IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE submitting to the qualified voters of Jackson County, Missouri, at the general election to be held on November 2, 2004, a question levying a retail sales tax of one-fourth (1/4) of one cent in the Kansas and Missouri metropolitan culture district for the renovation of the Truman Sports Complex and enhancement of cultural facilities, organizations, and activities.
Intro
ORDINANCE # 3510, June 28, 2004
INTRODUCED BY Scott Burnett, Dennis Waits, Dan Tarwater, Ronald E. Finley,
Fred Arbanas, Bob Spence, Rhonda L. Shoemaker,
Robert A. Stringfield, and Henry C. Rizzo, County Legislators
Body
WHEREAS, the Kansas and Missouri Metropolitan Culture District Compact (the "Bistate Compact"), codified at K.S.A. 12-2536 et seq. and sections 70.500 et seq., RSMo, and approved by the United States Congress, authorized the creation of the Kansas and Missouri metropolitan culture district ("Bistate Metropolitan District") as a political subdivision of the two states; and,
WHEREAS, in July 1996, the Jackson County Legislature, through Ordinance 2566, did propose and submit to the voters of Jackson County at a general election held on November 5, 1996, the question of whether Jackson County should become a part of the Bistate Metropolitan District; and,
WHEREAS, at the general election held on November 5, 1996, the voters of Jackson County did vote to approve participation in the Bistate Metropolitan District; and,
WHEREAS, pursuant to the Bistate Compact and based upon the approval of participation in the Bistate Metropolitan District by the voters of Jackson County, Missouri, and Johnson County, Kansas, as well as Platte and Clay Counties in Missouri, the Bistate Metropolitan District has been legally authorized and created; and,
WHEREAS, Kauffman Stadium and Arrowhead Stadium are metropolitan assets that have made and will continue to make a substantial contribution to economic activity and the quality of life in the Kansas City metropolitan area if extensive renovations are performed to keep the stadiums competitive with the new or substantially remodeled sports facilities that exist in other major-league metropolitan areas; and,
WHEREAS, metropolitan and local arts and cultural facilities, organizations, and activities are metropolitan assets that generate substantial economic and cultural benefits and contribute to the quality of life and reputation of the Kansas City metropolitan area; and,
WHEREAS, those counties that are or become part of the Bistate Metropolitan District, in order to serve the best interests of their citizenry, are authorized to cooperate to fully utilize and improve metropolitan cultural facilities, coordinate the services of metropolitan cultural organizations, enhance the cultural activities of their citizens, and achieve solid financial support for cultural facilities, organizations and activities comparable to that provided in other major metropolitan areas; and,
WHEREAS, the best interests of the citizenry of Jackson County would be served by proposing to voters the adoption of a retail sales tax to support renovations to Kauffman and Arrowhead Stadiums and to provide financial assistance to metropolitan and local arts and cultural facilities, organizations, and activities (including construction of the Metropolitan Kansas City Performing Arts Center); now therefore,
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:
Section 1. Subject to approval by the voters of the County, the levy of a retailers' sales tax in the amount of one-fourth (1/4) of one cent (.25%), as part of the Bistate Metropolitan District, is hereby authorized for and within Jackson County, Missouri.
Section 2. Pursuant to the provisions of Section 70.500, RSMo, there is hereby submitted to the qualified voters of Jackson County, Missouri, at the general election to be held on November 2, 2004, a question approving a retail sales tax of one-fourth (1/4) of one cent, for the purpose of renovating Kauffman and Arrowhead Stadiums and providing financial assistance to metropolitan and local arts and cultural facilities, organizations, and activities (including construction of the Metropolitan Kansas City Performing Arts Center) . The retail sales tax shall terminate at the end of the calendar quarter as determined by the Bistate Metropolitan District Commission during which the total amount of revenue collected pursuant to this tax is adequate to provide for the earliest repayment of principal of and interest on bonds issued in an initial principal amount sufficient to provide the $360,000,000 in project funding, and related financing costs, for Kauffman and Arrowhead Stadiums.
Section 3. The qualified voters at said election shall vote by ballot and the ballots to be used at said election shall contain the following language:
JACKSON COUNTY, MISSOURI
QUESTION NO. 1
general election
november 2, 2004
official BALLOT
Shall a retail sales tax of one-fourth (1/4) of one cent be levied and collected in Kansas and Missouri metropolitan Culture District ("Bistate Metropolitan District") consisting of Johnson County, Kansas and Jackson County, Missouri, and such other counties which are or may become part of the Bistate Metropolitan District and which authorize this tax to be levied (each a "Participating County"), including the counties of Clay and Platte in Missouri and Wyandotte in Kansas? This proposed tax shall not be effective until approved by a majority of the qualified electors in Johnson County, Kansas, in Jackson County, Missouri, and in Clay County, Missouri, and shall thereafter expire as specified in this ballot question. The revenues collected annually from this tax shall be allocated, administered, and disbursed by the Bistate Commission in the manner and for the purposes described below, which purposes may include the payment of principal of, interest on and financing costs with respect to bonds issued or indebtedness incurred by other public entities in support of the sports facilities projects specified below.
Arts and Culture Share. One-half of all revenues collected annually from this proposed Bistate Metropolitan District tax shall be dedicated to metropolitan and local arts and cultural organizations, facilities and activities (exclusive of sports), including those that contribute to or enhance public appreciation of and access to arts and cultural amenities and activities, and shall be further allocated as follows:
In each of the first four years of the tax, $12,500,000 from the Arts and Culture Share, aggregating $50,000,000 in total, shall be allocated for the Metropolitan Kansas City Performing Arts Center, Inc. to be used by it, in conjunction with other adequate private and public funds, to construct, furnish and equip the Performing Arts Center to be located in downtown Kansas City, Missouri.
The remaining annual revenues from the Arts and Culture Share shall be divided as follows:
Fifty percent (50%) shall be allocated to support, enhance and sustain those regional arts and cultural organizations, facilities and activities serving the Bistate Metropolitan District as are approved by the Bistate Commission upon the recommendations of its Advisory Committee, and
Fifty percent (50%) shall be allocated as follows and used to support, enhance and sustain those arts and cultural organizations, facilities and activities serving a Participating County as are approved by the Bistate Commission upon the recommendations of its Advisory Committee and those of a Citizens Advisory Committee for each Participating County established pursuant to guidelines articulated by the Bistate Commission:
(x) In each of the first ten years of the tax, $5,000,000 shall be allocated to construct, furnish and equip arts and cultural facilities, an aggregate of $25,000,000 of which shall be expended within one or more of the Participating Counties in Kansas and an aggregate of $25,000,000 of which shall be expended within one or more of the Participating Counties in Missouri, and
(y) The remaining annual revenues from this portion of the Arts and Culture Share shall be allocated among the Participating Counties on a pro rata basis according to the percentage of annual total revenues collected from each Participating County.
Sports Facilities Share. One-half of all revenues collected annually from this proposed Bistate Metropolitan District tax shall be dedicated to sports facilities, and further allocated as follows:
One-half of the Sports Facilities Share shall be used by the Bistate Commission, upon the recommendations of a Metropolitan Stadium Improvements Board ("Board") established by the Bistate Commission and composed of representatives from the Participating Counties, to provide project funding in an amount not to exceed $180,000,000 plus related debt service and financing costs, to be used in conjunction with other private and public funds to renovate, remodel, expand, upgrade, furnish and equip Arrowhead Stadium and adjacent supporting facilities at the Truman Sports Complex in Jackson County, Missouri, and
One-half of the Sports Facilities Share shall be used by the Bistate Commission, upon the recommendations of the Board, to provide project funding in an amount not to exceed $180,000,000 plus related debt service and financing costs, to be used in conjunction with other private and public funds to renovate, remodel, expand, upgrade, furnish and equip Kauffman Stadium and adjacent supporting facilities at the Truman Sports Complex in Jackson County, Missouri.
Commencement and Expiration of Tax. Collection of this proposed retail sales tax of one-fourth (1/4) of one cent shall commence on the first day of the second calendar quarter following voter approval as required herein. This tax shall terminate at the end of the calendar quarter as determined by the Bistate Commission during which the total amount of revenue collected pursuant to this tax is adequate to provide for the earliest repayment of principal of and interest on bonds issued in an initial principal amount sufficient to provide project funding in an amount not to exceed $360,000,000, and related financing costs, for the sports facilities described above.
YES G
NO G
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."
(Full text of the Ordinance authorizing submission of the above question is printed below.)
Section 4. If a majority of the qualified voters voting at said election in Jackson County, Missouri, in Clay County, Missouri, and in Johnson County, Kansas, shall vote in favor of the approval of this question, then the tax provisions of this Ordinance shall be binding and become effective April 1, 2005.
Section 5. This Ordinance shall be published as required by law.
Section 6. The Clerk of the Legislature is hereby authorized and directed to notify the Jackson County Board of Election Commissioners and the Kansas City Board of Election Commissioners of the adoption of this Ordinance no later than August 24, 2004, by 5:00 p.m., and to include in said notification all the terms and provisions required by Section 115.125, RSMo.
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
_____________________________ ____________________________
Acting County Counselor
I hereby certify that the attached Ordinance, Ordinance # 3510 introduced on June 28, 2004 was duly passed on ____July 6___________, 2004, by the Jackson County Legislature. The votes thereon were as follows:
Yeas _____8_______ Nays ______0_______
Abstaining ____0____ Absent _____1______
This Ordinance is hereby transmitted to the County Executive for her signature.
_____________________ _______________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance # 3510.
____________________ ________________________________
Date Katheryn J. Shields, County Executive