12-2536.   Kansas and Missouri metropolitan culturedistrict compact; text of compact.The Kansas and Missouri metropolitan culture district compact is herebyenacted into law and entered into by the state of Kansas with the state ofMissouri legally joining therein, in the form substantially as follows:

      The states of Kansas and Missouri agree to and pledge, each to the other,faithful cooperation in the future planning and development of themetropolitan culture district, holding in high trust for the benefit of itspeople and of the nation, the special blessings and natural advantagesthereof.

      The party states, desiring by common action to fully utilize and improvetheir cultural facilities, coordinate the services of their culturalorganizations, enhance the cultural activities of their citizens, andachieve solid financial support for such cultural facilities, organizationsand activities, declare that it is the policy of each state to realize suchdesires on a basis of cooperation with one another, thereby serving thebest interests of their citizenry and effecting economies in capitalexpenditures and operational costs. The purpose of this compact is toprovide for the creation of a metropolitan culture district as the means toimplementation of the policy herein declared with the most beneficial andeconomical use of human and material resources.

      As used in this compact, unless the context clearly requires otherwise:

      (a)   "Metropolitan culture district" means a political subdivision of thestates of Kansas and Missouri which is created under and pursuant to theprovisions of this compact and which is composed of the counties in thestates of Kansas and Missouri which act to create or to become a part ofthe district in accordance with the provisions of Article IV.

      (b)   "Commission" means the governing body of the metropolitan culturedistrict.

      (c)   "Cultural activities" means sports or activities which contributeto orenhance the aesthetic, artistic, historical, intellectual or socialdevelopment or appreciation of members of the general public.

      (d)   "Cultural organizations" means nonprofit and tax exempt social,civic or community organizations and associations which are dedicated tothe development, provision, operation, supervision, promotion or support ofcultural activities in which members of the general public may engage orparticipate.

      (e)   "Cultural facilities" means facilities operated or used forsports or participation or engagement in cultural activities by membersof thegeneral public.

      (a)   The counties in Kansas and Missouri eligible to create and initiallycompose the metropolitan culture district shall be those counties whichmeet one or more of the following criteria: (1) The county has a populationin excess of 300,000, and is adjacent to the state line; (2) the countycontains a part of a city with a population according to the most recentfederal census of at least 400,000; or (3) the county is contiguous to anycounty described in provisions (1) or (2) of this subpart (a). The countiesof Johnson in Kansas and Jackson in Missouri shall be sine qua nonto the creation and initial composition of the district. Additional countiesin Kansas and Missouri shall be eligible to become a part of themetropolitan culture district if such counties are contiguous to any one ormore of the counties which compose the district and within 60 miles of thecounties required by this article to establish the district.

      (b) (1)   Whenever the governing body of any county which is eligible tocreate or become a part of the metropolitan culture district shalldetermine that creation of or participation in the district is in the bestinterests of the citizens of the county and that the levy of a tax toprovide on a cooperative basis with another county or other counties forfinancial support of the district would be economically practical and costbeneficial to the citizens of the county, the governing body may adopt bymajority vote a resolution authorizing the same.

      (2)   Whenever a petition, signed by not less than the number of qualifiedelectors of an eligible county equal to 5% of the number of ballots castand counted at the last preceding gubernatorial election held in the countyand requesting adoption of a resolution authorizing creation of orparticipation in the metropolitan culture district and the levy of a taxfor the purpose of contributing to the financial support of the district,is filed with the governing body of the county, the governing body shalladopt such a resolution.

      (3)   Implementation of a resolution adopted under this subpart (b) shallbe conditioned upon approval of the resolution by a majority of thequalified electors of the county voting at an election conducted for suchpurpose.

      (c) (1)   Upon adoption of a resolution pursuant to subpart (b)(1) orsubpart (b)(2), the governing body of the county shall request, within 36months after adoption of the resolution, the county election officer tosubmit to the qualified electors of the county the question of whether thegoverning body shall be authorized to implement the resolution. Theresolution shall be printed on the ballot and in the notice of election.The question shall be submitted to the electors of the county at theprimary or general election next following the date of the request filedwith the county election officer. If a majority of the qualified electorsare opposed to implementation of the resolution authorizing creation of orparticipation in the district and the levy of a tax for financial supportthereof, the same shall not be implemented. The governing body of thecounty may renew procedures for authorization to create or become a part ofthe district and to levy a tax for financial support thereof at any timefollowing rejection of the question.

      (2)   The ballot for the proposition in any county shall be substantiallythe following form:

 "Shall a retail sales tax of ________________
| |; Yes (insert amount, not to exceed 1/4 cent)be levied and  collected in  Kansas  and Missouri
| |; Nometropolitan cultural district  consisting of thecounty(ies) of _____________________ for the sup- (insert name of counties)port  of cultural  facilities  and  organizationswithin the district?" 

      The governing body of the county may place additional language on theballot to describe the use or allocation of the funds.

      (d) (1)   The metropolitan culture district shall be created whenimplementation of a resolution authorizing the creation of the district andthe levy of a tax for contribution to the financial support thereof isapproved by respective majorities of the qualified electors of at leastJohnson county, Kansas, and Jackson county, Missouri.

      (2)   When implementation of a resolution authorizing participation in themetropolitan culture district and the levy of a tax for contribution to thefinancial support thereof is approved by a majority of the qualifiedelectors of any county eligible to become a part of the district, thegoverning body of the county shall proceed with the performance of allthings necessary and incidental to participation in the district.

      (3)   Any question for the levy of a tax submitted after July 1, 2000, maybe submitted to the electors of the county at the primary or general electionnext following the date of the request filed with the county election officer;at a special election called and held as otherwise provided by law; at anelection called and held on the first Tuesday after the first Monday inFebruary, except in presidential election years; at an election called and heldon the first Tuesday after the first Monday in March, June, August orNovember; or at an election called and held on the first Tuesday in April,except that no question for a tax levy may be submitted to the electors priorto January 1, 2002.

      (4)   No question shall be submitted to the electors authorizing the levy of atax the proceeds of which will be exclusively dedicated to sports or sportsfacilities.

      (e)   Any of the counties composing the metropolitan culture district maywithdraw from the district by adoption of a resolution and approval of theresolution by a majority of the qualified electors of the county, all inthe same manner provided in this Article IV for creating or becoming a partof the metropolitan culture district. The governing body of a withdrawingcounty shall provide for the sending of formal written notice of withdrawalfrom the district to the governing body of the other county or each of theother counties comprising the district. Actual withdrawal shall not takeeffect until 90 days after notice has been sent. A withdrawing countyshall not be relieved from any obligation which such county may haveassumed or incurred by reason of being a part of the district, including,but not limited to, the retirement of any outstanding bonded indebtednessof the district.

      (a)   The metropolitan culture district shall be governed by themetropolitan culture commission which shall be a body corporate and politicand which shall be composed of resident electors of the states of Kansasand Missouri, respectively, as follows: (1) A member of the governing bodyof each county which is a part of the district, who shall be appointed bymajority vote of such governing body; (2) a member of the governing body ofeach city, with a population according to the most recent federal census ofat least 50,000, located in whole or in part within each county which is apart of the district, who shall be appointed by majority vote of suchgoverning body; (3) two members of the governing body of a countywith a consolidated or unified county government and city of the first classwhich is a part of the district, who shall be appointed by majority vote ofsuch governing body; (4) a member of the arts commissionof Kansas or theKansas commission for the humanities, who shall be appointed by thegovernor of Kansas; and (5) a member of the arts commission of Missourior theMissouri humanities council, who shall be appointed by the governor ofMissouri. To the extent possible, the gubernatorial appointees to thecommission shall be residents of the district. The term of eachcommissioner initially appointed by a county governing body shall expireconcurrently with such commissioner's tenure as a county officer or threeyears after the date of appointment as a commissioner, whichever occurssooner. The term of each commissioner succeeding a commissioner initiallyappointed by a county governing body shall expire concurrently with suchsuccessor commissioner's tenure as a county officer or four years after thedate of appointment as a commissioner, whichever occurs sooner. The termof each commissioner initially appointed by a city governing body shallexpire concurrently with such commissioner's tenure as a city officer ortwo years after the date of appointment as a commissioner, whichever occurssooner. The term of each commissioner succeeding a commissioner initiallyappointed by a city governing body shall expire concurrently with suchsuccessor commissioner's tenure as a city officer or four years after thedate of appointment as a commissioner, whichever occurs sooner. The termof each commissioner appointed by the governor of Kansas or the governor ofMissouri shall expire concurrently with the term of the appointinggovernor, the commissioner's tenure as a state officer, or four years afterthe date of appointment as a commissioner of the district, whichever occurssooner. Any vacancy occurring in a commissioner position for reasons otherthan expiration of terms of office shall be filled for the unexpired termby appointment in the same manner that the original appointment was made.Any commissioner may be removed for cause by the appointing authority ofthe commissioner.

      (b)   The commission shall select annually, from its membership, achairperson, a vice-chairperson, and a treasurer. The treasurer shall bebonded in such amounts as the commission may require.

      (c)   The commission may appoint such officers, agents and employees as itmay require for the performance of its duties, and shall determine thequalifications and duties and fix the compensation of such officers, agentsand employees.

      (d)   The commission shall fix the time and place at which its meetingsshall be held. Meetings shall be held within the district and shall beopen to the public. Public notice shall be given of all meetings.

      (e)   A majority of the commissioners from each state shall constitute, inthe aggregate, a quorum for the transaction of business. No action of thecommission shall be binding unless taken at a meeting at which at least aquorum is present, and unless a majority of the commissioners from eachstate, present at such meeting, shall vote in favor thereof. No action ofthe commission taken at a meeting thereof shall be binding unless thesubject of such action is included in a written agenda for such meeting,the agenda and notice of meeting having been mailed to each commissioner bypostage paid first-class mail at least 14 calendar days prior to themeeting.

      (f)   The commissioners from each state shall be subject to the provisionsof the laws of the states of Kansas and Missouri, respectively, whichrelate to conflicts of interest of public officers and employees. If anycommissioner has a direct or indirect financial interest in any culturalfacility, organization or activity supported by the district or commissionor in any other business transaction of the district or commission, thecommissioner shall disclose such interest in writing to the othercommissioners and shall abstain from voting on any matter relating to suchfacility, organization or activity or to such business transaction.

      (g)   If any action at law or equity, or other legal proceeding, shall bebrought against any commissioner for any act or omission arising out of theperformance of duties as a commissioner, the commissioner shall beindemnified in whole and held harmless by the commission for any judgmentor decree entered against the commissioner and, further, shall be defendedat the cost and expense of the commission in any such proceeding.

      (a)   The commission shall adopt a seal and suitable bylaws governing itsmanagement and procedure.

      (b)   The commission has the power to contract and to be contracted with,and to sue and to be sued.

      (c)   The commission may receive for any of its purposes and functions anycontributions or moneys appropriated by counties or cities and may solicitand receive any and all donations, and grants of money, equipment,supplies, materials and services from any state or the United States or anyagency thereof, or from any institution, foundation, organization, person,firm or corporation, and may utilize and dispose of the same.

      (d)   Upon receipt of recommendations from the advisory committee providedin subsection (g), the commission may provide donations, contributions andgrants or other support, financial or otherwise, for or in aid of culturalorganizations, facilities or activities in counties which are part of thedistrict. In determining whether to provide any such supportthe commission shall consider the following factors:

      (1)   Economic impact upon the district;

      (2)   cultural benefit to citizens of the district and to the generalpublic;

      (3)   contribution to the quality of life and popular image of thedistrict;

      (4)   contribution to the geographical balance of cultural facilities andactivities within and outside the district;

      (5)   the breadth of popular appeal within and outside the district;

      (6)   the needs of the community as identified in an objective culturalneeds assessment study of the metropolitan area; and

      (7)   any other factor deemed appropriate by the commission.

      (e)   The commission may own and acquire by gift, purchase, lease ordevise cultural facilities within the territory of the district. Thecommission may plan, construct, operate and maintain and contract for theoperation and maintenance of cultural facilities within the territory ofthe district. The commission may sell, lease or otherwise dispose ofcultural facilities within the territory of the district.

      (f)   At any time following five years from and after the creation of themetropolitan cultural district as provided in paragraph (1) of subsection(d) of article IV, the commission, may borrow moneys for the planning,construction, equipping, operation, maintenance, repair, extension,expansion, or improvement of any cultural facility and, in that regard, thecommission at such time may:

      (1)   Issue notes, bonds or other instruments in writing of the commissionin evidence of the sum or sums to be borrowed. No notes, bonds or otherinstruments in writing shall be issued pursuant to this subsection untilthe issuance of such notes, bonds or instruments has been submitted to andapproved by a majority of the qualified electors of the district voting atan election called and held thereon. Such election shall be called andheld in the manner provided by the general bond law;

      (2)   issue refunding notes, bonds or other instruments in writing for thepurpose of refunding, extending or unifying the whole or any part of itsoutstanding indebtedness from time to time, whether evidenced by notes,bonds or other instruments in writing. Such refunding notes, bonds orother instruments in writing shall not exceed in amount the principal ofthe outstanding indebtedness to be refunded and the accrued interestthereon to the date of such refunding;

      (3)   provide that all notes, bonds and other instruments in writingissued hereunder shall or may be payable, both as to principal andinterest, from sales tax revenues authorized under this compact anddisbursed to the district by counties comprising the district, admissionsand other revenues collected from the use of any cultural facility orfacilities constructed hereunder, or from any other resources of thecommission, and further may be secured by a mortgage or deed of trust uponany property interest of the commission; and

      (4)   prescribe the details of all notes, bonds or other instruments inwriting, and of the issuance and sale thereof. The commission shall havethe power to enter into covenants with the holders of such notes, bonds orother instruments in writing, not inconsistent with the powers grantedherein, without further legislative authority.

      (g)   The commission shall appoint an advisory committee composed ofmembers of the general public consisting of an equal number of persons fromboth the states of Kansas and Missouri who have demonstrated interest,expertise, knowledge or experience in cultural organizations or activities.The advisory committee shall make recommendations annually to thecommission regarding donations, contributions and grants or other support,financial or otherwise, for or in aid of cultural organizations, facilitiesand activities in counties which are part of the district.

      (h)   The commission may provide for actual and necessary expensesof commissioners and advisory committee members incurred in the performanceof their official duties.

      (i)   The commission shall cause to be prepared annually a report on theoperations and transactions conducted by the commission during thepreceding year. The report shall be submitted to the legislatures andgovernors of the compacting states, to the governing bodies of the countiescomprising the district, and to the governing body of each city thatappoints a commissioner. The commission shall publish the annual report inthe official county newspaper of each of the counties comprising thedistrict.

      (j)   The commission has the power to apply to the congress of the UnitedStates for its consent and approval of the compact. In the absence of theconsent of congress and until consent is secured, the compact is bindingupon the states of Kansas and Missouri in all respects permitted by law forthe two states, without the consent of congress, for the purposesenumerated and in the manner provided in the compact.

      (k)   The commission has the power to perform all other necessary andincidental functions and duties and to exercise all other necessary andappropriate powers not inconsistent with the constitution or laws of theUnited States or of either of the states of Kansas or Missouri toeffectuate the same.

      (a)   The moneys necessary to finance the operation of the metropolitanculture district and the execution of the powers, duties andresponsibilities of the commission shall be appropriated to the commissionby the counties comprising the district. The moneys to be appropriated tothe commission shall be raised by the governing bodies of the respectivecounties by the levy of taxes as authorized by the legislatures of therespective party states.

      (b)   The commission shall not incur any indebtedness or obligation of anykind; nor shall the commission pledge the credit of either or any of thecounties comprising the district or either of the states party to thiscompact, except as authorized by article VI. The budget of the districtshall be prepared, adopted and published as provided by law for otherpolitical subdivisions of the party states. No budget shall be adopted bythe commission until it has been submitted to and reviewed by the governingbodies of the counties comprising the district and the governing body ofeach city represented on the commission.

      (c)   The commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the commission shall beaudited yearly by a certified or licensed public accountant and the reportof the audit shall be included in and become part of the annual report ofthe commission.

      (d)   The accounts of the commission shall be open at any reasonable timefor inspection by duly authorized representatives of the compacting states,the counties comprising the district, the cities that appoint acommissioner, and other persons authorized by the commission.

      (a)   This compact shall enter into force and become effective and bindingupon the states of Kansas and Missouri when it has been enacted into law bythe legislatures of the respective states.

      (b)   Amendments to the compact shall become effective upon enactment bythe legislatures of the respective states.

      This compact shall continue in force and remain binding upon a partystate until its legislature shall have enacted a statute repealing the sameand providing for the sending of formal written notice ofenactment of such statute to the legislature of the other party state.Upon enactment of such a statute by the legislature of either party state,the sending of notice thereof to the other party state, and payment of anyobligations which the metropolitan culture district commission may haveincurred prior to the effective date of such statute, including, but notlimited to, the retirement of any outstanding bonded indebtedness of thedistrict, the agreement of the party states embodied in the compact shallbe deemed fully executed, the compact shall be null and void and of nofurther force or effect, the metropolitan culture district shall bedissolved, and the metropolitan culture district commission shall beabolished.

      The provisions of this compact shall be liberally construed and shall beseverable. If any phrase, clause, sentence or provision of this compact isdeclared to be contrary to the constitution of either of the party statesor of the United States or the applicability thereof to any government,agency, person or circumstance is held invalid, the validity of theremainder of this compact and the applicability thereof to any government,agency, person or circumstance shall not be affected thereby. If thiscompact shall be held contrary to the constitution of either of the statesparty thereto, the compact shall thereby be nullified and voided and of nofurther force or effect.

      History:   L. 1991, ch. 232, § 1;L. 1993, ch. 82, § 1;L. 2000, ch. 140, § 6; July 1.