ORDINANCE NO. 170043
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 enacting
two sales taxes totaling three-eighths cent for 25 years each for the extension
of the streetcar system, including a fleet of electric buses; enacting the new sales
tax 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 two sales taxes for the purpose
of extending the streetcar system; 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; and
WHEREAS, the streetcar extension, along with
the fleet of electric mini-buses, promised by the committee of petitioners
cannot be built with the money raised by the proposed sales taxes, something
recognized by the committee of petitioners by the inclusion of these provisions
within the ordinance:
The city shall use the tax proceeds for the
implementation and on-going operation and maintenance of as much as possible
of the following Improvements to the City’s Public Transportation
Infrastructure within Kansas City, Missouri city limits: . . .
Nothing herein shall
be construed to instruct or compel the City of Kansas City to expend fund (sic)
in excess of revenue generated hereby. In the event revenue generated hereby is
insufficient to complete all improvements and routes the City is instructed to
complete as much as feasible with priority being given to connections with
existing or previously planned public transportation routes.
and
WHEREAS, the impossibility of completion of the
promised streetcar system extensions, even without regard to the maintenance
and operation costs of such system or the cost of borrowing to finance the
construction of the system are matters unlikely to be reviewed by the courts
prior to the election; 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 enacting two sales taxes for the extension of
the streetcar system, including a fleet of electric buses.
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 – Sales Taxes)
Shall the City of Kansas City enact the
following two sales taxes:
(a)
a new 1/8ȼ sales tax for 25
years beginning January 1, 2018, pursuant to sections 94.600 through 94.655,
Revised Statutes of Missouri, the transportation sales tax; and
(b)
a new 1/4ȼ sales tax for 25
years beginning January 1, 2018, pursuant to sections 94.575 through 94.577,
Revised Statutes of Missouri, the capital improvements sales tax,
all for the purpose of constructing,
maintaining and operating one or more extensions to the streetcar system, that
might include a fleet of electric buses to transport people to and from light
rail system stations and from a northern station to KCI, from the Kansas City
Zoo to the new Cerner Campus, and from the Country Club Plaza to Brookside and
south, or as much as can be constructed, maintained and operated with proceeds
of the tax, including necessary bridges and other infrastructure?
_____ 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- Sales Taxes)
Shall the City of Kansas City enact the
following two sales taxes:
(a)
a new 1/8ȼ sales tax for 25
years beginning January 1, 2018, pursuant to sections 94.600 through 94.655,
Revised Statutes of Missouri, the transportation sales tax; and
(b)
a new 1/4ȼ sales tax for 25
years beginning January 1, 2018, pursuant to sections 94.575 through 94.577,
Revised Statutes of Missouri, the capital improvements sales tax,
all for the purpose of constructing,
maintaining and operating one or more extensions to the streetcar system, that
might include a fleet of electric buses to transport people to and from light
rail system stations and from a northern station to KCI, from the Kansas City
Zoo to the new Cerner Campus, and from the Country Club Plaza to Brookside and
south, or as much as can be constructed, maintained and operated with proceeds
of the tax, including necessary bridges and other infrastructure?
_____ YES
_____ NO
Section 5. ENACTMENT OF THE SALES TAXES. That
a new section 68-449, Code of Ordinances, entitled “Imposition of tax (Public
Transportation Infrastructure 2017),” is enacted, contingent upon approval of
the voters at an election to be held on August 8, 2017, to read as follows:
Sec. 68-449. Imposition of tax (Public Transportation
Infrastructure 2017).
(a) Imposition of sales tax one. Pursuant
to the authority by and subject to the provisions of Section 94.600 through
94.655, RSMo, a new 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 section 144.010 through section 144.525, RSMo, and the
rules and regulations of the Director of Revenue issued pursuant thereto. The
rate of the new tax shall be ⅛ 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 144.001 through section 144.525, RSMo.
The tax shall become effective January 1, 2018, and collected for a period of
25-years, unless sooner terminated, and shall be collected as provided in
section 94.600 through section 94.655, RSMo.
(b) Imposition of sales tax two.
Pursuant to the authority by and subject to the provisions of section 94.575
through section 94.577, RSMo., a new 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 section 144.010 through section
144.525, RSMo., and the rules and regulations of the Director of Revenue issued
pursuant thereto. The rate of the sales tax shall be ¼ 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 144.001 through section
144.525, RSMo. The tax shall become effective January 1, 2018, and collected
for a period of 25-years, unless sooner terminated, and shall be collected as
provided in section 94.675 through section 94.577, RSMo.
(c) The city shall use the tax proceeds
for the implementation and on-going operation and maintenance of as much as
possible of the following Improvements to the City’s Public Transportation
Infrastructure within Kansas City, Missouri city limits:
(1) Transform the
city’s downtown streetcar system into a more rapid rail system (operating at
faster speeds, with fewer stops and predominantly in new transit greenways
separated from traffic) and also expand it into a more citywide streetcar system
by adding 4 new lines: (a) a south line from Union Station to the Kansas City
Zoo with intermediate stops at Penn Valley Park, Armour, Westport, the Plaza,
UMKC, Rockhurst University, 57th St. & Troost, Brookside at 63rd St., and
Research Hospital; (b) a north line from the City Market to the central
northland with 2 intermediate stops; (c) an east line from downtown to the
Jackson County Sports Complex with intermediate stops at Hospital Hill, Troost,
Prospect, and the VA hospital; and (d) a second east line from downtown to the
Old Northeast; and with express electric-bus service provided from the northern
rail station to Twin Creeks Neighborhood and Kansas City International Airport,
from the KC Zoo rail station to the Cerner Campus at Bannister and beyond, and
from the Plaza rail station to Brookside, Waldo and South Kansas City; and
(2) Establish a new electric mini-bus fleet and
new bikeway feeder system to assist people in getting to and from streetcar
stations without the need of a private automobile; and
(3) Convert, if possible, Penn Valley Drive
(Broadway through Penn Valley Park) into a vehicular-free Streetcar / Bicycle /
Pedestrian Greenway and Troost Ave. (from Brush Creek to 63rd St.) into the
same; and utilize, where possible, for rail routes park land, medians of city
boulevards and existing right-of-ways.
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:
_____________________________
Cecilia Abbott
City Attorney