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08-10460 Retailers' Sales Tax11 1 1 Z W 76 0 0 U (Published in the Salina Journal on Augusta 1, 2008.) ORDINANCE NUMBER 08-10460 AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY THE QUESTION OF WHETHER A 0.40 PERCENT (0.40%) RETAILERS' SALES TAX SHOULD BE IMPOSED FOR A PERIOD OF TEN (10) YEARS; SPECIFYING THE PURPOSES FOR WHICH THE REVENUE WOULD BE USED; AND REPEALING ORDINANCE NUMBER 04-10191, LEVYING THE 0.25 PERCENT (EQUAL TO 1/4¢) RETAILERS' SALES TAX, CONDITIONED ON APPROVAL OF THE 0.40 PERCENT (0.40%) RETAILERS' SALES TAX. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. Pursuant to K.S.A. 12-187, the Governing Body hereby authorizes, orders and directs that a special question election shall be and is hereby called to be held in the City in conjunction with the general election to be held on November 4, 2008 at which time there shall be submitted to the qualified electors of the City the following proposition: Shall the following be adopted? Shall the City of Salina, Kansas be authorized to impose a 0.40 percent (0.40%) city- wide retailers' special purpose sales tax, which shall commence on April 1, 2009 or as soon thereafter as permitted by law and shall terminate ten (10) years after its commencement, the proceeds of which shall be used to pay the cost of capital improvement projects; major equipment; construction, operation and maintenance of a family aquatic park in the Kenwood Park area; debt service on bonds issued for such projects; property tax stabilization; and the continuation of an economic development fund managed by the City of Salina? Section 2. If a majority of the electors of the City voting on the proposition approve the levy of the tax, the Governing Body shall provide by ordinance for the levy of the tax. Section 3 If approved, the tax shall be subject to all applicable state laws and administrative rules anu regulations of the Kansas Department of Revenue. The service of the Kansas Deprarttnerlt gf Revenue shall be utilized to administer, enforce and collect such tax. Section If approved, the collection of such tax shall commence on the first day of the calendar quarter next following the ninetieth (900) day after the date that the City has provided written notice to the director of taxation of the election authorizing the levy of the tax and a copy of the ordinance referred to in Section 2 hereof. It is expected that the tax will commence April 1, 2009 or as soon thereafter as permitted by law, and such tax shall end ten (10) years after the date of commencement. Section 5. Ordinance number 04-10191, levying a .25 percent (Equal to 1/4¢) retailers' sales tax, and such sales tax, is repealed, and collection thereof will end one day before the commencement date of the 0.40 percent (0.40%) tax, but such repeal is conditioned upon a majority of the electors of the City voting in favor of the proposition in Section 1 of this ordinance approving the levy of the 0.40 percent (0.40%) tax. u 1 Section 6. The City Clerk is directed to request that the County Election Officer take all steps necessary to include the proposition set forth in Section 1 above on the ballot for the November 4, 2008 general election, including publication of the a Notice of Special Question Election in substantially the form presented to the Governing Body on this date. The notice shall be published in the Salina Journal once each week for two consecutive weeks, with the first publication to be not less than twenty-one (21) days prior to the election and the last publication being not more than forty-five (45) days prior to the date of the election. Section 7. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. [SEAL) ATTEST: Lieu Ann Elsey, CMC, City Clerk Introduced: August 11, 2008 Passed: August 18, 2008 Passed by a vote of des; k no;_abstain L 1 arson, Vic - ayor EXHIBIT A (Published in the Salina Journal on , 2008 and on , 2008.) NOTICE OF SPECIAL QUESTION ELECTION CITY OF SALINA, KANSAS Notice is hereby given to the qualified electors of the City of Salina, Kansas (the "City") that a special question election has been called and will be held in conjunction with the general election on November 4, 2008, for the purpose of submitting to the qualified electors of the City the following proposition: Shall the following be adopted? Shall the City of Salina, Kansas be authorized to impose a 0. percent (0.%) city-wide retailers' special purpose sales tax, to commence on April 1, 2009 or as soon thereafter as permitted by law and shall terminate ten (10) years after its commencement, the proceeds of which shall be used only to pay the cost of general capital improvement projects; major equipment; parks and recreation capital improvement projects; financing, constructing, equipping, supplying and maintaining a family aquatic park in the Kenwood Park area; debt service on bonds issued for such projects; property tax stabilization; human service grants; and establishment of an economic development fund managed by the City of Salina? IT IS IMPORTANT FOR EACH QUALIFIED VOTER TO NOTE THAT YOUR BALLOT CANNOT BE COUNTED UNLESS YOU TAKE THE APPROPRIATE STEPS: To vote in favor of any question submitted on this ballot, make a cross or a check mark in the square to the left of the word "Yes." To vote against it, make a cross or a check mark in the square to the left of the word "No." ❑ YES ❑ NO ADDITIONAL INFORMATION General The following additional information is provided by the City with respect to the impact of this ballot question. Passage of this ballot proposition would authorize the City to impose a special retailers' special purpose sales tax at the rate of 0.35 percent (0.35%) within the limits of the City (the "Sales Tax") to be used to pay the cost of general capital improvement projects; major equipment; parks and recreation capital improvement projects; financing, constructing, equipping, supplying and maintaining a family aquatic park in the Kenwood Park area; debt service on bonds issued for such projects; property tax stabilization; human service grants; and establishment of an economic development fund managed by the City of Salina (the "Projects"). The Sales Tax would on April 1, 2009 or as soon thereafter as permitted by law and shall terminate ten years after its commencement, which date is expected to be March 31, 2019. The following additional information is provided by the City with respect to compliance with the provisions of K.S.A. 12-6,122 with respect to the Projects. This information has been obtained from sources deemed reliable by the City. Certain portions of this information are based upon projections. Projected Summary of Project Costs Sources of Funds Uses of Funds Sales Tax to be $ Project Costs (including $ Collected design, construction, site improvements, project management and contingency) Interest Earnings Professional Services (including architectural, engineering, legal and other services) Total Total The polls will open at 7:00 o'clock A.M. and will close at 7:00 o'clock P.M., on November 4, 2008, the election day. The voting places in the City, and the area each voting place will serve, will be as follows: [TO BE INSERTED BY COUNTY CLERK] Voters Residing In Precinct Will Vote At Location 2 The election will be conducted by the officers and/or persons provided by law for holding elections, and the method of voting will be by ballot. Registered voters are eligible to vote by advance voting ballot upon application to the County Clerk set forth below pursuant to K.S.A. 25- 1117 et seq. ELECTION INFORMATION The election officer conducting the election will be the Election Commissioner of Saline County, Kansas, whose address is: Salina, Kansas DATED: , 2008. County Clerk Saline County, Kansas