Download city of shawnee ordinance no. 3086 an ordinance calling for a

CITY OF SHAWNEE
ORDINANCE NO. 3086
AN ORDINANCE CALLING FOR A SPECIAL ELECTION TO BE HELD ON MAY 13,
2014, FOR THE PURPOSE OF VOTING ON A PROPOSITION TO AUTHORIZE THE
CITY OF SHAWNEE, KANSAS, TO CONTINUE TO LEVY A SPECIAL PURPOSE
CITYWIDE RETAILERS’ SALES TAX OF ONE-EIGHTH OF ONE PERCENT (0.125%)
WITH APPROXIMATELY ONE-HALF OF THE REVENUE THEREFROM PLEDGED
TO BE USED FOR ACQUIRING AND/OR IMPROVING LAND FOR PARK OR
RECREATION PURPOSES AND APPROXIMATELY ONE-HALF FOR STORM
DRAINAGE IMPROVEMENTS, INCLUDING REPAYMENT OF BONDS ISSUED FOR
THOSE PURPOSES, SUCH TAX TO TAKE EFFECT ON JANUARY 1, 2016, THE DAY
FOLLOWING THE EXPIRATION OF THE EXISTING SALES TAX FOR THE SAME
PURPOSES, AND ENDING ON DECEMBER 31, 2025.
WHEREAS, K.S.A. 12-187 et seq., as amended, authorizes cities to submit to the
qualified electors of the City the question of levying a Special Purpose Retailers’ Sales
Tax to be collected by the Kansas Department of Revenue with revenue therefrom
returned to the City ; and
WHEREAS, pursuant to Ordinance No. 2754, passed on January 24, 2005, as
approved by a majority of the electors voting in an election held on the 2nd day of
November, 2004, the City levies a Special Purpose Retailers' Sales Tax in the amount
of one-eighth of one percent (0.125%), with approximately one-half of the revenue
therefrom pledged for use for acquiring and/or improving land for park or recreation
purposes and approximately one-half for storm drainage improvements including
repayment of bonds issued for those purposes, said tax currently to expire on
December 31, 2015; and
WHEREAS, the Governing Body of the City of Shawnee has determined the
continuation of the Special Purpose Retailers ' Sales Tax in the amount of one-eighth of
one percent (0.125%), with approximately one-half of the revenue therefrom pledged for
use for acquiring and/or improving land for park or recreation purposes and
approximately one-half for storm drainage improvements including repayment of bonds
issued for those purposes, is necessary for such purposes, and has determined it is in
the best interests of the City to call for an election for authorization to continue to levy
such a tax; and,
WHEREAS, the Governing Body has determined it is in the best interests of the City to
call for an election for authorization to levy the described Special Purpose Citywide
Retailers’ Sales Tax.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SHAWNEE,
KANSAS:
PARAGRAPH ONE:
An election is hereby called to be held in the manner prescribed by law on the 13th day
of May, 2014 for the purpose of submitting to the qualified electors of the City of
Shawnee, Kansas, a special question regarding Special Purpose Retailers' Sales Taxes
as set out in Paragraph Two hereof, in accordance with K.S.A. 12-187, regarding
Retailers' Sales Taxes, and all other provisions of law.
Such Special Purpose Retailers' Sales Tax shall be in addition to the ongoing one
percent (1%) City Retailers’ Sales Tax and the one-eighth of one percent (0.125%)
Public Safety Special Purpose Retailers' Sales Taxes currently levied.
PARAGRAPH TWO:
At the election, the following special question shall be submitted:
Shall the following be adopted?
Shall the City of Shawnee Kansas be authorized to continue to levy a Special Purpose
Citywide Retailers’ Sales Tax of one-eighth of one percent (0.125%) with approximately
one-half of the revenue therefrom pledged to be used for acquiring and/or improving
land for park or recreation purposes and approximately one-half for storm drainage
improvements, including repayment of bonds issued for those purposes, such tax to
take effect on January 1, 2016, the day following the expiration of the existing sales tax
for the same purposes, and end on December 31, 2025?
PARAGRAPH THREE:
If approved by a majority of the electors voting thereon, such tax shall be subject to all
applicable state laws and administrative rules and regulations of the Kansas
Department of Revenue. The services of the Kansas Department of Revenue shall be
utilized to administer, enforce and collect such tax.
PARAGRAPH FOUR:
The election is requested to be conducted as a Special Mail Ballot Election by the
Johnson County Election Commissioner in accordance with the Mail Ballot Election Act,
K.S.A. 25-431 et seq., with notice published in accordance with K.S.A. 12-187 et seq.,
and K.S.A. 10-120, et seq., as required by law.
PARAGRAPH FIVE:
This Ordinance shall take effect and be in force from and after its passage and
publication as provided by law.
PARAGRAPH SIX:
Upon publication of this Ordinance, the City Clerk is hereby directed to deliver a certified
copy of this Ordinance to the Johnson County Election Commissioner.
PASSED by the Governing Body this 10th day of February, 2014.
APPROVED AND SIGNED by the Mayor this 10th day of February, 2014.
__________________________
Jeff Meyers, Mayor
ATTEST:
_________________________
Vicki Charlesworth, City Clerk
APPROVED AS TO FORM:
_________________________
Marvin E. Rainey, City Attorney
I hereby certify that the foregoing is the original ordinance; that said ordinance was
passed on the 10th day of February, 2014; and that the record of the final vote on its
passage is found on page ________ of Journal No.__.
_________________________
Vicki Charlesworth, City Clerk