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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
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