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18-71 Ordinance 'I I I I I I. II I II . I . I I I ' " . I " I I i ~\ . . , ORDIANCE NO. / f41 / , VILLAGE OF DUBLIN, OHIO AN ORDINANCE A UTHORIZING THE MA YOR AND CLERK-TREASURER TO ENTER INTO A CONTRACT ON BEHALF OF THE VILLAGE OF DUBLIN, OHIO, WITH THE CITY OF COLUMBUS, OIDO, PROVIDING FOR THE i ADMINISTRATION BY COLUMBUS OF THE I VILLAGE OF DUBLIN INCOME TAX ORDI- ~ NANCE AND THE COLLECTION OF INCOME TAX MONIES DUE THE VILLAGE OF DUBLIN -.......... AND FOR THE PA YMENT TO THE CITY OF COLUMBUS IN CONSIDERATION FOR THE ADMINISTRA TION AND COLLECTION OF SAID INCOME TAX A SUM EQUAL TO FIVE PER- CENT OF THE GROSS INCOME TAX SO COLLECTED BY COLUMBUS; AND DECLARING AN EMERGENCY BE IT ORDA INED by the Council of the Village of Dublin, State of Ohio, t of the elected members concurring: I I SECTION 1. That the Mayor and the Clerk-Treasurer I i be and they hereby are authorized and directed to execute a contract by . and between the; Village of Dublin, Ohio~ and the City of Columbus, Ohio, I , I } for the administration and collection of the income tax ordinance of the L: Village of Dublin, Ohio, on the terms contained, in. the agreement attached hereto which is hereby made a part of this Ordinance. I SECTION 2. That this Ordinance be, and the same hereby I , is, declared to be an emergency measure necessary for the immediate .r,. .....1 . . ... preservation of the public peace, health' and safety, for the reason that ; it is immediate ly necessary to enter into an agreement for the adminis- 1 tration of the income tax ordinance of the Village of Dublin, Ohio, and i I I that this Ordinance shall take effect and be in force immediately upon its passage. I , President I \ , ~ #0 v: G Passed this / day of , 1971. ttes~~, ..~~ j , I Clerk-Tr asurer ~ I i , " I '-.., . " _. -- - - ~- rl ~---~- I. -. --I - , 1- -F' tl-VII 1""T--7"'I'-.-:--r;:-rr--"Il';-.~-r:-" ......' -- -"-""-t1-.~. . :-.,.-,.....--------. --.----- 'I I I II' I II III I I II I ' ., I II " I I ',. - " :- ~,. ~ . . CONTRACT This contract made and entered into this day of . 1971. by and between the Village of Dublin. Ohia. hereinafter referred i U to as "Dublin". and the City of Columbus. Ohio. hereinafter referred to as "Columbus". UITNESSETH: ~n1EREAS. Dublin has enacted an income tax ordinance to go into 'operation Januray 1. 1972. and t,mEREAS. Dublin is desirous of having the Income Tax Division ofCol~~bus admin{ster land collect said income tax on behalf of Dublin. . . Nml. THEREFORE. in consideration of the promises and agreements of , , the parties hereta. as herein set forth. I 1. Columbus. commencing on the 1st day of January. 1972. and , thereafter until this contract is terminated. under the provisions herein- after set farth. promises and agrees to ad~inister said income tax ordi- nance and ta collect all income tax monies due to Dublin in accordance . " '. -...... ~yith the provisions of applicable statutes and the ordinances of Dublin. Colu~bus shall furnish all personnel. facilities. office machines. tax forms. stationary. postage. etc.. necessary to perform the services prov.ided herein. it being the intent hereaf that Columbus will distribute :~ .the necessary forms. process the returns. collect the tax. make refunds l of over-payments. and will endeavor by all reasonable means to enforce the pravisions of: said income tax ordinance insofar as they relate to collection of all. tax liabilities thereunder. in the same manner and with , . the same diligence used by Columbus in the administration af its o~~ income tax ordinance. except:as athert..rise specifically provided her.einj and pravided. also. however. Calumbus ~vill in no ~vay 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. In performing its functions hereunder. Columbus shall cooperate i , ;~ 1 in every reasonable ~vay~o7ith Dublin's chief income ta:( administrator , and shall give him and his assistants access to all records relative to I the administration of the Dublin income tax ordinance and shall furnish i ! him ~..rith such per~inentinfarr:lation as he may reasonably require. .! , 3. Fallowing call~ction of income tax monies due to Dublin as set i forth in paragraph ~ above. Columbus shall place said monies into a ~ specially created Village of Dublin Income Tax Trust Fund. The Auditor of the City of Columbus shall. at approximately monthly intervals. . transfer the amounts of money then in said Income Tax Trust Fund to the Village of Dublin. 4. Columbus shall make refunds for proven amounts of over- " payment 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 belo~v. r . " 5. In consideration therefor. Dublin shall pay to Columbus a sum \ i equal to five (5) per cent of the gross income tax proceeds collected by I I j Calumbus. Said payments shall be deducted from the approximately monthly \ i transfer of inco~e tax collected. V " 6. In' addition to the payment set forth in paragraph 5 above. Dublin shall pay to Columbus a sum equal to one (1) per cent of the income tax proceeds transferred to Dublin by Calumbus in accordance with the provisions of paragraph 3 abave. The monies paid.to Columbus in accordance with the provisions of this paragraph shall be, utilized to , create and maintain a fund out of which Columbus shall pay refunds in ! i . ' . .\ , _.~._- " ~ I -.-- _'4 .;----;-~~_;__--_:-- I ,-'. .-;- '~'~ll.-C j, j, . . -:- . ,., ~, "";.. ,.... :.....' ,.. .... . . ". --_.-.. ."- '- - -".-.- ---. .._~d:~ " , , I I' , " I II , : I II I : I ' I II I I I i ..... - I . .. I ~ accord~nce tlith the provisions of p~ragraph 3 above. The amount of this fund shall not exceed ~70 TI10usand Dallars ($2.000) and payments into this fund in accordance with the provisions herein shall be made only until the tatal amount of the fund is Two Thousand Dollars ($2.000). l.fuen the amount of monies in this fund drops below One TI10usand Dollars ($1.000) by reason of payments therefrom as provided herein. then upon ; request of Columbus. an additional pay:nent shall be made to said fund i , by Dublin to restore the fund to ~~o Thousand Dollars ($2.000) ar such r I lesser amount as the Columbus City Auditor may deem necessary. ! ! ! 7. Dublin shall furnish a list of prospective taxpayers to , Columbus. as a basis for procedure in connection with the collection of l r said income taxes for Dublin by Colucbus. Dublin shall make every r 0' 'effort possible to prepare and furnish an accurate list but shall not \ r I be responsible for inac~uracies which may occur. . ; 8. It is I:1utually: agreed by and bett~een the parties hereto. . upon the consideration ~faresaid. that Columbus shall nat be res pons- I ~ ,.ible for legal action on the delinquent accounts. either through civil . or criminal actions in any courts of competent juri~diction. 9. Either party may cancel and terminate this contract agreement by giving six (6) months written notice to the other party of its t "' intention so to do. ~ I This contract shall remain in full force and effect unless and " until its cancellation or te~ination as provided herein. f. [ Dated this day of . 1971. : . ) .IN HITNESS WHEREOF.' THE Village of Dublin has caused its ' t' I- " name to be subscribed by, Joseph R. Dixon. its Hayor. and Sherman :-: I Sheldon. its Clerk-Treasurer. being duly authorized in the premises . , .. i by the pravisions :of Ordinance No. of the Council of the I ~illage ,of Dublin~ Ohio.: passed '. 1971. , '-.-Ii " . ,,' " i 1< ! Mayor i. . ., '" ~ ; - d r: H I' Clerk-Treasurer 'I , .1 I' '\ IN HITNESS HHEREOF. THE City of Columbus. Ohio. has caused its . 1.1 ~ ~ \ name to be subscribed by Hugh J. ~orrian. its City Auditor. being duly, I, autharized in the premises by ordinance of the City Council of the City " of Columbus. Na. 1302-71: dated September 13. 1971. ~ : ,. " , ", . " . ',' ;1 :, ~:t I Columbus City Auditor I I, , , \ . 1.1 ,. .. , 11 ,. .'; , , .; , Ii " Ij I ' . Ii /. I ~I I . ''-../ ! 0' : ., . i ! , ~ ; , .... I, " . i . U -_.~- -~ .''':1 .. ,-- , J 'I' , II "t II I ,1Il .0 .." t..... "... ... ... OM.. ..,.