LA3506-130

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Chapter 130

TAXATION AND FINANCE

ARTICLE I

Fiscal Year

Section 130.010. Fiscal Year Established.

The fiscal year for the City of Laddonia shall begin July 1st of each year.

ARTICLE II

Budget

Section 130.020. Budget Required — Contents — Expenditures Not To Exceed Revenues.

A. Prior to the commencement of each fiscal year, a budget for the City shall be prepared and the same will be presented to and approved by the Board of Aldermen.

B. The annual budget shall present a complete financial plan for the ensuing fiscal year and shall include at least the following information:

1. A budget message describing the important features of the budget and major changes from the preceding year;

2. Estimated revenues to be received from all sources for the budget year, with a comparative statement of actual or estimated revenues for the two (2) years next preceding, itemized by year, fund and source;

3. Proposed expenditures for each department, office, commission, and other classification for the budget year, together with a comparative statement of actual or estimated expenditures for the two (2) years next preceding, itemized by year, fund, activity and object;

4. The amount required for the payment of interest, amortization and redemption charges on the debt of the City; and

5. A general budget summary.

C. In no event shall the total proposed expenditures from any fund exceed the estimated revenues to be received plus any unencumbered balance or less any deficit estimated for the beginning of the budget year, provided that nothing herein shall be construed as requiring the City to use any cash balance as current revenue or to change from a cash basis of financing its expenditures.

Section 130.030. Budget Officer.

A. The budget shall be prepared under the direction of a Budget Officer. Except as otherwise provided by law or ordinance, the Budget Officer shall be designated by the Board of Aldermen of the City. All officers and employees shall cooperate with and provide to the Budget Officer such information and such records as he/she shall require in developing the budget. The Budget Officer shall review all the expenditure requests and revenue estimates, after which he/she shall prepare the proposed budget as defined herein.

B. After the Budget Officer has prepared the proposed budget, he/she shall submit it, along with such supporting schedules, exhibits, and other explanatory material as may be necessary for the proper understanding of the financial needs and position of the City, to the Board of Aldermen. He/she shall submit at the same time complete drafts of such orders, motions, resolutions or ordinances as may be required to authorize the proposed expenditures and produce the revenues necessary to balance the proposed budget.

Section 130.040. Board of Aldermen May Revise Budget, Limits — Approval.

The Board of Aldermen may revise, alter, increase or decrease the items contained in the proposed budget, subject to such limitations as may be provided by law, provided that in no event shall the total authorized expenditures from any fund exceed the estimated revenues to be received plus any unencumbered balance or less any deficit estimated for the beginning of the budget year. Except as otherwise provided by law, the Board of Aldermen shall, before the beginning of the fiscal year, approve the budget and approve or adopt such orders, motions, resolutions or ordinances as may be required to authorize the budgeted expenditures and produce the revenues estimated in the budget.

Section 130.050. Increase of Expenditure Over Budgeted Amount To Be Made Only On Formal Resolution.

After the City has approved the budget for any year and has approved or adopted the orders, motions, resolutions or ordinances required to authorize the expenditures proposed in the budget, the City shall not increase the total amount authorized for expenditure from any fund, unless the Board of Aldermen adopts a resolution setting forth the facts and reasons making the increase necessary and approves or adopts an order, motion, resolution or ordinance to authorize the expenditures.

ARTICLE III

Levy of Taxes 1

Section 130.060. Board of Aldermen To Provide For Levy and Collection of Taxes — Fix Penalties.

The Board of Aldermen shall, from time to time, provide by ordinance for the levy and collection of all taxes, licenses, wharfage and other duties not herein enumerated and, for neglect or refusal to pay the same, shall fix such penalties as are now or may hereafter be authorized by law or ordinance.

Section 130.070. Fixing Ad Valorem Property Tax Rates, Procedure.

The Board of Aldermen shall hold at least one (1) public hearing on the proposed rates of taxes at which citizens shall be heard prior to their approval. The Board of Aldermen shall determine the time and place for such hearing. A notice stating the hour, date and place of the hearing shall be published in at least one (1) newspaper qualified under the laws of the State of Missouri of general circulation in the County within which all or the largest portion of the City is situated, or such notice shall be posted in at least three (3) public places within the City; except that, in any County of the First Class having a Charter form of government, such notice may be published in a newspaper of general circulation within the City even though such newspaper is not qualified under the laws of Missouri for other legal notices. Such notice shall be published or posted at least seven (7) days prior to the date of the hearing. The notice shall include the assessed valuation by category of real, personal and other tangible property in the City for the fiscal year for which the tax is to be levied as provided by Subsection (3) of Section 137.245, RSMo., the assessed valuation by category of real, personal and other tangible property in the City for the preceding taxable year, for each rate to be levied the amount of revenue required to be provided from the property tax as set forth in the annual budget adopted as provided by Chapter 67, RSMo., and the tax rates proposed to be set for the various purposes of taxation. The tax rates shall be calculated to produce substantially the same revenues as required in the annual budget adopted as provided in this Chapter. Following the hearing the Board of Aldermen shall fix the rates of taxes, the same to be entered in the tax book. Failure of any taxpayer to appear at such hearing shall not prevent the taxpayer from pursuit of any other legal remedy otherwise available to the taxpayer. Nothing in this Section absolves the City of responsibilities under Section 137.073, RSMo., nor to adjust tax rates in event changes in assessed valuation occur that would alter the tax rate calculations.

Section 130.080. Assessment — Method of.

In the absence of a City Assessor, and until such City Assessor is duly appointed and qualified, it shall be the duty of the Mayor of the City to procure from the County Clerk of Audrain County, Missouri, on or before the first day of October of each year a certified abstract from his/her assessment books of all property within the corporate limits of the City made taxable by law for State purposes and the assessed valuation thereof as agreed upon by the Board of Equalization, which abstract shall be immediately transmitted to the Board of Aldermen, and it shall be the duty of the Board of Aldermen to establish by ordinance the rate of taxes for the year.

Section 130.090. Clerk To Prepare Tax Books.

When the Board of Aldermen shall have fixed the rate of taxation for any given year, it shall be the duty of the City Clerk to cause to be prepared appropriate and accurate tax books and shall therein set out in suitable columns, opposite the name of each person and the item of taxable property, as returned by the Assessor and Board of Equalization, the amount of taxes, whether general or special, due thereon and shall charge the City Collector with the full amount of taxes levied and to be collected.

Section 130.100. Taxes Delinquent — When.

A. On the first day of January of each year, all unpaid City taxes shall become delinquent and the taxes on real estate are hereby made a lien thereon.

B. Each tract of land in the back tax book, in addition to the amount of tax delinquent, shall be charged with a penalty of eighteen percent (18%) of each year’s delinquency except that the penalty on lands redeemed prior to sale shall not exceed two percent (2%) per month or fractional part thereof.

ARTICLE IV

Sales Tax

Section 130.110. City Sales Tax. [Ord. No. 258 §1, 4-14-1993]

Pursuant to the authority granted by and subject to the provisions of Sections 94.500 to 94.570, RSMo., a tax for general revenue purposes hereby by is 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 Section 144.010 to 144.510, RSMo. (but including residential utilities), and the rules and regulations of the Director of Revenue issued pursuant thereto. The rate of the tax shall be one percent (1%) on the receipts from the sale at retail of all tangible personal property or taxable services at retail within Laddonia, Missouri, if such property and taxable services are subject to taxation by the State of Missouri under the provisions of Sections 144.010 to 144.510, RSMo. (but including residential utilities). The tax shall become effective as provided in Subsection 4 of Section 94.510, RSMo., and shall be collected pursuant to the provisions of Sections 94.500 to 94.570, RSMo.

Section 130.120. (Reserved)

Section 130.130. Capital Improvements Sales Tax. [Ord. No. 268 §§1-4, 1-27-1994]

A. In accordance with Section 94.577, RSMo., there is hereby imposed, levied and assessed a sales tax of one-half of one percent (0.005%) on all retail sales made within the City of Laddonia, Missouri, which are subject to taxation under the provisions of Sections 144.010 to 144.525, RSMo., for the purpose of funding capital improvements.

B. The tax authorized herein shall be in addition to any and all other sales taxes previously imposed, levied or assessed.

Section 130.140. Sales Tax For Hiring of Peace Officer. [Ord. No. 409 §1-6, 12-15-2010]

The City of Laddonia, Missouri, shall impose a City sales tax for its benefit in the amount of one percent (1%).

Section 130.150. (Reserved)

ARTICLE V

Enhanced Enterprise Zone

Section 130.160. Findings; Purpose. [Ord. No. 408 §§1-2, 12-9-2010]

A. The Board of Aldermen of the City of Laddonia recognizes that the City of Laddonia is part of an area of above-State-average unemployment, below-State-average median household income and general economic distress.

B. The City of Laddonia, in cooperation with the State of Missouri, reaffirms its commitment to the economic development of our area.

C. Different enterprise zone incentives may be devised by the Board of Aldermen. Tax abatement is only one of many options.

Section 130.170. Eligibility For Tax Abatement. [Ord. No. 408 §3, 12-9-2010]

A. Chapter 135, Sections 135.950 to 135.973, RSMo., inclusive, provides a means and an opportunity for the City of Laddonia to cooperate with the State of Missouri and others to relieve economic distress and attract new jobs to our area as follows:

1. An enhanced business enterprise shall be eligible for local property tax abatement if established:

a. Under any one (1) of the following North American Industry Classification System (NAICS) two-digit headings (NAICS, the 1997 edition of the North American Industry Classification System as prepared by the Executive Office of President, Office of Management and Budget). Any NAICS sector, subsector, industry group or industry identified in this Section shall include its corresponding classification in subsequent federal industry classification systems:

21

Mining, Quarrying, and Oil and Gas Extraction

22

Utilities

31

Manufacturing

32

Manufacturing

33

Manufacturing

42

Wholesale Trade

48

Transportation and Warehousing

49

Transportation and Warehousing

51

Information

52

Finance and Insurance

54

Professional, Scientific, and Technical Services

55

Management of Companies and Enterprises

56

Administrative and Support and Waste Management and Remediation Services

62

Health Care and Social Assistance

71

Arts, Entertainment, and Recreation

72

Accommodation and Food Services

81

Other Services (except Public Administration)

b. To produce “value-added agricultural products” as defined in Section 348.015(14), RSMo.

c. As an international, national, regional or state headquarters of a revenue producing business or enterprise. “As defined in Section 135.950(7)(b), RSMo., allows service industries to be eligible only if a majority of its annual revenues will be derived from services provided out of the state.”

2. Improvements made to real property used for an enhanced business enterprise that creates and maintains forty (40) or more new jobs shall receive seventy-five percent (75%) real property tax abatement for a term of ten (10) years in accordance with Section 135.963, RSMo.

3. Improvements made to real property used for an enhanced business enterprise that creates fewer than forty (40) jobs shall receive fifty percent (50%) real property tax abatement for a term of ten (10) years in accordance with Section 135.963, RSMo.

Section 130.180. Adoption of Property Tax Abatement Policy. [Ord. No. 408 §4, 12-9-2010]

In accordance with Chapter 135, Section 135.950 through Section 135.973, RSMo., inclusive, the Board of Aldermen of the City of Laddonia, Missouri, hereby establishes and adopts the above property tax abatement policy, effective upon adoptions and to remain in effect in conformance with Chapter 135, Sections 135.950 to 135.973, RSMo., for eligible enhanced business enterprises as defined in Section 130.170(A)(1), commencing operations in a facility, as defined in Section 135.950(8), RSMo., after the state designation date of the Vandalia Area Enhanced Enterprise Zone.

1. Cross Reference: As to notice required for public meeting on tax increases, eminent domain, creation of certain districts, and certain redevelopment plans, §120.045.