ADVERTISEMENT

NOTICE OF ELECTION ON INITIATIVE ORDINAN

NOTICE OF ELECTION ON INITIATIVE ORDINANCE TO AMEND SALES & USE TAX DICKINSON NORTH DAKOTA NOVEMBER 8, 2022 NOTICE IS HEREBY GIVEN that a CITY ELECTION will be held within the City of Dickinson, Stark County, North Dakota on Tuesday, November 8, 2022, for the purpose of submitting to the voters of said City of Dickinson, the following question: Shall the City of Dickinson adopt an Ordinance No. X as published in the Dickinson Press on October 19, 2022, and October 26, 2022, which will implement an additional one percent (1 % ) sales, use and gross receipts tax within the City of Dickinson, dedicating revenues collected by the tax, less administrative expenses, to fund property tax reduction, special community projects and city capital projects? The polls shall be opened at 8 o’clock AM and shall remain open continuously until 7 o’clock PM (MST) on said date. The polling places for holding said election are as follows: Prairie Hills Mall Biesiot Activities Center And any other locations designated by the Stark County Auditor Dated this 3rd day of October 2022. City of Dickinson, North Dakota Dustin Dassinger, City Administrator ELECTION BALLOT CITY OF DICI(INSON NOVEMBER 8, 2022 INITIATIVE ORDINANCE TO AMEND SALES & USE TAX INSTRUCTIONS To Vote You Must Place an “X” on the line provided. 1. Shall the Home Rule Charter for the City of Dickinson be amended to authorize the City Commission to impose an additional one percent (1 %) sales, use and gross receipts tax, less administrative expenses, dedicating the revenues collected for: X Forty percent (40%) to property tax reduction. X Thirty percent (30%) to city capital projects and infrastructure (streets, water, sewer and stormwater). X Thirty percent (30%) to community betterment projects. A “YES” vote means you approve the City Measure as summarized above. A “NO” vote means you reject the City Measure as summarized above. YES____ NO_____ ORDINANCE NO. __ _ AN ORDINANCE AMENDING AND RE-ENACTING SECTION 35.090 REGARDING SALES, USE & GROSS RECEIPTS TAX PURSUANT TO THE HOME RULE CHARTER OF THE CITY OF DICKINSON BE IT ORDAINED, by the City Commission of the City of Dickinson, No1th Dakota, as follows: WHEREAS, the City of Dickinson is a political subdivision and home rule city in North Dakota with powers and authority pursuant to its Home Rule Charter and Title 40 of the North Dakota Century Code, including N.D.C.C. § 40-05.1-06; WHEREAS, the City of Dickinson’s Home Rule Charter explicitly authorizes the imposition of a sales and use tax; WHEREAS, this Ordinance shall be in full force and effect only after approval of the majority of the qualified electors of the City of Dickinson voting at the general election of this ordinance and subsequent approval by at least a majority of the City Commission of the City of Dickinson, North Dakota. SECTION 1. Amendment. Section 35.020 of the City Code of the City of Dickinson shall be amended and reenacted as follows: Section 35.020 Sales tax imposed. Except as otherwise provided in this article, a tax of one and one half two and one half percent is imposed upon the gross receipts of retailers from all retail sales within the corporate limits of the City of Dickinson, North Dakota, of the following: (a) Tangible personal property, consisting of goods, wares, or merchandise. (b) The furnishing or service of gas, communication services, or steam other than steam used for processing agricultural products. (c) Tickets or admissions to places of amusement or entertainment or athletic events, including amounts charged for participation in an amusement, entertainment, or athletic activity, and including the playing of any machine for amusement or entertainment in response to the use of a coin. (d) Magazines and other periodicals. (e) The leasing or renting of a hotel or motel room or tourist court accommodations. (f) The leasing or renting of tangible personal property, the transfer of title to which has not been subjected to a retail sales tax under this chapter. (g) Sales of alcoholic beverages and tobacco products as defined in section 57-39.2- 03.2 NDCC. (h) Furnishing and installment or attachment to real property in this state by a contractor or a subcontractor who is a retailer of drapes, hardware for hanging drapes, or carpet for floor covering. (Ord. No. 1040, § 1; Ord. 1233 § 1.) SECTION 2. Amendment. Section 35.090 of the City Code of the City of Dickinson shall be amended and reenacted as follows: Section 35.090 Dedication of tax proceeds (a) All revenues raised and collected from the one percent sales and use. tax initially adopted on July 1, 1990, less administrative expenses, shall be dedicated as follows: 1) Fifty percent of said revenues shall be dedicated to bonded indebtedness, property tax reduction, and infrastructure (streets, water and sewer). 2) Thirty percent of said revenues shall be dedicated to capital improvements to enhance social and economic vitality of Dickinson and the Southwest area. 3) Twenty percent of said revenues shall be dedicated to job creation and senior citizen activities. All revenue shall be maintained in a fund, to be known as the sales tax fund, separate and apart from all other funds, except as provided by this section. (b) All revenues raised and collected from the additional one-half percent sales and use tax adopted by Ordinance No. 1233, less administrative expenses, shall be dedicated as follows: 1) Construction of a public building (community center) to be used for the purpose of an aquatic center, gymnasium and related uses, which may include pledging such sales and use tax revenues to the payment of bond issued for such construction in anticipation of the collection and receipt of such sales and use tax, and if so pledged, the sales and use tax may not be repealed so long as any such bonds or bonds refunding the bonds are outstanding; or 2) Operation, maintenance and repair expenses for a public building (community center) to be used for the purpose of an aquatic center, gymnasium and related uses; or 3) Property tax reduction and infrastructure (streets, water and sewer). ( c) All revenues raised and collected from the additional one-half percent sales and use tax adopted by Ordinance No. ___ , less administrative expenses, shall be dedicated as follows: 1) Forty percent (40%) of the tax proceeds shall be dedicated to property tax reduction. 2) Thirty percent (30%) of the tax proceeds shall be dedicated to city capital projects and infrastructure (streets, water, sewer and stormwater). 3) Thirty percent (30%) of the tax proceeds shall be dedicated to community betterment projects .. ( ed) The board of city commissioners shall determine the amount by which the bonded debt and the property tax levy shall be reduced each year prior to the adoption of the city’s budget. (??) In the event that the board of city commissioners desires to change the distribution formula herein created and the board of city commissioners has so determined the necessity of such changes, the board of city commissioners shall call for an election for any change or modification of a sales tax in the city. (ef) Revenues and any income therefrom shall accumulate in the sales tax fund until expended by the board as permitted by this section. (Ord. No. 1040, § 1; Ord. No. 1100, § 1; Ord. 1233 § 4; Ord. No. 1351 §1.) SECTION 3: Repeal of Ordinances in Conflict. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION 4: Severability. In the event any section of this Ordinance is held invalid by court of competent jurisdiction, the invalidity shall extend only to the section affected, and other sections of this Chapter shall continue in full force and effect. SECTION 5: Effective Date. This Ordinance shall be in full force and effect following its final passage, adoption, and publication, but will not be implemented prior to 12:01 a.m. on April 1, 2023, following the termination of the city sales and use taxes currently in existence. Dated this __ day of ____ , 2022. CITY OF DICKINSON By ___________ Scott Decker, President Board of City Commissioners ATTEST: Dustin Dassinger, City Administrator First Reading: Second Reading: Adoption: Certificate of Auditor I, Dustin Dassinger, do hereby certify that I am the City Administrator for the City of Dickinson, North Dakota; that the attached Ordinance No. __ is a true and correct copy of the Ordinance Enacting a Sales, Use & Gross Receipts Tax Pursuant to the Home Rule Charter of the City of Dickinson. IN WITNESS WHEREOF, I hereunto set my hand this __ day of _____ , 2022. CITY OF DICKINSON City Administrator (Oct. 19 & 26, 2022) 108863