ARTICLE VIII
FINANCES AND TAXATION
SECTION 1 GENERAL.
The laws of the State of Ohio relating generally to budgets, appropriations, deposits, expenditures, debts, bonds, and other fiscal matters of the Municipality shall be applicable to the Municipality, except as modified by or necessarily inconsistent with the provisions of this Charter or the provisions of the Constitution of the State of Ohio.
(Amended Nov. 5, 1991.)
SECTION 2 LIMITATION ON RATE OF TAXATION.
For the purpose of paying the current operating expenses of the Municipality, paying principal of and interest on notes and bonds of the Municipality issued without a vote of the people and paying any other expense which may lawfully be included within the general levy for the General Fund of the Municipality, the Council is hereby granted the authority, without a vote of the people and as a part of the overall limitation provided for by this Article, to levy taxes annually upon the tax lists or duplicates of property assessed and listed for taxation according to value, in an amount not in excess of the minimum levy for current expenses and debt service to which the Municipality is entitled by State statute within the Constitutional and statutory ten-mill limitation.
(Amended Nov. 5, 1991.)
SECTION 3 SUBMISSION OF EXTRA LEVY TO VOTE.
At such times as may be provided by the general laws of Ohio, Council may declare by resolution, adopted by a vote of two-thirds (2/3) of all the members elected thereto, that the amount of taxes permitted to be levied without a vote of the people by the Constitution and general laws of Ohio and this Article will be insufficient to provide an adequate amount for the necessary requirements of the Municipality and that it is necessary to levy a tax in excess of such limitations for any Municipal purpose specified in such resolution. Such resolution shall be confined to a single purpose, and specify the exact amount of the additional levy required, the purpose thereof and the number of years, not exceeding five, it shall be in effect, which may or may not include a levy on the duplicate for the current year. A majority of those voting thereon in any election will be sufficient for its passage. If passed, the Council may immediately make such levy, or such part thereof as it finds necessary.
(Enacted Nov. 5, 1991.)
SECTION 4 OTHER TAXES.
The Council shall have the power to levy such additional and other taxes as may be lawful in accordance with the provisions of the Constitution and the laws of the State of Ohio.
(Enacted Nov. 5, 1991.)
SECTION 5 LEVY FOR LAND CONSERVATION AND OPEN SPACE FUND.
Commencing with the tax list and duplicate for the year 2001, the Council may levy in each year for a period of five years, without a vote of the people, a tax in an amount not to exceed in each such year one mill per dollar of assessed valuation upon all property in the Municipality assessed and listed for taxation according to value for the public purpose of conserving, retaining, protecting and preserving land, water, forest, open, natural or wetland areas in this Municipality predominantly in their natural, scenic, open or wooded condition or as suitable habitat for fish, plants or wildlife, including the acquisition of such real property or interests therein as may be necessary to carry out that purpose. The amount of taxes in each year so levied pursuant to this Section shall not be subject to the limitations on the rate of taxation provided in this Charter and shall be in addition to any taxes levied by Council pursuant to any provision of this Charter or the general laws of the State of Ohio. There is hereby established a special fund of the Municipality, to be known as the "Land Conservation and Open Space Fund," into which the proceeds of the tax levied pursuant to this Section shall be deposited. Moneys credited to that fund shall be invested in such investments as permitted by law, provided, however, that all investment earnings (including interest earnings) thereon shall be credited to that fund. The Council of the Municipality may enter into such agreements from time to time as it may determine to be necessary with nonprofit organizations which are organized for the aforesaid purpose, including the Gates Mills Land Conservancy, all in furtherance of carrying out the aforesaid public purpose, including the appropriation and payment of any moneys as may be necessary from the Land Conservation and Open Space Fund to such nonprofit organization pursuant to any such agreement.
(Enacted Nov. 5, 1991; Amended Nov. 5, 1996; Amended Nov. 6, 2001.)
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