§ 64-81. Construction of fixed rail transit system.

(a)

Regulated activities. Except as provided in this section, the city and any and all city officers, agents, and employees are prohibited from causing the following without complying with subsection (b) of this section:

(1)

Construction of any new fixed rail transit system or addition to or expansion of any existing fixed rail transit system; or

(2)

Purchase of land on which to construct any new fixed rail transit system or any addition to or expansion of any existing fixed rail transit system.

(b)

Election required. Before any action is taken to accomplish any activity defined in subsection (a) of this section, the proposed action must be presented to the voters of the city for their approval by a majority of those voting. This question may be joined with any measure required for voter approval of any means of funding the activities defined in subsection (a) of this section.

(c)

Planning permitted. This section does not prohibit the planning necessary to construct or prepare for the construction of any new fixed rail transit system or addition to or expansion of any existing fixed rail transit system.

(d)

Limitation on use of public funds. Consistent with the prohibition contained in RSMo 115.646, the city and any and all city officers, agents and employees will not use public funds for the purpose of advocating, supporting or opposing any ballot measure required by this section.

(e)

This section shall not be interpreted or enforced so as to violate any person's rights under the Constitutions of the United States or Missouri.

(f)

Definitions. As used in this section:

Addition to. The process of uniting the existing fixed rail transit system, with a newly built fixed rail transit system.

Existing fixed rail transit system. The electronically driven rail transit system that is commonly known as the "Downtown Street Car Transit System" as that phrase is used in Ordinance No. 140581, including any southerly extension as proposed by the Kansas City Main Street Rail Transportation Development District and any northerly extension terminating in the general vicinity of the Missouri River and Berkley Riverfront Park, to the same extent and effect as if such extension or extensions were in full operation as of the adoption of this section.

Expansion. An enlargement in scope or operation of the existing fixed rail transit system.

Fixed rail transit system is a means of conveyance of passengers and goods, by way of vehicles running on rails.

New. A fixed rail transit system that is not to be united with the existing fixed rail transit system following its construction.

(Ord. No. 170042 , § 5, 3-23-17; Ord. No. 171032 , § 1, 1-18-18)