Public Notice

PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLA., JULY 29, 2007.

RESOLUTION NO. 2007-9

A RESOLUTION AUTHORIZING THE CALLING AND HOLDING OF AN ELECTION TO BE HELD IN THE CITY OF CLAREMORE, OKLAHOMA, ON THE 11TH DAY OF SEPTEMBER, 2007, FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED, QUALIFIED VOTERS OF SAID CITY THE QUESTION OF WHETHER ORDINANCE NO. 2007-11 ADOPTED THE 2ND DAY OF JULY, 2007, SHALL BE APPROVED WHICH PROVIDES FOR FUNDS FOR SPECIAL PURPOSES OF THE MUNICIPAL GOVERNMENT OF THE CITY, LEVIES AN EXCISE TAX OF 1% ON THE GROSS RECEIPTS OR PROCEEDS ON CERTAIN SALES AS THEREIN DEFINED; AMENDS ORDINANCE NO. 2002-07; DEFINES TERMS; PRESCRIBES PROCEDURES, REMEDIES, LIEN AND FIXES PENALTIES; AND FIXES EFFECTIVE DATE AND TERMINATION DATE; AND NOTIFYING THE ROGERS COUNTY ELECTION BOARD OF THE HOLDING OF SUCH ELECTION.

WHEREAS, the excise tax of one percent (1%) levied by the City of Claremore, Oklahoma, in Ordinance No. 2002-07 effective July 1, 2002, will expire on July 01, 2008; and,

WHEREAS, it is considered necessary and in the best interests of the City of Claremore, Oklahoma, to amend Ordinance No. 2002-07 and to continue an excise tax for a period of six (6) years effective on and after July 1, 2008 .

WHEREAS, the Council of the City of Claremore, Oklahoma, has adopted Ordinance No. 2007-11 which amends Ordinance No. 2002-07, provides for funds for special purposes of the municipal government of the City, levies an excise tax of 1% on the gross receipts or proceeds on certain sales as therein defined, defines terms, prescribes procedures, remedies, lien and fixes penalties, and fixes effective date and termination date, subject to the approval of a majority of the registered voters of the City of Claremore, Oklahoma, voting on the same in the manner prescribed by Title 26, Oklahoma Statutes 1996 § 13-101 et seq., as amended; and,

WHEREAS, Title 26, Oklahoma Statutes 1996,§ 13-102, as amended, requires the City of Claremore, Oklahoma, to give sixty (60) days’ notice by resolution of the said special election to the Rogers County Election Board, stating therein the date of said election, the questions, to be voted upon at said election, and other information necessary for conducting such election.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLAREMORE, OKLAHOMA:

Section 1. That the Mayor of the City of Claremore, Oklahoma, be and is hereby authorized and directed to call a special election to be held in the City of Claremore, Oklahoma, on the 11th day of September, 2007, for the purpose of submitting the question as to whether Ordinance No. 2007-11 shall be approved, which amends Ordinance No. 2002-07, which provides for funds for special purposes of the municipal government of the City, levies an excise tax of 1% on the gross receipt or proceeds on certain sales as therein defined, defines terms, prescribes procedures, remedies, lien and fixes penalties, and fixes effective date and termination date.

Section 2. That the ballot setting forth the following proposition shall be submitted to the registered, qualified voters of the City of Claremore, Oklahoma, at said election, to-wit:

PROPOSITION

Shall Ordinance No. 2007-11 of the City of Claremore, Oklahoma, relating to:

An Ordinance levying and assessing an excise tax of one percent (1%), in addition to all other taxes now in effect in said city, upon the gross proceeds or gross receipts derived from all sales to any persons taxable under the Sales Tax Code of Oklahoma including but not limited to certain enumerated sales listed therein; amending Ordinance No. 2002-07; providing exemptions exempted from the Sales Tax Law of Oklahoma including but not limited to certain enumerated exemptions listed therein; providing for the administration and collection of tax; providing for a six-year term of said tax; requiring the filing of returns; providing for interest and penalties for failure to pay tax when due; providing for taxpayer to keep records; requiring vendors to collect tax from purchaser at time of sale; establishing liens; authorizing the City Council to make administrative and technical changes and additions except for tax rate, term, and purposes; making the tax cumulative; providing severability of provision; requiring approval of Ordinance by majority of registered voters voting at an election held for such purpose as provided by law; providing that revenue received from such sales tax shall be used for the following purposes;

Forty percent (40%) of the net revenues derived from the tax herein levied shall be used by the City of Claremore for the addition, enlargement of, and/or maintenance, and/or improvement of the City’s capital improvements, and/or to retire or be applied or pledged toward retirement of any legal indebtedness now existing or incurred in the future, relating to capital improvements only; Capital improvement shall mean all items and articles, either new or replacements not consumed with use but only diminished in value with prolonged use, including but not limited to drainage improvements, water and sewerage improvements, machinery, equipment, furniture and fixtures, all real property, all construction or reconstruction of buildings, appurtenances and improvements to real property, the costs and expenses related thereto of rights of way or other real property, engineering, or architectural, or legal fees; and,

Twenty percent (20%) of the net revenues derived from the tax herein levied shall be used by the City of Claremore for the operation and/or maintenance of the police department of said City, and/or to retire or to be applied or pledged toward retirement of any legal indebtedness now existing or incurred in the future relating to operation and/or maintenance of the police department; and,

Twenty percent (20%) of the net revenues derived from the tax herein levied shall be used by the City of Claremore for the operation and/or maintenance of the fire department of said City, and/or to retire or to be applied or pledged toward retirement of any legal indebtedness now existing or incurred in the future relating to operation and/or maintenance of the fire department; and,

Twenty percent (20%) of the net revenues derived from the tax herein levied shall be used by the City of Claremore for addition to, enlargement of, and/or improvement, and/or operation and/or maintenance of the park department and of park and recreation facilities of said City, and/or to retire or be applied or pledged toward retirement of any legal indebtedness now existing or incurred in the future relating to parks improvement only.

Providing that each specific project for which said revenues are to be used and/or each legal indebtedness to which said revenue shall be applied or pledged shall have prior approval of the City Council of the City of Claremore and shall conform to the purposes for which said revenues are being acquired as provided in said Ordinance; and fixing effective date.

be approved.

The ballot to be used at said election shall set out the proposition as above set forth and after the proposition shall contain the following:

YES-FOR ____ _____

The Above Proposition

NO-AGAINST ____ ____

The Above Proposition

Section 3. That only the registered voters of the City of Claremore, Oklahoma, may vote upon the proposition as above set forth; that the said proposition, as set forth above, must be approved by a majority of the said voters voting on the proposition at said election; and that the Rogers County Election Board shall conduct the election, canvass the returns and certify that results to the City Council. That the Rogers County Election Board shall be notified of such special election by receipt of a copy of this Resolution.

Section 4. Absentee Ballots - Absentee ballots shall be provided in accordance with the provisions of the general election laws of the State of Oklahoma.

ADOPTED, this 2nd day of July, 2007.

City of Claremore, Oklahoma

s/ Brant Shallenburger, Mayor

Attest:

s/ Nan Pope

City Clerk

(SEAL)