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Legislation #: 041259 Introduction Date: 11/4/2004
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER EDDY
Title: Providing for submission to the qualified voters of the City for their approval at an election called for Tuesday, April 5, 2005, the question of temporarily increasing the ad valorem tax levy for a period of nine years for ambulance services, emergency medical services, hospital and public health purposes by twenty-two cents ($.22) per one hundred dollars ($100.00) assessed valuation on real and tangible personal property within the City; directing the City Clerk to notify the responsible election authorities of this election; and recognizing this ordinance to be an emergency measure.  

Legislation History
DateMinutesDescription
11/4/2004 Filed by the Clerk's office
11/4/2004 Referred to Finance Committee
11/8/2004 Hold On Agenda (11/22/2004)
11/22/2004 Hold On Agenda (12/8/2004)
12/8/2004 Hold On Agenda (1/5/2005)
1/12/2005 Hold On Agenda (1/19/2005)
1/19/2005 Advance and Do Pass Third Committee, Debate
1/20/2005 Councilmember Skaggs Move to Amend
1/20/2005 Passed As Third Sub As Further Amended

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THIRD COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 041259, AS AMENDED

Providing for submission to the qualified voters of the City for their approval at an election called for Tuesday, April 5, 2005, the question of temporarily increasing the ad valorem tax levy for a period of nine years for ambulance services, emergency medical services, hospital and public health purposes by twenty-two cents ($.22) per one hundred dollars ($100.00) assessed valuation on real and tangible personal property within the City; directing the City Clerk to notify the responsible election authorities of this election; and recognizing this ordinance to be an emergency measure.  

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY

WHEREAS, Section 1(38) of the City Charter empowers the City to provide for the medical and other care of sick, aged or mentally ill poor persons; and

  WHEREAS, Section 1(41) of the City Charter charges the City to provide for the public health of its citizens and Sections 34 through 38 of the City Charter provide for the protection of the public health through a variety of means; and

WHEREAS, as part of this charge, the City Council intends to use this charge to provide its citizens with access to acute, primary and emergency care; and

  WHEREAS, Section 92.031, RSMo, authorizes the submission of an increase in the current rate of the levy for the ad valorem tax levied on real and tangible personal property within the City for ambulance services, emergency medical services, hospital and public health purposes by twenty-two cents ($.22) per one hundred dollars ($100.00) assessed valuation to a vote of the people; and

  WHEREAS, the qualified voters of the City were last asked to consider an increase in this tax levy rate in 1989; and

  WHEREAS, in the sixteen (16) years that have passed since the voters last approved an increase in this tax levy rate, the costs of medical care have increased approximately 126% in the United States; and

  WHEREAS, in the past sixteen (16) years, the number of indigent City residents has increased while both the State of Missouri and the federal government have reduced the amounts they reimburse medical care providers for medical care provided to indigent persons; and

  WHEREAS, the work of, and the costs associated with, protecting and preserving the public health continue to increase and have outpaced the revenues generated by the Citys existing health tax levy; and

  WHEREAS, it is the Councils intent that whenever revenues generated by the health tax levy are used to provide health care or preventative health care through medical care providers, those revenues will be made available only through contracts providing clear performance measures and standards for demonstrated or documented indigent health care costs for which other funding or compensation cannot be identified or for preventative health care costs; and

  WHEREAS, in recent years, the unsubsidized costs of providing adequate medical care to the indigent citizens of the City have also outpaced the revenues generated by the Citys existing health tax levy; NOW, THEREFORE,

 BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

  Section 1. Election called. An election is hereby called and shall be held in Kansas City, Missouri, on Tuesday, April 5, 2005, at which election there shall be submitted to the qualified electors of Kansas City, Missouri, a proposition hereinafter set out to authorize a temporary increase in the tax levy for a period of nine years for ambulance services, emergency medical services, hospital and public health purposes from fifty cents ($.50) to seventy-two cents ($.72) per one hundred dollars ($100.00) assessed valuation on real and tangible personal property within the City.

  Section 2. Ballot language. The ballot language shall be in substantially the following form:

  QUESTION _____

SHALL THE FOLLOWING BE APPROVED?

 Shall the City of Kansas City, Missouri be authorized to temporarily increase the tax levy for a period of nine years for ambulance services, emergency medical services, hospital and public health purposes by increasing the existing tax levy by 22 cents per $100.00 assessed valuation on real and tangible personal property in the City of Kansas City, Missouri, based upon the assessed valuations, with the additional revenues to be distributed as follows: the revenue derived from 3 1/2 cents of the levy to ambulance services, the revenue derived from 3 1/2 cents of the levy to non-for-profit neighborhood health centers, and the revenue derived from 15 cents of the levy to Truman Medical Center?

_____ Yes

_____ No

The voter who desires to vote in favor of this proposition shall place an X in the box opposite Yes. The voter who desires to vote against this proposition shall place an X in the box opposite No.

Section 3. Delivery of Ordinance by City Clerk to Election Authorities. The City Clerk shall deliver certified copies of this ordinance and notice of election to the Board of Election Commissioners of Kansas City, Missouri, to the Board of Election Commissioners of Clay County, Missouri, to the Board of Election Commissioners of Platte County, Missouri, and to the County Clerk of Cass County, Missouri, which shall be the authority of the respective election authorities of the City to submit the question to the electors of Kansas City as herein provided and to give public notice thereof as provided by law.

 Section 4. Election Notice. That the notice of election shall read as follows:

_____________________________________________

NOTICE OF ELECTION

CITY OF KANSAS CITY, MISSOURI

 Notice is hereby given that the City of Kansas City has called an election to be held in the City on Tuesday, April 5, 2005, between the hours of 6:00 a.m. and 7:00 p.m. C.S.T., at which election all qualified voters residing within the City of Kansas City, Missouri, will be given the opportunity to vote.

 The official ballot will be in substantially the following form:

_____________________________________________

QUESTION _____

SHALL THE FOLLOWING BE APPROVED?

Shall the City of Kansas City, Missouri be authorized to temporarily increase the tax levy for a period of nine years for ambulance services, emergency medical services, hospital and public health purposes by increasing the existing tax levy by 22 cents per $100.00 assessed valuation on real and tangible personal property in the City of Kansas City, Missouri, based upon the assessed valuations, with the additional revenues to be distributed as follows: the revenue derived from 3 1/2 cents of the levy to ambulance services, the revenue derived from 3 1/2 cents of the levy to non-for-profit neighborhood health centers, and the revenue derived from 15 cents of the levy to Truman Medical Center?

_____ Yes

_____ No

[Instructions to voters will be supplied by the election authorities]

_____________________________________________

A full and complete copy of Third Committee Substitute for Ordinance No. 041259, As Amended, submitting the above question to the electorate is on file in the office of the City Clerk of Kansas City, Missouri, where the same is open for inspection and copying.

 The polling places for the election will be [insert list of polling places in last publication only.]

_____________________________________________

  I hereby certify that the foregoing is the legal notice to be published pursuant to Section 115.127, RSMo.

  Given under my hand and the official seal of the City of Kansas City, Missouri, this _______ day of __________________, 2005.

 

(SEAL) _________________________________

Millie Crossland

City Clerk, City of Kansas City, Missouri

  Before me, a notary public, personally appeared Millie Crossland, to me known to be the City Clerk of the City of Kansas City, Missouri, and the person who acknowledged to me that she executed the same for the purposes therein stated.

 

__________________________________

Notary Public

 

 My Commission Expires:________________________________

  Section 5. Effect of invalidity. This ordinance presents a proposed increase in the health tax levy. Should the proposed increase to the health tax levy authorized in this ordinance be found to be unlawful or if it is not approved by a simple majority of the voters, the current provisions will remain in effect.

  Section 6. Emergency. This ordinance, calling for an election and providing for the submission of a question to the people of Kansas City, Missouri, is hereby recognized to be an emergency measure within the meaning of Section 15, Article II, of the Charter of Kansas City, and as such shall become effective upon approval by the Mayor or after five days of its passage if no action is taken by the Mayor to approve or veto this ordinance, whichever is earlier.

_____________________________________________

  Approved as to form and legality:

 

 

___________________________________

Galen Beaufort

City Attorney