COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 120147
Calling an election on August 7, 2012,
for the purpose of submitting an ordinance proposed by initiative to require
the City to remove itself from financial involvement in the production of
nuclear weapons components; directing the City Clerk to provide notice of the
election; and recognizing an emergency.
WHEREAS, City
Charter sections 701 through 704 provide for initiative petitions; and
WHEREAS, to
place a matter before the voters by an initiative petition signatures of 3,573
Kansas City voters must be submitted; and
WHEREAS, the
committee of petitioners submitted 3,676 signatures to place before the voters
an ordinance called “Removal of City financial involvement in production of
nuclear weapons components”; NOW, THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. ELECTION
CALLED. That an election is called on August 7, 2012, for the purpose of
submitting to the voters of Kansas City the question of adopting an ordinance
proposed by a committee of petitioners known as “Removal of City financial
involvement in production of nuclear weapons components”.
Section 2. BALLOT
TITLE. The ballot title for the proposition shall be:
QUESTION _____
SHALL THE FOLLOWING
BE APPROVED?
Shall the City of
Kansas City adopt an ordinance proposed by a committee of petitioners to
prohibit any future contracts whereby the City is directly financially involved
in facilities that produce or procure components for, assemble, or refurbish
nuclear weapons except for outside infrastructure improvement customarily
provided by cities, including through taxes, bonds, loans, tax credits, credit
or any other financial scheme or mechanism; to require the City to divest
itself as soon as reasonably feasible of all municipal bonds which finance or
subsidize any facility which produces or procures any parts for, assembles, or
refurbishes nuclear weapons; and to prohibit by the City or any body or entity
controlled or appointed by the City the owning or leasing of any facilities
involved in nuclear weapons production or procurement, assembly, or
refurbishing.
Section 3. ELECTION
NOTICE. The Notice of Election shall read as follows:
NOTICE OF ELECTION
CITY OF KANSAS CITY,
MISSOURI
Notice is given to
the qualified voters of the City of Kansas City, Missouri, that the City
Council of the City has called a special election to be held in the City on August
7, 2012, commencing at 6:00 A.M. and closing at 7:00 P.M., on the question
contained in the following sample ballot:
___________________________________________________________
OFFICIAL BALLOT
CITY OF KANSAS CITY
SPECIAL ELECTION, AUGUST
7, 2012
QUESTION NO. _____
Shall the City of
Kansas City adopt an ordinance proposed by a committee of petitioners to
prohibit any future contracts whereby the City is directly financially involved
in facilities that produce or procure components for, assemble, or refurbish
nuclear weapons except for outside infrastructure improvement customarily
provided by cities, including through taxes, bonds, loans, tax credits, credit
or any other financial scheme or mechanism; to require the City to divest
itself as soon as reasonably feasible of all municipal bonds which finance or
subsidize any facility which produces or procures any parts for, assembles, or
refurbishes nuclear weapons; and to prohibit by the City or any body or entity
controlled or appointed by the City the owning or leasing of any facilities
involved in nuclear weapons production or procurement, assembly, or
refurbishing.
YES _____
NO _____
Instructions to voters will be supplied by the election
authorities.
___________________________________________________________
A complete copy of Committee
Substitute for Ordinance No. 120147, (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, as amended.
Given under my hand and the
official seal of the Kansas City, Missouri, this _____ day of
____________________, 2012.
(SEAL) __________________________________
VICKIE THOMPSON-CARR
City Clerk of
Kansas City, Missouri
Before me, a notary public,
personally appeared Vickie Thompson-Carr, 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. 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 May 29, 2012, which
shall be the authority of each election authority of the City to submit the
amendment to the electors of Kansas City and to give public notice as provided
by law.
Section 5. ENACTMENT
OF ORDINANCE. That contingent upon approval of the voters, a new section
1-27, code of ordinances, entitled “Initiative ordinance - Removal of City
financial involvement in production of nuclear weapons components” is enacted
by the people of Kansas City to read as follows:
Sec. 1-27. Initiative
ordinance – Removal of City financial involvement in
production
of nuclear weapons components.
(a) The City of Kansas City, Missouri ("the
City") shall not enter into any future contracts whereby it will be
directly financially involved in any facilities that produce or procure
components for, assemble, or refurbish nuclear weapons except for outside
infrastructure improvements customarily provided by cities. The City is also
barred from funding or subsidizing such a facility through taxes, bonds, loans, tax credits, credit, or any other financial
scheme or mechanism.
(b) The City shall
use all means consistent with law and existing contractual obligations to
divest itself as soon as reasonably feasible of current municipal bonds which finance
or subsidize any facility which produces or procures any parts for, assembles, or refurbishes nuclear weapons.
(c)
From the effective date of this
ordinance, no municipal agency, nor any body or entity controlled or appointed
by the City, is authorized to own or
lease any facilities involved in nuclear weapons production or procurement,
assembly, or refurbishing.
(d) The provisions
of this Ordinance are severable. If any court of competent jurisdiction decides
that any section, clause, sentence, part, or provision of this Ordinance is
illegal, invalid, or unconstitutional, such decision shall not affect, impair,
or invalidate any of the remaining sections,
clauses, sentences, parts, or provisions of the Ordinance.
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:
________________________________
William D. Geary
City Attorney