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Legislation #: 140036 Introduction Date: 1/9/2014
Type: Ordinance Effective Date: none
Sponsor: MAYOR JAMES, JR.
Title: Providing for submission to the qualified voters of the City for their approval at an election called for Tuesday, April 8, 2014, the question of authorizing the issuance and sale of negotiable interest bearing waterworks revenue bonds of the City in the principal amount of $500,000,000.00 for the purpose of improving and extending the waterworks system of the City; authorizing the City to reimburse itself for improvements and extensions to the waterworks system; directing the City Clerk to notify the responsible election authorities of this election; recognizing this ordinance to be an emergency measure; and declaring the effective date of the authorization.

Legislation History
DateMinutesDescription
1/9/2014 Filed by the Clerk's office
1/9/2014 Referred to Finance, Governance & Ethics Committee
1/15/2014 Do Pass as a Committee Substitute
1/16/2014 Assigned Third Read Calendar as Substituted
1/23/2014 Councilmember Marcason (Second by Circo) Move to Amend
1/23/2014 Passed as Substituted and Amended

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140036, AS AMENDED

Providing for submission to the qualified voters of the City for their approval at an election called for Tuesday, April 8, 2014, the question of authorizing the issuance and sale of negotiable interest bearing waterworks revenue bonds of the City in the principal amount of $500,000,000.00 for the purpose of improving and extending the waterworks system of the City; authorizing the City to reimburse itself for improvements and extensions to the waterworks system; directing the City Clerk to notify the responsible election authorities of this election; recognizing this ordinance to be an emergency measure; and declaring the effective date of the authorization.

WHEREAS, a special election may be held throughout Kansas City on April 8, 2014; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Election called. An election is hereby called and shall be held in Kansas City, Missouri, on Tuesday, April, 8 2014, at which election there shall be submitted to the qualified electors of Kansas City, Missouri, the question of authorizing the issuance and sale of negotiable interest bearing waterworks revenue bonds by the City in the principal amount of $500,000,000.00 for the purpose of extending and improving the waterworks system of the City.

Section 2. Ballot language. The ballot language shall be in substantially the following form:

QUESTION _____

SHALL THE FOLLOWING BE APPROVED?

Shall the City of Kansas City, Missouri issue and sell waterworks revenue bonds in the principal amount of $500,000,000.00 for the purpose of extending and improving the waterworks system of the City including, but not limited to (1) the continued expansion of the water distribution system, (2) replacement of water mains, (3) rehabilitation and expansion of water treatment plants, pump stations, and other water facility improvements, (4) ensuring a reliable water supply to include intake modifications and/or supplemental ground water supplies, and (5) protecting and safeguarding the waterworks system, with the principal and interest of said bonds to be payable solely from the revenues derived by the City from the operation of its waterworks system, including all future improvements and expansions thereto?

_____ Yes

_____ No

The voter who desires to vote in favor of this proposition shall place an X in the box opposite Yes. The voter who desires to vote against this proposition shall place an X in the box opposite No.

Section 3. Delivery of Ordinance by City Clerk to Election Authorities. The City 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, Missouri, to the Board of Election Commissioners of Platte County, Missouri, and to the County Clerk of Cass County, Missouri, which shall be the authority of the respective election authorities of the City to submit the question to the electors of Kansas City as herein provided and to give public notice thereof as provided by law.

 Section 4. 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 the City on Tuesday, April 8, 2014, between the hours of 6:00 a.m. and 7:00 p.m. C.D.T., 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:

_____________________________________________

QUESTION _____

SHALL THE FOLLOWING BE APPROVED?

Shall the City of Kansas City, Missouri issue and sell waterworks revenue bonds in the principal amount of $500,000,000.00 for the purpose of extending and improving the waterworks system of the City including, but not limited to (1) the continued expansion of the water distribution system, (2) replacement of water mains, (3) rehabilitation and expansion of water treatment plants, pump stations, and other water facility improvements, (4) ensuring a reliable water supply to include intake modifications and/or supplemental ground water supplies, and (5) protecting and safeguarding the waterworks system, with the principal and interest of said bonds to be payable solely from the revenues derived by the City from the operation of its waterworks system, including all future improvements and expansions thereto?

_____ Yes

_____ No

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

_____________________________________________

A full and complete copy of Committee Substitute for Ordinance No. 140036, submitting the above question 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, RSMo.

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 5. That the Council states its intention to structure the issuance of the bonds so as to minimize the impact on ratepayers, while continuing to make necessary extensions and improvements to the waterworks system.

Section 6. The City has made and expects to make expenditures on and after the date of passage of this Ordinance in connection with the improvements and extensions to the waterworks system of the City (the "Project"), and the City intends to reimburse itself for such expenditures with the proceeds of the waterworks revenue bonds. The maximum principal amount of waterworks revenue bonds expected to be issued for the Project is $500,000,000.

Section 7. Emergency. This ordinance, calling for an election and providing for the submission of a question to the people of Kansas City, Missouri, is hereby recognized to be an emergency measure within the meaning of Section 503(a)(3)(A) of the Charter because it calls an election and provides for the submission of proposals to the people, and as such shall become effective upon approval by the Mayor or after five days of its passage if no action is taken by the Mayor to approve or veto this ordinance, whichever is earlier.

Section 8. If a majority of the qualified voters voting at said election shall vote in favor of the question, then the authority of the Council to sell said waterworks revenue bonds shall become effective immediately upon certification of the election results by the election authorities.

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Sarah Baxter

Assistant City Attorney