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HomeMy Public PortalAboutORD14961 Substitute by Councilman Mihalevich BILL NO. 2012-6 SPONSORED BY COUNCILMAN Pope COSPONSORED BY COUNCIL MEMBERS Carroll and Prather ORDINANCE NO. 14961 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ELIMINATING THE PROPERTY TAX LEVIED FOR THE FIREMAN'S PENSION FUND, CURRENTLY $0.0961, APPROXIMATELY SEVENTEEN PERCENT (17%) OF THE CITY'S TOTAL PROPERTY TAX, AND AUTHORIZING IN LIEU THEREOF A JEFFERSON CITY FIRE DEPARTMENT IMPROVEMENT SALES TAX AT THE RATE OF ONE-FOURTH OF ONE PERCENT (1/4%), THE COLLECTION AND USE THEREOF FOR IMPROVEMENT OF THE JEFFERSON CITY FIRE DEPARTMENT, 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 AUGUST 7, 2012. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. A tax for the purpose of improving the Jefferson City Fire Department, 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 321.242 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-fourth 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 be collected as provided in the Revised Statutes of Missouri, as amended. The tax shall have a sunset provision of 15 years. Section 2. Subject to voter approval as set out herein, the current tax levy for the Firemen's Pension Fund shall be reduced to $0.00, effective December 31, 2012, and shall remain at $0.00 so long as the sales tax is in force. 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 7th day of August, 2012 at the places designated by the County Clerk for said Election and the ballot shall be in substantially the following form: Proposition Shall the City of Jefferson reduce the property tax levied for the Firemen's Pension, currently $0.0961 (approximately 17% of the City's total property tax) to $0.00 and in lieu thereof impose a sales tax of one-fourth (1/4) of Substitute by Councilman Mihalevich one percent for the purpose of providing revenues and improvements for the operation of the Jefferson City Fire Department, for the period of January 1, 2013 to December 31, 2027? [ ] 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". Section 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 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. Chapter 13 (Fire Prevention and Protection) is hereby amended by the addition of a new section 6 (Fire Department improvement plan) as follows: Sec. 13-6. Fire Department Improvement Plan Performance. A. There shall be appointed an Ad Hoc Fire Department Improvement Plan Performance Committee which shall be appointed by the Mvvor with the consent of the council who shall be charged with-determining key performance indicators. The keV performance indicators shall be based on fire department 11oals and promoted improvement plan outcomes through funds made available to the Fire Department in its annual budget and allotments from sales taxes. B. The Fire Department Improvement Plan Performance Committee shall consist of five members and shall include at least one active firefighter and one member of the City Council,and may include other members of City Staff,the City Council or members of the public. C. The key performance indicators determined by the Fire Department Improvement Plan Performance Committee shall be submitted in an annual presentation to the public safety committee who shall approve or disapprove the key performance indicators. D. The Fire Chief or designee shall before June 1"of each vear report to the City Council on the key performance indicators and their impact on the fire department. Section 9. 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 Substitute by Councilman Mihalevich voter approval. ` Passed: Approved: 2 Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: City CIerK. -City Counselor