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HomeMy WebLinkAboutOrd.4187.01-10-2011 BILL NO. 10-182 ORDINANCE NO. AN ORDINANCE CALLING FOR AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI ON THE QUESTION OF WHETHER TO EXTEND THE PRESENT ONE-QUARTER OF ONE PERCENT CAPITAL IMPROVEMENT SALES TAX FOR THE PURPOSE OF FUNDING CAPITAL IMPROVEMENTS. WHEREAS, the City Council of the City of Cape Girardeau, Missouri (the "City") currently impose a sales tax of one-half of one percent pursuant to Section 94.577 et seq. of the Revised Statutes of Missouri, as amended, for the purpose of funding capital improvements for the City, including but not limited to the expansion of the waterworks system and related improvements thereto, and the retirement of debt under previously authorized bonded indebtedness for such purposes; and WHEREAS, the City's one-quarter of one percent capital improvement sales tax is presently set to expire on March 31, 2017; and WHEREAS, the City Council desires to place a proposition on the April 5, 2011 ballot to extend the imposition of such sales tax for the purpose of funding capital improvements for the City and the operation of maintenance of such improvements, including but not limited to constructing a new wastewater treatment plant and other improvements to the City's sewerage system and the retirement of authorized bonded indebtedness for such purposes; and WHEREAS, the approval of the proposition will authorize the extension of the existing sales tax beyond March 31, 2017, but will not result in any increase in the amount of the tax. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI,AS FOLLOWS: Section 1. There is hereby extended the imposition of the existing sales tax in the amount of one- quarter of one percent on all retail sales made in the City which are subject to taxation under the provisions of Sections 144.010 to 144.525, inclusive, of the Revised Statutes of Missouri, as amended, for the purpose of funding any municipal capital improvement. Section 2. The extension of the imposition of said sales tax shall become 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 3. An election is hereby ordered to be held in the City on Tuesday, April 5, 2011, on the following proposition: PROPOSITION Shall the City of Cape Girardeau, Missouri, extend the imposition of the City's existing sales tax of one-quarter of one percent(1/4 of 1%) for the purpose of funding capital improvements and the operation and maintenance of such improvements, including but not limited to constructing a new wastewater treatment plant and other improvements to the City's sewerage system necessary for compliance with the requirements of the Missouri Department of Natural Resources and the retirement of authorized bonded indebtedness for such purposes, such sales tax to terminate automatically on December 31,2037? Section 4. The form of the Notice of Election for said election, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby approved. Section 5. The City Clerk is hereby authorized and directed to notify the Clerk of the County Commission of Cape Girardeau County, Missouri of the adoption of this Ordinance no later than 5:00 p.m. on January 25, 2011, 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 6. Upon passage of said proposition, the City Clerk shall forward to the Director of Revenue of the State of Missouri by United States certified or registered mail (1) a certified copy of this Ordinance, (2) a copy of the abstract of the votes cast on the proposition at said election and (3) a map clearly showing the boundaries of the City. Section 7. If any clause, word, paragraph, section or other part or portion of this Ordinance is held to be invalid, illegal or unconstitutional for any reason, the City Council hereby declares it would nevertheless have enacted the remaining portions thereof and such remaining portions shall remain in full force and effect. Section 8. This Ordinance shall take effect 10 days from and after its final passage. PASSED by the City Council of the City of Cape Girardeau, Missouri, this /Oh ay of January, 2011. (SEAL) �gRAR��,9 Harry E. Re Iger, Mayor ATTEST: � b Gaye L. C n ad, City Clerk y�✓'`' \\ v IT :iNlo EXHIBIT A 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 has called an election to be held in the City on April 5, 2011, commencing at 6:00 a.m. and closing at 7:00 p.m., on the proposition contained in the following sample ballot: OFFICIAL BALLOT CITY OF CAPE GIRARDEAU,MISSOURI TUESDAY, APRIL 5, 2011 PROPOSITION Shall the City of Cape Girardeau, Missouri, extend the imposition of the City's existing sales tax of one-quarter of one percent (1/4 of 1%) for the purpose of funding capital improvements and the operation and maintenance of such improvements, including but not limited to constructing a new wastewater treatment plant and other improvements to the City's sewerage system necessary for compliance with the requirements of the Missouri Department of Natural Resources and the retirement of authorized bonded indebtedness for such purposes, such sales tax to terminate automatically on December 31,2037? YES ❑ NO ❑ INSTRUCTIONS TO VOTERS: If you are in favor of the proposition, place an X in the box opposite "YES." If you are opposed to the proposition, place an X in the box opposite "NO." The approval of the proposition will authorize the extension of the imposition of the City's existing one-quarter of one percent (1/4 of 1%) sales tax, which is being collected in addition to the other sales taxes provided for by law on all receipts from the sale at retail of all tangible personal property or taxable services at retail within the City of Cape Girardeau, Missouri that are subject to taxation under the provisions of Sections 144.010 to 144.525, inclusive, of the Revised Statutes of Missouri, as amended. The election will be held at the following polling places in the City: PRECINCT POLLING PLACE DATED: , 201 1. Clerk of the County Commission of Cape Girardeau County, Missouri