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Legislation #: 081145 Introduction Date: 11/6/2008
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER JOHNSON
Title: Calling for submission to the voters of Kansas City, at a special election to be held on February 3, 2009, a question amending the Charter of Kansas City to require the preparation of a fiscal note by the City Auditor to be attached to initiative petitions and when authorized to be included with the ballot language; directing the City Clerk to notify the responsible election authorities of the election on or after November 21, 2008 but not later than November 25, 2008; and recognizing this ordinance to be an emergency measure.

Legislation History
DateMinutesDescription
11/6/2008 Filed by the Clerk's office
11/6/2008 Referred to Finance and Audit Committee
11/19/2008 Hold Off Agenda
7/15/2009 Release
7/17/2009 Released

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ORDINANCE NO. 081145

 

Calling for submission to the voters of Kansas City, at a special election to be held on February 3, 2009, a question amending the Charter of Kansas City to require the preparation of a fiscal note by the City Auditor to be attached to initiative petitions and when authorized to be included with the ballot language; directing the City Clerk to notify the responsible election authorities of the election on or after November 21, 2008 but not later than November 25, 2008; and recognizing this ordinance to be an emergency measure.

   

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. ELECTION CALLED. That an election is called on February 3, 2009, for the purpose of submitting to the voters of Kansas City an amendment to the City Charter.

 

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 after November 21, 2008, but not later than November 25, 2008, which shall be the authority of each election authority of the City to submit the amendment 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, February 3, 2009, 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, FEBRUARY 3, 2009

 

QUESTION NO. _____

(Fiscal Information for Initiative Petitions)

 

Should it be required that an informational fiscal note prepared by the City Auditor be included in all initiative petitions and ballot language whenever allowed by law by amending the Charter of the City of Kansas City?

 

_____ Yes

_____ No

 

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

 

A full and complete copy of Ordinance No. 081145 (as it may be amended) submitting the above amendment 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 Kansas City, Missouri, this _____ day of November, 2008.

 

(SEAL) _____________________________

VICKIE THOMPSON

City Clerk of Kansas City, Missouri

 

Before me, a notary public, personally appeared Vickie Thompson, 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. AMENDMENTS TO BECOME THE CHARTER OF THE CITY OF KANSAS CITY. If a majority of the voters favor the question, then the amendment to the Charter of the City of Kansas City, Missouri shall become effective immediately, which amendment shall read as follows:

 

BE IT ADOPTED BY THE PEOPLE OF KANSAS CITY:

 

That the Charter of the City of Kansas City, Missouri, is amended by enacting a new Section 701.5 to read as follows:

 

Sec. 701.5. Fiscal Note.

 

Prior to distribution of an initiative petition the committee of petitioners shall provide to the City Auditor a copy of the proposed petition from which the City Auditor will estimate the fiscal impact of the proposed ordinance. The City Auditor will act within 30 days of receipt of the petition from the committee of petitioners. The fiscal impact, whether a savings, cost or no fiscal impact, will be included within or attached to the initiative petition to provide the fiscal impact to potential petition signers. The City Auditors determination will be stated in language neither argumentative nor likely to create prejudice either for or against the proposed ordinance. Unless prohibited by law, the fiscal note shall be included with the ballot language if the matter is placed before the voters.

 

Section 5. EMERGENCY RECOGNIZED. This ordinance, providing for the submission of a proposal to the people of Kansas City and calling for an election is hereby recognized to be an emergency measure within the meaning of Section 503(a)(3)(A) of the 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