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Legislation #: 160861 Introduction Date: 11/10/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Calling an election on April 4, 2017, for the purpose of enacting a one-eighth cent economic development sales tax for 10 years as proposed by an initiative petition; enacting the sales tax contingent upon voter approval; directing the City Clerk to provide notice of the election; directing the City Clerk to provide notice to the Director of Revenue if the sales tax question is passed by the voters; and recognizing an accelerated effective date.

Legislation History
DateMinutesDescription
11/8/2016 Filed by the Clerk's office
11/10/2016 Referred to Finance and Governance Committee
11/30/2016 Hold On Agenda (12/7/2016)
12/7/2016 Do Pass
12/8/2016 Assigned to Third Read Calendar
12/15/2016 Held on Docket (12/22/2016)
12/22/2016 Held on Docket (1/12/2017)
1/12/2017 Councilmember Shields (Second by Barnes Jr.) Move to Amend
1/12/2017 Passed as Amended

View Attachments
FileTypeSizeDescription
Taxation Division Letter.MODOR.docx Other 14K Missouri Department of Revenue
160861.pdf Authenticated 252K Authenticated
160861 Staff Presentation.pdf Other 159K 160861 Staff Presentation
160861 Fact Sheet.pdf Fact Sheet 71K 160861 Fact Sheet

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ORDINANCE NO. 160861, AS AMENDED

 

Calling an election on April 4, 2017, for the purpose of enacting a one-eighth cent economic development sales tax for 10 years as proposed by an initiative petition; enacting the sales tax contingent upon voter approval; directing the City Clerk to provide notice of the election; directing the City Clerk to provide notice to the Director of Revenue if the sales tax question is passed by the voters; and recognizing an accelerated effective date.

 

WHEREAS, a Committee of Petitioners has submitted an initiative petition seeking to enact a one-eighth cent sales tax pursuant to the provisions of §67.1305, RSMo., and

 

WHEREAS, the City Clerk as certified 1,834 valid signatures, thus exceeding the 1,708 required by the City Charter for a successful initiative petition during the period August 1, 2015 through July 31, 2019; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. ELECTION CALLED. That an election is called on April 4, 2017, for the purpose of submitting to the voters of Kansas City the question of enacting an economic development sales tax devoted to projects located within the area bounded by 9th Street on the north; Gregory Boulevard on the south; The Paseo on the west; and Indiana Avenue on the east.

 

Section 2. BALLOT TITLE. The ballot title for the sales tax proposition shall be:

 

QUESTION _____

(Initiative Petition)

(Central City Economic Development Sales Tax)

 

SHALL THE FOLLOWING BE APPROVED?

 

Shall the City of Kansas City impose a sales tax authorized by Section 67.1305 of the Revised Statutes of Missouri for a period of 10 years at a rate of 1/8% to be used for funding economic development projects within the area bounded by 9th Street on the north; Gregory Boulevard on the south; The Paseo on the west; and Indiana Avenue on the east, which may include the retirement of debt under previously authorized bonded indebtedness or to repay bonds not yet issued?

 

Section 3. ELECTION NOTICE. The Notice of Election shall read as follows:

 


NOTICE OF ELECTION

CITY OF KANSAS CITY, MISSOURI

 

Notice is given to the qualified voters of the City of Kansas City, Missouri, that the City Council of the City has called a special election to be held in the City on April 4, 2017, commencing at 6:00 A.M. and closing at 7:00 P.M., on the questions contained in the following sample ballot:

_________________________________________________________

 

OFFICIAL BALLOT

 

CITY OF KANSAS CITY

 

SPECIAL ELECTION, APRIL 4, 2017

 

QUESTION _____

(Initiative Petition)

(Central City Economic Development Sales Tax)

 

Shall the City of Kansas City impose a sales tax authorized by Section 67.1305 of the Revised Statutes of Missouri for a period of 10 years at a rate of 1/8% to be used for funding economic development projects within the area bounded by 9th Street on the north; Gregory Boulevard on the south; The Paseo on the west; and Indiana Avenue on the east, which may include the retirement of debt under previously authorized bonded indebtedness or to repay bonds not yet issued?

YES _____

 

NO _____

 

Instructions to voters will be supplied by the election authorities.

 

___________________________________________________________

 

A complete copy of Ordinance No. 160861, As Amended, submitting this question to the electorate is on file in the Office of the City Clerk of Kansas City, Missouri, and is open for inspection and copying.

 

The election will be held at the following polling places in the City of Kansas City, Missouri: [insert list 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 ____________________, 2016.

 

(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. 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, not later than January 24, 2017, 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 5. ENACTMENT OF SALES TAX. That contingent upon the approval of the voters, Article VII, entitled "Sales Taxes," of Chapter 68 of the Code of Ordinances, entitled "Taxation," is amended by enacting a new Section 68-449, to read as follows:

 

Sec. 68-449. Imposition of tax (Central City Economic Development Sales Tax 2017)

 

(a)                Sales tax enacted. Pursuant to the authority granted by and subject to the provisions of section 67.1305, RSMo., 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 sections 144.010 – 144.525 RSMo., 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 – 144.525 RSMo. The tax shall become effective October 1, 2017, for a period of 10 years and shall apply to all sales made after September 30, 2017, and shall be collected as provided in section 67.1305, RSMo.

 

(b)               Use of sales tax - geographic limitations. The sales tax authorized pursuant to this section shall be used for projects located in the area bounded by 9th Street on the north; Gregory Boulevard on the south; The Paseo on the west; and Indiana Avenue on the east.

 

(c)                Economic development tax board. A five member economic development tax board shall be established with City representatives appointed by the Mayor and approved by the City Council pursuant to section 67.1305, RSMo. prior to the expenditure of any revenue received pursuant to this sales tax for the purpose of:

 

(1)               considering economic development plans, economic development projects, or designations of an economic development area;

 

(2)               holding public hearings and providing notice of any such hearings;

 

(3)               recommending to the City Council actions concerning the adoption of or amendment to economic development plans, economic development projects, or designations of an economic development area; and

 

(4)               performing other duties established by the City Council.

 

(d)               Exclusion of revenues. When imposed within a special taxing district this economic development sales tax shall be excluded from the calculation of revenues available to such districts, and no revenues from this sales tax shall be used for the purposes of any such special taxing district unless recommended by the economic development tax board and approved by the governing body imposing the tax. A special taxing district includes, but is not limited to a tax increment financing district, neighborhood improvement district, or community improvement district.

 

Section 6. REIMBURSEMENT FROM BONDS. The City may make expenditures on and after the date of adoption of this Ordinance in connection with the projects, and the City intends to reimburse itself for such expenditures with the proceeds of the Bonds.

 

Section 7. NOTICE TO DIRECTOR OF REVENUE BY 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. ACCELERATED EFFECTIVE DATE RECOGNIZED. This ordinance, providing for the submission of a question to the people of Kansas City, Missouri, is hereby recognized to be an ordinance with an accelerated effective date within the meaning of Section 503(a)(3)(A) of the City Charter because it calls an election and provides for the submission of a proposal to the people; and as such shall become effective immediately following approval by the Mayor, or five days after passage if no action is taken by the Mayor to approve or veto the ordinance.

_____________________________________________________

 

Approved as to form and legality:

 

 

________________________________

Cecilia Abbott

City Attorney