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080-79 Ordinance .. ; '-'- ~ , TITLE A\1ENDED: "'. L_ -,'} ~ An Ord i nance amend i n9 sect ion 500, subsect ion 8ttl ~~tf8i'ft 502 of the Subdivision Regulations and section 705. PI~ 02 of the Zoning Code specifying the time of paying and nE I t he amount of funds to be pa i d by an owner of a subd i vis i ohl C 1 7 1979 (residential), into the Park and PlaY~.s\url.4Jund. ORDINANCE NO. l!fU" E7 AN ORDINANCE CREATING A TAX FOR RECREATION CAPITAL IMPROVEMENTS AND OPERATION AND MAINTENANCE AND DECLARING AN EMERGENCY I; . , WHEREAS, the population of the Village of Dublin has in- creased in quantities far exceeding expectations and forecasts and is certain to continue to do so, and WHEREAS, the present park and recreation facilities of the I Village are inadequate to accomodate such expansive population I growth and there is expected to be a need for such facilities accompanying the above described population growth, and I WHEREAS, the expense of the acquisition of such new park ! and recreastion facilities and part of the added cost to expand I I existing facilities should be borne and financed by the owners I I of real property which is being developed to accomodate the I I I growing and existing Village population areas directly benefitte I thereby, and WHEREAS, the aforesaid added cost ought to be borne by the i aforesaid additional increased populous of the Village by means I of creating a tax on all newly constructed residential units I within the Village with such reven~es as derived from said tax to be used, together with tax funds from other municipal tax sources, for the acquisition, development, maintenance and operation of publicly owned recreation sites and facilities, I II including without limitation: park sites. area recreational , facilities and community recreation centers within said Village, NOW, THEREFORE, BE IT ORDAINED by the Council of the Village, I 6., members concurring: I Section 1. There be and hereby is enacted a Park and Recreation Development Tax to be collected and used as follows: PARK AND RECREATION TAX A. Purpose: I Recognizing the continual need for recreational facilities within the Village and conforming this need I to the growth of population and increase in the number i of residential units within the Village, it shall be the purpose of this Ordinance to provide, together with monies derived from other municipal funds, for the . ~... . . . : ORDINANCE NO. 90 ~ ,. AN ORDINANCE CREATING A TAX FOR RECREATION CAPITAL IMPROVEMENTS AND OPERATION AND MAINTENANCE AND DECLARING AN EMERGENCY. Page Two I orderly acquisition, development, maintenance and operation of publicly owned recreation sites and facilities, including, but not limited to, park sites, area recreational facilities and community recreation centers within said Village by creating a tax to be charged on all residential units. B. Tax Established: From and after the effective date of this Ordinance there is hereby created a tax to be paid concurrently with the obtaining of a Certificate of Zoning Complian e, I as follows: For each single or multiple family $ ""~ residential unit. . . . . . . . . . . . .r-.- . ~ For the purposes of this Ordinance residential unit shall mean each unit designed and intended to be occupied by one family. C. Use of Tax: I All such taxes shall be used for the acquisition, development, maintenance and operation of publicly I owned recreation sites and facilities including, but not limited to, park sites, area recreational faciliti s and community recreation centers within the Village of Dublin, Ohio. D. Deposit of Taxes: All tax money collected under this Ordinance shall be placed in a separate fund to be entitled Recreation Tax Fund. E. Other Recreation Funds: I During the period of time that the tax levied by this Ordinance is collected, the Council of the Village of Dublin shall appropriate annually from other municipal tax sources a sum not less than equal to the tax monie derived from this Ordinance for recreational purposes which may include funds required to be appropriated fo Recreational Capital Improvements. Such funds so appropriated shall be placed in a separate Recreationa Fund and said appropriations, once made, shall be irrevocable and shall be used for no purpose other tha those established by this Ordinance. Any funds appro- I priated but not expended in any tax year shall be carried over into the next ensuing tax year and shall not diminish or relieve the appropriations required to be made under this section for any ensuing tax year The Clerk and Finance Director for the Village of Dublin, Ohio, are directed to create a cash Recreation Fund and are further directed during each year that th recreation tax herein is collected, prior to returning any unencumbered recreation funds appropriated by Council to the General Fund at the close of the year, to transfer to the cash Recreation Fund from General Fund monies appropriated by Council a sum of money equ I to the amount of money collected from said recreation I tax after first deducting expenditures during the tax year from the Recreation Capital Improvement Fund or any other recreation expenditures made from General Fund money, it being the intention of Council that I I ~ ... .t 2.~ ORDINANCE NO. '~.1' AN ORDINANCE CREATING A TAX FOR RECREATION CAPITAL IMPROVEMENTS AND OPERATION AND MAINTENANCE AND DECLARING AN EMERGENCY. Page Three I during each year that the recreation tax is in force that an amount equal to the tax monies received from the recreation tax shall be irrevocably committed to i recreation purposes from General Fund monies of said i i; Village. I I F. Prohibition: I I (1) No Certificate, of Zoning Compliance for the construction of a residence shall be issued unles and until the tax provided for in this section is i paid. I I (2) No person, firm or corporation shall reveive or I I be entitled to receive the Certificate of Zoning Compliance for the construction of a residence structure unless and until the tax provided for in this section is paid on each such Certificate of Zoning Compliance issued. (3) Nothing contained in this section shall relieve II or be interpreted as relieving any person, firm 0 corporation from complying with all other ordi- nances, laws, rules, regulations of the Village I or of any other governmental agency where they are now in force or hereafter enacted, regulating and governing the issuance of building permits for the construction of residence structures in the Village. G. Effective Period: The tax imposed by this Ordinance shall be levied, collected and paid concurrently with all Certificate of Zoning Compliance applications for residential property on and after MAR 1 1981' . H. Penalty: Any person who violates the provision of this Ordinanc shall be fined not more than Five Hundred Dollars ($500.00) or imprisoned not more than Thirty (30) days or both. I Section 2. This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, safety and welfare and for the further reason that the I accumulation of funds for recreation purposes is required to be- gin at the earliest possible date; therefore, this measure shall II take effect and be in force from and after its passage by Counci and approval by the Mayor. Passed this /11t1- day of :p~,t:WI. .c, 6k , 19 7' . I 'I II II ..' ~ '.,. , ORDINANCE NO. AN ORDINANCE CREATING A TAX FOR RECREATION OF CAPITAL IMPROVEMENTS AND OPERATING AND MAINTENANCE AND DECLARING AN EMERGENCY. Page Four I I I ~.~, .../ Presi ent ro Tempore I ~~ ha Or - resng fficer 11 ATTEST: ~ I Clerk-Treasurer I I I , I I I I I I I ,