Finance & Audit Committee
Amendment
August 19, 2002
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 5, 2002, a question approving a retail sales tax of one-eighth (1/8) of one cent for the support of cultural facilities and organizations within the Kansas and Missouri Metropolitan Culture District.
Intro
ORDINANCE 3280, August 12, 2002
INTRODUCED BY Scott Burnett, County Legislator
Body
WHEREAS, the legislatures of Kansas and Missouri have each enacted the Kansas and Missouri Metropolitan Culture District Compact, codified at K.S.A. 12-2536 et seq. and sections 70.500 et seq., RSMo, as amended, which was approved by the 103rd United States Congress in 1994, pursuant to United States House of Representatives Resolution 4896, creating the ability of certain counties in Kansas and Missouri to form a metropolitan culture district, and which Compact was amended in the 90th General Assembly in Missouri in 2000 and which amendments were approved by the United States Congress; and,
WHEREAS, the citizens and voters of Jackson, Clay, and Platte Counties in Missouri and Johnson County in Kansas approved the creation of a metropolitan culture district and a retail sales tax of one-eighth (1/8) of one cent a levy for the purpose of restoring Union Station and the creation of a science museum at Union Station on November 5, 1996, to terminate upon the collection of $118,000,000 from the District; and,
WHEREAS, the restoration of Union Station and development of a science museum were successfully completed and the tax therefor did terminate on March 31, 2002; and,
WHEREAS, the restoration of Union Station and construction of Science City represented an historic opportunity for cooperation among the citizens of the metropolitan area served by the District; and,
WHEREAS, the Legislature has determined that it is in the best interest of the citizens of the county that the renewal of a tax for the financial support of the District on a cooperative basis with other counties would be economically practical and cost beneficial to the citizens of the County; that it is desirable to fully improve the cultural facilities, coordinate the services of cultural organizations, enhance the cultural activities of the citizens, and achieve solid financial support for such cultural facilities, organizations, and activities, thereby serving the best interests of the citizenry and effecting economies in capital expenditures and operational costs; and,
WHEREAS, the citizens of the participating counties should be given the opportunity to vote upon the renewal of a retail sales tax for the metropolitan culture district; 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-eighth (1/8) of one cent for financing the District is hereby authorized for and within Jackson County, Missouri;
Section 2. Pursuant to the provisions of section 70.500, RSMo 2000, as amended, there is hereby submitted to the qualified voters of Jackson County, Missouri, at the general election to be held on November 5, 2002, a question approving a retail sales tax of one-eighth (1/8) of one cent for the support of cultural facilities and organizations within the District. The retail sales tax shall terminate at the end of the later of ten (10) years or the calendar quarter in which the total amount of revenue collected pursuant to this Bistate Metropolitan District tax is sufficient to provide funding up to the amount set forth in the Official Ballot attached hereto, plus any related debt service, for the performing arts center construction project set forth in the Official Ballot.
Section 3. The qualified voters at said election shall vote by ballot and the ballots to be used as said election shall contain the following language:
JACKSON COUNTY, MISSOURI
QUESTION NO. ____
GENERAL ELECTION
NOVEMBER 5, 2002
OFFICIAL BALLOT
Shall a retail sales tax of one-eighth (1/8) 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 have joined or may join the Bistate Metropolitan District and authorize this tax to be levied (each a "Participating County"), including the counties of Clay and Platte in Missouri and Wyandotte in Kansas, for the support of cultural facilities and organizations within the Bistate Metropolitan District as described below? This proposed Bistate Metropolitan District tax shall renew the retail sales tax of one-eighth (1/8) of one cent previously levied and collected for the restoration of Union Station and related purposes.
The revenue collected annually 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 and interest on bonds issued or indebtedness incurred by the Bistate Metropolitan District or others in support of such purposes.
All revenues collected annually from this proposed Bistate Metropolitan District tax shall be dedicated to metropolitan and local arts and cultural organizations, activities and facilities. Thirty percent (30%) of such revenues shall initially be used by the Bistate Metropolitan District to provide funding in an amount up to $40,000,000, plus any related debt service, to be used in conjunction with other private and public funds to construct, furnish and equip a regional performing arts center, related parking and adjacent supporting facilities in downtown Kansas City, Missouri. Of the balance of such annual revenues,
(a) forty percent (40%) or an amount not less than $80,000,000 for the following projects:
1) An amount not less than $40,000,000 to construct, furnish and equip the Eastern Jackson County Performing Arts Center to be located within the legal confines of the City of Independence; and
2) An amount not less than $7,000,000 to construct, furnish and equip the City of Raytown's Trails Center Amphitheater to be located within the legal confines of the City of Raytown.
3) An amount not less than $20,000,000 as an operational endowment for the 18th & Vine Museum which includes the Negro Leagues Baseball Museum, the Jazz Museum and the GEM Theatre.
4) An amount not less than $10,000,000 as an operational endowment for the Alvin Ailey Dance Theatre.
5) An amount not less than $3,000,000 as an operational endowment for the Avila School for Performing Arts.
A minimum of Twenty (20%) percent minority business and women's business enterprise participation will be required.
(b) thirty percent (30%) shall be provided to support arts and cultural organizations, activities and facilities serving the Bistate Metropolitan District, with at least one-half of this portion being provided to well-recognized arts and cultural organizations, activities or facilities with substantial economic impact, cultural benefit or popular appeal, such as The Nelson Atkins Museum of Art, The Starlight Theatre, The Carlsen Center, Harriman Arts Program of William Jewell College, Harry S. Truman Library, 18th and Vine District, The Kansas City Symphony, The Theatre in the Park and The Children's Museum of Kansas City; and
(c) thirty percent (30%) shall be provided within each Participating County, on a pro rata basis according to revenue collected from each Participating County, to support local community arts and cultural organizations, activities and facilities.
This proposed retail sales tax of one-eighth (1/8) of one cent shall terminate at the end of the later of ten (10) years or the calendar quarter in which the total amount of revenue collected pursuant to this Bistate Metropolitan District tax is sufficient to provide funding up to the amount set forth above, plus any related debt service, for the performing arts center construction project set forth above.
YES 9
NO 9
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 both Jackson County, Missouri, and Johnson County, Kansas, shall vote in favor of the approval of this question, then the provisions of this Ordinance shall be binding and become effective April 1, 2003.
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 27, 2002, by 5:00 p.m., and to include in said notification all the terms and provisions required by section 115.125, RSMo 2000.
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
______________________ ____________________________
County Counselor
I hereby certify that the attached Ordinance, Ordinance #3280 introduced on August 12, 2002 was duly passed on _______August 19________, 2002, by the Jackson County Legislature. The votes thereon were as follows:
Yeas ______8______ Nays ______1_______
Abstaining ___0_____ Absent ____0_______
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 # 3280.
____________________ ________________________________
Date Katheryn J. Shields, County Executive