121072

Providing for submission to the qualified voters of the City for their approval at an election called for Tuesday, April 2, 2013, the question of renewing the ad valorem tax levy for a period of nine years for ambulance services, emergency medical services, hospital and public health purposes at the current level of twenty-two cents ($.22) per one hundred dollars ($100.00) assessed valuation on real and tangible personal property within the City; directing the City Clerk to notify the responsible election authorities of this election; and recognizing this ordinance to be an emergency measure.

WHEREAS, the City Charter empowers the City to provide for the medical and other care of sick, aged or mentally ill poor persons, to provide for the public health of its citizens and provide for the protection of the public health through a variety of means; and

WHEREAS, as part of this charge, the City Council intends to use this charge to provide its citizens with access to acute, primary and emergency care; and

WHEREAS, Section 92.031, RSMo, authorizes the submission of a renewal in the current rate of the levy for the ad valorem tax levied on real and tangible personal property within the City for ambulance services, emergency medical services, hospital and public health purposes by twenty-two cents ($.22) per one hundred dollars ($100.00) assessed valuation to a vote of the people; and

WHEREAS, the number of indigent City residents has increased while both the State of Missouri and the federal government have reduced the amounts they reimburse medical care providers for medical care provided to indigent persons; and

WHEREAS, the work of, and the costs associated with, protecting and preserving the public health continue to increase and have outpaced the revenues generated by the City’s existing health tax levy; and

WHEREAS, it is the Councils intent that whenever revenues generated by the health tax levy are used to provide health care or preventative health care through medical care providers, those revenues will be made available only through contracts providing clear performance measures and standards for demonstrated or documented indigent health care costs for which other funding or compensation cannot be identified or for preventive health care costs; and

WHEREAS, in recent years, the unsubsidized costs of providing adequate medical care to the indigent citizens of the City have also outpaced the revenues generated by the City’s existing health tax levy; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. ELECTION CALLED. An election is called and shall be held in Kansas City, Missouri, on Tuesday, April 2, 2013, at which election there shall be submitted to the qualified electors of Kansas City, Missouri, a proposition set out below to authorize a renewal of the special tax levy of twenty-two cents ($.22) per one hundred dollars ($100.00) assessed valuation for a period of nine years for ambulance services, emergency medical services, hospital and public health purposes at the current total level of seventy-two cents ($.72) per one hundred dollars ($100.00) assessed valuation on real and tangible personal property within 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 be authorized to renew the current tax levy of 22 cents per $100.00 assessed valuation dedicated to ambulance services, emergency medical services, hospital and public health purposes for a period of nine years with the additional revenues to continue to be distributed as follows: the revenue derived from 3 1/2 cents of the levy to ambulance services, the revenue derived from 3 1/2 cents of the levy to non-for-profit neighborhood health centers, and the revenue derived from 15 cents of the levy to Truman Medical Center?

Section 3. 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, April 2, 2013, between the hours of 6:00 a.m. and 7:00 p.m. 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 be authorized to renew the current tax levy of 22 cents per $100.00 assessed valuation dedicated to ambulance services, emergency medical services, hospital and public health purposes for a period of nine years with the additional revenues to continue to be distributed as follows: the revenue derived from 3 1/2 cents of the levy to ambulance services, the revenue derived from 3 1/2 cents of the levy to non-for-profit neighborhood health centers, and the revenue derived from 15 cents of the levy to Truman Medical Center?

_____ Yes

_____ No

[Instructions to voters will be supplied by the election authorities]

_____________________________________________

A full and complete copy of Ordinance No. ______, (as it may be amended) submitting this question 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.

Given under my hand and the official seal of the City of Kansas City, Missouri, this _________ day of ___________, 20__.

(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 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 4. 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 January 22, 2013, which shall be the authority of each election authority of the City to submit the foregoing question to the electors of the City and to give public notice as provided by law.

Section 5. EFFECT OF INVALIDITY. This ordinance presents a proposed renewal of a special addition in the health tax levy. Should the proposed renewal of the special twenty-two cents ($.22) health tax levy authorized in this ordinance be found to be unlawful or if it is not approved by a simple majority of the voters, the basic levy of fifty cents ($.50) will remain in effect.

Section 6. EMERGENCY RECOGNIZED. This ordinance, 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 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:

______________________________

William Geary

City Attorney