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February 21, 2011 (Regular Meeting) Page 308 ... - Cabarrus County

February 21, 2011 (Regular Meeting) Page 308 ... - Cabarrus County

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<strong>February</strong> <strong>21</strong>, <strong>2011</strong> (<strong>Regular</strong> <strong>Meeting</strong>) <strong>Page</strong> 330<br />

Following discussion, the MOTION carried with Chairman White, Vice<br />

Chairman Poole and Commissioner Carruth voting for and Commissioners Burrage<br />

and Measmer voting against.<br />

Next, the Board discussed the revenues that could be generated if a V.<br />

cent sales tax referendum were to be approved by the voters. Commissioner<br />

Carruth MOVED to place a V. cent sales tax referendum on a May ballot by<br />

adopting the authorizing resolution set forth in the agenda. Vice Chairman<br />

Poole seconded the motion.<br />

Commissioner Measmer expressed his preference for the referendum to be<br />

placed on the November ballot in conj unction with municipal elections to<br />

reduce election costs.<br />

Commissioner Burrage expressed his preference for the referendum to be<br />

placed on the May ballot.<br />

Vice Chairman Poole and Chairman White were in favor of holding the<br />

referendum in May. Further, they recommended the revenues be designated for<br />

debt service with any surplus revenues being designated for pay-as-you-go<br />

construction proj ects or prepaid notes (if possible), should the referendum<br />

be approved by the voters. Chairman White also suggested the sales tax<br />

revenue have its own line item in the budget.<br />

The MOTION carried with Chairman White, Vice Chairman Poole and<br />

Commissioners Burrage and Carruth voting for and Commissioner Measmer voting<br />

against.<br />

The resolution is as follows:<br />

Resolution No. <strong>2011</strong>-04<br />

RESOLUTION REGARDING ONE-QUARTER CENT (1/4¢) LOCAL SALES AND USE TAX AND<br />

DIRECTING CABARRUS COUNTY BOARD OF ELECTIONS TO CONDUCT AN ADVISORY<br />

REFERENDUM THEREON<br />

WHEREAS, Article 46 of Chapter 105 of the North Carolina General<br />

Statutes (NCGS Sections 105-535 through 105-538) authorizes the Board to levy<br />

a one-quarter cent (1/4 ¢) local sales and use tax in the <strong>County</strong>, subj ect to<br />

and subsequent to the affirmative vote of a majority of those voting in an<br />

advisory referendum to be held in the <strong>County</strong> on the question of whether to<br />

levy such local sales and use tax in the <strong>County</strong> as required by NCGS §105-537;<br />

and<br />

WHEREAS, in connection therewith, the Board is further authorized to<br />

direct the <strong>Cabarrus</strong> <strong>County</strong> Board of Elections (the "BOE") to conduct said<br />

advisory referendum on such question.<br />

NOW,<br />

THEREFORE, BE IT RESOLVED by the Board, as follows:<br />

Section 1. The Board hereby determines that it is in the best interest<br />

of the <strong>County</strong> to hold the statutorily required advisory referendum on the<br />

question of whether to levy the one-quarter cent (1/4 ¢) local sales and use<br />

tax in the <strong>County</strong> authorized by Article 46 of Chapter 105 of the North<br />

Carolina General Statutes (NCGS Sections 105-535 through 105-538) .<br />

Section 2. The Board, as permitted by NCGS Section 105-537, hereby<br />

directs the <strong>County</strong> BOE to conduct said advisory referendum in the <strong>County</strong> on<br />

May 17, <strong>2011</strong> in accordance with the provisions of said NCGS Section 105-537<br />

and other provisions of applicable law.<br />

Section 3. The form of the question to be presented in said advisory<br />

referendum shall be:<br />

"[ J FOR J AGAINST<br />

Local sales and use tax at the rate of one-quarter percent (0.25%)<br />

addition to all other State and local sales and use taxes."<br />

in<br />

Section 4. The Chairman of the Board, the <strong>County</strong> Manager, the Finance<br />

Director and the <strong>County</strong> Attorney are each hereby authorized to take any and<br />

all such further action(s) as they may deem necessary or advisable to carry<br />

out the intent of this resolution and to effect the conduct of the advisory<br />

referendum contemplated by this resolution. The <strong>County</strong> Clerk is hereby<br />

authorized to affix the seal of the <strong>County</strong> to any and all documents and<br />

certificates as may be appropriate to carry out the intent of this resolution

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