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Legislation #: 990200 Introduction Date: 2/18/1999
Type: Ordinance Effective Date: 3/21/1999
Sponsor: COUNCILMEMBER ZCLEAVER(OLD)
Title: Calling for submission to the qualified voters of Kansas City, at the general municipal election to be held on April 4, 2000, a question authorizing the Council of Kansas City to impose a fee not to exceed $2.50 per month per recipient dwelling unit for the purpose of providing funding for residential curbside recycling services; amending Article II, entitled "Collection by City", of Chapter 62 of the Code of Ordinances, entitled "Solid Waste", by adding one new Section 62-54, authorizing the establishment and operation of such residential curbside recycling service program, and declaring the effective date thereof; directing the City Clerk to notify the responsible election authorities of said election; and recognizing this ordinance to be an emergency measure.

Legislation History
DateMinutesDescription
2/18/1999

Prepare to Introduce

2/22/1999

Hold On Agenda

3/3/1999

Do Pass

3/4/1999

Assigned to Third Read Calendar

3/11/1999

Move To Hold On Docket

3/11/1999

Passed


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ORDINANCE NO. 990200

 

Calling for submission to the qualified voters of Kansas City, at the general municipal election to be held on April 4, 2000, a question authorizing the Council of Kansas City to impose a fee not to exceed $2.50 per month per recipient dwelling unit for the purpose of providing funding for residential curbside recycling services; amending Article II, entitled Collection by City, of Chapter 62 of the Code of Ordinances, entitled Solid Waste, by adding one new Section 62-54, authorizing the establishment and operation of such residential curbside recycling service program, and declaring the effective date thereof; directing the City Clerk to notify the responsible election authorities of said election; and recognizing this ordinance to be an emergency measure.

 

WHEREAS, the Missouri general municipal election will be held throughout the City on April 4, 2000; and

 

WHEREAS, Section 1(11) of the Charter of Kansas City, Missouri, authorizes the City to operate a curbside recycling services program for the benefit of the inhabitants of the City; and

 

WHEREAS, Article X, Section 22 of the Missouri Constitution (the Hancock Amendment) prohibits political subdivisions from levying any new tax, license or fee without the approval of a majority of the voters voting thereon; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That an election is hereby called for submitting to the voters of Kansas City the question of authorizing the Council to impose a fee not to exceed $2.50 per month per each dwelling unit receiving the service, for the purpose of providing funding for residential curbside recycling services for residences consisting of not more than two dwelling units. Such question shall be submitted to the voters at the primary election to be held on April 4, 2000.

 

Section 2. The notice of this election will 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 said City on Tuesday, April 4, 2000, between the hours of 6:00 a.m. and 7:00 p.m., CDT, 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, MISSOURI

 

QUESTION NO. ___

 

Shall the City of Kansas City be authorized to impose a fee not to exceed $2.50 per month per dwelling unit receiving services for the purpose of providing funding for residential curbside recycling services for residences consisting of not more than two dwelling units?

____ Yes

 

____ No

 

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

 

______________________________________________________________________

 

A full and complete copy of Ordinance No. 99____, 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, R.S.Mo., as amended.

 

Given under my hand and the official seal of the City of Kansas City, Missouri, this __________ day of ____________________, 1999.

 

(SEAL) ______________________________________

CATHERINE T. ROCHA

City Clerk of Kansas City, Missouri

 

Before me, a notary public, personally appeared Catherine T. Rocha, 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 3. If a majority of the qualified voters voting at said election shall vote in favor of the approval of the question, Article II, entitled Collection by City, of Chapter 62 of the Code of Ordinances, entitled Solid Waste, shall be amended by adding one new Section 62-54, entitled Residential Curbside Recycling, to become effective immediately upon certification of the election results by the election authorities, said section to read as follows:

 

Section 62-54. Residential curbside recycling

 

(a) The director is authorized to establish and operate a residential curbside recycling service program serving residences within the City consisting of not more than two dwelling units and make and promulgate reasonable and necessary rules and regulations to provide such services, governing, but not limited to:

 

(1) Schedules of and routes for collection of recyclable materials.

 

(2) Preparation and condition of materials placed in collection containers.

 

(3) What materials shall be collected and the disposition of such materials.

 

(4) Specifications for containers for recyclable materials, including the number, type, composition, equipment, size and shape thereof, and what containers and equipment shall be provided by the City and by the resident receiving the service.

 

(5) Identification of collection containers and of the covers thereof, and of equipment thereto appertaining, if any.

 

(6) Weight or volume limitations of collection containers and the contents thereof.

 

(7) Storage of recyclable materials in collection containers.

 

(8) Sanitation, maintenance and replacement of collection containers.

 

(9) Collection points of collection containers.

 

(10) Institution and maintenance of experimental and research projects within specified portions of the city for limited periods.

 

(b) A copy of any and all rules and regulations made and promulgated under the provisions of this section shall be filed in the office of the director.

 

(c) A fee shall be imposed for each residential dwelling unit receiving such residential curbside recycling services not to exceed $2.50 per month per dwelling unit beginning September 1, 2000, which fee shall be assessed and collected as determined from time to time by the director.

 

Section 4. That upon passage of this ordinance the City Clerk shall immediately 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 Clerk of the County commission of Cass County, Missouri.

 

Section 5. This ordinance, providing for the submission of a question to the people of Kansas City, Missouri, is recognized to be an emergency measure within the meaning of Article II, Section 15, of the Charter of said City, and as such shall become effective immediately upon its passage.

 

____________________________________________________

 

Approved as to form and legality:

 

 

________________________________

Assistant City Attorney