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Legislation #: 030920 Introduction Date: 8/14/2003
Type: Ordinance Effective Date: 10/19/2003
Sponsor: COUNCILMEMBER COOPER
Title: Amending Chapter 2, Code of Ordinances, by repealing Section 2-50, Approval of resolution and ordinance drafts, and enacting in lieu thereof one new section of like number and subject matter adding a section on fiscal notes.

Legislation History
DateMinutesDescription
8/13/2003

Prepare to Introduce

8/14/2003

Referred Finance Committee

8/27/2003

Hold On Agenda

9/10/2003

Hold On Agenda

9/24/2003

Hold On Agenda

10/1/2003

Hold On Agenda

10/8/2003

Advance and Do Pass

10/9/2003

Passed


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ORDINANCE NO. 030920

 

Amending Chapter 2, Code of Ordinances, by repealing Section 2-50, Approval of resolution and ordinance drafts, and enacting in lieu thereof one new section of like number and subject matter adding a section on fiscal notes.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 2, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 2-50, Approval of resolution and ordinance drafts, and enacting in lieu thereof one new section of like number and subject matter, to read as follows:

 

Sec. 2-50. Approval of resolution and ordinance drafts; fiscal notes.

 

(a) Approval by requestor. No ordinance or resolution initiated and prepared on the request of the mayor or any member of the city council shall be docketed for council action, unless such requesting official shall have indicated in writing that the official approves such resolution or ordinance as drafted, or that the officials approval of the resolution or ordinance is waived.

 

(b) Fiscal notes.

 

(1) A proposed ordinance or resolution shall prior to introduction be accompanied by a fiscal note if such ordinance or resolution authorizes any of the following:

 

a. An expansion of services which entails additional costs beyond that approved in the current adopted city budget;

 

b. An undertaking of a new service for which no funding is provided in the current adopted city budget;

 

c. A commitment of city funding in the future under certain specified conditions;

 

d. An issuance of bonds, notes and lease-purchase agreements which may require additional funding beyond that approved in the current adopted city budget;

 

e. An execution or initiation of an activity as a result of federal or state mandates or requirements;

 

f. A capital improvement project that increases operating costs over the current adopted city budget; or,

 

g. A capital improvement project that requires funding not approved in the


current adopted budget or that will require funding in future years.

 

(2) The purpose of the fiscal note shall be to allow a councilmember a brief review of the fiscal impact of the proposed ordinance or resolution under consideration. A fiscal note shall be a brief informational document, separate from any fact sheet or other document, conveying the estimated fiscal impact of the proposed ordinance or resolution on the city.

 

(3) Estimated fiscal impact shall mean the following:

 

a. The estimated expenditures by the city resulting from the proposed ordinance or resolution for the current and next subsequent fiscal year;

 

b. Whether the proposed ordinance or resolution is estimated to have a direct fiscal impact on any city department or office;

 

c. Whether the proposed ordinance or resolution creates a program or administrative subdivision that significantly duplicates an already existing program or administrative subdivision;

 

d. Whether the proposed ordinance or resolution is estimated to require the construction of any new physical facilities;

 

e. The amount of non-city funds that may be received in the current and next subsequent fiscal year to fund the proposed ordinance or resolution;

 

f. A description of the annual operating, equipment and maintenance costs resulting from the proposed ordinance or resolution; and,

 

g. Any additional information as may be deemed necessary or desirable by the City Manager.

 

(4) The city managers office of management and budget shall be responsible for the preparation of all fiscal notes and such fiscal notes shall be in a form of their design. City departments and offices shall cooperate in providing any information necessary for the preparation of a fiscal note.

 

(5) The sponsor of a proposed ordinance or resolution shall forward the proposed ordinance or resolution to the office of management and budget for preparation of a fiscal note and following such preparation the fiscal note shall be forwarded to the sponsor. Following the sponsors receipt of a fiscal note for a proposed ordinance or resolution, if any substantive changes are made to the proposed ordinance or resolution which would alter the estimated fiscal impact in the fiscal note then the party making such substantive changes to such proposed ordinance or resolution shall request a new fiscal note. If substantive changes are made to a proposed ordinance or resolution, following the preparation of a fiscal note, which would alter the estimated fiscal impact in the fiscal note and the substantive changes are made following consideration by a council committee, then a new fiscal note shall be prepared prior to consideration by the full council.

 

(6) The city clerk shall not assign a legislative control number to a proposed ordinance or resolution requiring a fiscal note pursuant to this section unless a fiscal note is attached to such proposed ordinance or resolution. A fiscal note shall be inserted with the proposed ordinance or resolution by the city clerk in city council legislative binders.

 

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Approved as to form and legality:

 

 

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Assistant City Attorney