THIRD COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080034, AS AMENDED

 

Enacting a new Section 68-475, continuing a 3/8% city sales tax for a period of 15 years for the purposes of developing, operating, maintaining, equipping and improving a bus transit system by the Kansas City Area Transportation Authority for Kansas City, Missouri, pursuant to Sections 94.600 through 94.655, RSMo.; providing for submission of this ordinance to the qualified voters of the City for their approval at a special election called for April 8, 2008, authorizing and directing the City Clerk to notify the responsible election authorities of this election; authorizing and directing the City Clerk to notify the Missouri Director of Revenue if the proposal is approved by the voters; and recognizing this ordinance to be an emergency measure.

 

WHEREAS, under the provisions of Sections 94.600 to 94.655, RSMo., the City may impose by ordinance, a sales tax for transportation purposes on the receipts from the sale at retail of all tangible personal property or taxable services at retail within its limits, if such property and services are subject to taxation under the provisions of Sections 144.010 to 144.525, RSMo; and

 

WHEREAS, Section 68-474, Code of Ordinances, approved by voters in 2003 imposed a sales tax for transportation purposes through March 31, 2009; and

 

WHEREAS, under the applicable Missouri constitutional requirement no ordinance enacted pursuant to this authority 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 1. Continuation of tax. That Chapter 68, Code of Ordinances, entitled "Taxation", is amended by enacting a new Section 68-475, to read as follows:

 

Sec. 68-475. Continuation of tax.

 

Pursuant to the authority granted by and subject to the provisions of Sections 94.600 through 94.655, RSMo., a tax for the purposes of developing, operating, maintaining, equipping and improving a bus transit system by the Kansas City Area Transportation Authority for Kansas City, Missouri is hereby continued 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 through 144.525, RSMo, and the rules and regulations of the director of revenue issued pursuant thereto. The rate of the tax shall be 3/8% on the receipts from the sale at retail of all tangible personal property or taxable services at retail within the city, if such property and such services are subject to taxation by the state under the provisions of Sections 144.010 through 144.525, RSMo. The tax shall become effective April 1, 2009, and shall apply to all sales made after March 31, 2009, until March 31, 2024, for a period of 15 years and shall be collected as provided in Sections 94.600 through 94.655, RSMo.

 

Section 2. Election called. A special election is hereby called and shall be held on April 8, 2008, at which election the question described in this ordinance shall be submitted to the qualified voters of the City for their consideration.

 

Section 3. Ballot title. The ballot title shall be: Bus Transit System Improvement

 

QUESTION______

SHALL THE FOLLOWING BE APPROVED?

 

Shall the City of Kansas City continue a city sales tax for the purposes of developing, operating, maintaining, equipping and improving a bus transit system by the Kansas City Area Transportation Authority for Kansas City, Missouri, as authorized by Section 94.605 of the Revised Statutes of Missouri at a rate of 3/8% for a period of 15 years?

 

____ YES ____ NO

 

The voter who desires to vote in favor of this question shall place an "X" in the box opposite "Yes." The voter who desires to vote against this question shall place an "X" in the box opposite "No."

 

Section 4. Delivery of Ordinance by City Clerk to Election Authorities. That the 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 Commissions of Clay County, to the Board of Election Commissioners of Platte County, and to the County Clerk of Cass County, which shall be the authority of the respective election authorities of the City to submit this question 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 5. 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 a special election to be held in said City on April 8, 2008, 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 continue a city sales tax for the purposes of developing, operating, maintaining, equipping and improving a bus transit system by the Kansas City Area Transportation Authority for Kansas City, Missouri, as authorized by Section 94.605 of the Revised Statutes of Missouri at a rate of 3/8% for a period of 15 years?

 

____ YES ____ NO

 

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

 

A full and complete copy of Ordinance No. 080034, as it may be amended, submitting the above proposition to the electorate is on file in the office of the City Clerk of Kansas City, Missouri where it 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 January, 2008.

 

(SEAL)

  _________________________________

Millie Crossland

City Clerk

 

Before me, a notary public, personally appeared Millie Crossland, 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 6. Notice to the Missouri Director of Revenue by the City Clerk. If approved by the voters, the City Clerk shall, within 10 days after the approval, forward to the Missouri Director of Revenue by United States registered or certified mail, a certified copy of this ordinance together with certifications of the election returns accompanied by a map of the City clearly showings its boundaries.

 

Section 7. Emergency. That this ordinance provides for the submission of a proposal to the people of Kansas City, Missouri, and is hereby recognized to be an emergency measure within the meaning of Section 503 of the Charter of Kansas City, and as such shall become effective in accordance with that section.

 

_________________________________________________________

 

Approved as to form and legality:

 

 

_________________________________

William D. Geary

Assistant City Attorney