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Legislation #: 170042 Introduction Date: 1/19/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Calling an election on August 8, 2017, for the purpose of submitting to the voters of Kansas City a question presented by a committee of petitioners through an initiative petition amending Chapter 64, Article XIV, Code of Ordinances, by enacting a new Section 64-81, prohibiting the City from planning for or implementing any fixed rail transit system or expansion of the Downtown Street Car Transit System without first putting the matter to a vote; enacting the new Code section contingent upon voter approval; directing the City Clerk to notify the responsible election authorities on or before May 30, 2017; and recognizing this ordinance as having an accelerated effective date because it calls an election.

Legislation History
DateMinutesDescription
1/19/2017 Filed by the Clerk's office
1/19/2017 Referred to Ethics and Legal Review Committee
3/7/2017 Do Pass
3/9/2017 Assigned to Third Read Calendar
3/23/2017 Passed

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ORDINANCE NO. 170042

 

Calling an election on August 8, 2017, for the purpose of submitting to the voters of Kansas City a question presented by a committee of petitioners through an initiative petition amending Chapter 64, Article XIV, Code of Ordinances, by enacting a new Section 64-81, prohibiting the City from planning for or implementing any fixed rail transit system or expansion of the Downtown Street Car Transit System without first putting the matter to a vote; enacting the new Code section contingent upon voter approval; directing the City Clerk to notify the responsible election authorities on or before May 30, 2017; and recognizing this ordinance as having an accelerated effective date because it calls an election.

 

WHEREAS, a committee of petitioners submitted an initiative petition seeking the adoption of an ordinance prohibiting the City from planning for or implementing any fixed rail transit system or expansion of the Downtown Street Car Transit System without first putting the matter to a vote; and

 

WHEREAS, sufficient signatures were collected to engage the City Charter initiative process; and

 

WHEREAS, to qualify for the August 8, 2017, ballot, notice must be provided to the election authorities on or before May 30, 2017; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. ELECTION CALLED. That an election is called on August 8, 2017, for the purpose of submitting to the voters of Kansas City the question of whether the City shall be prohibited from causing the extension of the streetcar system without first gaining voter approval, and establishing a penalty of up to $1,000 a day for noncompliance.

 

Section 2. NOTICE TO ELECTION AUTHORITIES BY CITY CLERK. That following passage of this ordinance the City Clerk shall deliver certified copies of this ordinance and notice of election to the Clerk of Cass County, Board of Election Commissioners of Clay County, Board of Election Commissioners of Kansas City, and Board of Election Commissioners of Platte County, on or before May 30, 2017, which shall be the authority of each election authority of the City to submit the questions to the electors of Kansas City and to give public notice as provided by law.

 

Section 3. NOTICE OF ELECTION. The notice of election shall read as follows:

 


NOTICE OF ELECTION
KANSAS CITY, MISSOURI

Notice is hereby given that the City of Kansas City has called a special election to be held on Tuesday, August 8, 2017, between the hours of 6:00 a.m. and 7:00 p.m., at which election all qualified voters residing within 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

 

SPECIAL ELECTION, August 8, 2017

 

QUESTION NO. _____

(Initiative Petition)

(Streetcar System Extension – Elections Required)

 

Shall the City of Kansas City prohibit any and all City officers, agents and employees from causing the planning for, construction, preparation for construction, preparation of land, or purchase of land if connected to the expansion of the streetcar system or any new fixed rail transit system, without first gaining voter approval, and establish a penalty of up to $1,000 a day for noncompliance?

 

 

_____ YES

 

_____ NO

 

(Instructions to voters will be supplied by the election authorities.)

 

A full and complete copy of this ordinance (as it may be amended) submitting the above questions 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, as amended.

 


Given under my hand and the official seal of the City of Kansas City, Missouri, this _____ day of ______________, 2017.

 

 

(SEAL) ______________________________

MARILYN SANDERS

City Clerk of Kansas City, Missouri

 

Before me, a notary public, personally appeared Marilyn Sanders, to me known to be the City Clerk 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 4. BALLOT TITLE. The ballot title for this measure shall be:

 

SPECIAL ELECTION, August 8, 2017

 

QUESTION NO. _____

(Initiative Petition)

(Streetcar System Extension – Elections Required)

 

Shall the City of Kansas City prohibit any and all City officers, agents and employees from causing the planning for, construction, preparation for construction, preparation of land, or purchase of land if connected to the expansion of the streetcar system or any new fixed rail transit system, without first gaining voter approval, and establish a penalty of up to $1,000 a day for noncompliance?

 

_____ YES

 

_____ NO

 

Section 5. ENACTMENT OF THE PROPOSAL. That a new section 64-81, Code of Ordinances, entitled “Construction of Fixed Rail Transit System,” is enacted, contingent upon approval of the voters at an election to be held on August 8, 2017, to read as follows:

 

Sec. 64-81. Construction of fixed rail transit system.

 

(a)    Regulated Activities. Except as provided in this section, the City and any and all City officers, agents, and employees are prohibited from in any way causing the:

 

(1)               planning for or study of any new fixed rail transit system or addition to or expansion of any existing fixed rail transit system; or

 

(2)               construction of any new fixed rail transit system or addition to or expansion of any existing fixed rail transit system; or

 

(3)               preparation for construction of any new fixed rail transit system or addition to or expansion of any existing fixed rail transit system; or

 

(4)               preparation of land for construction of any new fixed rail transit system or addition to or expansion of any existing fixed rail transit system; or

 

(5)               purchase of land on which to construct any new fixed rail transit system or any addition to or expansion of any existing fixed rail transit system, without complying with subsection (b) of this section.

 

(b)   Election required. Before any action is taken to accomplish any activity defined in subsection (a) of this section, the proposed action must be presented to the voters of the City for their approval by a majority of those voting. This question may be joined with any measure required for voter approval of any means of funding the activities defined in subsection (a) of this section.

 

(c)    Limitation on use of public resources. Consistent with the prohibition contained in Section 115.848, Revised Statutes of Missouri, the City and any and all City officers, agents and employees will not use public resources for the purpose of advocating, supporting or opposing any ballot measure required by this ordinance.

 

(d)   Any person who violates this section shall be guilty of an ordinance violation, punishable by a fine of one thousand dollars ($1,000.00). Each day on which a violation of this section occurs and/or continues shall be a separate and distinct violation. This subsection (d) shall be severable from the remainder of this ordinance.

 

(e)    This ordinance shall not be interpreted or enforced so as to violate any person's rights under the Constitutions of the United States or Missouri.

 

(f)    Definitions:

 

As used in this Ordinance, “Fixed Rail Transit System” is a means of conveyance of passengers and goods, by way of vehicles running on rails.

 

As used in this Ordinance, “existing fixed rail transit system” is the electronically driven rail transit system that is commonly known as the “Downtown Street Car Transit System” as that phrase is used in Ordinance No. 140581.

 

As used in this Ordinance, “addition to” means the process of uniting the “existing fixed rail transit system”, as defined, above, with a newly built “fixed rail transit system”.

 

As used in this Ordinance, “extension of” means an enlargement in scope or operation of the "existing fixed rail transit system”.

 

Section 6. ACCELERATED EFFECTIVE DATE RECOGNIZED. This ordinance, providing for the submission of a question to the people of Kansas City, Missouri, is recognized as an ordinance with an accelerated effective date as provided by Section 503(a)(3)(A) of the City Charter, and shall take effect in accordance with Section 503.

 

_____________________________________________

 

Approved as to form:

 

 

___________________________________

Sarah Baxter

Assistant City Attorney