COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 010416

Providing for submission to the qualified voters of the City for their approval at a special election called for Tuesday, August 7, 2001, the question of authorizing a 1% increase in the convention and tourism tax of Chapter 68, Code of Ordinances; authorizing and directing the City Clerk to notify the responsible election authorities of this election; amending Chapter 68, Article IX, Code of Ordinances, by repealing Section 68-551 therein entitled Imposition of Tax, and enacting in lieu thereof a new section of like number and subject matter and declaring the effective date thereof; and recognizing this ordinance to be an emergency measure.

WHEREAS, the City presently imposes a convention and tourism tax of 5 1/2% on the amount of sales or charges for all sleeping rooms paid by the transient guests of hotels, motels and tourist courts situated within the City and doing business within the City pursuant to Section 68-551, Code of Ordinances; and

WHEREAS, Section 92.327, R.S.Mo., as amended in 1999 by the General Assembly of the State of Missouri in Senate Committee Substitute for House Bill 35 allows the City to submit to its citizens the proposition of increasing this component of the convention and tourism tax from 5 1/2% to 6 %; and

WHEREAS, election requirements generally mandate a notice to election authorities no less than 10 weeks before the election being called; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Special election called. A special election is called and shall be held on Tuesday, August 7, 2001, at which election the question of authorizing an increase of 1% in the convention and tourism tax shall be submitted to the qualified voters of the City for their consideration, as required by Sections 92.327 and 92.331, RSMo.

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 be authorized to increase the convention and tourism tax from 5 1/2% to 6 1/2% on the amount of sales or charges for all rooms paid by the transient guests of hotels, motels and tourist courts to provide funds for the promotion of convention and tourism? This question was approved by the voters on August 3, 1999, but, because the ordinance authorizing that election was approved prior to the effective date of the statute authorizing the increase, the question must be submitted to a vote again.

9 YES 9 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. That 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 these amendments to the electors of Kansas City as herein provided and to give public notice thereof as provided by law within one business day of the effective date of this ordinance.

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 7, 2001, 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:

44444444444444444444444444444444444444444

OFFICIAL BALLOT

CITY OF KANSAS CITY

SPECIAL ELECTION SS August 7, 2001

QUESTION _____

Shall the City of Kansas City be authorized to increase the convention and tourism tax from 5 1/2% to 6 1/2% on the amount of sales or charges for all rooms paid by the transient guests of hotels, motels and tourist courts to provide funds for the promotion of convention and tourism? This question was approved by the voters on August 3, 1999, but, because the ordinance authorizing that election was approved prior to the effective date of the statute authorizing the increase, the question must be submitted to a vote again.

9 YES 9 NO

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

44444444444444444444444444444444444444444

A full and complete copy of Ordinance No. 010416, submitting the above proposition 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 ___________, 2001.

(SEAL)

_________________________________

CATHERINE T. ROCHA

City Clerk, City of Kansas City, Missouri

Before me, a notary public, personally appeared Catherine T. Rocha, 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. If a majority of the qualified voters voting at the August 7, 2001 election vote in favor of the approval of the proposition, Chapter 68, entitled Taxation and Article IX thereof entitled Convention and Tourism Tax shall hereby be amended by repealing Section 68-551 entitled Imposition of Tax and enacting in lieu thereof a new Section 68-551, to become effective October 1, 2001, to read as follows:

Sec. 68-551. Imposition of tax.

(a) The tax known as the convention and tourism tax will be imposed as permitted by RSMo. 92.325--92.340 as follows:

(1) A tax of 6 percent of the amount of sales or charges for all sleeping rooms paid by the transient guests of hotels, motels and tourist courts situated within the city, and doing business within the city (excluding sales tax); and

(2) A tax of 1 3/4 percent of the gross receipts derived from the retail sales of food by every person operating a food establishment.

(b) Such taxes shall be known as the convention and tourism tax, and shall be collected and deposited by the city treasurer in a separate fund to be known as the convention and tourism tax fund. The city council shall appropriate from the convention and tourism fund as provided in RSMo 92.325--92.340 and this article.

Section 6. Effect of invalidity. This ordinance presents an increase to the convention and tourism tax, and not a replacement. It is intended to place before the voters the question of increasing the tax, not either eliminating or increasing the tax. It is the intention of the Mayor and Council that should the 1% increase in the hotel/motel tax be found to be unlawful, the current provisions will remain in effect.

Section 7. Emergency. That Sections 1 through 4 and 6 of this ordinance call for an election and provides for the submission of a question to the people of Kansas City, Missouri, and that portion of this ordinance 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.

________________________________________________________________

Approved as to form and legality:

_________________________________

City Attorney