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Legislation #: 191017 Introduction Date: 12/5/2019
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER SHIELDS
Title: Amending Chapter 2, Code of Ordinances, entitled “Administration,” by repealing Sections 2-50 and 2-52 and enacting in lieu thereof one new Section 2-50 requiring fiscal notes for expenditures of city funds.

Legislation History
DateMinutesDescription
12/5/2019 Filed by the Clerk's office
12/5/2019 Referred to Finance, Governance and Public Safety Committee
12/11/2019 Hold On Agenda (12/18/2019)
12/18/2019 Hold On Agenda (1/15/2020)
1/15/2020 Hold On Agenda (2/5/2020)
2/12/2020 Hold Off Agenda

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ORDINANCE NO. 191017

 

Amending Chapter 2, Code of Ordinances, entitled “Administration,” by repealing Sections 2-50 and 2-52 and enacting in lieu thereof one new Section 2-50 requiring fiscal notes for expenditures of city funds.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 2, Code of Ordinances of the City of Kansas City, Missouri, entitled “Administration,” is hereby amended by repealing Section 2-50 and 2-52 and enacting in lieu thereof one new Section 2-50, to read as follows:

 

Sec. 2-50. Approval of resolution and ordinance drafts; fiscal notes.

 

(a) Approval by requestor. No ordinance or resolution initiated and prepared on the request of the mayor or any member of the city council shall be docketed for council action, unless such requesting official shall have indicated in writing that the official approves such resolution or ordinance as drafted, or that the official's approval of the resolution or ordinance is waived.

 

(b) Fiscal notes.

 

(1)   A proposed ordinance or resolution shall prior to introduction be accompanied by a fiscal note if such ordinance or resolution authorizes any of the following:

 

a.   An appropriation of funds;

 

b. An expenditure of funds;

 

c. An expansion of services which entails additional costs beyond that approved in the current adopted city budget;

 

d. An undertaking of a new service for which no funding is provided in the current adopted city budget;

 

e.   A potential commitment of city funding in the future;

 

f.   An issuance of bonds, notes and lease-purchase agreements; or

 

g.   An execution or initiation of an activity as a result of federal or state mandates or requirements;

 

(2)   The purpose of the fiscal note shall be to allow a councilmember a brief review of the fiscal impact of the proposed ordinance or resolution under consideration. A fiscal note shall be a brief informational document, separate from any fact sheet or other document, conveying the estimated fiscal impact of the proposed ordinance or resolution on the city. In the event that the proposed ordinance or resolution has no fiscal impact, the fiscal note document shall designate “No Fiscal Impact.” For requests associated with subsections (b)(1) c. through g. above, the estimated fiscal impact on existing services, contracts, or programs should be presented in accordance with the adopted Five Year Financial Plan mandated by Section 804(d) of the City Charter.

 

(3)   "Estimated fiscal impact" shall mean the following:

 

a.   The estimated expenditures by the city resulting from the proposed ordinance or resolution for the current and next subsequent fiscal year;

 

b.   Whether the proposed ordinance or resolution is estimated to have a direct fiscal impact on any city department or office;

 

c.   Whether the proposed ordinance or resolution creates a program or administrative subdivision that significantly duplicates an already existing program or administrative subdivision;

 

d.   Whether the proposed ordinance or resolution is estimated to require the construction of any new physical facilities;

 

e.   The amount of non-city funds that may be received in the current and next subsequent fiscal year to fund the proposed ordinance or resolution;

 

f.   A description of the annual operating, equipment and maintenance costs resulting from the proposed ordinance or resolution; and

 

g. Any additional information as may be deemed necessary or desirable by the City Manager.

 

(4)   The Office of Management and Budget shall be responsible for the preparation of all fiscal notes and such fiscal notes shall be in a form of their design. City departments and offices shall cooperate in providing any information necessary for the preparation of a fiscal note.

 

(5)   The sponsor of a proposed ordinance or resolution shall forward the proposed ordinance or resolution to the Office of Management and Budget for preparation of a fiscal note and following such preparation the fiscal note shall be forwarded to the sponsor. Following the sponsor's receipt of a fiscal note for a proposed ordinance or resolution, if any substantive changes are made to the proposed ordinance or resolution which would alter the estimated fiscal impact in the fiscal note then the party making such substantive changes to such proposed ordinance or resolution shall request a new fiscal note. If substantive changes are made to a proposed ordinance or resolution, following the preparation of a fiscal note, which would alter the estimated fiscal impact in the fiscal note and the substantive changes are made following consideration by a council committee, then a new fiscal note shall be prepared prior to consideration by the full council.

 

(6) The city clerk shall not assign a legislative control number to a proposed ordinance or resolution requiring a fiscal note pursuant to this section unless a fiscal note is attached to such proposed ordinance or resolution. A fiscal note shall be inserted with the proposed ordinance or resolution by the city clerk in city council legislative binders.

 

(c) Assignment to committee. Any proposed ordinance or resolution requiring a fiscal note pursuant to subsection (b)(1) of this section shall be assigned to the Standing Committee of the City Council designated to oversee financial matters for the City.

 

_____________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Matthew Gigliotti

Assistant City Attorney