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Legislation #: 100656 Introduction Date: 8/5/2010
Type: Ordinance Effective Date: 8/19/2010
Sponsor: COUNCILMEMBERS JOLLY, CIRCO, MARCASON, RILEY, GOTTSTEIN, FORD, HERMANN, SHARP AND FUNKHOUSER
Title: Calling an election on November 2, 2010, for the purpose of renewing a one-quarter cent capital improvement – public safety sales tax for 15 years and authorizing the issuance of an amount not to exceed $100,000,000.00 in General Obligation Bonds for Kansas City Police Department and other public safety capital expenditures; 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 emergency.

Legislation History
DateMinutesDescription
8/5/2010 Filed by the Clerk's office
8/5/2010 Referred to Public Safety and Neighborhoods Committee
8/18/2010 Advance and Do Pass as a Committee Substitute, Debate
8/19/2010 Councilmember Jolly Move to Advance
8/19/2010 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 100656

 

Calling an election on November 2, 2010, for the purpose of renewing a one-quarter cent capital improvement – public safety sales tax for 15 years and authorizing the issuance of an amount not to exceed $100,000,000.00 in General Obligation Bonds for Kansas City Police Department and other public safety capital expenditures; 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 emergency.

 

WHEREAS, the Kansas City, Missouri Board of Police Commissioners has recommended the continuation of the current 1/4% capital improvements sales tax for public safety purposes for a period of 15 years; and

 

WHEREAS, the Board has identified specific projects to be funded by the continuation of the sales tax, including a new East Patrol Division station, a new North Patrol Division station, a new criminalistics laboratory, needed renovations of the police headquarters facility, new criminal investigation technology and resources to modernize its police equipment, existing buildings, radio system, and vehicle and helicopter fleet; and

 

WHEREAS, these capital improvements needs are part of the Kansas City, Missouri Police Department's long-range planning based upon needs assessments performed in conjunction with the City’s Architect's Office; and

 

WHEREAS, the Council is in agreement with the Board on the need for a continuation of the sales tax; and

 

WHEREAS, the Council recognizing the continuing need for additional public safety capital improvement needs including the modernization and replacement of emergency medical services equipment and the modernization and replacement of emergency management response equipment such as tornado sirens, flood monitoring systems and electrical generators for emergency shelters; and

WHEREAS, if granted the authority to issue general obligation bonds the Police Department and the City could sooner begin to address their capital improvement needs and avoid facing inflated future construction costs; and

 

WHEREAS, adoption of the sales tax provides a separate dedicated source of non-property tax revenue to pay the principal and interest on any bonds which are sold; and

 

WHEREAS, the Council and Board recognize the associated benefit to the City of providing new jobs to the local economy through an accelerated construction schedule; and

 

WHEREAS, by presenting the question of issuing general obligation bonds to the voters at the November 2, 2010 election the required super-majority to grant the City such approval is four-sevenths rather than two-thirds; and

 

WHEREAS, by adopting a renewal of the sales tax before its expiration, there will be no gap in the collection of the sales tax; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. DECLARATION OF PURPOSE. Upon the recommendation of the Kansas City, Missouri Board of Police Commissioners, the City Council finds it necessary and hereby declares its intent to borrow an amount not to exceed $100,000,000.00 for the purpose of constructing capital improvements, such as a new East Patrol Division station, a new North Patrol Division station, a new criminalistics laboratory, renovations at the police headquarters facility, and various improvements at existing police buildings, and modernizing police equipment, radio system, and its vehicle and helicopter fleet purchasing, and to evidence such borrowing by the issuance of general obligation bonds of the City of Kansas City, Missouri in the amount of an amount not to exceed $100,000,000.00.

 

Section 2. ELECTION CALLED. That an election is called on November 2, 2010, for the purpose of submitting to the voters of Kansas City the question of renewing a capital improvement sales tax devoted to public safety and the question of issuing up to $100,000,000.00 of general obligation bonds.

 

Section 3. BALLOT TITLE – SALES TAX. The ballot title for the sales tax proposition shall be:

 

QUESTION _____

SHALL THE FOLLOWING BE APPROVED?

 

Shall the City of Kansas City continue to impose a sales tax authorized by Section 94.577 of the Revised Statutes of Missouri for a period of 15 years at a rate of 1/4% to be used for funding expenditures for police, emergency medical services and emergency management associated with promoting, providing, and administering public safety within Kansas City, including but not limited to acquiring, constructing, equipping, furnishing, and/or remodeling facilities and for purchasing and preparing motor vehicles and technology and for other capital improvement and capital equipment needs, to improve response to all hazards, including biological/chemical terrorism or events, which may include the retirement of debt under previously authorized bonded indebtedness or to repay bonds not yet issued?

 

Section 4. BALLOT TITLE – GENERAL OBLIGATION BONDS. The ballot title for the sales tax proposition shall be:

 

QUESTION _____

SHALL THE FOLLOWING BE APPROVED?

 

Shall the City of Kansas City, Missouri, issue its general obligation bonds in the amount not to exceed $100,000,000.00 for the purpose of retiring debt incurred for funding expenditures for police and other improvements associated with promoting, providing, and administering public safety within Kansas City, including but not limited to acquiring, constructing, equipping, furnishing, and/or remodeling facilities and for purchasing and preparing motor vehicles and technology and for other capital improvement and capital equipment needs, and to improve response to all hazards, including biological/chemical terrorism or events.

 

The authorization of the bonds will authorize the City to maintain tangible property tax rates sufficient to pay the interest and principal on the bonds until fully paid. 

 

Section 5. 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 November 2, 2010, 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, NOVEMBER 2, 2010

 

QUESTION NO. _____

(Capital Improvements Sales Tax – Police/Public Safety)

 

Shall the City of Kansas City continue to impose a sales tax authorized by Section 94.577 of the Revised Statutes of Missouri for a period of 15 years at a rate of 1/4% to be used for funding expenditures for police, emergency medical services and emergency management associated with promoting, providing, and administering public safety within Kansas City, including but not limited to acquiring, constructing, equipping, furnishing, and/or remodeling facilities and for purchasing and preparing motor vehicles and technology and for other capital improvement and capital equipment needs, to improve response to all hazards, including biological/chemical terrorism or events, which may include the retirement of debt under previously authorized bonded indebtedness or to repay bonds not yet issued?

 

YES _____

NO _____

 

QUESTION NO. _____

(Capital Improvements - General Obligation Bonds – Police/Public Safety)

 

Shall the City of Kansas City, Missouri, issue its general obligation bonds in the amount not to exceed $100,000,000.00 for the purpose of retiring debt incurred for funding expenditures for police and other improvements associated with promoting, providing, and administering public safety within Kansas City, including but not limited to acquiring, constructing, equipping, furnishing, and/or remodeling facilities and for purchasing and preparing motor vehicles and technology and for other capital improvement and capital equipment needs, and to improve response to all hazards, including biological/chemical terrorism or events.

 

The authorization of the bonds will authorize the City to maintain tangible property tax rates sufficient to pay the interest and principal on the bonds until fully paid. 

 

YES _____

NO _____

 

Instructions to voters will be supplied by the election authorities.

___________________________________________________________

 

A complete copy of Ordinance No. __________, (as it may be amended) submitting these questions 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 ____________________, 2010.

 

 

(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 6. 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 August 24, 2010, 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 7. ENACTMENT OF SALES TAX. That Article VII, entitled "Sales Taxes," of Chapter 68 of the Code of Ordinances, entitled "Taxation," is amended by enacting a new Section 68-447, to read as follows:

 

Sec. 68-447. Imposition of tax (Public Safety 2011)

 

Pursuant to the authority granted by and subject to the provisions of section 94.577, 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 1/4 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 – 144.525 RSMo. The tax shall become effective July 1, 2011, for a period of 15 years and shall apply to all sales made after June 30, 2011, and shall be collected as provided in section 94.577, RSMo.

 

Section 8. REIMBURSEMENT FROM BONDS. The City expects to 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. The maximum principal amount of Bonds expected to be issued for the Project is an amount not to exceed $100,000,000.

 

Section 9. 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 10. EMERGENCY RECOGNIZED. This ordinance, providing for the submission of a sales tax and issuance of general obligation bonds to the people of Kansas City, Missouri, is hereby recognized to be an emergency measure within the meaning of Section 503(a)(3)(A) of the Charter because it calls an election and provides for the submission of proposals 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:

 

 

________________________________

Galen P. Beaufort

City Attorney