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HomeMy Public PortalAboutORD13834 BILL NO, 2004-1-18----- SPONSORED BY COUNCILMEN VOG,.EL, Borrv. Bi,owii, Cran-0,EQUP5-Q.,.Ij.i" -Y, Layton,Martin, -ii).(t&er, and Viessman ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ELIMINATING THE 16 CENT PROPERTY TAX LEVIED FOR PUBLIC PARKS AND AUTFIORIZING IN LIEU THEREOF A LOCAL PARKS SALES TAX AT THE RATE OF ONE HALF (1/2) OF ONE PERCENT, THE COLLECTION AND USE THEREOF FOR PUBLIC PARKS AND RECREATION PROGRAMS AND FACILITIES, AND PROVIDING FOR THE SUBMISSION OF THIS ORDINANCE TO THE QUALIFIED VOTERS OF SAID CITY FOR THEIR APPROVAL AT THE ELECTION TO BE HELD ON APRIL 5, 2005. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. A tax for the purpose of funding local parks for the municipality shall be imposed upon all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail to the extent and in the manner provided in Sections 644.032 and 644.033 of the Revised Statutes of Missouri, and the rules and regulations of the director of revenue issued pursuant thereto. The rate of the tax shall be one half of one percent on the sale at retail of all personal property or taxable services at retail within the City, if such property and services are subject to taxation by the state under provisions of Chapter 144 of the Revised Statutes of Missouri. The tax shall become effective on October 1 , 2005, shall be collected as provided in the Revised Statutes of Missouri, as amended, and shall be appropriated to, maintained and used by the City of Jefferson Parks and Recreation Commission. Section 2. Subject to voter approval as set out herein, the current park property tax levy authorized by Section 90.500 et seq. RSMo, shall be eliminated effective December 31 , 2004. Section 3. This ordinance shall be submitted to the qualified voters of the City of Jefferson, Missouri, for their approval, at the Election to be held on the 5th day of April, 2005 at the places designated by the County Clerk for said Election and the ballot shall be in substantially the following form: Proposition 1 Shall the City of Jefferson eliminate the property tax levied for public parks and impose in lieu thereof a sales tax of one half of one percent for the purpose of providing funding for public parks and recreation programs and facilities for the City of Jefferson. Said funds to be deposited in the Park Fund, and shall be kept separate and apart from other monies of the City of Jefferson. 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". 5ectiotr 4. The Mayor and City Clerk shall prepare and execute the form of the Notice of said Election and shall transmit the same to the Election Authority for the City of Jefferson, Missouri, and request said election to be conducted by law. Section 5. If a majority of the qualified voters of the City of Jefferson, Missouri, voting at said election shall vote in favor of the approval of this ordinance, then on or before May 31, 2005, the City Clerk shall forward to the Director of Revenue of the State of Missouri, by United States Registered Mail or Certified Mail, a certified copy of this ordinance, together with the certificates of the election returns and accompanied by a map of the City clearly showing the boundaries, thereof. Section 6. 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, as such holding shall not affect the validity of the remaining portion thereof. Section 7. This tax shall be collected in addition to the general sales tax, or any other sales tax, provided the Code of the City of Jefferson, Missouri, and shall not replace or repeal said general sales tax. Section 8. This ordinance shall be in full force and effect from and after the date of its passage and approval, subject to the provisions herein contained which provide for voter approval. Passed: y Approved: / Presiding Officer Mayor ATTEST: APPRQVD A TQ)FORM `City Clerk City Counselor s C'%my"i IVS Wou nc 111()1d i nancos•7Oo4-I IH.wpd City of Jefferson john Landwehr 0.w Mayor RECEIVED APR 1 1 2005 AX STATE OF MISSOURI ) SS COUNTY OF COLE ) CERTIFICATE, I, Phyllis Powell, City Clerk of the City of Jefferson, Missouri, hereby certify that the attached are true and accurate photocopies of the following record(s) of the City of Jefferson, Missouri: 1. Ordinance. No. 13834, enacted by the City of Jefferson, Missouri on January 18, 2005, pages 1 through 2, inclusive 2. Map entitled"City of Jefferson City Limits as of April 7"', 2005" page 1 through 1, inclusive 3. "Certification of Election Results by County Clerk (for Propositions and Questions)" by Marvin Register, county Clerk, to Phyllis Powell, City Clerk, for election field April 5"', 2005, for"Proposition 1",with copy of ballot attached, pages 1 through 3; copy of"Certification of Election Results of April 5, 2005 Municipal Elections for the City of Jefferson" by Linda Love, Callaway County Clerk, to Phyllis Powell, City Clerk, pages 1 through 2, for a total of 5 pages inclusive IN WITNESS WHEREOF I have set my hand and aflixed the seal of the City of Jefferson, Missouri, on April 11, 2005 (S E A L of the City of Jefferson) Phyllis Powell, City Clerk