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HomeMy WebLinkAboutORD.2735.05-15-2000BILL NO. 2000-119 ORDINANCE NO. ? 3 AN ORDINANCE AMENDING CHAPTER 15 OF THE CITY CODE BY EXTENDING THE ONE-HALF OF ONE PERCENT TRANSPORTATION SALES TAX AND REESTABLISHING THE CITY TRANSPORTATION TRUST FUND, AND CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION WHETHER TO APPROVE THE SALES TAX EXTENSION; DESIGNATING THE TIME OF HOLDING THE ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ELECTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. An election is hereby ordered to be held in the City of Cape Girardeau, Missouri, on Tuesday, August 8, 2000, on the following question: QUESTION Shall the City of Cape Girardeau, Missouri impose a sales tax of one-half of one percent for transportation purposes, such transportation sales tax to terminate automatically in five years? ARTICLE 2. The form of the notice of election for the election, a copy of which is hereby attached and made part hereof, is hereby approved. ARTICLE 3. 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 May 30, 2000, and to include in the notification all of the terms and provisions required by the Comprehensive Election Act, Chapter 115, Missouri Revised Statutes, as amended. ARTICLE 4. Chapter 15, Article XVI, Sections 15-461 through 15- 465 of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: ARTICLE XVI. TRANSPORTATION SALES TAX Sec. 15-461. Imposition; rules; regulations. There is hereby imposed upon all sellers a tax for the privilege of engaging in the business of selling taxable personal property or rendering taxable services at retail to the extent and in the manner provided in Revised Statutes of Missouri 144.010 through 144.510, inclusive, and the rules and regulations of the director of revenue issued pursuant thereto at the rate of one- half (1/2) of one (1) percent on all retail sales made in the city which are subject to taxation under the provisions of RSMo 144.010 through 144.510 inclusive. This tax is imposed pursuant to RSMo 94.700 et seq. and to the extent provided in RSMo 144.010 through 144.510, inclusive, and the rules and regulations of the director of revenue issued pursuant thereto. Sec. 15-462. Purpose. The tax imposed by this article is for the limited purpose of funding capital improvements for transportation purposes, specifically the construction, reconstruction, repair and maintenance of streets, roads and bridges; the acquisition of lands and rights-of-way for streets, roads and bridges; and planning and feasibility studies for streets, roads and bridges and may include the retirement of debt under previously authorized bonded indebtedness for such limited purposes, all within the City of Cape Girardeau, Missouri. This tax shall be in addition to any and all other sales taxes allowed by law. Sec. 15-463. Trust fund. There is hereby established a city transportation trust fund. All monies received by the city from the transportation sales tax imposed by this article shall be deposited by the finance director to the credit of this fund and used solely for transportation purposes in accordance with state statutes. In addition to the proceeds from the transportation sales tax, other revenues to be deposited to the credit of this fund shall include: (1) Such portion of the city's share of motor fuel tax as may be appropriated to this fund annually by the city council. (2) Any grants received from the State of Missouri or the federal government for projects funded by the city transportation trust fund as permitted by state and federal law. (3) All receipts derived as a result of special tax bill assessments collected on projects funded from the city transportation trust fund. (4) A full accounting of the value of all in-kind contributions for right-of-way donated to the city for streets, roads and bridges for projects to be financed from the city transportation trust fund. The finance director of the city shall submit to the city council a semi-annual report showing all activity in the trust account relating to receipts and disbursements and shall provide such other information as the city council may require. Sec. 15-464. When effective; duration. The tax authorized by this article shall become effective on the first day of January, 1996, and such tax shall continue for a period of five (5) years from its date of inception and thereafter shall automatically terminate unless extended or renewed in accordance with law. Sec. 15-465. Condition precedent; use of proceeds. This article shall become effective only in the event that the voters of the City of Cape Girardeau, Missouri, approve the transportation sales tax in accordance with state law at a duly called election set for August 8, 1995; and if the voters of the city approve this tax, the funds derived from the imposition of this tax shall be used solely for transportation purposes as set out in section 15-462. is' hereby repealed in its entirety, and a new Chapter 15, Article XVI, Sections 15-461 through 15-465 is hereby enacted in lieu, in words and figures, to read as follows: ARTICLE XVI. TRANSPORTATION SALES TAX Sec. 15-461. Imposition; rules; regulations. There is hereby imposed upon all sellers a tax for the privilege of engaging in the business of selling taxable personal property or rendering taxable services at retail to the extent and in the manner provided in Revised Statutes of Missouri 144.010 through 144.510, inclusive, and the rules and regulations of the director of revenue issued pursuant thereto at the rate of one- half (1/2) of one (1) percent on all retail sales made in the city which are subject to taxation under the provisions of RSMo 144.010 through 144.510 inclusive. This tax is imposed pursuant to RSMo 94.700 et seq. and to the extent provided in RSMo 144.010 through 144.510, inclusive, and the rules and regulations of the director of revenue issued pursuant thereto. Sec. 15-462. Purpose. The tax imposed by this article is for the limited purpose of funding capital improvements for transportation purposes, including the construction, reconstruction, repair and maintenance of streets, roads and bridges; the acquisition of lands and rights-of-way for streets, roads and bridges; and planning and feasibility studies for streets, roads and bridges and may include the retirement of debt under previously authorized bonded indebtedness for such limited purposes, all within the City of Cape Girardeau, Missouri. This tax shall be in addition to any and all other sales taxes allowed by law. Sec. 15-463. Trust fund. There is hereby established a city transportation trust fund. All monies received by the city from the transportation sales tax imposed by this article shall be deposited by the finance director to the credit of this fund and used solely for transportation purposes in accordance with state statutes. In addition to the proceeds from the transportation sales tax, other revenues to be deposited to the credit of this fund shall include: (1) Such portion of the city's share of motor fuel tax as may be appropriated to this fund annually by the city council. (2) Any grants received from the State of Missouri or the federal government for projects funded by the city transportation trust fund as permitted by state and federal law. (3) All receipts derived as a result of special tax bill assessments collected on projects funded from the city transportation trust fund. (4) A full accounting of the value of all in-kind contributions for right-of-way donated to the city for streets, roads and bridges for projects to be financed from the city transportation trust fund. The finance director of the city shall submit to the city council a semi-annual report showing all activity in the trust account relating to receipts and disbursements and shall provide such other information as the city council may require. Sec. 15-464. When effective; duration. The tax authorized by this article shall become effective on the first day of January, 2001, and such tax shall continue for a period of five (5) years from its date of inception and thereafter shall automatically terminate unless extended or renewed in accordance with law. Sec. 15-465. Use of proceeds. The funds derived from the imposition of this tax shall be used solely for transportation purposes as set out in section 15-462. ARTICLE 5. The amendments contained in Article 4 hereof shall become effective as provided by law on January 1, 2001, upon approval by a majority of the votes cast on the Question set out in Article 1 hereinabove by the qualified voters of the City voting thereon. ARTICLE 6. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 *A.. Spradling, III, Or6r ATTEST: tad Gayle 10. Conrad City Clerk 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 August 8, 2000, commencing at 6:00 o'clock A.M. and closing at 7:00 o'clock P.M. on the question contained in the following sample ballot: OFFICIAL BALLOT ELECTION CITY OF CAPE GIRARDEAU, MISSOURI AUGUST 8, 2000 QUESTION Shall the City of Cape Girardeau, Missouri impose a sales tax of one-half of one percent for transportation purposes, such transportation sales tax to terminate automatically in five years? ❑ YES ❑ NO 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 places in the City: PRECINCT POLLING PLACES 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Dated this day of , 2000. Rodney Miller, Clerk of the County Commission