ORDINANCE NO. 030822

Amending Article VIII, entitled City Sales Tax of Chapter 68 of the Code of General Ordinances of Kansas City, Missouri, as amended, entitled Taxation, by enacting a new section thereof, designated as Section 68-473, imposing a tax for general revenue purposes on all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail at the rate of one half percent (0.5%) per tax on the receipts from the sale at retail of all tangible personal property or taxable services at retail within said City, if such property and services are subject to taxation by the State of Missouri under the provisions of Sections 144.010 to 144.525, RSMo., pursuant to the authority granted by and subject to the provisions of Sections 94.600 to 94.655, RSMo., dedicating all of the proceeds of such tax to transportation purposes, improvements and maintenance subject to the provisions of Sections 644.032 to 644.033, RSMo., and providing for submission of this ordinance to the qualified voters of the City for their approval on the next available election date as may be provided by law.

WHEREAS, under the provisions of Sections 94.600 to 94.655 and 644.032 to 644.033, RSMo., the cities of the state are empowered to impose by ordinance, for general purposes, a tax for general revenue purposes on all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail at the rate of one-half of one percent (0.5%) per tax on the receipts from the sale of all tangible personal property or taxable services at retail within any city adopting such taxes, if such property and services are subject to taxation under the provisions of Sections 144.010 to 144.525, RSMo., and Kansas City, Missouri decides to avail itself of such authorization and within the terms thereof; and

WHEREAS, under the provisions of said Sections 94.600 to 94.655 and 644.032 to 644.033, RSMo., no ordinance enacted pursuant to the authority granted by the provisions of said sections 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 PEOPLE OF KANSAS CITY:

Section 1. That Article VIII, entitled City Sales Tax, of Chapter 68 of the Code of General Ordinances of Kansas City, Missouri, as amended, entitled Taxation, is hereby further amended by enacting one new section to be added thereto and to be known as Section 32.181.6, said sections to read as follows:

Section 32.181.6, Imposition of Tax. Pursuant to the authority granted by and subject to the provisions of Sections 94.600 to 94.655 and 644.032 to 644.033, RSMo., a tax for the benefit of the City 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 to 144.525, RSMo., and the rules and regulations of the director of revenue issued pursuant thereto. The rate of the tax shall be one-half percent (0.5%) on the receipts from the sale at retail of all tangible personal property or

taxable services at retail within Kansas City, Missouri, if such property and service are subject to taxation by the State of Missouri under the provisions of Sections 144.010 to 144.525, RSMo. The tax shall become effective according to Section 32.087, RSMo.

Section B. The sales tax proceeds shall be used for the sole purpose of funding the following transportation improvements to Kansas City:

1. Increase the level of bus service across the City by adding 50 (total) new electric and hybrid-electric buses to the existing bus fleet; and

2. Construct a Bus Rapid Transit System (BRT) from a Park & Ride lot at Barry Road to Downtown operating on or in the vicinity of the North Oak Trafficway and the Burlington Avenue Corridor; and

3. Construct a Central Corridor Electric Streetcar line from a Park & Ride lot at 75th Street to Downtown operating on or in the vicinity of Main Street and the Country Club Right of Way; and

4. Construct a Light Rail line from a Park & Ride lot at the Truman Sports Complex to the Central Corridor operating on or in the vicinity of Linwood Boulevard and the Rock Island Right of Way; and

5. Construct a Multi-Modal Regional Transit Hub at, or in the vicinity of, Union Station; and acquire property for Transit Stations, Rail Right of Ways and Park & Ride lots only; and to establish bicycle lanes, retire bond indebtedness; and secure state and federal matching funds?

Section C. An election is hereby called and shall be held in Kansas City, State of Missouri, on Tuesday, November 4, 2003, at which election this ordinance shall be submitted to qualified voters of Kansas City, Missouri, for their approval, as required by Section 94.510, RSMo. The ballot shall read as follows:

Shall the City of Kansas City, Missouri, impose a city sales tax at the rate of 1/2% for a period of 12 years with the proceeds dedicated to creating a progressive public transportation system that will increase mobility, reduce traffic congestion, improve air quality, and foster the development of a more economically viable, safer, and livable community via the following improvements (including operation and maintenance), all of which will be under the auspices of the City of Kansas City, Missouri and the Kansas City Area Transportation Authority (KCATA):

1. Increase the level of bus service across the City by adding 50 (total) new electric and hybrid-electric buses to the existing bus fleet; and

2. Construct a Bus Rapid Transit System (BRT) from a Park & Ride lot at Barry Road to Downtown operating on or in the vicinity of the North Oak Trafficway and the Burlington Avenue Corridor; and

3. Construct a Central Corridor Electric Streetcar line from a Park & Ride lot at 75th Street to Downtown operating on or in the vicinity of Main Street and the Country Club Right of Way; and

4. Construct a Light Rail line from a Park & Ride lot at the Truman Sports Complex to the Central Corridor operating on or in the vicinity of Linwood Boulevard and the Rock Island Right of Way; and

5. Construct a Multi-Modal Regional Transit Hub at, or in the vicinity of, Union Station; and acquire property for Transit Stations, Rail Right of Ways and Park & Ride lots only; and to establish bicycle lanes, retire bond indebtedness; and secure state and federal matching funds.

_______ Yes _______ No

The voter who decides in favor of said ordinance shall place a cross mark (x) in the space opposite the word, Yes, or in the case of the use of voting machines, shall pull the lever so as to place a cross mark (x) in the space opposite said word, or in the case of punch card voting devices, shall punch the card opposite said word. The voter who decides to vote against said ordinance shall place a cross mark (x) in the space opposite the said word, No, or in the case of the use of voting machines, shall pull the lever so as to place a cross mark (x) in the space opposite said word, or in the case of punch card voting devices, shall punch the card opposite said word.

Section D. If a majority of the qualified voters voting at said election shall vote in favor of the approval of the ordinance, then the same shall become binding and effective according to Section 32.087, RSMo.

Section E. The City Clerk shall deliver to the board of Election Commissioners of Kansas City, Missouri, to the Board of Commissioners of Clay County, Missouri, Cass County, Missouri and to the Board of Election Commissioners of Platte County, Missouri, each a certified copy of this ordinance which shall be the authority for said respective election authorities of the City to conduct said election, provide the ballot labels and ballots thereof, give notice thereof according to law and certify the results thereof.

Section F. Within ten (10) days after approval of this ordinance by the qualified voters of Kansas City, Missouri, the City Clerk shall forward to the Director of Revenue of the State of Missouri by United States registered mail, a certified copy of this ordinance together with certification of the election returns and accompanied by a map of the City clearly showing the boundaries thereof.

Section G. This ordinance, providing for the submission of a City sales tax 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 said City, and as such shall become effective immediately upon its passage.

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