94.890. Municipalities in St. Louis County, sales tax to fund capital improvements--ballot, contents--approval of tax, options of governing body--municipal capital improvements sales tax fund, distrib

MISSOURI STATUTES AND CODES

94.890. Municipalities in St. Louis County, sales tax to fund capital improvements--ballot, contents--approval of tax, options of governing body--municipal capital improvements sales tax fund, distrib

Municipalities in St. Louis County, sales tax to fund capitalimprovements--ballot, contents--approval of tax, options ofgoverning body--municipal capital improvements sales tax fund,distribution--special trust fund--director of revenue,duties--erroneous payments, refunds.

94.890. 1. The governing body of any municipality located in whole orin part within any county of the first classification having a charter form ofgovernment and containing a population of nine hundred thousand or more ishereby authorized to impose, by ordinance, a one-half of one percent sales taxon all retail sales which are subject to taxation under the provisions ofsections 144.010 to 144.525, RSMo, for the purpose of funding capitalimprovements, including the operation and maintenance of capital improvements. The tax authorized by this section shall be in addition to any and all othersales taxes allowed by law. The ordinance shall become effective after thegoverning body of the municipality shall submit to the voters of themunicipality, a proposal to authorize the tax and, if such tax is to be usedto retire bonds to authorize such bonds and their retirement by such tax, toauthorize the retirement of debt under previously authorized bondedindebtedness.

2. The ballot of submission shall contain, but need not be limited to:

(1) If the proposal submitted involves only authorization to impose thetax, the following language:

Shall the municipality of ............. (municipality's name) impose asales tax of one-half of one percent for the purpose of funding capitalimprovements which may include the retirement of debt under previouslyauthorized bonded indebtedness?

â ã YES â ã 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"; or

(2) If the proposal submitted involves authorization to issue bonds andrepay such bonds with revenues from the tax authorized by this section, thefollowing language:

Shall the municipality of .............. (municipality's name) issuebonds in the amount of ............ (insert amount) to fund capitalimprovements and impose a sales tax of one-half of one percent to repay suchbonds?

â ã YES â ã 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 box opposite "No". If a majority of the votes cast on the proposal by the qualified votersvoting thereon are in favor of the proposal, then the ordinance* shall be ineffect; provided that any proposal submitted under subdivision (2) of thissubsection must be approved by the constitutionally required percentage of thevoters voting thereon. If a majority of the votes cast by the qualifiedvoters voting are opposed to the proposal, then the governing body of themunicipality shall have no power to issue any bonds or impose the sales taxauthorized in this section unless and until the governing body of themunicipality shall again have submitted another such proposal and the proposalis approved by the requisite majority of the qualified voters voting thereon.However, in no event shall a proposal pursuant to this section be submitted tothe voters sooner than twelve months from the date of the last proposalsubmitted pursuant to this section.

3. No tax imposed pursuant to this section for the purpose of retiringbonds issued under this section may be terminated until all of such bonds havebeen retired.

4. Within thirty days of the approval of a capital improvement sales taxpursuant to this section and section 94.577, the governing body shall chooseone of the following options:

OPTION 1 Eighty-five percent of the moneys generated within each municipality shall beretained in subaccount #1 of the trust fund created in subsection 5 of thissection and shall be returned to that municipality as provided in subdivision(1) of subsection 5 of this section. Fifteen percent of the moneys generatedwithin each municipality shall be retained in subaccount #2 of the trust fundcreated in, and allocated as provided in, subdivision (2) of subsection 5 ofthis section.

OPTION 2 One hundred percent of the moneys generated within each municipality shall beretained in subaccount #2 of the trust fund created in, and allocated asprovided in, subdivision (2) of subsection 5 of this section.

5. The moneys shall be retained in two separate subaccounts in the"Municipal Capital Improvement Sales Tax Fund" which is hereby created in thestate treasury. The fund moneys shall be distributed to each municipality asfollows:

(1) For municipalities choosing Option 1, eighty-five percent of thetaxes collected within each municipality and retained in subaccount #1 of thetrust fund shall be returned to each municipality;

(2) For municipalities choosing Option 2, the moneys retained insubaccount #2 of the trust fund shall be distributed to each municipalitybased on the percentage ratio that the population of that municipality bearsto the total population of all of the municipalities choosing Option 2.

6. All revenue received by a municipality from the tax authorized underthe provisions of this section shall be deposited monthly in a special trustfund and shall be used solely for capital improvements, including theoperation and maintenance of capital improvements, for so long as the taxshall remain in effect. Once the tax authorized by this section is abolishedor is terminated by any means, all funds remaining in the special trust fundrequired by this subsection shall be used solely for the maintenance of thecapital improvements made with revenues raised by the tax authorized by thissection. Any funds in the special trust fund required by this subsectionwhich are not needed for current expenditures may be invested by the governingbody in accordance with applicable laws relating to the investment of othermunicipal funds. The provisions of this subsection shall apply only to taxesauthorized by this section which have not been imposed to retire bonds issuedpursuant to this section.

7. All revenue received by a municipality which issues bonds under thissection and imposes the tax authorized by this section to retire such bondsshall be deposited in a special trust fund and shall be used solely to retiresuch bonds, except to the extent that such funds are required for theoperation and maintenance of capital improvements. Once all of such bondshave been retired, all funds remaining in the special trust fund required bythis subsection shall be used solely for the maintenance of the capitalimprovements made with the revenue received as a result of the issuance ofsuch bonds. Any funds in the special trust fund required by this subsectionwhich are not needed to meet current obligations under the bonds issued underthis section may be invested by the governing body in accordance withapplicable laws relating to the investment of other municipal funds. Theprovisions of this subsection shall apply only to taxes authorized by thissection which have been imposed to retire bonds issued under this section.

8. After the effective date of any tax imposed under the provisions ofthis section, the director of revenue shall perform all functions incident tothe administration, collection, enforcement, and operation of the tax in thesame manner as provided in sections 94.500 to 94.570**, and the director ofrevenue shall collect in addition to the sales tax for the state of Missourithe additional tax authorized under the authority of this section. The taximposed hereunder and the tax imposed under the sales tax law of the state ofMissouri shall be collected together and reported upon such forms and undersuch administrative rules and regulations as may be prescribed by the directorof revenue. Except as modified in this section, all provisions of sections32.085 and 32.087, RSMo, shall apply to the tax imposed under this section.

9. The director of revenue may authorize the state treasurer to makerefunds from the amounts in the trust fund and credited to any municipalityfor erroneous payments and overpayments made, and may redeem dishonored checksand drafts deposited to the credit of such municipalities. If anymunicipality abolishes the tax, the municipality shall notify the director ofrevenue of the action at least ninety days prior to the effective date of therepeal and the director of revenue may order retention in the trust fund, fora period of one year, of two percent of the amount collected after receipt ofsuch notice to cover possible refunds or overpayment of the tax and to redeemdishonored checks and drafts deposited to the credit of such accounts. Afterone year has elapsed after the effective date of abolition of the tax in suchmunicipality, the director of revenue shall remit the balance in the accountto the municipality and close the account of that municipality. The directorof revenue shall notify each municipality of each instance of any amountrefunded or any check redeemed from receipts due the municipality.

10. Any other provision of this chapter notwithstanding, anymunicipality in a charter county, with a population of nine hundred thousandor more which adopted a capital improvement sales tax before August 28, 1995,shall by ordinance select Option 1 or Option 2 within sixty days of August 28,1995.