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