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2021-04-05 1% Sales Tax Referendum PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2021-04-05 A RESOLUTION INITIATING A REFERENDUM TO AUTHORIZE PITTSYLVANIA COUNTY TO LEVY A GENERAL RETAIL SALES TAX AT A RATE TO NOT EXCEED ONE PERCENT (1%) TO PROVIDE REVENUE SOLELY FOR CAPTIAL PROJECTS FOR THE CONSTRUCTION OR RENOVATION OF SCHOOLS IN PITTSYLVANIA COUNTY IN ACCORDANCE WITH VIRGINIA CODE § 58.1-605.1. VIRGINIA: At the Regular Meeting of the Pittsylvania County Board of Supervisors ("Board")held on April 20, 2021, the following Resolution was presented and adopted: WHEREAS, the Virginia General Assembly approved HB 1634, which was signed into law by the Governor on March 19,2019, and which took effect on July 1, 2019, as Chapter 648 of the 2019 Ats of the General Assembly of the Commonwealth of Virginia; and WHEREAS,HB 1634 is codified at Virginia Code § 58.1-605.1 as of July 1, 2019; and WHEREAS, Virginia Code § 58.1-605.1 provides Pittsylvania County, Virginia ("County), with the statutory authority to levy a general retail sales tax at a rate not to exceed one percent (1%) to provide revenue solely for capital projects for the construction or renovation of County schools; and WHEREAS, the County may not levy the general retail sales tax authorized by Virginia Code § 58.1-605.1,unless and until the tax is approved in a referendum within the County held in accordance with Virginia Code § 24-684 and initiated by a resolution of Board; and WHEREAS, Virginia Code § 58.1-605.1 requires that the Resolution authorizing the referendum state,if the capital projects for the construction or renovation of County schools are to be financed by bonds or loans,the date by which those bonds or loans shall be repaid; and WHEREAS,the County will finance the capital projects for the construction or renovation of County schools by bonds or loans, those bonds or loans will have a repayment term of thirty (30)years, and those bonds or loans will be repaid by September 30,2051; and WHEREAS, the general retail sales tax authorized by Virginia Code § 58.1-605.1 shall expire, if the capital projects for the construction or renovation of County schools are to be financed by bonds or loans, on the date by which such bonds or loans shall be repaid. NOW,THEREFORE,BE IT HEREBY RESOLVED,by the Board as follows: 1. The Board hereby authorizes and initiates a referendum within the County in accordance with Virginia Code§ 24.2-684 on a ballot question in substantially the following form: r "Should Pittsylvania County be authorized to levy a general retail sales tax at a rate not to exceed one percent (1%), provided the revenue from the sales tax shall be used solely for capital projects for the construction or renovation of schools in Pittsylvania County and that the sales tax shall expire by September 30, 2051? [ ] Yes [ ] No" 2. The capital projects for the construction or renovation of County schools will be financed by bonds or loans. Those bonds or loans shall have a repayment term of thirty(30)years and shall be repaid by September 30, 2051. The general retail sales tax, if approved, shall expire on the date by which such bonds or loans shall be repaid. 3. The Board hereby authorizes and directs the County Attorney, County Administrator,and such other appropriate County officers to execute,deliver, and file all required pleadings with the County Circuit Court to initiate the above-referenced referendum to be held on November 2, 2021. 4. The Board further directs the County Attorney, County Administrator, and such other appropriate County officers to execute, deliver, and file all documents,pleadings, petitions, certificates, and instruments, and to take all such further actions as may be necessary, expedient, or desirable in connection with, and that are in conformity with, the purposes, spirit, and intent of this Resolution. Without limiting the foregoing, the County Attorney, County Administrator, and such other appropriate County officers are specifically authorized to modify the ballot question as stated herein as they deem necessary to conform to the requirements of the County Circuit Court, the State Board of Elections, and/or the Local Electoral Board. 5. The recitals in this Resolution are hereby incorporated by reference and are declared to be findings of the Board in connection with its decision to adopt this Resolution. 6. This Resolution shall take effect immediately. Given under my hand this 20th day of April, 2021. Ro ert("Bob")W. Warren(Chairman) Pitts ania Co Board of Supervisors T • avid M. m erman(Clerk) Pittsylvania County Board of Supervisors Approved as to Form: J• J. Vaden Hunt, Esq. Pittsylvania County Attorney Vote Robert("Bob") W. Warren(Chairman) Yes Ronald S. Scearce(Vice-Chairman) Yes William V. ("Vic") Ingram Yes Joe B. Davis Yes Charles H. Miller, Jr. Yes Ben L. Farmer Yes Tim W. Dudley Yes Ayes 7 Nays 0 Abstentions 0