A CHARTER ORDINANCE OF THE CITY OF CANEY, KANSAS, PROVIDING FOR THE MANNER IN WHICH THE CITY’S PORTION OF REVENUES RECEIVED FROM THE PROPOSED THREE QUARTERS OF ONE PERCENT (3/4 OF 1%) CITYWIDE RETAILERS SALES TAX, IF APPROVED, ARE TO BE USED BY THE CITY OF CANEY, KANSAS, AND ESTABLISHING A CAPITAL PROJECTS FUND FOR STREET IMPROVEMENTS.

Be it ordained by the Governing Body of the City of Caney, Kansas:

WHEREAS, K.S.A. 12-187, et seq, as amended by S.B. 723, authorizes the Board of County Commissioners of Montgomery County, Kansas, to submit to the qualified electors of the County the question of levying a Countywide Retailers Sales Tax;

WHEREAS, the question of levying a Countywide Retailers Sales Tax has been submitted to the electors of the County, and the question was defeated by the electors of the County; and

WHEREAS, K.S.A. 12-187, et seq, further provides that in the event the question of adopting a Countywide Retailers Sales Tax is defeated, each of the cities within Montgomery County, Kansas, may submit such question to their electors to determine whether a one half of one per cent (1/2 of 1%) or three quarters of one percent (3/4 of 1%) Citywide Retailers Sales Tax should be adopted within such city; and

WHEREAS, the Governing body of the City of Caney, Kansas has previously determined that additional revenue is needed to provide an adequate level of public services within the City, and that the voters should be given a choice as to the method used to finance public services; and

WHEREAS, the Governing Body of the City of Caney, Kansas has previously adopted a Resolution to submit to the electors of the City the question of whether a Three Quarters of One Per Cent (3/4 of 1%) Citywide Retailers Sales Tax should be adopted; and

WHEREAS, the Governing Body of the City of Caney, Kansas, desires to specify the uses of the City’s share of revenue from the Citywide Three Quarters of One Percent (3/4 of 1%) Retailers Sales Tax, if approved by the voters of the City of Caney, Kansas;

NOW THEREFORE, be it ordained by the Governing Body of the City of Caney, Kansas:

Section 1. That in the event of the approval of the Citywide Three Quarters of One Percent (3/4 of 1%) Retailers Sales Tax by the voters of Caney, Kansas, the portion of the revenues generated from such citywide three quarters of one per cent (3/4 of 1%) Retailers Sales Tax distributed to the City of Caney, Kansas, shall be used for the following purpose, to-wit:

(a)        Street Improvements - 100%

Section 2. There is hereby created a “Capital Projects Fund-Street Improvements”, into which 100% of the funds received from the Citywide Three Quarters of One Percent (3/4 of 1%) Retailers Sales Tax shall be deposited. Funds in the “Capital Projects Funds-Street Improvements” fund shall be expended only for the purpose    of the purchase of materials, equipment and labor, including the cost of such items provided to the City by third party contractors, engineering, legal services, bond underwriting costs, administrative costs or other expenses directly relating to the construction, re-construction, repair or improvement of streets (including curbs and guttering) or alleys within the City of Caney, Kansas.