall take effect and be enforced immediately upon passage. Passed this 7th day of August , 1989. -- I I I I Attest: i /7 . ~ I JJt~ ~ .~ Clerk of Cou cil' c__ Sponsor: Income Tax Administrator ',hereby cer~if~ that copies of this Orrl'nance/Resolution were posted in the City of Dublm In accordance w:th Setfon 731.25 of the tIJl:o Revised Code, Jflaro-o'1' 'tf~ Clerk of Coun I, Dublin, Ohio , MEMORANDUM TO: Members of Dublin City Council FROM: Timothy C. Hansley, City Manager SUBJECT; Ordinance Authorizing the Execution of a Contract with the Village of Powell for Income Tax Administration Initiated by: Steve Hoffman, Tax Administrator DATE: July 27, 1989 The attached legislation would authorize the execution of a contract between Dublin and Powell for the administration of Powell's income tax by Dublin. The proposed contract which is based on the agreement that existed between Columbus and Dublin from 1972 to 1986 is also attached for your information. Time is of the essence in this situation due to the amount of time required to establish the operating procedures for the administration of Powell's income tax. Forms will have to be designed, approved and printed, computer software and hardware will have to be determined and tested, registration of taxpayers and data entry will have to be accomplished by January 1 of 1990. Other issues, such as the jurisdictions of the Dublin Mayor's Court for violation of Powell's ordinance, establishing a separate checking account for refunds and receipt of funds, establishment of a trust fund account and other items will also have to be decided. The Administration believes that all of these issues can be resolved within the time frame, however, we are reluctant to proceed with these efforts until a contract is in place. Therefore, the passage of this legislation is strongly recommended. , . ..'", .,. CONTRACT '\ 0 j~"",jt"": heiL This contract made and entered into this ~ day of . ~ 19~, by and between the City of Dublin, Ohio, hereinafter referred to as "Dublin", and the. Village of Powell, Ohio, hereinafter referred to as "Powell", VI'lRESSE'IIl: WHEREAS. Powell has enacted an income tax ordinance to go into I operation January 1, 1990. VHEREAS. Powell is desirous of having the Income Tax Division of Dublin administer. and collect said income tax on behalf of Powell. NO". THEREFORE. in consideration of the promises and agreements of the .. parties hereto, as herein set forth, I I . 11. Dublin, commencing 'on the 1st day of January, 1990, and thereinafter until this conttact is terminated, under the provisions hereinafter set forth, promis~s and agrees to administer said income tax ordinance and to collect all income tax monies due to Powell in accordance with the provisions of applicable statues and the ordinances of Powell. Dublin shall furnish all per~onnel, facilities, office machines, tax forms, 'stationary, postage, etc., necessary to perform the services provided herei~, it ~eing th~ intent hereof that Dublin will distribute the I - necessary forms, process the returns, collect the tax, make refunds of 'over-payments, and will endeavor by all reasonable means to enforce the provisions of said inc~me tax ordinance insofar as they relate to collection of all tax liabilities thereunder, in the same manner and with the same diligence used by Dublin in the administration of its own income tax ordinance, except as otherwise specifically provided herein; and provided, also, however, Dublin will in no way be responsible for any uncollected taxes and in that respect may not be sued or held financially responsible for taxes that have not been collected. 2. lnperforming its functions hereunder, Dublin shall cooperate in every reasonable way with Powell's Village Administrator and shall give him and his assistants access to all records relative to the administration of the Powell income tax ordinance and shall furnish him with such pertinent information as he may reasonably require. 3. Following collection of ipcome tax monies due to Powell as set forth in pa~~graph 1. above, Dublin shall place said monies into a specially created Village of Powell Income Tax Trust Fund. The Finance Director of the City of Dublin shall, at approximately monthly intervals, transfer the amounts of money then in said Income Tax Trust Fund to the Village of Powell. 4. Dublin shall make r~funds for proven amounts of overpayment of said taxes collected, said refunds to be made from a fund to be established and maintained in accordance with the provisions of paragraph 6. below. . 5. In consideration therefor, Powell shall pay to Dublin a sum equal to four (4) per cent of the gross income tax proceeds collected by Dublin. Said payments shall be deducted from the approximately monthly transfer of income tax collected. .' I ;, ~ - -, ,~ . : ' . .0, ~ t '! I i.'.' ~ f_. ~ . , I I