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Legislation #: 180923 Introduction Date: 11/29/2018
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER WAGNER
Title: Calling for submission to the qualified voters of Kansas City, Missouri, at the general election to be held on Tuesday, November 5, 2019, the question of temporarily increasing the tax levy for municipal purposes for a period of ten years by five cents ($.05) per one hundred dollars ($100.00) of assessed valuation on real and tangible personal property within the City; directing the City Clerk to notify the responsible election authorities of this election; enacting an affordable housing program upon voter approval; and recognizing an accelerated effective date.

Legislation History
DateMinutesDescription
11/29/2018 Filed by the Clerk's office
11/29/2018 Referred to Finance and Governance Committee
12/5/2018 Referred to Housing Committee
12/12/2018 Hold On Agenda (12/19/2018)
12/19/2018 Hold On Agenda (1/9/2019)
1/9/2019 Hold On Agenda (1/23/2019)
1/23/2019 Hold On Agenda (1/30/2019)
1/30/2019 Hold On Agenda (2/20/2019)
4/10/2019 Hold On Agenda (5/8/2019)
6/12/2019 Hold Off Agenda
2/27/2019 Hold On Agenda (4/10/2019)

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Fact Sheet 180923.pdf Fact Sheet 21K 180923 fact sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 180923

 

Calling for submission to the qualified voters of Kansas City, Missouri, at the general election to be held on Tuesday, November 5, 2019, the question of temporarily increasing the tax levy for municipal purposes for a period of ten years by five cents ($.05) per one hundred dollars ($100.00) of assessed valuation on real and tangible personal property within the City; directing the City Clerk to notify the responsible election authorities of this election; enacting an affordable housing program upon voter approval; and recognizing an accelerated effective date.

 

WHEREAS, Article I, Section 102 of the City Charter provides that the City shall have all powers which the General Assembly of the State of Missouri has authority to confer, are consistent with the Constitution of this State, and are not limited or denied either by the Charter or by statute.

 

WHEREAS, the City Council finds that the promotion and funding of an affordable housing program is within its municipal powers and is essential to the comfort, convenience, safety, and happiness of the citizens of the City; and

 

WHEREAS, the City Council intends to provide funding for affordable housing programming that is in the public interest and serves a public purpose; and

 

WHEREAS, Section 92.030 of the Revised Statutes of Missouri authorizes the City to annually levy and impose a tax, for municipal purposes, which shall not exceed a maximum rate of one dollar ($1.00) on the one hundred dollars ($100.00) of assessed valuation upon the real and tangible personal property located within the City limits; and 

 

WHEREAS, in recent years, the need to provide affordable housing programming to the citizens of the City has grown and additional revenues generated by a temporary increase in the municipal purpose tax levy will offset that burden while preserving existing services; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. ELECTION CALLED. That an election is called on Tuesday, November 5, 2019, for the purpose of submitting to the voters of Kansas City, Missouri, a proposition hereinafter set out to authorize a temporary increase in the tax levy for municipal purposes for a period of ten years by five cents ($.05) per one hundred dollars ($100.00) of assessed valuation on real and tangible personal property within the City to fund an affordable housing program.

 


 

Section 2. BALLOT TITLE. The ballot title for the tax levy question shall be:

 

QUESTION _____

 

SHALL THE FOLLOWING BE APPROVED?

 

Shall the City of Kansas City, Missouri, be authorized to temporarily increase the tax levy for municipal purposes for a period of ten years by increasing the existing levy by five cents ($.05) per one hundred dollars ($100.00) of assessed valuation on real and tangible personal property within the City of Kansas City, Missouri, based upon the assessed valuations, with the additional revenues used to fund an affordable housing program?

 

   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 an election to be held in the City on Tuesday, November 5, 2019, 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

 

QUESTION _____

SHALL THE FOLLOWING BE APPROVED?

 

Shall the City of Kansas City, Missouri, be authorized to temporarily increase the tax levy for municipal purposes for a period of ten years by increasing the existing levy by five cents ($.05) per one hundred dollars ($100.00) of assessed valuation on real and tangible personal property within the City of Kansas City, Missouri, based upon the assessed valuations, with the additional revenues used to fund an affordable housing program?

 

YES _____

 

NO _____

 

Instructions to voters will be supplied by the election authorities.

 

___________________________________________________________

 

A complete copy of Ordinance No. ________, (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 ____________________, 20__.

 

 

(SEAL) _____________________________

MARILYN SANDERS

City Clerk of Kansas City, Missouri

 

Before me, a notary public, personally appeared Marilyn Sanders, 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 Tuesday, August 27, 2019, which shall be the authority of each election authority of the City to submit the amendment to the electors of Kansas City, Missouri, and to give public notice as provided by law.

 

Section 5. ENACTMENT OF ORDINANCE. That contingent upon the approval of the voters, a new Article [XX.] Chapter [XX], Code of Ordinances, entitled “Affordable Housing Program,” is enacted to read as follows:

 


 

ARTICLE [XX]. AFFORDABLE HOUSING PROGRAM

 

[SUBJECT MATTER TO BE DEVELOPED]

 

Section 6. EFFECT OF INVALIDITY. This ordinance presents a proposed increase in the municipal purpose tax levy. Should the proposed increase to the municipal purpose tax levy authorized in this ordinance be found to be unlawful or if it is not approved by a simple majority of the voters, the existing levy will remain in effect.

 

Section 7. ACCELERATED EFFECTIVE DATE RECOGNIZED. This ordinance, providing for the submission of a question to the people of Kansas City, Missouri, is hereby recognized to be an ordinance with an accelerated effective date within the meaning of Section 503(a)(3)(A) of the City Charter because it calls an election and provides for the submission of a proposal 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 and legality:

 

 

___________________________________

Matthew Gigliotti

Assistant City Attorney