Loading...
HomeMy WebLinkAboutOrd.1758.08-07-1995BILL NO. 95-164 ORDINANCE NO. /,-/, � d AN ORDINANCE AMENDING CHAPTER 15 OF THE CITY CODE OF ORDINANCES BY ADDING A NEW ARTICLE WHICH IMPOSES A ONE-HALF OF ONE PER CENT TRANSPORTATION SALES TAX AND ESTABLISHING A "CITY TRANSPORTATION TRUST FUND11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 15 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by adding one (1) new Article, to be known as Article XV and titled "Transportation Sales Tax", in words and figures as follows, to -wit: ARTICLE XI TRANSPORTATION SALES TAX Sec. 15-431. 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. See. 15-432. 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. 15-433. 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: A. Such portion of the Cityfs share of motor fuel tax as may be appropriated to this fund annually by the City Council. B. 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. C. All receipts derived as a result of special tax bill assessments collected on projects funded from the City Transportation Trust Fund. D. 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. 15-434. 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. 2. Sec. 15-435. 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 15-432. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. Within ten (10) days after the approval of the Transportation Sales Tax by the qualified voters of the City, the City Clerk shall forward to the Director of Revenue by United States Registered Mail or Certified Mail, a certified copy of this ordinance, a certification of the election return and a map of the City clearly showing the boundaries thereof. ARTICLE 5. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS 7", DAY OF , 19 . A. k. Spradling, IIMayor ATTEST: Deputyl City Clerk 3.