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Legislation #: 160500 Introduction Date: 7/7/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Calling an election on November 8, 2016, for the purpose of submitting to the voters of Kansas City a question presented by a committee of petitioners through an initiative petition enacting three sales taxes totaling three-quarters cent for 25 years each for the construction of a light rail system, including a fleet of electric buses; enacting the sales tax ordinance contingent upon voter approval; directing the City Clerk to notify the responsible election authorities on or before August 30, 2016; and recognizing this ordinance as having an accelerated effective date because it calls an election.

Legislation History
DateMinutesDescription
7/5/2016 Filed by the Clerk's office
7/7/2016 Referred to Finance and Governance Committee
7/13/2016 Hold On Agenda (7/20/2016)
7/20/2016 Do Pass as a Committee Substitute
7/21/2016 Assigned Third Read Calendar as Substituted
7/28/2016 Passed

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160500.pdf Authenticated 368K Authenticated
160500 Sub Color Compared.pdf Compared Version 224K 160500 Color Compared Version
160500 Fact Sheet.pdf Fact Sheet 231K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 160500

 

Calling an election on November 8, 2016, for the purpose of submitting to the voters of Kansas City a question presented by a committee of petitioners through an initiative petition enacting three sales taxes totaling three-quarters cent for 25 years each for the construction of a light rail system, including a fleet of electric buses; enacting the sales tax ordinance contingent upon voter approval; directing the City Clerk to notify the responsible election authorities on or before August 30, 2016; and recognizing this ordinance as having an accelerated effective date because it calls an election.

 

WHEREAS, a committee of petitioners submitted an initiative petition seeking the adoption of three sales taxes for the purpose of building a light rail system; and

 

WHEREAS, sufficient signatures were collected to engage the City Charter initiative process; and

 

WHEREAS, to qualify for the November 8, 2016, ballot, notice must be provided to the election authorities on or before August 30, 2016; and

 

WHEREAS, passage of the proposed sales taxes would preclude the continuation of the current 3/8ȼ sales tax imposed to support the Kansas City Area Transportation Area Authority; and

 

WHEREAS, the impossibility of completion of the promised light rail system, even without regard to the maintenance and operation costs of such system or the cost of borrowing to finance the construction of the system are matters unlikely to be reviewed by the courts prior to the election; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. ELECTION CALLED. That an election is called on November 8, 2016, for the purpose of submitting to the voters of Kansas City the question of enacting three sales taxes for the construction of a light rail system, including a fleet of electric buses.

 

Section 2. NOTICE TO ELECTION AUTHORITIES BY CITY CLERK. That following passage of this ordinance the City Clerk shall deliver certified copies of this ordinance and notice of election to the Clerk of Cass County, Board of Election Commissioners of Clay County, Board of Election Commissioners of Kansas City, and Board of Election Commissioners of Platte County, on and not before August 30, 2016, which shall be the authority of each election authority of the City to submit the questions to the electors of Kansas City and to give public notice as provided by law.

 

Section 3. NOTICE OF ELECTION. The notice of election shall read as follows:

 

NOTICE OF ELECTION
KANSAS CITY, MISSOURI

 

Notice is hereby given that the City of Kansas City has called a special election to be held on Tuesday, November 8, 2016, between the hours of 6:00 a.m. and 7:00 p.m., at which election all qualified voters residing within 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, NOVEMBER 8, 2016

 

QUESTION NO. _____

(Light Rail Sales Taxes)

 

Shall the City of Kansas City enact the following three sales taxes:

 

(a)                a new 1/8ȼ sales tax for 25 years beginning April 1, 2017, pursuant to sections 94.600 through 94.655, Revised Statutes of Missouri, the transportation sales tax; and

 

(b)               a shifting of the current 3/8ȼ sales tax currently devoted to the KCATA, for 25 years beginning April 1, 2024, pursuant to sections 94.600 through 94.655, Revised Statutes of Missouri, the transportation sales tax; and

 

(c)                a new 1/4ȼ sales tax for 25 years beginning April 1, 2017, pursuant to sections 94.575 through 94.577, Revised Statutes of Missouri, the capital improvements sales tax,

 

with the proceeds of said taxes and any other additional funds, which may include federal matching funds, to be used for the purpose of funding, or funding as much of as is possible, the construction, operation and maintenance of a citywide light rail transit system (rapid electric trains operating in their own right-of-way separated from traffic) to include a north/south line operating from Kansas City International Airport to the Cerner Campus at Bannister with scheduled stops at Twin Creeks, Vivion Road, North Kansas City, Downtown, Union Station, the Plaza, Brookside, and the Kansas City Zoo; and including an east/west line operating from Union Station to the Jackson County Sports Complex (utilizing Linwood Boulevard and the Rock Island Rail right-of-way) with scheduled stops at Troost Avenue and Prospect Avenue (to connect to the city's Bus Rapid Transit (BRT) system), and also including a fleet of electric mini-buses (to transport passengers to and from light rail stations) with all station stops at or near designated locations and with the light rail system utilizing, where possible, city parkland, medians of city boulevards, and existing rail right-of-ways, and including necessary bridges and other infrastructure?

 

_____ YES

 

_____ NO

 

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

 

A full and complete copy of this ordinance (as it may be amended) submitting the above questions 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, as amended.

 

Given under my hand and the official seal of the City of Kansas City, Missouri, this _____ day of ______________, 2016.

 

 

(SEAL) ____________________________________

MARILYN SANDERS

City Clerk of Kansas City, Missouri

 

Before me, a notary public, personally appeared Marilyn Sanders, 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 4. BALLOT TITLE. The ballot title for this measure shall be:

 

QUESTION NO. _____

(Light Rail Sales Taxes)

 

Shall the City of Kansas City enact the following three sales taxes:

 

(a)                a new 1/8ȼ sales tax for 25 years beginning April 1, 2017, pursuant to sections 94.600 through 94.655, Revised Statutes of Missouri, the transportation sales tax; and

 

(b)               a shifting of the current 3/8ȼ sales tax currently devoted to the KCATA, for 25 years beginning April 1, 2024, pursuant to sections 94.600 through 94.655, Revised Statutes of Missouri, the transportation sales tax; and

 

(c)                a new 1/4ȼ sales tax for 25 years beginning April 1, 2017, pursuant to sections 94.575 through 94.577, Revised Statutes of Missouri, the capital improvements sales tax,

 

with the proceeds of said taxes and any other additional funds, which may include federal matching funds, to be used for the purpose of funding, or funding as much of as is possible, the construction, operation and maintenance of a citywide light rail transit system (rapid electric trains operating in their own right-of-way separated from traffic) to include a north/south line operating from Kansas City International Airport to the Cerner Campus at Bannister with scheduled stops at Twin Creeks, Vivion Road, North Kansas City, Downtown, Union Station, the Plaza, Brookside, and the Kansas City Zoo; and including an east/west line operating from Union Station to the Jackson County Sports Complex (utilizing Linwood Boulevard and the Rock Island Rail right-of-way) with scheduled stops at Troost Avenue and Prospect Avenue (to connect to the city's Bus Rapid Transit (BRT) system), and also including a fleet of electric mini-buses (to transport passengers to and from light rail stations) with all station stops at or near designated locations and with the light rail system utilizing, where possible, city parkland, medians of city boulevards, and existing rail right-of-ways, and including necessary bridges and other infrastructure?

 

_____ YES

 

_____ NO

 


 

Section 5. ENACTMENT OF THE SALES TAXES. That a new section 68-449, Code of Ordinances, entitled “Light rail sales taxes (2016),” is enacted, contingent upon approval of the voters at an election to be held on November 8, 2016, to read as follows:

 

Sec. 68-449. Light rail sales taxes (2016).

 

(a) Imposition of sales tax one. Pursuant to the authority by and subject to the provisions of Section 94.600 through 94.655, RSMo., a new tax for the benefit of the city is hereby imposed upon all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail to the extent and in the manner provided in section 144.010 through section 144.525, RSMo., and the rules and regulations of the Director of Revenue issued pursuant thereto. The rate of the new tax shall be 1/8 percent on the receipts from the sale at retail of all tangible personal property or taxable services at retail within the city, if such property and such services are subject to taxation by the state under the provisions of section 144.001 through section 144.525, RSMo. The tax shall become effective April 1, 2017, and collected for a period of 25-years, unless sooner terminated, and shall be collected as provided in section 94.600 through section 94.655, RSMo.

 

(b) Imposition of sales tax two. Pursuant to the authority by and subject to the provisions of Section 94.600 through 94.655, RSMo., a new tax for the benefit of the city is hereby imposed upon all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail to the extent and in the manner provided in section 144.010 through section 144.525, RSMo., and the rules and regulations of the Director of Revenue issued pursuant thereto. The rate of the new tax and the extension and repurposing of an existing tax shall be 3/8 percent on the receipts from the sale at retail of all tangible personal property or taxable services at retail within the city, if such property and such services are subject to taxation by the state under the provisions of section 144.001 through section 144.525, RSMo. The tax shall become effective April 1, 2024 and collected for a period of 25-years, unless sooner terminated, and shall be collected as provided in section 94.600 through section 94.655, RSMo.

 

(c) Imposition of sales tax three. Pursuant to the authority by and subject to the provisions of Section 94.575 through 94.577, RSMo., a new tax for the benefit of the city is hereby imposed upon al sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail to the extent and in the manner provided in section 144.010 through section 144.525, RSMo., and the rules and regulations of the Director of Revenue issued pursuant thereto. The rate of the new tax and the extension and repurposing of an existing tax shall be 1/8 percent on the receipts from the sale at retail of all tangible personal property or taxable services at retail within the city, if such property and such services are subject to taxation by the state under the provisions of section 144.001 through section 144.525, RSMo. The tax shall become effective April 1, 2017, and collected for a period of 25-years, unless sooner terminated, and shall be collected as provided in section 94.575 through section 94.577, RSMo.

 

(d) The city shall use the tax proceeds to fund, or fund as much as possible of, the implementation and on-going operation and maintenance of the following integrated improvements to the city’s public transportation infrastructure with light rail station stops at or near designated locations, and light rail utilizing, where possible, park property and existing right-of-ways, all within the city limits of Kansas City, Missouri and, if possible, within any state or municipal road located within another municipality that a rail line would have to pass through: (1) Light rail spine connecting northland to southland operating from Kansas City International Airport to the Cerner Campus at Bannister with 8 additional stops at: Twin Creeks neighborhood, Vivion Road, North Kansas City, Downtown’s Sprint Arena / Power & Light District, Union Station, Plaza / UMKC, Brookside neighborhood, and the KC Zoo / Starlight Theater / Soccer Village complex in Swope Park; and (2) Light rail spur (adjoins light rail spline) connecting eastside to westside operating from Union Station to Arrowhead Stadium following Linwood Blvd. and the Rock Island Rail right-of-way with 2 additional stops (connects to the city’s Bus Rapid Transit System) at Troost and Prospect Avenue; and (3) electric bus fleet (quick and quiet mini-bus circulators) working in tandem with light rail to expand the service area around rail stations to nearby job centers, destinations, and neighborhoods.

 

(e) Nothing herein shall be construed to instruct or compel the City of Kansas City to expend funds in excess of revenues generated hereby. In the event revenue generated hereby is insufficient to complete all improvements and routes the City is instructed to complete as much as feasible with priority being given to connections with existing or previously planned public transportation routes.

 

(f) The City Manager is hereby authorized and directed to take all steps necessary and incidental to the completion of the express purpose of this Ordinance including, but not limited to developing detailed plans, negotiating necessary right of ways, issuing revenue bonds and entering into necessary contracts. The City Manager, furthermore, is expressly authorized to apply for federal matching funds.

 

Section 6. ACCELERATED EFFECTIVE DATE RECOGNIZED. This ordinance, providing for the submission of a question to the people of Kansas City, Missouri, is recognized as an ordinance with an accelerated effective date as provided by Section 503(a)(3)(A) of the City Charter, and shall take effect in accordance with Section 503.

 

____________________________________________

 

Approved as to form:

 

_________________________

William Geary

City Attorney