COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 071131

 

Calling for submission to the voters of Kansas City, at a special election to be held on February 5, 2008, a question proposed by a Committee of Petitioners to repeal the November 2006 light rail initiative as certified by a Committee of Petitioners pursuant to Charter Section 702; and directing the City Clerk to notify the responsible election authorities of the election not later than November 27, 2007 as directed.

 

  WHEREAS, a Committee of Petitioners has submitted an initiative petition with sufficient signatures to require the presentation of a question to the voters; and

 

WHEREAS, the Committee of Petitioners seeks the enactment of an ordinance that would read:

 

That Ordinance No. 060931, As Amended passed by the Council of Kansas City on August 24, 2006, and approved by the voters on November 7, 2006, is repealed.

 

WHEREAS, City Charter Section 702 provides that if the City Council does not take action on an ordinance proposed by the initiative process within 60 days of certification of the petition to the City Council by the City Clerk, the Committee of Petitioners may require the placement of the matter on the ballot by certifying that demand to the City Clerk within 10 days of the completion of the 60 day period; and

 

WHEREAS, the City Clerk certified the sufficiency of the petition on August 16, 2007; the Council did not act before October 15, 2007; and the Committee of Petitioners filed with the City Clerk a demand that the matter be placed before the voters pursuant to Charter Section 702 prior to October 25, 2007; and the City Clerk has properly certified this demand to the City Council; NOW, THEREFORE

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. ELECTION CALLED. That as required by City Charter Section 702 an election is called on February 5, 2008, for the purpose of submitting to the voters of Kansas City the question of whether the November 2006 light rail ordinance should be repealed.

 

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, not later than November 27, 2007, which shall be the authority of each election authority of the City to submit the proposition to the electors of Kansas City and to give public notice as provided by law, except that no notice shall be given by the City Clerk if Ordinance No. 071130 becomes effective prior to November 27, 2007.

  Section 3. NOTICE OF ELECTION. The notice of election shall read as follows:

 

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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, February 5, 2008, 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, FEBRUARY 5, 2008

 

QUESTION NO. _____

 

(Repeal November 2006 light rail tax and ordinance)

 

Should the November 2006 light rail ordinance (Ordinance No. 060931, As Amended) be repealed?

 

_____ Yes

_____ No

 

(Instructions to voters will be supplied by the election authorities.)

 

A full and complete copy of Ordinance No. 07____ (as it may be amended) submitting the above amendment 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)

 

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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 _______________, 2007

 

 

 

_____________________________

MILLIE CROSSLAND

City Clerk

 

Before me, a notary public, on this _____ day of _______________, 2007, personally appeared Millie Crossland, 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. REPEAL OF NOVEMBER 2006 LIGHT RAIL ORDINANCE. If a majority of the voters favor the question of the repeal of the November 2006 light rail ordinance the following is adopted:

 

That Ordinance No. 060931, As Amended passed by the Council of Kansas City on August 24, 2006, and approved by the voters on November 7, 2006, is repealed.

 

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Approved as to form and legality:

 

 

____________________________________

William Geary

Assistant City Attorney