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HomeMy WebLinkAbout002-26 (InitiatingReferendum1-percentRetailSalesTax)RESOLUTION A RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS INITIATING A REFERENDUM PURSUANT TO SECTION 58.1-605.1 OF THE CODE OF VIRGINIA AS AMENDED BY THE 2026 BIENNIAL BUDGET OF THE COMMONWEALTH OF VIRGINIA TO AUTHORIZE IMPOSITION OF A LOCAL GENERAL RETAIL SALES TAX NOT TO EXCEED 1 %, THE PROCEEDS OF WHICH TAX WOULD BE TO PROVIDE REVENUE SOLELY FOR CAPITAL PROJECTS FOR CONSTRUCTION OR MAJOR RENOVATION OF SCHOOLS IN FREDERICK COUNTY INCLUDING REPAYMENT OF BONDS ISSUED FOR SCHOOL CONSTRUCTION OR MAJOR RENOVATION CAPITAL PROJECTS. WHEREAS, effective July 1, 2026, the Virginia General Assembly has enacted its biennial budget and appropriation legislation ("Budget Bill") for the biennium commencing July 1, 2026 and ending June 30, 2028; and WHEREAS, the Budget Bill enacts amendments to Section 58.1-605.1 of the Code of Virginia authorizing all Virginia cities and counties to levy a general retail sales tax at a rate not to exceed 1 % to provide revenue solely for new construction and major renovation of schools; and WHEREAS, said tax may only be levied if it is approved in a referendum within the County, said referendum to be initiated by this Resolution; and WHEREAS, any such tax approved by referendum and imposed by the County shall expire (i) upon repayment of bonds or loans issued for school construction or major renovation projects or (ii) if the school construction or renovation projects are not to be financed by bonds or loans, on or before June 30, 2046; and WHEREAS, the Board of Supervisors desires to initiate a referendum for the purposes herein set forth. NOW THEREFORE BE IT RESOLVED by the Frederick County Board of Supervisors as fo11ows: 1. That the Board of Supervisors hereby requests that the Circuit Court of Frederick County order a referendum pursuant to Virginia Code Sections 24.2-684 and 58.1- 605.1, as amended by the Budget Bi11, on the issue of whether the County may levy a general retail sales tax at a rate not to exceed 1 % to provide revenue solely for capital projects for the construction or major renovation of public schools in Frederick County. 2. For any such capital projects for the construction or major renovation of schools in the County financed by bonds or loans, the tax levied pursuant to this Resolution, if approved by referendum, shall expire on the date by which such bonds or loans shall be repaid. 3. For any such capital projects for the construction or major renovation of schools in the County not financed by bonds or loans, the tax levied pursuant to this Resolution, if approved by referendum, shall expire on June 30, 2046. 4. An attested copy of this Resolution shall be forwarded by the County Clerk to the Clerk of the Circuit Court for consideration and approval by the Court, if deemed to be in order, and for processing and publication in accordance with state code requirements. 5. The language to appear on the ballot on the referendum is proposed by the Board of Supervisors to be as follows: Shall Frederick County, Virginia be allowed to enact a local retail sales tax ofup to one percent (1%) to provide funds that can only be used for construction or major renovation of public schools in Frederick County for a period of not more than twenty years? 6. An attested copy of th is Resolution shall be forwarded by the County Clerk to the Registrar and the Electoral Board of the County. Adopted this 8th day of July 2026 by the following recorded vote: John F. Jewell, Chainnan Albert L. Orndorff Jason C. Aikens Robert W. Wells No. 002-26 Aye Aye Aye Aye Michael D. Guevremont Robert T. Liero Gary R. Oates A COPY ATTEST Michael L. Bollhoefi . Frederick County Aye Aye Aye