ORDINANCE NO. 495

AN ORDINANCE ADOPTING SECTION ___ OF CHAPTER ___ OF THE CITY CODE OF THE CITY OF PERKINS, OKLAHOMA, LEVVING AN ADDITIONAL ONE QUARTER OF ONE CENT (1/4%) EXCISE TAX (SALES TAX) ON THE GROSS PROCEEDS OR GROSS RECEIPTS DERIVED FROM ALL SALES TAXABLE UNDER THE SALES TAX LAWS OF THE STATE OF OKLAHOMA; SPECIFYING THAT THE EXCISE TAX LEVIED BY SAID SECTION __ OF CHAPTER ___ OF THE CITY CODE OF THE CITY MAY BE EXPENDED ONLY FOR THE LIMITED PURPOSE OF PROVIDING FUNDS FOR CAPITAL IMPROVEMENTS FOR AND GENERAL OPERATIONS OF THE PERKINS PUBLIC LIBRARY; PROVIDING THAT THE EXCISE TAX LEVIED BY SECTION __ OF CHAPTER __ OF THE CITY CODE OF THE CITY OF PERKINS SHALL HAVE A LIMITED TERM, COMMENCING ON JULY 1, 2024 AND TERMINATING ON JUNE 31, 2034; PROVIDING THAT THE EXCISE TAX LEVIED BY SECTION ___ OF CHAPTER ___ OF THE CITY CODE SHALL BE CUMULATIVE TO ALL OTHER EXCISE TAXES CURRENTLY LEVIED BY THE CITY OF PERKINS, OKLAHOMA, PROVIDING FOR CODIFICATION; AND DECLARING AN EMERGENCY.

BE IT ORDAINED BY THE COMMISSION OF THE CITY OF PERKINS, OKLAHOMA:

SECTION 1:   That Article ___ of Chapter ___ of the Perkins City Code is hereby amended by the enactment of a new Section _____ to read as follows:

CHAPTER ___:

SALES TAX CODE

Section ___: Additional One Quarter of One Percent (1/4%) Excise Tax (Sales Tax) for capital improvements and operations expenses for the Perkins Public Library.

a)   A limited-term excise tax (sales tax) in the amount of one quarter of one percent (1/4%) is hereby levied upon the gross proceeds or gross receipts derived from all sales taxable under the sales tax laws of the state of Oklahoma.

b)   The limited-term excise tax levied pursuant to Section ___ above may be expended only for the limited purpose of providing revenues for the operations, programming, and Capital Improvements to the Perkins Public Library.

c)   For purposes of this Section, “Capital Improvements” shall mean without limitation any one or more of the following:

1.   The acquisition of real or personal properties or any interests therein or appurtenances thereto; and/or

2.   The construction, reconstruction, demolition, installation, assembly, renovation, repairing, remodeling, restoring, furbishing, refurbishing, furnishing, refurnishing, equipping, reequipping, or maintenance of the Perkins Public Library building(s), structures, fixtures, or personal properties or on any Library real properties or interests therein or appurtenances thereto; and/or

3.   Any other type of beneficial or valuable change or addition, betterment, enhancement, or amelioration of or upon any real property, or any interest therein or appurtenances thereto, belonging to the Library, intended to enhance its value, beauty, or utility or to adapt it to new or further purposes.

d)   Expenditures to provide Library capital improvements under this Section may include expenditures for any or all items, articles, costs, or expenses related in any way to provide Library capital improvements, including without limitation the following:

1.   Payments of the costs of acquiring real or personal properties or interests therein and appurtenances thereto;

2.   Payments of the costs of construction, reconstruction, demolition, installation, assembly, renovation, repairing, remodeling, restoring, furbishing, refurbishing, furnishing, refurnishing, equipping, reequipping, and maintenance;

3.   Payment of architectural costs, engineering costs, or consulting costs;

4.   Payments of project management costs, administrative costs, and legal costs;

5.   Payment of any other items, articles, costs or expenses related, incidental, or ancillary in any way to providing Library capital improvements

6.   ;

7.   Reimbursements or paybacks for expenditure made by a public trust with the City as its beneficiary for the purpose of providing a Library capital improvement, and/or

8.   If deemed necessary or appropriate by the City Council for cash-flow purposes, for the payment of principal and interest on and the costs of issuance of bonds, notes, or other evidences of indebtedness issued by a public trust with the City as its beneficiary for the purpose of providing a Library capital improvement.

e)   Pursuant to the authority of 68 O.S. §2701(B) there is hereby created a limited-purpose fund to be known as the “Perkins Public Library Capital Improvements Sales Tax Fund” (hereinafter, the “Fund”) into which all revenues collected pursuant to this Section ___ shall be accumulated from year-to-year. The Fund shall be placed in an insured interest-bearing account and the interest that accumulates on the Fund shall be retained in the Fund. The Fund shall be non-fiscal and shall not be considered in any computations of the City for needed appropriations. Monies in the Fund shall be expended only as accumulated and only for the limited purpose specified above.

f)   The excise tax (sales tax) levied pursuant to Section ___ above shall be for a limited term of ten years, beginning at 12:00 A.M. on July 1, 2024 and terminating at 12:00 A.M on June 31, 2034.

g)   As used in this Section, the word “City” shall mean the City of Perkins, Payne County, Oklahoma, a municipal corporation, and/or any public trust with the City as its beneficiary.

h)   The limited-term excise tax (sales tax) levied pursuant to this Section _____ shall be cumulative to all other excise taxes (sales taxes) currently levied by the City on gross proceeds or gross receipts derived from all sales taxable under the sales tax laws of the State of Oklahoma.

SECTION 2: CODIFICATION. The provisions of Section 1 of this Ordinance shall be codified as Section _____ of Chapter ___ of the City Code of the City of Perkins, Oklahoma.

SECTION 3: EFFECTIVE DATE, APPROVAL BY VOTERS REQUIRED. The provisions of Sections 1 and 2 of this Ordinance shall become effective from and after 12:00 A.M on the 1 st day of July, 2024, but only if this Ordinance is approved prior to said date by a majority vote of the qualified, registered voters of the City of Perkins, Oklahoma, voting on such question at a special election to be called for that purpose by the City Council of the City of Perkins and to be held within the City as provided by law, provided, if this Ordinance is not so approved by City voters prior to 12:00 A.M. on March 1, 2024 then the provisions of Sections 1 and 2 hereof shall become null and void and of no force and effect whatsoever.

SECTION 4: REPEALER. All ordinances or parts thereof which are inconsistent with this Ordinance are hereby repealed.

SECTION 5: SAVINGS CLAUSE. Nothing in this Ordinance hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired or liability incurred nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired, or affected by this Ordinance.

SECTION 6: SEVERABILITY. If any one or more of the sections, sentences, clauses or parts of this Ordinance, shall for any reason be held invalid, the invalidity of such section, sentence, clause or part shall not affect or prejudice in any way the applicability and validity of any other provision of this Ordinance.

SECTION 7: AMENDMENTS. The voters of the City of Perkins, Oklahoma, by their approval of this Ordinance at the election required by Section 3, above, hereby authorize the City by Ordinance duly enacted to make such administrative and technical changes or additions in the method and manner of administration and enforcing this Ordinance as may be necessary or proper for efficiency and fairness or in order to make the same consistent with the Oklahoma Sales Tax Code, as amended, except that the rate of the tax and termination date for collection of said tax herein provided for shall not be changed without approval of the qualified electors of the City as provided for by law.

SECTION 8: EMERGENCY AND APPROVAL CLAUSE. WHEREAS, it being immediately necessary for the preservation of peace, health, safety, and public good of the City of Perkins, Payne County, Oklahoma and the inhabitants thereof that the provisions of this Ordinance be put into full force and effect, an emergency is hereby declared to exist by reason whereof this ordinance shall take effect and be in full force from and after the date provided herein as provided by law. It being necessary pursuant to the City Code of the City of Perkins, Oklahoma and Title 68 Oklahoma Statutes §2701 et. seq. that the above Ordinance by approved by a majority vote of the registered voters of the City of Perkins, Oklahoma, such vote to be held at the special election on Tuesday, February 13, 2024, as provided by law, whereof this Ordinance shall not take effect and be in full force unless and until such approval occurs.

INTRODUCED AND CONSIDERED in open meeting of the Commission of the City of Perkins the 14 th day of November, 2023.

PASSED, APPROVED AND ADOPTED by the Commission of the City of Perkins on the 14 th day of November, 2023.

SIGNED by the Mayor of the City of Perkins this 14 th day of November, 2023.

                        MAYOR, City of Perkins

ATTEST:                                    

                        CITY CLERK, City of Perkins

         (SEAL)   

APPROVED AS TO FORM AND LEGALITY:                     

                        CITY ATTORNEY, City of Perkins