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HomeMy Public PortalAboutOrd 543 Proposed Retail Sales Tax Street Improvements(Summary published in The Ark Valley News on July 3, 2014 and July 10, 2014.) ORDINANCE NO: 543 AN ORDINANCE TO SUBMIT TO THE QUALIFIED ELECTORS OF THE CITY OF BEL AIRE, KANSAS, THE PROPOSITION OF LEVYING A ONE PERCENT (1.00 %) RETAILERS' SALES TAX FOR THE PURPOSE OF FUNDING A LOCAL STREET IMPROVEMENT PROGRAM, WITHIN THE CITY OF BEL AIRE, SEDGWICK COUNTY, KANSAS. WHEREAS, K.S.A. 12-187 et seq. authorizes the Governing Body of the City of Bel Aire, Kansas (City) to submit to the qualified electors of the City the question of levying a retailers' sales tax in the City and pledging the revenue received from the tax to a special purpose of the City, with such tax to be collected by the Kansas Department of Revenue and returned to the City; WHEREAS, K.S.A. 10-120 requires notification of the electors to be published in a newspaper of general circulation setting forth the time and place of holding the election and the purpose for which the retailers' sales tax is to be assessed; WHEREAS, the Governing Body of the City has determined it is necessary to authorize the levy of a 1.00 % retailers' sales tax, to begin as soon as the tax may be levied by the Kansas Department of Revenue, with revenue received from the tax used for the specific governmental purposes as described in the ballot question approved by this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section 1. A special question election is called to be conducted on November 4, 2014 for the purpose of submitting to the qualified electors of the City the question of levying a retailers' sales tax in the City in the amount of one percent (1.00 %), with such tax to take effect as soon as the tax may be levied by the Kansas Department of Revenue, if such special question is approved by a majority of the electors voting on the question. The election shall be conducted in the manner prescribed by applicable laws of the State of Kansas. Section 2. If approved by a majority of the electors voting on the question, the retailers' sales tax will be subject to all applicable state laws and administrative rules and regulations of the Kansas Department of Revenue. The services of the Kansas Department of Revenue shall be utilized in conformance with K.S.A. 12-189, and all other applicable laws of the State of Kansas. Section 3. The proposition to be voted on shall appear on the ballot as follows: Shall the following be adopted? Shall a retailers' sales tax in the amount of one percent (1.00 %) be levied in the City of Bel Aire, Kansas, to take effect January 1, 2015, or as soon thereafter as such tax may be levied by the Kansas Department of Revenue, with revenue from such tax used to fund a Local Street Improvement Program; and provided that such retailers' sales tax shall expire on the date ten years after it is first levied, all pursuant to KS.A.S.A 12-187, et seq., as amended? Section 4. The Sedgwick County Election Commissioner is hereby authorized to and shall give notice of the election by publishing a Notice of Election once each week for two consecutive weeks in a newspaper of general circulation in the City, as provided in K.S.A. 12- 187 et seq., and K.S.A. 10-120, with the first publication to be not less than twenty-one (21) days prior to the date of the election. The vote at the election shall be by ballot and the proposition approved by this Ordinance shall be printed on the ballot with the voting instructions required by law. Section 5. This Ordinance shall take effect and be in force from and after its summary is published in the Ark Valley News, an official city newspaper. Passed by the City Council this 1st day of July, 2014. Approved by the Mayor this 1st day of July, 2014. MAYOR DAVID AUSTIN ATTEST: CI Y CLERK, Jamie Ha SEAL