ORDINANCE NO. 060931, AS AMENDED

 

Amending Article VIII, entitled City Sales Tax, of Chapter 68 of the Code of General Ordinances of Kansas City, Missouri, as amended, entitled Taxation. By enacting a new section thereof, designated as Section 68-473, imposing a tax for general revenue purposes on all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail at the rate of three-eight percent (0.375%) per tax on the receipts from the sale at retail of all tangible personal property or taxable services at retail within said city. If such property and services are subject to taxation by the state of Missouri under the provisions of sections 144.010 to 144.525. RSMO., pursuant to the authority granted by and subject to the provisions of sections 94.600 to 94.655.RSMO., dedicating all of the proceeds of such tax to transportation purposes, improvements, and maintenance subject to the provisions of sections 644.032 to 644.033., RSMO., and providing for submission of this ordinance to the qualified voters of the city for their approval on the next available election date as may be provided by law.

 

WHEREAS, under the provisions of Sections 94.600 to 94.655 and 644.032 to 644.033, RSMo, the cities of the state are empowered to impose by ordinance, for general purposes, a tax for general revenue purposes on all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable at retail at the rate of three-eighths of one percent (0.375%) per tax on the receipts from the sale of all tangible personal property or taxable services at retail within any city adopting such taxes, if such property and services are subject to taxation under the provisions of Sections 144.010 to 144.525, RSMo, and Kansas City, Missouri decides to avail itself of such authorization and within the terms thereof; and

 

WHEREAS, under the provisions of said Sections 94.600 to 94.655 and 644.032 to 644.033, RSMo, no ordinance enacted pursuant to the authority granted by the provisions of said sections shall be effective until it has been submitted to the qualified voters of the City and approved by a majority of the qualified voters voting thereon; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Article VII, entitled, City Sales Tax, of Chapter 68 of the Code of General Ordinances of Kansas City, Missouri, as amended, entitled, Taxation, is hereby further amended by enacting one new section to be added thereto and to be known as Section 32.181.6, said section to read as follows:

 

Sec. 32.181.6. Imposition of Tax.

 

Pursuant to the authority granted by and subject to the provisions of Sections 94.600 to 94.655 and 644.032 and 644.033 RSMo, a tax for the benefit of the City is hereby imposed upon all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail to the extent and in the manner provided in Sections 144.010 to 144.525, RSMo, and the rules and regulations of the director of revenue issued pursuant thereto. The rate of tax shall be three-eighths percent (0.375%) on the receipts from the sale at retail of all tangible personal property or taxable services at retail within Kansas City, Missouri, if such property and service are subject to taxation by the State of Missouri under the provisions of Section 144.010 to 144.525, RSMo. The tax shall become effective according to Section 32.087, RSMo.

 

Section B. The sales tax proceeds shall be used for the sole purpose of funding the following transportation improvements to Kansas City:

 

1. Implement Kansas Citys new Heartland Light Rail System consisting of a north/south light rail spine beginning at the Kansas City Zoo in Swope Park and ending at Kansas City International Airport including, but not limited to, stops at UMKC, Nelson Art Gallery, Plaza, Westport, Union Station, Performing Arts Center, Convention Center, Power & Light District, Sprint Center, City Market area, North Kansas City, North Oak Trafficway, and Zona Rosa; with the route following 63rd Street, Troost Avenue, 50th Street, Rockhill Road, Emanuel Cleaver Boulevard, Mill Creek Park, Broadway Boulevard, along the high ridge in Penn Valley Park to the junction of Kessler Road and Pershing Road, the west side of Union Stations Carriage House, Broadway Boulevard, 13th Street, Oak Street, Heart of America Bridge, Burlington Avenue, N. Oak Trafficway, Englewood Road, Waukomis Drive, the interurban right-of-way, Barry Road, Amity Avenue, and concluding at a transit hub, park & ride lot, and shuttle station near Madrid Avenue at KCI; also including new ground-level power supply technology (no overhead wires), and park & ride lots;

 

2. Implement a green fleet of sixty electric shuttles to provide connecting transit service to all light rail stops making possible the expansion of the light rail systems service area to nearby job centers, neighborhoods, and other primary destinations not directly served by the rail line;

 

3. Implement an aerial gondola tram system providing passenger service between Union Station, Liberty Memorial, and Penn Valley Park; remove all thru vehicular roads, including Broadway, in the park and re-route traffic around the park; replace roads with landscaped transportation corridors for new bicycle &walking pathways, the gondola, and a wooden light rail truss bridge; with the funds also to be used to retire bond indebtedness related to the projects, and to help secure additional federal, state, and regional transportation funds?

 

Section C. An election is hereby called and shall be held in Kansas City, State of Missouri, on Tuesday, November 7, 2006, at which election this ordinance shall be submitted to qualified voters of Kansas City, Missouri, for their approval, as required by Section 94.510, RSMo. The ballot shall read as follows:

 

In order to provide for the people of Kansas City a pioneering urban rail passenger system, constituting the foundation of a future regional transit system, offering not only increased energy-efficiency, comfort, mobility, transportation savings, and convenience, but also a greener, cleaner, safer environment, a stronger economy, and a means to help America reduce its dependence on imported oil; shall the City of Kansas City, Missouri extend the current three-eighths (3/8) cent transportation sales tax, due to expire on march 31, 2009, for 25 years, beginning April 1, 2009 and ending March 31, 2034, with said tax to be used solely to fund the construction, operation, maintenance, and beautification of the following transportation improvements under the auspices of the Kansas City, Missouri City Council:

 

1. Implement Kansas Citys new Heartland Light Rail System consisting of a north/south light rail spine beginning at the Kansas City Zoo in Swope Park and ending at Kansas City International Airport including, but not limited to, stops at UMKC, Nelson Art Gallery, Plaza, Westport, Union Station, Performing Arts Center, Convention Center, Power & Light District, Sprint Center, City Market area, North Kansas City, North Oak Trafficway, and Zona Rosa; with the route following 63rd Street, Troost Avenue, 50th Street, Rockhill Road, Emanuel Cleaver Boulevard, Mill Creek Park, Broadway Boulevard, along the high ridge in Penn Valley Park to the junction of Kessler Road and Pershing Road, the west side of Union Stations Carriage House, Broadway Boulevard, 13th Street, Oak Street, Heart of America Bridge, Burlington Avenue, N. Oak Trafficway, Englewood Road, Waukomis Drive, the interurban right-of-way, Barry Road, Amity Avenue, and concluding at a transit hub, park & ride lot, and shuttle station near Madrid Avenue at KCI; also including new ground-level power supply technology (no overhead wires), and park & ride lots;

 

2. Implement a green fleet of sixty electric shuttles to provide connecting transit service to all light rail stops making possible the expansion of the light rail systems service area to nearby job centers, neighborhoods, and other primary destinations not directly served by the rail line;

 

3. Implement an aerial gondola tram system providing passenger service between Union Station, Liberty Memorial, and Penn Valley Park; remove all thru vehicular roads, including Broadway, in the park and re-route traffic around the park; replace roads with landscaped transportation corridors for new bicycle &walking pathways, the gondola, and a wooden light rail truss bridge; with the funds also to be used to retire bond indebtedness related to the projects, and to help secure additional federal, state, and regional transportation funds?

 

______ Yes _______ No

 

The voter who decides in favor of said ordinance shall place a cross mark (x) in the space opposite the word, Yes, or in the case of the use of voting machines, shall pull the lever so as to place a cross mark (x) in the space opposite said word; or in the case of a punch card voting device, shall punch the card opposite said word. The voter who decides to vote against said ordinance shall place a cross mark (x) in the space opposite the word, No, or in the case of voting machines, shall pull the lever so as to place a cross mark (x) in the space opposite said word; or, in the case of a punch card voting device, shall punch the card opposite said word.

 

Section D. If a majority of the qualified voters voting at said election shall vote in favor of the approval of the ordinance, then the same shall become binding and effective according to Section 32.087, RSMo.

 

Section E. The City Clerk shall deliver to the Board of Election Commissioners of Kansas City, Missouri, to the Board of Commissioners of Clay County, Missouri, Cass County, Missouri, and to the Board of Election Commissioners of Platte County, Missouri, each a certified copy of this ordinance which shall be the authority for said respective election authorities of the City to conduct said election, provide the ballot labels and ballots thereof, give notice thereof according to law, and certify the results thereof.

 

Section F. Within ten (10) days after approval of this ordinance by the qualified voters of Kansas City, Missouri, the City Clerk shall forward to the Director of Revenue of the State of Missouri by United States registered mail, a certified copy of this ordinance together with certification of the election returns and accompanied by a map of the City clearly showing the boundaries thereof.

 

Section G. This ordinance, providing for the submission of a City sales tax 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 said City, and as such shall become effective immediately upon its passage.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Dorothy L. Campbell

Assistant City Attorney