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Legislation #: 050554 Introduction Date: 5/5/2005
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS XBARNES, COOPER, EDDY, FAIRFIELD, SCHUMACHER, RILEY AND SKAGGS
Title: Providing for submission to the qualified voters of the City for their approval at an election called for Tuesday, August 2, 2005, the question of authorizing the issuance and sale of negotiable interest bearing wastewater revenue bonds of the City in the principal amount of $250,000,000.00 for the purpose of extending and improving the wastewater system of the City; directing the City Clerk to notify the responsible election authorities of this election; recognizing this ordinance to be an emergency measure; and declaring the effective date of the authorization.

Legislation History
DateMinutesDescription
5/5/2005 Filed by the Clerk's office
5/5/2005 Referred to Finance Committee
5/18/2005 Advance and Do Pass as a Committee Substitute, Debate
5/19/2005 Councilmember Eddy Move to Amend
5/19/2005 Passed as Substituted and Amended

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050554.pdf Authenticated 200K Authenticated
fact sheet.xls Advertise Notice 82K fact sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 050554, AS AMENDED

Providing for submission to the qualified voters of the City for their approval at an election called for Tuesday, August 2, 2005, the question of authorizing the issuance and sale of negotiable interest bearing wastewater revenue bonds of the City in the principal amount of $250,000,000.00 for the purpose of extending and improving the wastewater system of the City; directing the City Clerk to notify the responsible election authorities of this election; recognizing this ordinance to be an emergency measure; and declaring the effective date of the authorization.

WHEREAS, a special election may be held throughout Kansas City on August 2, 2005; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

  Section 1. Election called. An election is hereby called and shall be held in Kansas City, Missouri, on Tuesday, August 2, 2005, at which election there shall be submitted to the qualified electors of Kansas City, Missouri, the question of authorizing the issuance and sale of negotiable interest bearing wastewater revenue bonds by the City in the principal amount of $250,000,000.00 for the purpose of extending and improving the wastewater system of the City.

Section 2. Ballot language. The ballot language shall be in substantially the following form:

  QUESTION _____

SHALL THE FOLLOWING BE APPROVED?

Shall the City of Kansas City, Missouri, issue and sell wastewater revenue bonds in the principal amount of $250,000,000.00 for the purpose of extending and improving the wastewater system of the City including, without limitation (1) reduction or elimination of sewer overflows and backups, (2) compliance with current and future federal and state regulations, (3) rehabilitation of combined sewers to reduce or eliminate overflows and flooding, (4) continued expansion of the City's interceptor sewer system, (5) acquisition of necessary property interests, and (6) rehabilitation of existing aged wastewater treatment plants, pumping stations, and other wastewater facilities, with the principal and interest of said bonds to be payable solely from the revenues derived by the City from the operation of its wastewater system, including all future improvements and extensions thereto?

_____ Yes

 

_____ No

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

Section 3. Delivery of Ordinance by City Clerk to Election Authorities. The City 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 Commissioners of Clay County, Missouri, to the Board of Election Commissioners of Platte County, Missouri, and to the County Clerk of Cass County, Missouri, which shall be the authority of the respective election authorities of the City to submit the question to the electors of Kansas City as herein provided and to give public notice thereof as provided by law.

 Section 4. 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 an election to be held in the City on Tuesday, August 2, 2005, between the hours of 6:00 a.m. and 7:00 p.m. C.D.T., 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, Missouri, issue and sell wastewater revenue bonds in the principal amount of $250,000,000.00 for the purpose of extending and improving the wastewater system of the City including, without limitation (1) reduction or elimination of sewer overflows and backups, (2) compliance with current and future federal and state regulations, (3) rehabilitation of combined sewers to reduce or eliminate overflows and flooding, (4) continued expansion of the City's interceptor sewer system, (5) acquisition of necessary property interests, and (6) rehabilitation of existing aged wastewater treatment plants, pumping stations, and other wastewater facilities, with the principal and interest of said bonds to be payable solely from the revenues derived by the City from the operation of its wastewater system, including all future improvements and extensions thereto?

_____ Yes

_____ No

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

_____________________________________________

A full and complete copy of Ordinance No. ______, submitting the above question 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.]

_____________________________________________

  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 __________________, 2005.

 

(SEAL) _________________________________

Millie Crossland

City Clerk, City of Kansas City, Missouri

  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 5. That, in connection with the bonds referred to in this ordinance, the Council states that the Bond Financial Advisory Committee, established by Resolution No. 040143, to advise the Mayor and Council on matters relating to the issuance of certain general obligation bonds, will be utilized to advise the Mayor and Council on matters relating to the timing of bond issuance, debt capacity, prevailing interest rates, budget considerations and compliance with bond authorization ballot language.

That the Council further states its intention to structure the issuance of the bonds so as to minimize the impact on ratepayers, while continuing to make necessary improvements to the wastewater system.

  Section 6. Emergency. This ordinance, calling for an election and 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 15, Article II, of the Charter of Kansas City, and as such shall become effective upon approval by the Mayor or after five days of its passage if no action is taken by the Mayor to approve or veto this ordinance, whichever is earlier.

Section 7. If a majority of the qualified voters voting at said election shall vote in favor of the question, then the authority of the Council to sell said wastewater revenue bonds shall become effective immediately upon certification of the election results by the election authorities.

_____________________________________________

  Approved as to form and legality:

 

 

___________________________________

Cecilia OConnor Abbott

Assistant City Attorney