L E G A L N O T I C E
Please take notice that the Council of the City of Vienna, by order adopted on January 27, 2022, has called a municipal election for the purpose of submitting to voters the proposed continuation of an excess levy for the continued operation of the “Easy Rider” bus service provided by Mid-Ohio Valley Transit Authority, such election to be held on May 10, 2022. Said order is in words and figures as follows:
An Order Authorizing an Election for
Renewal of an Existing Levy
Under the Provisions of West Virginia Code
Chapter 11, Article 8, Section 16, to
Provide for the Continued Operation of the
Mass Transportation (bus) System
IT IS HEREBY RESOLVED AND ORDERED by the City Council of the City of Vienna:
Section 1:
The Council of the City of Vienna, West Virginia, is of the opinion and does hereby find:
(a) That the existing mass transportation system operated by the Mid Ohio Valley Transit Authority is funded for operations in the municipalities of Parkersburg and Vienna only in an amount which will permit operation of said system until June 30, 2023.
(b) That for the existing mass transportation system to be operated beyond
June 30, 2023, additional revenues are needed.
(c) That for the good of the public welfare it is necessary that an existing additional levy be renewed, extended and utilized to fund the operation of the mass transportation system in the future.
Section 2:
The purpose for which the renewal of the existing additional levy funds are needed is to continue the operation of the mass transit (bus) system in the cities of Parkersburg and Vienna, West Virginia, at a total cost of approximately $3,042,417.78 per year for two (2) years, of which the sum of $870,217.53 per year for two (2) years would be derived from the City of Vienna.
Section 3:
The total amount of funds needed for the purpose above stated is approximately $3,042,417.78 per year for two (2) years, of which $870,217.53 per year for two (2) years would be funded by the City of Vienna. These funds will be used to provide for the continued operation of the mass transit (bus) system in the cities of Parkersburg and Vienna, West Virginia, provided, however, that in the event the additional levy is approved by the voters of the City of Vienna, but disapproved by the voters of the City of Parkersburg, funds obtained from the levy may be used for the operation of the mass transit (bus) system for routes which originate or terminate within the geographical confines of the City of Vienna.
Any surplus funds received by the City of Vienna may be utilized for the same purposes during the fiscal year so received.
In the event any funds may be obtained from the United States of America, the State of West Virginia, or any other legal source, by gift, grant or otherwise, in aid of furtherance of the aforesaid purposes, the City of Vienna is authorized to match such funds from the proceeds of the additional levy.
Section 4:
The separate and aggregate assessed valuation of each class of taxable property within the City of Vienna as shown by the records of the Assessor of Wood County, West Virginia, as of May 13, 2021, for State, County and City taxation is as follows:
Class I $ 0
Class II 338,362,354.00
Class IV 203,790,504.00
Total $542,152,858.00
Section 5:
The proposed additional rate of renewal levy in cents on each One Hundred Dollars ($100.00) assessed valuation of taxable property in the City of Vienna is as follows:
Upon Class I Properties $0.05833
Upon Class II propeties $0.11666
Upon Class IV properties $0.23332
Said rates shall be reduced for all classes of property for each levy tax year so as to cause such rate of levy to produce no more than approximately $870,217.53.
Section 6:
The proposed years to which the renewed additional levy shall apply are the two (2) fiscal years beginning July 1, 2023, and July 1, 2024.
Section 7:
The City of Vienna shall not issue bonds for the purposes set forth in this Order.
Section 8:
The question of laying such renewal of existing additional levy shall be submitted to the voters of the City of Vienna at an election to be held in said City on the 10th day of May, 2022, in accordance with the election laws of the State of West Virginia.
Section 9:
The registration of voters and the use of registration books shall be governed by the permanent registration law of the State of West Virginia and the registration lists of Wood County, West Virginia, as amended and corrected according to law, shall be the official registration list for such election. It appears that the provisions of West Virginia Code,
Chapter 3, Article 3, relating to absentee and early voting are clearly adaptable to this election. Except to the extent expressly herein provided, this election shall be governed by the general election laws of the State of West Virginia.
Section 10:
The Notice calling such election shall be given by publication of this Order as a Class II-0 legal advertisement in compliance with provisions of Article 3 of Chapter 59 of the Code of West Virginia of 1931, as amended, being published once a week for two (2) successive weeks prior to the date of the election in two (2) qualified newspapers, of opposite politics if two (2) such newspapers are available, or, if only one (1) such qualified newspaper is available, in that qualified paper, and of general circulation in Wood County, West Virginia.
Section 11:
The form of the ballot for such election shall be as follows:
Election to authorize the renewal of existing additional levies for the fiscal years beginning July 1, 2023, and July 1, 2024, for the purpose of providing for the continued operation of the mass transit (bus) system in the cities of Parkersburg and Vienna, West Virginia, according to the Order of the Council of the City of Vienna adopted on the 27th day of January, 2022. In the event renewal of existing additional levies are approved by the voters of the City of Vienna but disapproved by the voters of the City of Parkersburg, the funds from said additional levy may be used for the operation of the mass transit (bus) system for routes which originate and terminate within the geographical limits of the City of Vienna.
The renewal of the existing additional levy per $100.00 valuation shall be on Class I property, $0.05833; on Class II property, $0.11666; and on Class IV property, $0.23332. Said rates shall be reduced for each levy year so that the proceeds of the additional levy shall be approximately $870,217.53 per year.
( ) Yes, for renewal of levy for continued mass transit
(bus) service
( ) No, against renewal of levy for continued mass
transit (bus) service
Now Therefore, be it resolved and ORDERED that the Mayor and the Common Council of the City of Vienna by virtue of the authority vested in us by the Constitution, and the Laws of the State of West Virginia and the Order creating the Levy do hereby the Order as set out above on this the 27 of January, 2022
/s/ Randall C. Rapp Randall C. Rapp, Mayor
ATTEST:
/s/ Melissa Elam Melissa Elam, Recorder
Published by Order of Council.
Apr 28, May 5