ORDINANCE NO. 940126

Calling a special election for April 5, 1994, for the purpose of submitting to the voters a proposition of whether the City should affirm the decision to allow the licensing of excursion gambling boats to include any games of skill or chance authorized by the State of Missouri; directing the City Clerk to file this ordinance and election notice with all election authorities on or before February 8, 1994; and recognizing this as an emergency measure.

WHEREAS, the Missouri Supreme Court ruled in Harris v. Missouri Gaming Commission that certain gaming activities are, or may be, games of chance not authorized by the Missouri Constitution; and

WHEREAS, on April 5, 1994, the voters of the State of Missouri will decide whether to permit the authorization of games of skill or chance upon the Mississippi and Missouri Rivers; and

WHEREAS, the citizens of Kansas City have once approved the licensing of riverboat gambling operations; and

WHEREAS, to reinforce this prior approval and to remove any doubt that all games authorized by the State of Missouri are authorized for all licensed riverboat gambling operations within the City; NOW, THEREFORE

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That a special election is called for Tuesday, April 5, 1994, for the purpose of submitting to the qualified electors of Kansas City a proposition asking whether the City of Kansas City, Missouri shall affirm the decision to allow the licensing of excursion gambling boats to include any games of skill or chance authorized by the State of Missouri.

Section B. If a majority of the qualified voters voting at the election shall vote in favor of approval of the foregoing proposition, then it shall become effective immediately upon certification of the election results by the election authorities.

Section C. That upon passage of this ordinance the City Clerk shall immediately deliver certified copies of this ordinance and notice of election to:

Board of Election Commissioners of Kansas City, Missouri Board of Election Commissioners of Clay County, Missouri Board of Election Commissioners of Platte County, Missouri Clerk of the County Commission of Cass County, Missouri

This ordinance and notice of election shall be the authority of the respective election authorities of the City to submit the proposition to the electors of Kansas City as provided and to give public notice as provided by law.

Section D. The notice of special election shall read as follows: __________________________________________________________________ __________________________________________________________________

NOTICE OF SPECIAL ELECTION

CITY OF KANSAS CITY, MISSOURI

Notice is hereby given that the City of Kansas City has called a special election to be held in said City on Tuesday, April 5, 1994, 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 SPECIAL ELECTION - APRIL 5, 1994

PROPOSITION NO. 1

Shall the City of Kansas City allow the licensing of excursion gambling boats in the city?

_____ Yes

_____ No

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

A full and complete copy of Ordinance No. 940______, as amended, submitting the above proposition 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, R.S.Mo., as amended.

Given under my hand and the official seal of the City of Kansas City, Missouri, this __________day of February, 1994.

(SEAL)

____________________________________

CATHERINE T. ROCHA City Clerk of the

City of Kansas City, Missouri

Before me a notary public personally appeared Catherine T. Rocha, 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 E. If the amendment to the Constitution of the State of Missouri authorizing games of skill or chance upon the Mississippi and Missouri Rivers is not approved by the voters of the State of Missouri on April 5, 1994, rejection of such amendment shall have no effect on prior approval granted by electors of the City of Kansas City on February 2, 1993.

Section F. This ordinance, providing for the submission of a proposition 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.

_________________________________________

Approved as to form and legality:

____________________________________

Acting City Attorney