Floor Substitute
August 15, 2011
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE submitting to the qualified voters of Jackson County, at a special election to be held on Tuesday, November 8, 2011, a question authorizing Jackson County to impose a countywide sales tax at the rate of one-eighth of one percent for the benefit of the Kansas City Zoological District for the support of zoological activities within the district.
Intro
ORDINANCE #4334, August 8, 2011
INTRODUCED BY James D. Tindall, Theresa Garza Ruiz, and Crystal Williams,
County Legislators
Body
WHEREAS, sections 184.500 et seq., RSMo Supp. 2010, authorized the creation of the Kansas City Zoological District and the imposition of county wide sales tax, in an amount not to exceed one-fourth of one percent, in Cass, Clay, Jackson, and Platte Counties, Missouri, for the support of zoological activities within the district, including the Kansas City Zoo; and,
WHEREAS, pursuant to state law, the creation of the district must be authorized by the voters of Jackson County, but the participation by Cass, Clay, and Platte Counties is optional, subject to the approval of each county's voters; and,
WHEREAS, under this Ordinance, the creation of the district, and the imposition of a sales tax at the rate of one-eighth of one percent, shall be effective upon the approval of the question by the voters of Jackson County, Missouri, at a special election to be held on November 8, 2011; and,
WHEREAS, Jackson County does not have sufficient budgeted funds available to cover the costs of this special election, estimated by the Jackson County Board of Election Commissioners at $400,000, and estimated by the Kansas City Board of Election Commissioners in a range from $175,000 to $400,000, depending on whether the City of Kansas City also submits a ballot measure at the same special election; and,
WHEREAS, the community proponents of this measure, including The Friends of the Zoo, Inc., have pledged that sufficient funds to cover these costs will be made available from other public and private sources by September 13, 2011; and,
WHEREAS, the community proponents have also pledged to negotiate and finalize a side letter agreement with the County to govern benefits for County residents at the zoo if the question is adopted, which shall include, but which shall not necessarily be limited to: Half-price general admission for all County residents; Free admission for County residents on certain days; and Fully-sponsored field trips for all schools located within Jackson County, including transportation; and a separate side letter agreement to govern minority participation in any construction contracts to be funded in whole or in part out of the proceeds of the sales tax; and,
WHEREAS, the submission of this question to the voters is in the best interests of the health, welfare, and safety of the citizens of Jackson County; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:
Section 1. Subject to the approval of the voters of Jackson County, at a special election to be held on November 8, 2011, the creation of the Kansas City Zoological District and the levy of a retail sales tax at the rate of one-eighth (1/8) of one percent (.125%) for the benefit of the district, is hereby authorized within and for Jackson County, Missouri.
Section 2. Pursuant to the provisions of section 184.503, RSMo Supp. 2010, there is hereby submitted to the qualified voters of Jackson County, Missouri, at a special election to be held on November 8, 2011, a question authorizing the creation of the Kansas City Zoological District and the imposition of a retail sales tax of one-eighth of one percent (1/8%), for the support of zoological activities within the district.
Section 3. The qualified voters at said election shall vote by ballot and the ballots to be used at said election shall contain the following language:
JACKSON COUNTY, MISSOURI
QUESTION NO. 1
SPECIAL ELECTION
NOVEMBER 8, 2011
OFFICIAL BALLOT
Shall a retail sales tax of one-eighth of one percent (1/8%) be levied and collected for the benefit of the Kansas City Zoological District, which shall be created and consist of the county of Jackson and the counties of Cass, Clay, and/or Platte, if approved by such other county's voters, for the support of zoological activities within the district?
YES G
NO G
If you are in favor of the question, place an Ax@ in the box opposite AYes.@ If you are opposed to the question, place an Ax@ in the box opposite ANo.@
Section 4. This Ordinance shall become effective upon approval of the question submitted by the voters of Jackson County at the special election on November 8, 2011. If the voters of Jackson do not approve the question at the November 8, 2011 election, then this Ordinance shall not take effect and shall be null and void.
Section 5. This Ordinance shall be published as required by law.
Section 6. The Clerk of the Legislature is hereby authorized and directed to notify the Jackson County Board of Election Commissioners and the Kansas City Board of Election Commissioners of the adoption of this Ordinance no later than August 30, 2011, by 5:00 p.m., and to include in said notification all the terms and provisions required by section 115.125, RSMo.
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
_____________________________ ____________________________
Chief Deputy County Counselor County Counselor
I hereby certify that the attached Ordinance, Ordinance #4334 introduced on August 8, 2011 was duly passed on August 15, 2011, by the Jackson County Legislature. The votes thereon were as follows:
Yeas ______9______ Nays _______0______
Abstaining ____0____ Absent _____0______
This Ordinance is hereby transmitted to the County Executive for his signature.
_____________________ _______________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance #4334.
____________________ ________________________________
Date Michael D. Sanders, County Executive