RES-2012-053 Resolution Authorizing a Special Advisory Referendum on the Issue of Levying a One-Half Percent Local Sales and Use Tax for Public Transportation

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Resolution — 2012 -053 revised and approved on 6/5/2012 c RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS AUTHORIZING A SPECIAL ADVISORY REFERENDUM ON THE ISSUE OF LEVYING A ONE -HALF PERCENT (1/2 %) LOCAL SALES AND USE TAX FOR PUBLIC TRANSPORTATION WHEREAS, the North Carolina General Assembly has enacted the "Local Government Public Transportation Sales Tax Act' at Article 43 of Chapter 105 of the North Carolina General Statutes (Session Law 2009 -527), which authorizes counties and transportation authorities to levy a local sales and use tax for the purpose of financing local public transportation systems; and WHEREAS, pursuant to 105- 509(a), the regional public transportation authority (hereinafter, "Triangle Transit') will create a special district consisting of the entire area of Orange County to be added to the existing special district of Durham County; and WHEREAS, THE COUNTY COMMISSIONERS OF ORANGE COUNTY NOTIFY THE RESIDENTS OF ORANGE COUNTY THAT THE Y2 CENT TAX WILL NOT BE LEVIED UNTIL ORANGE COUNTY REQUESTS TRIANGLE TRANSIT LEVY THE TAX. WHEREAS, pursuant to Part 4 of the Act, Triangle Transit must obtain the approval of the Orange County Board of Commissioners in order to conduct an advisory referendum by a vote of the people. The election shall be held in accordance with the provisions of North Carolina General Statute §163 -287; NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners for the County of Orange: Section 1. The Board of Commissioners hereby authorizes Triangle Transit to call a referendum during the normal time the polls are open, on Tuesday, November 6, 2012, at which there shall be submitted to the qualified voters of the County of Orange the question stated in Section 3 of this resolution. Section 2. The said referendum shall be held in accordance with the procedures of North Carolina General Statute §163 -287. Section 3. The form of the question to appear in the ballots and in the instructions to voters for said referendum shall be substantially as follows: [ ] FOR [ ] AGAINST "One -half percent (1/2 %) local sales and use tax, in addition to the current local sales and use taxes, to be used only for public transportation systems." Section 4. The Clerk to the Board of Commissioners is hereby authorized and directed to mail or deliver a certified copy of this Resolution to the Board of Trustees of Triangle Transit within three days after passage hereof. Section 5. This Resolution shall take effect upon its passage.