194.01 AUTHORITY TO LEVY TAX; PURPOSE OF TAX; ALLOCATION.
   (A)    To provide funds for the purposes of general municipal functions of the City, to pay costs of constructing, improving and repairing streets, roads and highways, storm sewers, storm water retention basins and other drainage facilities and water lines and principal of and, interest on bonds and notes issued for any of those purposes and to pay costs of constructing, improving, furnishing, equipping, operating and maintaining the Recreation Center, a new and/or the existing
Community Services Center and parks and other recreational facilities and principal of and interest on bonds and notes issued for any of those purposes, there is hereby levied a tax on all salaries, wages, commissions and other compensations, and on net profits as hereinafter provided.
   (B)    (1)    The annual tax is levied at a rate of one and one-half percent (1½ %) per year for the period beginning January 1, 1996, and ending on December 31, 2037, at the rate of one and one-eighths percent (1 1/8%) per year for the period beginning January 1, 2038, and ending on December 31, 2045, and thereafter at the rate of one percent (1%) per year. The tax is levied at a uniform rate on all persons residing in or earning or receiving income in Westlake. The tax is levied on income, qualifying wages, commissions and other compensation, and on net profits as hereinafter provided in Section 194.03 of this Chapter and other sections as they may apply.
      (2)    Allocation of funds collected. The funds collected under the provisions of this Chapter shall be allocated in the following manner:
         (a)    First, such part thereof as shall be necessary to defray all expenses of collecting the tax and of administering and enforcing the provisions of this Chapter shall be paid.
         (b)    Second, the amount produced by the three-eighths percent (3/8%) increase in the income tax for the purpose of providing funds to pay the costs of constructing, improving and repairing streets, roads and highways, storm sewers, storm water retention basins and other drainage facilities and water lines and principal of and interest on bonds and notes issued for any of those purposes, first approved by the electors on May 4, 1993, and renewed by the electors on November 7, 2006, and on November 5, 2019, shall be placed in a special fund or funds and used only for those purposes.
         (c)    Third, the amount produced by the one-eighth percent (1/8%) increase in the income tax for the purpose of providing funds to pay costs of constructing, improving, furnishing, equipping, operating and maintaining the Recreation Center, a new and/or the existing Community Services Center and parks and other recreational facilities and principal of and interest on bonds and notes issued for any of those purposes, approved by the electors on November 7, 1995, and renewed and the purpose thereof amended by the electors on November 7, 2017, shall be placed in a special fund or funds and used only for those purposes.
         (d)    The balance remaining after payment of the expenses referred to in subsection (a) hereof and the allocation provided in subsections (b) and (c) hereof shall be deposited in the General Fund for municipal purposes.
   (C)    The tax on income and the withholding tax established by this Chapter are authorized by Article XVIII, Section 3 of the Ohio Constitution. The tax is levied in accordance with, and is intended to be consistent with, the provisions and limitations of Ohio Revised Code 718 (ORC 718). This Chapter is effective for tax years beginning on and after January 1, 2016. Municipal tax years beginning on or before December 31, 2015, are subject to the income tax ordinance and amendments thereto, and rules and regulations and amendments thereto, as they existed before January 1, 2016.
(Ord. 2019-45. Approved by voters 11-5-19.)