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Legislation #: 140348 Introduction Date: 5/1/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Article VII, entitled Sales Taxes, of Chapter 68, Code of Ordinances, entitled Taxation, by repealing Section 68-444 relating to the Fire Sales Tax and enacting in lieu thereof one new section of like number and subject matter extending the imposition of the 1/4% city sales tax for the operation of the Fire Department, pursuant to Section 321.242, Revised Statutes of Missouri, for a period of 20 years; providing for submission of this ordinance to the qualified voters of the City for their approval at a special election called for Tuesday, August 5, 2014; 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; endorsing the new Fire Department strategic plan and recognizing this ordinance as having an accelerated effective date.

Legislation History
DateMinutesDescription
4/29/2014 Filed by the Clerk's office
5/1/2014 Referred to Finance, Governance and Public Safety Committee
5/7/2014 Do Pass
5/8/2014 Assigned to Third Read Calendar
5/15/2014 Passed

View Attachments
FileTypeSizeDescription
140348.pdf Advertise Notice 142K Affidavit of Publication
140348.pdf Authenticated 681K Authenticated with a change
140348.pdf Authenticated 406K Authenticated
140348 STRATEGIC PLAN.pdf Other 1171K Strategic Plan Presentation
140348 Fact Sheet.pdf Fact Sheet 35K Fact Sheet

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ORDINANCE NO. 140348

 

(As Corrected by Standing Rule 10.07 (e))

Amending Article VII, entitled Sales Taxes, of Chapter 68, Code of Ordinances, entitled Taxation, by repealing Section 68-444 relating to the Fire Sales Tax and enacting in lieu thereof one new section of like number and subject matter extending the imposition of the 1/4% city sales tax for the operation of the Fire Department, pursuant to Section 321.242, Revised Statutes of Missouri, for a period of 20 years; providing for submission of this ordinance to the qualified voters of the City for their approval at a special election called for Tuesday, August 5, 2014; 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; endorsing the new Fire Department strategic plan and recognizing this ordinance as having an accelerated effective date.

WHEREAS, under the provisions of Section 321.242, Revised Statutes of Missouri, the governing body of any municipality having a municipal fire department may impose by ordinance a sales tax for the operation of such municipal fire department on all retail sales made in the municipality which are subject to the taxation pursuant to the provisions of Sections 144.010 to 144.526, RSMo; and

WHEREAS, no ordinance enacted pursuant to the authority granted by the provisions of Section 321.242, RSMo, 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; and

WHEREAS, Ordinance No. 010743 was passed on May 24, 2001, and submitted to the qualified voters of the City the ballot question of whether a sales tax for the operation of the Kansas City Fire Department should be approved and on August 7, 2001, such sales tax was approved by the voters; and

WHEREAS, such sales tax was approved by the voters for a period of 15 years effective on January 1, 2002, and applying to all sales made after December 31, 2001, and expiring on December 31, 2016; and

WHEREAS, such sales tax has contributed greatly to the public safety of the City and therefore it is the desire of the Council to seek voter approval to extend the sales tax for a further 20 year period beginning on January 1, 2017; and

WHEREAS, the public interest in such sales tax and the importance of it being approved prior to its expiration necessitates putting the issue before the voters as soon as possible; and

WHEREAS, the Fire Department now has the final draft of its new strategic plan containing its strategic goals consistent with its core philosophies; and

WHEREAS, the strategic plan has been created with input from labor unions, customer groups from the community, City elected officials and the healthcare community; and

WHEREAS, the strategic plan strives to be fiscally responsible and aligned with City Council priorities; and

WHEREAS, the strategic plan includes an integrated risk management plan that provides the standards of cover to determine, through a deployment analysis, the best distribution and concentration of fixed and mobile resources in the Fire Department; and

WHEREAS, the strategic plan includes a fleet replacement plan and addresses the fixed facilities needs of the Fire Department; and

WHEREAS, the City seeks voter approval to extend the sales tax used to operate the Fire Department to fund the above plans; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Enactment of tax. That Article VII, entitled Sales Taxes, of Chapter 68 of the Code of Ordinances, entitled Taxation, is amended by repealing Section 68-444 and enacting in lieu thereof one new section of like number and subject matter, to read as follows:

Sec. 68-444. Imposition of tax.

Pursuant to the authority granted by and subject to the provisions of section 321.242, Revised Statutes of Missouri, a tax for the purpose of providing revenues for the operation of the Kansas City Fire Department is hereby imposed 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—144.526, RSMo, and the rules and regulations of the director of revenue issued pursuant thereto. The rate of the tax shall be ¼% 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—144.526, RSMo. The tax shall become effective January 1, 2017, for a period of 20 years, and shall apply to all sales made after December 31, 2016, and shall be collected as provided in Section 321.242, RSMo.

Section 2. Special election called. A special election is called and shall be held on Tuesday, August 5, 2014, at which election the question of establishing the tax described in this ordinance shall be submitted to the qualified voters of the City for their consideration, as required by law.


Section 3. Ballot title. The ballot title shall be:

QUESTION _____

SHALL THE FOLLOWING BE APPROVED?

Shall the City of Kansas City renew the imposition of its sales tax of 1/4% for the purpose of providing revenues for the operation of the Kansas City Fire Department as authorized by Section 321.242 of the Revised Statutes of Missouri for a period of 20 years, which will extend the current existing 1/4% sales tax providing revenues to operate the Fire Department that was authorized by the voters on August 8, 2001?

[ ] 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 Commissioners 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 amendment 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 an election to be held in said City on Tuesday, August 5, 2014, 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:


OFFICIAL BALLOT

CITY OF KANSAS CITY

ELECTION

August 5, 2014

 

QUESTION _____

 

SHALL THE FOLLOWING BE APPROVED?

 

Shall the City of Kansas City renew the imposition of its sales tax of 1/4% for the purpose of providing revenues for the operation of the Kansas City Fire Department as authorized by Section 321.242 of the Revised Statutes of Missouri for a period of 20 years, which will extend the current existing 1/4% sales tax providing revenues to operate the Fire Department that was authorized by the voters on August 8, 2001?

[ ] YES [ ] NO

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

==========================================================

A full and complete copy of this ordinance, 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, Revised Statutes of Missouri.

Given under my hand and the official seal of the City of Kansas City, Missouri, this _________ day of __________________, 2014.

 

(SEAL) _________________________________

MARILYN SANDERS

City Clerk, City of Kansas City, Missouri


Before me, a notary public, personally appeared Marilyn Sanders, 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 showing its boundaries.

Section 7. Strategic Plan. That the Council endorses the new Fire Department strategic plan which includes an integrated risk management plan, to provide the standards of cover to determine through a deployment analysis the best distribution and concentration of fixed and mobile resources, a fleet replacement plan and plans to address the fixed facilities needs of the Fire Department.

Section 8. Accelerated Effective Date. That this ordinance provides for the submission of a proposal to the people of Kansas City, Missouri, and is hereby recognized as an ordinance with an accelerated effective date as provided by Section 503(a)(3)(A) of the Charter of Kansas City, and as such shall become effective in accordance with that section.

_______________________________________________

Approved as to form and legality:

 

 

____________________________

Alan Holtkamp

Assistant City Attorney