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Home My WebLink AboutOrd.5840.2025-05-05 BILL NO 25-53 ORDINANCE NO 5NO AN ORDINANCE OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AMENDING THE CHARTER OF THE CITY, CALLING AN ELECTION IN THE CITY ON THE QUESTION OF AMENDING THE CHARTER, DESIGNATING THE TIME FOR HOLDING SAID ELECTION; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE TO THE COUNTY CLERK OF SAID ELECTION WHEREAS, the City of Cape Girardeau, Missouri (the "City") is a municipal corporation and Charter City located in Cape Girardeau County, Missouri, being duly created, organized and existing under the laws of the State of Missouri; and WHEREAS, Article VI, Section 6 13 of the City Charter provides that the City "shall not increase water, sewer or solid waste collection fees by more than five (5) percent, in any given fiscal year" with exceptions including for issuance of bonds or in the event of emergencies; and WHEREAS, past increases of the City' s water, sewer and solid waste collection fees have failed to keep pace with increasing costs, such that the City Council has determined continuing with a fee increase limitation of five percent per year will necessitate unacceptable reductions in the levels of water, sewer, and solid waste collection services the City provides to its residents, and WHEREAS, Article XI, Section 11 06 of the Charter authorizes the City Council to propose amendments to the Charter and sets forth the process required for consideration of such amendments; and WHEREAS, before any Charter amendment shall become effective, it must be approved by a majority of the qualified electors voting at an election to be held not less than sixty days after the passage of this Ordinance, and WHEREAS, the City Council has determined it is necessary for ensuring continuation of adequate levels of water, sewer, and solid waste collection services to seek voter approval to change the five percent per year limitation in Article VI, Section 6 13 of the City Charter to fifteen percent per year, and WHEREAS, the City Council calls for this item to be placed on the ballot at the August 5, 2025 Election for a vote of the qualified voters of the City NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS ARTICLE 1 Pursuant to Article XI, Section 11 06 of the Charter, the City Council hereby proposes an amendment to the Charter to delete the phrase "five (5) percent, " in Article VI, Section 6 13 of the Charter and replace it with the phrase "fifteen (15) percent, " and further hereby orders an election to be held in the City of Cape Girardeau, Missouri, for the purpose of submitting such amendment to the qualified electors of the City ARTICLE 2 The following question is hereby submitted to the qualified voters of the City, to be voted on at the Election hereby called and to be held in the City on Tuesday, August 5, 2025 The ballot question shall contain substantially the following language Article VI, Section 6 13 of the Charter of the City of Cape Girardeau generally prohibits the City from increasing water, sewer or solid waste collection fees by more than five (5) percent per fiscal year Shall this general limitation be amended from five (5) percent to fifteen (15) percent, for the purpose of funding improvements and maintenance needed to deliver these services? ❑ Yes ❑ No If the above question in this article shall be approved by a majority of the qualified voters thereon, the amendment shall become a part of the Charter effective upon certification of such election result ARTICLE 3 The City Clerk is hereby authorized and directed to notify the Cape Girardeau County Clerk (the "Election Authority") of the adoption of this ordinance no later than 5 00 P M on the tenth Tuesday prior to the election or such other date as required by the Election Authority or by law, and to include in said notification all the terms and provisions required by Chapter 115 RSMo , and to take such other steps as may be required so that an election may be lawfully conducted The form of the Notice of 2 Election for said election, a copy of which is attached hereto as Exhibit A and incorporated as if fully set out herein, is hereby approved The Election Authority shall conduct such election according to law and certify the results thereof ARTICLE 4 Said election shall be held at such places in such wards and precincts as the Election Authority may direct, and shall follow the procedures prescribed by said Election Authority The election shall be held in conformity with the Missouri Constitution and the laws of the State of Missouri, and in accordance with all applicable ordinances adopted by the City Council of the City ARTICLE 5 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 6 This ordinance will be in full force and effect ten days after its passage and approval PASSED AND APPROVED THIS 5+h DAY OF 11 , 2025 bib" Stacy Kir ,d:•r, Mayor ATTEST ie" ' d& ttal Gay d L Conrad, City Clerk tti ----4AR 241 ,is 114 i 4 s 1{ 0 tsyl I 3.----ml t Ci *TtE ONI f 44I/ 3 Exhibit A NOTICE OF GENERAL 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 has called an election to be held in said City on Tuesday, August 5, 2025, commencing at 6 00 A M and closing at 7 00 P M on the question contained in the following sample ballot OFFICIAL BALLOT GENERAL ELECTION CITY OF CAPE GIRARDEAU, MISSOURI AUGUST 5, 2025 Article VI, Section 6 13 of the Charter of the City of Cape Girardeau generally prohibits the City from increasing water, sewer or solid waste collection fees bymore than five (5) percent per fiscal year Shall this general limitation be amended from five (5) percent to fifteen (15) percent, for the purpose of funding improvements and maintenance needed to deliver these services? ❑ 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" 4 CAPE GIRARDEAU COUNTY MO ELECTIONS CERTIFICATION OF CAPE GIRARDEAU COUNTY, MISSOURI ELECTION RETURNS AUGUST 5, 2025 SPECIAL ELECTION August 8, 2025 City of Cape Girardeau Gayle Conrad, City Clerk 44 N. Lorimier Cape Girardeau, MO 63703 Ms. Conrad, This is to certify the results of the August 5, 2025 Special Election. The enclosed pages are the Official Results for the August 5, 2025 Special Election. CERTIFICATION State of Missouri ) ) ss. County of Cape Girardeau ) I, Kara Clark Summers, County Clerk/Election Authority for the County of Cape Girardeau, hereby certify the attached documents to be a true, correct, and complete abstract of all the votes cast in said county for all ballot issues at the Special Election held on August 5, 2025, as shown by the returns from the different voting precincts in said county, and as verified by the verification board as provided in Section 115.507, RSMo. IN TESTIMONY WHEREOF, I hereunto set my hand and affix the seal of the County, at my office in Jackson, Missouri, this 8s' day of August 2025. Kara Clark Summers County Clerk/Election Authority Cape Girardeau County Election Summary Report SPECIAL ELECTION CAPE GIRARDEAU COUNTY, MISSOURI TUESDAY, AUGUST 5, 2025 ELECTION RESULTS OFFICIAL RESULTS Registered Voters 23,723 - Total Ballots 4,344: 18.31 % CITY OF CAPE GIRARDEAU QUESTION Number of Precincts 14 Precincts Reporting 14 100.00% Total Votes 4,344 YES 2,527 58.17% NO 1,817 41.83% Undervote 0 Overvote 0 Date: 8/8/2025 Time. 12.20.41 PM Page 1/1 14 of 14 Precincts Reporting 100.00% Statement of Votes Cast Date: 8/8/2025 SPECIAL ELECTION YES CAPE GIRARDEAU COUNTY, MISSOURI Time: 12:23:00 PM CDT TUESDAY, AUGUST 5,2025 Page 1/2 9 ELECTION RESULTS Jurisdiction Wide OFFICIAL STATEMENT OF VOTES CAST CITY OF CAPE GIRARDEAU QUESTION Reg. Voters Total Votes YES NO Over votes Jurisdiction Wide PRECINCT 1 Normal 2909 353 161 45.61% 192 54.39% 0 Absentee 2909 0 0 - 0 - 0 Provisional 2909 0 0 - 0 - 0 PRECINCT 2A Normal 1388 118 63 53.39% 55 46.61% 0 Absentee 1388 0 0 - 0 - 0 Provisional 1388 1 1 100.00% 0 - 0 PRECINCT 3C Normal 1067 77 48 62.341/6 29 37.66% 0 Absentee 1067 0 0 - 0 - 0 Provisional 1067 0 0 - 0 - 0 PRECINCT 28 Normal 2156 139 70 50.36% 69 49.64% 0 Absentee 2156 0 0 - 0 - 0 Provisional 2156 1 1 100.00% 0 - 0 PRECINCT 3B Normal 621 63 30 47.62% 33 52.38% 0 Absentee 621 0 0 - 0 - 0 Provisional 621 1 1 100.00% 0 - 0 PRECINCT 3A Normal 1383 230 145 63.04% 85 36,96% 0 Absentee 1383 0 0 - 0 - 0 Provisional 1,383 0 0 - o - 0 PRECINCT 5C Normal 1015 178 99 55.62% 79 44.38% 0 Absentee 1015 0 0 - 0 - 0 Provisional 1015 1 0 - 1 100.00% 0 PRECINCT 4A Normal 2774 584 386 66.10% 198 33.90% 0 Absentee 2774 0 0 - 0 - 0 Provisional 2774 1 0 - 1 100.00% 0 PRECINCT 4B Normal 2308 509 294 57.76% 215 42.24% 0 Absentee 2308 0 0 - 0 - 0 Provisional 2308 1 1 100.00% 0 - 0 Statement of Votes Cast SPECIAL ELECTION CAPE GIRARDEAU COUNTY, MISSOURI TUESDAY, AUGUST 5, 2025 ELECTION RESULTS OFFICIAL STATEMENT OF VOTES CAST CITY OF CAPE GIRARDEAU QUESTION PRECINCT5A Normal 2273 475 258 54.32% 217 45.68% 0 Absentee 2273 0 0 - 0 - 0 0 Provisional 2273 1 0 - 1 100.00% 0 0 PRECINCT 56 Normal 1402 270 146 54.07% 124 45.93% 0 Absentee 1402 0 0 - 0 - 0 Provisional 1402 0 0 - 0 - 0 PRECINCT 6 Normal 4427 687 413 60.12°/6 274 39.88% 0 Absentee 4427 0 0 - 0 - 0 Provisional 4427 0 0 - 0 - 0 CENTRAL POLL Normal 0 120 71 59.17% 49 40.83% 0 Absentee 0 0 0 - 0 - 0 Provisional 0 0 0 - 0 - 0 ABSENTEE Normal 0 0 0 - 0 - 0 Absentee 0 534 339 63.481/6 195 36.52% 0 0 Provisional 0 0 0 - 0 - 0 0 Total Normal 23723 3803 2184 57.43% 1619 42.57% 0 0 Absentee 23723 534 339 63.48% 195 36.52% 0 Prnvisinnal 23723 7 4 57.14% 3 42.86% 0 0 Date: 8/8/2025 Time: 12:23:00 PM CDT Page 2/2