COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 050553, AS AMENDED
Providing for submission to the
qualified voters of the City for their approval at an election called for
Tuesday, August 2, 2005, the question of authorizing the issuance and sale of
negotiable interest bearing waterworks revenue bonds of the City in the principal
amount of $250,000,000.00 for the purpose of extending and improving the
waterworks system of the City; directing the City Clerk to notify the
responsible election authorities of this election; recognizing this ordinance
to be an emergency measure; and declaring the effective date of the
authorization.
WHEREAS, a
special election may be held throughout Kansas City on August 2, 2005; NOW,
THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1.
Election called. An election is hereby called and shall be held in Kansas City,
Missouri, on Tuesday, August 2, 2005, at which election there shall be
submitted to the qualified electors of Kansas City, Missouri, the question of
authorizing the issuance and sale of negotiable interest bearing waterworks
revenue bonds by the City in the principal amount of $250,000,000.00 for the
purpose of extending and improving the waterworks system of the City.
Section 2. Ballot
language. The ballot language shall be in substantially the following form:
QUESTION
_____
SHALL THE FOLLOWING
BE APPROVED?
Shall the City of Kansas City,
Missouri issue and sell waterworks revenue bonds in the principal amount of
$250,000,000.00 for the purpose of extending and improving the waterworks
system of the City including, without limitation (1) the continued expansion of
the water main transmission system, (2) replacement of small water mains, (3)
replacements of and additions to the water treatment plant, major pump
stations, and other water facilities, and (4) ensuring a reliable water supply
to include intake modifications and/or supplemental ground water supply, with
the principal and interest of said bonds to be payable solely from the revenues
derived by the City from the operation of its waterworks system, including all
future improvements and extensions thereto?
_____
Yes
_____
No
The
voter who desires to vote in favor of this proposition shall place an X in the
box opposite Yes. The voter who desires to vote against this proposition shall
place an X in the box opposite No.
Section 3.
Delivery of Ordinance by City Clerk to Election Authorities. The City Clerk
shall deliver certified copies of this ordinance and notice of election to the
Board of Election Commissioners of Kansas City, Missouri, to the Board of
Election Commissioners of Clay County, Missouri, to the Board of Election
Commissioners of Platte County, Missouri, and to the County Clerk of Cass
County, Missouri, which shall be the authority of the respective election
authorities of the City to submit the question to the electors of Kansas City
as herein provided and to give public notice thereof as provided by law.
Section 4.
Election Notice. That the notice of election shall read as follows:
_____________________________________________
NOTICE OF ELECTION
CITY OF KANSAS CITY, MISSOURI
Notice
is hereby given that the City of Kansas City has called an election to be held
in the City on Tuesday, August 2, 2005, between the hours of 6:00 a.m. and 7:00
p.m. C.D.T., at which election all qualified voters residing within the City of
Kansas City, Missouri, will be given the opportunity to vote.
The official ballot will be
in substantially the following form:
_____________________________________________
QUESTION _____
SHALL THE FOLLOWING
BE APPROVED?
Shall the City of Kansas City,
Missouri issue and sell waterworks revenue bonds in the principal amount of
$250,000,000.00 for the purpose of extending and improving the waterworks
system of the City including, without limitation (1) the continued expansion of
the water main transmission system, (2) replacement of small water mains, (3)
replacements of and additions to the water treatment plant, major pump
stations, and other water facilities, and (4) ensuring a reliable water supply
to include intake modifications and/or supplemental ground water supply, with
the principal and interest of said bonds to be payable solely from the revenues
derived by the City from the operation of its waterworks system, including all
future improvements and extensions thereto?
_____
Yes
_____
No
[Instructions
to voters will be supplied by the election authorities.]
_____________________________________________
A full and
complete copy of Ordinance No. ______, submitting the above question 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.
Given under my
hand and the official seal of the City of Kansas City, Missouri, this _______
day of __________________, 2005.
(SEAL) _________________________________
Millie Crossland
City Clerk, City of Kansas City, Missouri
Before me, a
notary public, personally appeared Millie Crossland, to me known to be the City
Clerk of the City 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 5. That, in connection
with the bonds referred to in this ordinance, the Council states that the Bond
Financial Advisory Committee, established by Resolution No. 040143, to advise
the Mayor and Council on matters relating to the issuance of certain general
obligation bonds, will be utilized to advise the Mayor and Council on matters
relating to the timing of bond issuance, debt capacity, prevailing interest rates,
budget considerations and compliance with bond authorization ballot language.
That the Council further states its intention to structure
the issuance of the bonds so as to minimize the impact on ratepayers, while
continuing to make necessary improvements to the waterworks system.
Section 6.
Emergency. This ordinance, calling for an election and providing for the
submission of a question to the people of Kansas City, Missouri, is hereby
recognized to be an emergency measure within the meaning of Section 15, Article
II, of the Charter of Kansas City, and as such shall become effective upon
approval by the Mayor or after five days of its passage if no action is taken
by the Mayor to approve or veto this ordinance, whichever is earlier.
Section 7. If a
majority of the qualified voters voting at said election shall vote in favor of
the question, then the authority of the Council to sell said waterworks revenue
bonds shall become effective immediately upon certification of the election
results by the election authorities.
_____________________________________________
Approved
as to form and legality:
___________________________________
Cecilia OConnor Abbott
Assistant City Attorney