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Legislation #: 080693 Introduction Date: 7/10/2008
Type: Ordinance Effective Date: 8/7/2008
Sponsor: COUNCILMEMBERS JOHNSON, CIRCO, FORD, MARCASON, SKAGGS, FUNKHOUSER, GOTTSTEIN, HERMANN, JOLLY, CURLS, RILEY, SANDERS BROOK AND SHARP
Title: Enacting a new Section 68.476, Code of Ordinances, entitled Sales tax light rail to enact new sales taxes totaling 3/8% to be devoted to a light rail system to extend for 25 years beginning April 1, 2009; providing for submission of this ordinance to the qualified voters of the City for their approval at a special election called for Tuesday, November 4, 2008; authorizing and directing the City Clerk to notify the responsible election authorities of this election; authorizing and directing the City Clerk to notify the Missouri Director of Revenue if the proposal is approved by the voters; and recognizing this ordinance to be an emergency measure.

Legislation History
DateMinutesDescription
7/10/2008 Filed by the Clerk's office
7/10/2008 Referred to Transportation and Infrastructure Committee
7/17/2008 Hold On Agenda (7/24/2008)
7/24/2008 Hold On Agenda (7/31/2008)
7/31/2008 Do Pass as a Committee Substitute
7/31/2008 Assigned Third Read Calendar as Substituted
8/7/2008 Councilmember Johnson Move to Amend
8/7/2008 Passed as Substituted and Amended

View Attachments
FileTypeSizeDescription
080693.pdf Authenticated 241K Authenticated
080693 Compare CS to Ord.doc Other 47K Compared Version Comm Sub to Ord
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=080693 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=080693
080693 Factsheet.doc Advertise Notice 53K Revised Factsheet
Sales Tax Election Ord Factsheet.xls Advertise Notice 101K Factsheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080693, AS AMENDED

 

Enacting a new Section 68.476, Code of Ordinances, entitled Sales tax light rail to enact new sales taxes totaling 3/8% to be devoted to a light rail system to extend for 25 years beginning April 1, 2009; providing for submission of this ordinance to the qualified voters of the City for their approval at a special election called for Tuesday, November 4, 2008; authorizing and directing the City Clerk to notify the responsible election authorities of this election; authorizing and directing the City Clerk to notify the Missouri Director of Revenue if the proposal is approved by the voters; and recognizing this ordinance to be an emergency measure.

 

WHEREAS, the City Council expressed its commitment on November 8, 2007 in Resolution No. 071202 to place a plan for light rail before voters no later than November 4, 2008; and

 

WHEREAS, Sections 94.600 through 94.655, RSMo. authorize a sales tax for transportation purposes of up to 1/2% and the City currently utilizes 3/8% of that authorization for operation of the Kansas City Area Transportation Authority, leaving 1/8% available for other transportation uses; and

 

WHEREAS, Sections 94.575 through 94.577, RSMo. authorize a sales tax for capital improvements of up to 1/2% and the City currently utilizes 1/4% of that authorization for police and public safety purposes, leaving 1/4% available for other capital improvement uses; and

 

WHEREAS, no sales tax ordinance shall be effective until it has been submitted to the qualified voters of the city and approved by a majority of the qualified voters voting; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Enactment of Tax Light Rail. That a new 68-476, Code of Ordinances, entitled Sales tax light rail is enacted to read as follows:

 

Sec. 68-476. Sales tax light rail.

 

(a) Imposition of sales tax part one. Pursuant to the authority granted by and subject to the provisions of section 94.575 through section 94.577, Revised Statutes of Missouri, a tax for the benefit of the city is hereby imposed upon all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail to the extent and in the manner provided in section 144.010 through section 144.525, Revised Statutes of Missouri, and the rules and regulations of the director of revenue issued pursuant thereto. The rate of the tax shall be 1/4 percent on the receipts from the sale at retail of all tangible personal property or taxable services at retail within the city, if such property and such services are subject to taxation by the state under the provisions of section 144.010 through section 144.525, Revised Statutes of Missouri. The tax shall become effective April 1, 2009, and shall apply to all sales made after March 31, 2009, for a period of twenty-five years, unless sooner terminated, and shall be collected as provided in section 94.575 through section 94.577, Revised Statutes of Missouri.

 

(b) Imposition of sales tax part two. Pursuant to the authority granted by and subject to the provisions of section 94.600 through section 94.655, Revised Statutes of Missouri, a tax for the benefit of the city is hereby imposed upon all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail to the extent and in the manner provided in section 144.010 through section 144.525, Revised Statutes of Missouri, and the rules and regulations of the director of revenue issued pursuant thereto. The rate of the tax shall be 1/8 percent on the receipts from the sale at retail of all tangible personal property or taxable services at retail within the city, if such property and such services are subject to taxation by the state under the provisions of section 144.010 through section 144.525, Revised Statutes of Missouri. The tax shall become effective April 1, 2009, and shall apply to all sales made after March 31, 2009, for a period of twenty-five years, unless sooner terminated, and shall be collected as provided in section 94.600 through section 94.655, Revised Statutes of Missouri.

 

Section 2. Reaffirmation of MBE/WBE and Workforce policies. The Citys MBE/WBE and construction workforce policies will be followed in the use of all capital appropriations.

 

Section 3. Special Election Called. A special election is called and shall be held on Tuesday, November 4, 2008, at which election the question of imposing and extending the sales taxes described in this ordinance shall be submitted to the qualified voters of the City for their consideration, as required by section 94.577 and section 94.605, Revised Statutes of Missouri.

 

Section 4. Ballot title. The ballot title shall be:

 

QUESTION _____

 

SHALL THE FOLLOWING BE APPROVED?

 

Light Rail Sales Taxes

 

For the purpose of funding a light rail passenger system running from the area around the intersection of Bruce R. Watkins Roadway and 63rd Street on the south to the area around the intersection of Northeast Vivion Road and North Oak Trafficway on the north, which can ultimately connect to a regional public transportation system, shall the City of Kansas City impose a sales tax of 1/4 % under the authority of Section 94.577, RSMo, for the purpose of funding capital improvements, and a sales tax of 1/8 % under the authority of Section 94.605, RSMo, both for a period not to exceed 25 years, beginning April 1, 2009, and which may include the retirement of debt under authorized bonded indebtedness? 

_____ 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 5. Delivery of Ordinance by City Clerk to Election Authorities. That the City Clerk shall deliver certified copies of this ordinance and notice of election to the Board of Election Commissioners of Kansas City, Missouri, Board of Election Commissioners of Clay County, Board of Election Commissioners of Platte County, and the County Clerk of Cass County, which shall be the authority of the respective election authorities of the City to submit these amendments to the electors of Kansas City as herein provided and to give public notice thereof as provided by law no sooner than August 22, 2008 and no later than August 26, 2008.

 

Section 6. Election Notice. That the notice of election shall read as follows:

 

==========================================================

 

NOTICE OF ELECTION

 

CITY OF KANSAS CITY, MISSOURI

 

Notice is given that the City of Kansas City has called an election to be held in the City on Tuesday, November 4, 2008, 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:

 

OFFICIAL BALLOT

CITY OF KANSAS CITY

 

QUESTION _____

 

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

 

Light Rail Sales Taxes

 

For the purpose of funding a light rail passenger system running from the area around the intersection of Bruce R. Watkins Roadway and 63rd Street on the south to the area around the intersection of Northeast Vivion Road and North Oak Trafficway on the north, which can ultimately connect to a regional public transportation system, shall the City of Kansas City impose a sales tax of 1/4 % under the authority of Section 94.577, RSMo, for th purpose of funding capital improvements, and a sales tax of 1/8 % under the authority of Section 94.605, RSMo, both for a period not to exceed 25 years, beginning April 1, 2009, and which may include the retirement of debt under authorized bonded indebtedness?

_____ 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.

 

A full and complete copy of the ordinance submitting the above proposition to the electorate is on file in the office of the City Clerk of Kansas City, Missouri where it 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 ________________, 2008.

 

 

(SEAL) ___________________________________

VICKIE THOMPSON

Acting City Clerk, City of Kansas City, Missouri

 

Before me, a notary public, personally appeared Vickie Thompson, to me known to be the Acting 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 7. Notice to the Missouri Director of Revenue by the City Clerk. If approved by the voters, the City Clerk shall, within 10 days after the approval, forward to the Missouri Director of Revenue by United States registered or certified mail, a certified copy of this ordinance together with certifications of the election returns accompanied by a map of the City clearly showing its boundaries.

 

Section 8. Emergency. That this ordinance provides for the submission of a proposal to the people of Kansas City, Missouri, and is hereby recognized to be an


emergency measure within the meaning of Section 503, Charter of Kansas City, and as such shall become effective in accordance with that section.

 

 ___________________________________________________

 

Approved as to form and legality:

 

 

_______________________________

William Geary

Assistant City Attorney