SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 051255, AS AMENDED

Calling for submission to the voters of Kansas City, at a special election to be held on August 8, 2006, a question amending the Charter of Kansas City to extend term limits applicable to future Mayors and Councils from two to three consecutive terms; directing the City Clerk to notify the responsible election authorities of the election on or after May 26, 2006, but not later than May 30, 2006; and recognizing this ordinance to be an emergency measure.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. ELECTION CALLED. That an election is called on August 8, 2006, for the purpose of submitting to the voters of Kansas City an amendment to the City Charter.

Section 2. 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, on or after May 26, 2006, but not later than May 30, 2006, 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 3. NOTICE OF ELECTION. The notice of election shall read as follows:

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NOTICE OF ELECTION

KANSAS CITY, MISSOURI

Notice is hereby given that the City of Kansas City has called a special election to be held on Tuesday, August 8, 2006, between the hours of 6:00 a.m. and 7:00 p.m., at which election all qualified voters residing within Kansas City, Missouri will be given the opportunity to vote.

The official ballot will be in substantially the following form:

OFFICIAL BALLOT

CITY OF KANSAS CITY

SPECIAL ELECTION, AUGUST 8, 2006

QUESTION NO. _____

(Term Limits)

Should the Charter of Kansas City be amended by enacting a three consecutive term limit for the Mayor and Council members effective with the current Mayor and Council?

_____ Yes

_____ No

(Instructions to voters will be supplied by the election authorities.)

A full and complete copy of Second Committee Substitute for Ordinance No. 051255 (as it may be amended) submitting the above amendment 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)

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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 May, 2006.

(SEAL) __________________________________

MILLIE CROSSLAND

City Clerk of Kansas City, Missouri

Before me, a notary public, personally appeared Millie Crossland, 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.

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Notary Public

My Commission Expires:____________________________

Section 4. AMENDMENTS TO BECOME THE CHARTER OF THE CITY OF KANSAS CITY – TERM LIMITS. If a majority of the voters favor the term limits question, then the amendment to the Charter of the City of Kansas City shall become effective September 1, 2006, if the amendments proposed by Committee Substitute for Ordinance 050953 (as it may be amended) are adopted, and effective September 1, 2006, if the amendments proposed by Committee Substitute for Ordinance 050953 (as it may be amended) are not adopted, which amendment shall read as follows:

BE IT ADOPTED BY THE PEOPLE OF KANSAS CITY:

That the Charter of the City of Kansas City is amended by repealing Section 206 of the Charter proposed by Committee Substitute for Ordinance 050953 (as it may be amended) if it is adopted by the people, and enacting a new section to read as follows:

Sec. 206. Term of office.

(a) Length of term. All members of the Council, including the Mayor, will serve a term of four years, commencing May 1 following their election.

(b)               Term limits.

(1) Mayor. No person shall be elected Mayor who has been elected Mayor in each of the last three regular municipal elections.

(2) Member of the Council. No person shall be elected a member of the Council who has been elected to the Council in each of the last three regular municipal elections.

(3) Retroactive application. Persons elected as a member of the Council or as Mayor prior to the date this Charter becomes effective are included within the term limits established by this section.

Alternatively, if the amendments proposed by Committee Substitute for Ordinance 050953 (as it may be amended) are not adopted by the people, but if a majority of the voters favor the term limits question, then the amendment to the Charter of Kansas City shall become effective September 1, 2006, repealing Section 6.4 of the Charter of Kansas City, the new section to read as follows:

Sec. 6.4. Limitation on term of office for councilmembers and mayor.

No person shall be elected a member of the council who has been elected to the council in each of the last three (3) regular municipal elections. No person shall be elected mayor who has been elected mayor in each of the last three (3) regular municipal elections.

Section 5. EMERGENCY RECOGNIZED. This ordinance, providing for the submission of Charter amendments 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, and as such shall become effective immediately upon its passage.

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Approved as to form and legality:

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William Geary

Assistant City Attorney