HomeMy WebLinkAboutOrd.4806.01-04-16 BILL NO. 15-227 ORDINANCE NO. q(a4111)
AN ORDINANCE CALLING AN ELECTION IN THE CITY OF CAPE
GIRARDEAU, MISSOURI, ON THE QUESTION OF WHETHER TO
CONTINUE APPLICATION AND COLLECTION OF THE LOCAL SALES
TAX ON THE TITLING OF MOTOR VEHICLES, TRAILERS, BOATS,
AND OUTBOARD MOTORS THAT WERE PURCHASED FROM A SOURCE
OTHER THAN A LICENSED MISSOURI DEALER; DESIGNATING THE
TIME OF HOLDING THE ELECTION; AUTHORIZING AND
DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE
ELECTION
WHEREAS, the City has not previously approved and imposed a
local use tax under Section 144 . 757 RSMo; and
WHEREAS, the City is required under the provisions of
Section 32 . 087 RSMo to submit to the qualified voters of the
City the question of whether to continue or repeal the
application of the local sales tax to the titling of motor
vehicles, trailers, boats, and outboard motors that were
purchased from a source other than a licensed Missouri dealer;
and
WHEREAS, the City is required to submit the question to its
voters no later than the general election in November 2016;
WHEREAS, a fair and sound tax policy would require the same
tax rate be charged on purchases made from businesses located
outside Missouri as are charged by businesses in Cape Girardeau,
Missouri, eliminating a competitive advantage of out-of-state
businesses; and
WHEREAS, maintaining a local sales tax will continue the
policy of eliminating an advantage out-of-state dealerships
enjoy over local dealerships.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS :
SECTION 1 . Pursuant to the provisions of Section 32 . 087
RSMo, the City Council has determined that it would be
appropriate to submit the determination of the issue of whether
to continue or repeal application of the local sales tax to the
titling of motor vehicles, trailers, boats, and outboard motors
that are subject to state sales tax under section 144 . 020 and
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purchased from a source other than a licensed Missouri dealer to
the voters .
SECTION 2 . This proposition shall be submitted to the
qualified voters of the City of Cape Girardeau, Missouri, for
their approval, as required by the provisions of Section 32 . 087
RSMo, at the election hereby called and to be held in the City
on Tuesday, the 5th day of April, 2016.
SECTION 3 . Said tax shall continue to be effective as
provided by law upon approval thereof by a majority of the votes
cast on the proposition by the qualified voters of the City
voting thereon.
SECTION 4 . A special election is hereby ordered to be held
in the City of Cape Girardeau, Missouri, on Tuesday, April 5,
2016, on the following question:
QUESTION
Shall the City of Cape Girardeau, Missouri,
continue applying and collecting the local sales tax
on the titling of motor vehicles, trailers, boats, and
outboard motors that were purchased from a source
other than a licensed Missouri dealer? Rejection of
this measure will result in a reduction of local
revenue to provide for vital services for the City of
Cape Girardeau, Missouri, and it will place Missouri
dealers of motor vehicles, outboard motors, boats, and
trailers at a competitive disadvantage to non-Missouri
dealers of motor vehicles, outboard motors, boats, and
trailers .
SECTION 5 . The form of the Notice of Election for said
election, a copy of which is hereby attached hereto and made a
part hereof, is hereby approved.
SECTION 6. The City Clerk is hereby authorized and directed
to notify the County Clerk of Cape Girardeau County, Missouri,
of the passage of this ordinance no later than 5 : 00 o' clock P.M.
on Tuesday, January 26, 2016, and to include in said
notification all of the terms and provisions required by Chapter
115 of the Revised Statutes of Missouri, as amended.
SECTION 7 . Within 10 days after the approval of this
proposition by the qualified voters of Cape Girardeau, Missouri,
the City Clerk shall forward to the Director of Revenue of the
State of Missouri by United States registered mail or certified
mail, a certified copy of this ordinance together with
certifications of the election returns and accompanied by a map
of the City clearly showing the boundaries thereof.
SECTION 8 . This Ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS44) DAY OF 4 ` 1' 2010.
(734"AI
itiFA-14-4-°.j./
Harry E. Rediger, Mayor
ATTEST:
I7' / CfSx,i
. , :- . . City Clerk 441" f
1 1,04
J Tit E UNION*
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NOTICE OF ELECTION
CITY OF CAPE GIRARDEAU, MISSOURI
Notice is hereby given to the qualified voters of the
City of Cape Girardeau, Missouri, that the City Council of the
City of Cape Girardeau has called an election to be held in the
City of Cape Girardeau on April 5, 2016, commencing at 6: 00
o' clock A.M. and closing a 7 : 00 o' clock P.M. , on the question
contained in the following sample ballot:
OFFICIAL BALLOT
SPECIAL ELECTION
CITY OF CAPE GIRARDEAU, MISSOURI
April 5, 2016
QUESTION
Shall the City of Cape Girardeau, Missouri,
continue applying and collecting the local sales tax
on the titling of motor vehicles, trailers, boats, and
outboard motors that were purchased from a source
other than a licensed Missouri dealer? Rejection of
this measure will result in a reduction of local
revenue to provide for vital services for the City of
Cape Girardeau, Missouri, and it will place Missouri
dealers of motor vehicles, outboard motors, boats, and
trailers at a competitive disadvantage to non-Missouri
dealers of motor vehicles, outboard motors, boats, and
trailers.
[ ] YES
[ ] NO
INSTRUCTIONS TO VOTERS: If you are in favor of
the question, place an "X" in the box opposite "YES".
If you are opposed to the question, place an "X" in
the box opposite "NO".
The election will be held at the following polling
places in the City:
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PRECINCT POLLING PLACE
Dated this day of , 20
Kara Clark-Summers, Clerk of the County
Commission
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