PUBLIC HEARING to consider comment from the public concerning the Governing Body’s
consideration whether to exceed the Topeka Metro Transit Authority’s revenue neutral rate of 3.832 and impose a proposed tax rate of 4.2 mills.

RESOLUTION introduced by City Manager Dr. Robert M. Perez, to levy a property tax rate on behalf of the Topeka Metro Transit Authority (TMTA) that exceeds the Revenue Neutral Rate.

Voting Requirement: Action requires at least six (6) votes of the Governing Body.

(Approval would determine whether or not to exceed the TMTA's RNR of 3.832 and impose a rate of 4.2 mills)

Action requires at least six (6) votes of the Governing Body.

K.S.A. 79-2988, as amended, requires the Governing Body to hold a public hearing, to allow comment regarding exceeding the revenue neutral rate. After the public hearing is conducted, the Governing Body must determine whether or not to exceed the TMTA's RNR of 3.832 and impose a rate of 4.2 mills.

Staff recommends the Governing Body conduct the public hearing as required by K.S.A. 79-2988. After the public hearing is closed, Staff recommends the Governing Body move to approve the resolution.

The City's budget includes a levy on behalf of the TMTA. TMC A9-2 requires the Governing Body to levy a tax of 4.2 mills on behalf of the TMTA, the proceeds of which are used to provide funding for bus services. However, the County Clerk, in accordance with K.S.A. 79-2988, as amended, has established the RNR rate for the TMTA at 3.832. This means that the Governing Body cannot levy a tax of 4.2 mills unless it first passes a resolution to exceed the TMTA's RNR of 3.832. Before the Governing Body can consider a resolution, it must entertain comment from the public. After considering comment the law requires the Governing Body to vote on the resolution before closing the public hearing.

There is no budgetary impact to the City since this is a pass-through fund.

Not Appliable.