ORDINANCE NO. 155

AN ORDINANCE AUTHORIZING A REFERENDUM PURSUANT TO THE OPEN SPACE LANDS ACQUISITION AND PRESERVATION ACT, AS AMENDED BY ACT 153 OF 1996 (32 P.S. § 5001, ET SEQ.) ON THE QUESTION OF THE IMPOSITION OF ADDITIONAL TAXES AT THE SPECIFIC RATES TO ACQUIRE REAL PROPERTY FOR THE PURPOSE OF SECURING AN OPEN SPACE BENEFIT OR BENEFITS AS DEFINED BY THE ACT

            BE IT ENACTED AND ORDAINED this       9^th day of  FEBRUARY, 2005, by the Board of Supervisors of Kennett Township, as follows:

            1.         As authorized by the Open Space Lands Acquisition and Preservation Act, as amended by Act 153 of 1996 (32 P.S. § 5001, et seq.), a referendum shall be conducted during the May, 2005 primary election for the registered voters of Kennett Township to vote whether they are in favor of the imposition of an additional tax on earned income at the rate of 1/4 of 1% (.25%) and an additional tax on real estate not to exceed .00020 mill per $1.00 of assessed valuation, being a rate of $.20 per $1,000.00 of assessed valuation for the Township to acquire real property for the purpose of securing an open space benefit or benefits under the aforesaid Act.

            2.         The aforesaid referendum shall be presented to the qualified electors of Kennett Township pursuant to the provisions of the Act of June 3, 1937 (P.L. 1333 No. 2230), known as the Pennsylvania Election Code (25 P.S. § 2600, et seq.).

            3.         The question to be placed on the ballot shall be framed in the following form:  "For the purpose of preserving Open Space in Kennett Township, Do you favor the imposition of an additional tax on earned income at the rate of up to 1/4 of 1% (.25%) and an additional tax on real estate not to exceed .00020 mill per $1.00 of assessed valuation, being a rate of $.20 per $1,000.00 of assessed valuation.  The revenue from this tax will be used to acquire real property for the purpose of securing an open space benefit or benefits under the Open Space Lands Acquisition and Preservation Act?  YES OR NO.

            4.         The Board of Supervisors, the solicitor and other officers of the Township are authorized to take such actions as may be necessary and appropriate to carry out the purpose of this ordinance.

Ord. No. 155

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                        5.         If any sentence, clause, section or part of this ordinance is, for any reason, found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this ordinance.  It is hereby declared that it is the intent of the Board of Supervisors that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.

            6.         This ordinance will become effective 5 days from the date hereof.

                                                                                    KENNETT TOWNSHIP

                                                                                    BOARD OF SUPERVISORS

                                                                                    Thomas W. Nale, III, Chairman

                                                                                    Michael E. Elling

                                                                                    Robert A. Hammaker

ATTEST:

Secretary-Treasurer

CERTIFIED AND NOTORIZED ON FEBRUARY 9, 2005 BY THE TOWNSHIP SECRETARY-TREASURER.

Lisa M. Moore