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Legislation #: 170043 Introduction Date: 1/19/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: 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.

Legislation History
DateMinutesDescription
1/19/2017 Filed by the Clerk's office
1/19/2017 Referred to Ethics and Legal Review Committee
3/7/2017 Do Pass
3/9/2017 Assigned to Third Read Calendar
3/23/2017 Passed

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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