RESOLUTION NO. 021027

Providing for submission of an initiated ordinance imposing a one-half cent sales tax to be used to provide for a street car system, transit center, improvements to Penn Valley Park and for greenways at an election authorized and directed to be held on November 5, 2002, pursuant to the demand of a committee of petitioners made in accordance with Charter Section 427, and directing the City Clerk to provide to the election authorities copies of necessary information to give notice of this election.

WHEREAS, a committee of petitioners composed of Robert T. Schweiger, Karen Chastain, Doris Chastain, Sharon Ward, and Ora Oliver submitted initiative petitions to the City seeking the adoption of an ordinance; and

WHEREAS, City Charter Section 427 provides that if the City Council fails to pass the ordinance, or passes the ordinance in a different form, within 60 days after submission of the ordinance to the Council by the City Clerk, the committee of petitioners may demand the proposition be placed before the voters; and

WHEREAS, on August 15, 2002, the City Council considered the initiated legislation as Ordinance No. 021003, but failed to adopt the ordinance; and

WHEREAS, on August 20, 2002, the committee of petitioners invoked the provisions of City Charter Section 427 to require the submission of the ordinance to the voters, this action thus being certified in accordance with City Charter Section 428; and

WHEREAS, City Charter Section 428 requires placement of the proposition before the voters at the next available municipal or state election held not less than 30 days after the certification by the committee of petitioners for which the City can lawfully provide required notices to the election authorities without seeking a court order; and

WHEREAS, Section 115.125, Revised Statutes of Missouri, requires notification to election authorities of at least 10 weeks before an election, absent a court order; and

WHEREAS, the next municipal or state election is November 5, 2002, thus making the deadline for notification August 27, 2002; NOW, THEREFORE,

BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY:

Section 1. That in accordance with the dictates of City Charter Section 428 the City Clerk is directed to give notice to the election authorities for the City, those being the Board of Election Commissioners of Clay County, Board of Election Commissioners of Kansas City, Board of Election Commissioners of Platte County, and the Cass County Clerk, of the election called for by the initiated ordinance rejected by the City Council on August 15, 2002, by providing certified copies of this resolution and its Exhibit A, the certification of the committee of petitioners and the initiative petition, as authority for the respective election authorities of the City to conduct the election on November 5, 2002, provide the ballot labels and ballots therefore, give notice according to law and certify the election results.

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