12-2536. Kansas and Missouri metropolitan culture district compact; text of compact.
12-2536
12-2536. Kansas and Missouri metropolitan culture
district compact; text of compact.
The Kansas and Missouri metropolitan culture district compact is hereby
enacted into law and entered into by the state of Kansas with the state of
Missouri legally joining therein, in the form substantially as follows:
Kansas and Missouri Metropolitan
Culture District Compact
Article I.--Agreement and Pledge
The states of Kansas and Missouri agree to and pledge, each to the other,
faithful cooperation in the future planning and development of the
metropolitan culture district, holding in high trust for the benefit of its
people and of the nation, the special blessings and natural advantages
thereof.
Article II.--Policy and Purpose
The party states, desiring by common action to fully utilize and improve
their cultural facilities, coordinate the services of their cultural
organizations, enhance the cultural activities of their citizens, and
achieve solid financial support for such cultural facilities, organizations
and activities, declare that it is the policy of each state to realize such
desires on a basis of cooperation with one another, thereby serving the
best interests of their citizenry and effecting economies in capital
expenditures and operational costs. The purpose of this compact is to
provide for the creation of a metropolitan culture district as the means to
implementation of the policy herein declared with the most beneficial and
economical use of human and material resources.
Article III.--Definitions
As used in this compact, unless the context clearly requires otherwise:
(a) "Metropolitan culture district" means a political subdivision of the
states of Kansas and Missouri which is created under and pursuant to the
provisions of this compact and which is composed of the counties in the
states of Kansas and Missouri which act to create or to become a part of
the district in accordance with the provisions of Article IV.
(b) "Commission" means the governing body of the metropolitan culture
district.
(c) "Cultural activities" means sports or activities which contribute
to or
enhance the aesthetic, artistic, historical, intellectual or social
development 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 to
the development, provision, operation, supervision, promotion or support of
cultural activities in which members of the general public may engage or
participate.
(e) "Cultural facilities" means facilities operated or used for
sports or participation or engagement in cultural activities by members
of the
general public.
Article IV.--The District
(a) The counties in Kansas and Missouri eligible to create and initially
compose the metropolitan culture district shall be those counties which
meet one or more of the following criteria: (1) The county has a population
in excess of 300,000, and is adjacent to the state line; (2) the county
contains a part of a city with a population according to the most recent
federal census of at least 400,000; or (3) the county is contiguous to any
county described in provisions (1) or (2) of this subpart (a). The counties
of Johnson in Kansas and Jackson in Missouri shall be sine qua non
to the creation and initial composition of the district. Additional counties
in Kansas and Missouri shall be eligible to become a part of the
metropolitan culture district if such counties are contiguous to any one or
more of the counties which compose the district and within 60 miles of the
counties required by this article to establish the district.
(b) (1) Whenever the governing body of any county which is eligible to
create or become a part of the metropolitan culture district shall
determine that creation of or participation in the district is in the best
interests of the citizens of the county and that the levy of a tax to
provide on a cooperative basis with another county or other counties for
financial support of the district would be economically practical and cost
beneficial to the citizens of the county, the governing body may adopt by
majority vote a resolution authorizing the same.
(2) Whenever a petition, signed by not less than the number of qualified
electors of an eligible county equal to 5% of the number of ballots cast
and counted at the last preceding gubernatorial election held in the county
and requesting adoption of a resolution authorizing creation of or
participation in the metropolitan culture district and the levy of a tax
for the purpose of contributing to the financial support of the district,
is filed with the governing body of the county, the governing body shall
adopt such a resolution.
(3) Implementation of a resolution adopted under this subpart (b) shall
be conditioned upon approval of the resolution by a majority of the
qualified electors of the county voting at an election conducted for such
purpose.
(c) (1) Upon adoption of a resolution pursuant to subpart (b)(1) or
subpart (b)(2), the governing body of the county shall request, within 36
months after adoption of the resolution, the county election officer to
submit to the qualified electors of the county the question of whether the
governing body shall be authorized to implement the resolution. The
resolution shall be printed on the ballot and in the notice of election.
The question shall be submitted to the electors of the county at the
primary or general election next following the date of the request filed
with the county election officer. If a majority of the qualified electors
are opposed to implementation of the resolution authorizing creation of or
participation in the district and the levy of a tax for financial support
thereof, the same shall not be implemented. The governing body of the
county may renew procedures for authorization to create or become a part of
the district and to levy a tax for financial support thereof at any time
following rejection of the question.
(2) The ballot for the proposition in any county shall be substantially
the 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
| |; No
metropolitan cultural district consisting of the
county(ies) of _____________________ for the sup-
(insert name of counties)
port of cultural facilities and organizations
within the district?"
The governing body of the county may place additional language on the
ballot to describe the use or allocation of the funds.
(d) (1) The metropolitan culture district shall be created when
implementation of a resolution authorizing the creation of the district and
the levy of a tax for contribution to the financial support thereof is
approved by respective majorities of the qualified electors of at least
Johnson county, Kansas, and Jackson county, Missouri.
(2) When implementation of a resolution authorizing participation in the
metropolitan culture district and the levy of a tax for contribution to the
financial support thereof is approved by a majority of the qualified
electors of any county eligible to become a part of the district, the
governing body of the county shall proceed with the performance of all
things necessary and incidental to participation in the district.
(3) Any question for the levy of a tax submitted after July 1, 2000, may
be submitted to the electors of the county at the primary or general election
next 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 an
election called and held on the first Tuesday after the first Monday in
February, except in presidential election years; at an election called and held
on the first Tuesday after the first Monday in March, June, August or
November; 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 prior
to January 1, 2002.
(4) No question shall be submitted to the electors authorizing the levy of a
tax the proceeds of which will be exclusively dedicated to sports or sports
facilities.
(e) Any of the counties composing the metropolitan culture district may
withdraw from the district by adoption of a resolution and approval of the
resolution by a majority of the qualified electors of the county, all in
the same manner provided in this Article IV for creating or becoming a part
of the metropolitan culture district. The governing body of a withdrawing
county shall provide for the sending of formal written notice of withdrawal
from the district to the governing body of the other county or each of the
other counties comprising the district. Actual withdrawal shall not take
effect until 90 days after notice has been sent. A withdrawing county
shall not be relieved from any obligation which such county may have
assumed or incurred by reason of being a part of the district, including,
but not limited to, the retirement of any outstanding bonded indebtedness
of the district.
Article V.--The Commission
(a) The metropolitan culture district shall be governed by the
metropolitan culture commission which shall be a body corporate and politic
and which shall be composed of resident electors of the states of Kansas
and Missouri, respectively, as follows: (1) A member of the governing body
of each county which is a part of the district, who shall be appointed by
majority vote of such governing body; (2) a member of the governing body of
each city, with a population according to the most recent federal census of
at least 50,000, located in whole or in part within each county which is a
part of the district, who shall be appointed by majority vote of such
governing body; (3) two members of the governing body of a county
with a consolidated or unified county government and city of the first class
which is a part of the district, who shall be appointed by majority vote of
such governing body; (4) a member of the arts commission
of Kansas or the
Kansas commission for the humanities, who shall be appointed by the
governor of Kansas; and (5) a member of the arts commission of Missouri
or the
Missouri humanities council, who shall be appointed by the governor of
Missouri. To the extent possible, the gubernatorial appointees to the
commission shall be residents of the district. The term of each
commissioner initially appointed by a county governing body shall expire
concurrently with such commissioner's tenure as a county officer or three
years after the date of appointment as a commissioner, whichever occurs
sooner. The term of each commissioner succeeding a commissioner initially
appointed by a county governing body shall expire concurrently with such
successor commissioner's tenure as a county officer or four years after the
date of appointment as a commissioner, whichever occurs sooner. The term
of each commissioner initially appointed by a city governing body shall
expire concurrently with such commissioner's tenure as a city officer or
two years after the date of appointment as a commissioner, whichever occurs
sooner. The term of each commissioner succeeding a commissioner initially
appointed by a city governing body shall expire concurrently with such
successor commissioner's tenure as a city officer or four years after the
date of appointment as a commissioner, whichever occurs sooner. The term
of each commissioner appointed by the governor of Kansas or the governor of
Missouri shall expire concurrently with the term of the appointing
governor, the commissioner's tenure as a state officer, or four years after
the date of appointment as a commissioner of the district, whichever occurs
sooner. Any vacancy occurring in a commissioner position for reasons other
than expiration of terms of office shall be filled for the unexpired term
by appointment in the same manner that the original appointment was made.
Any commissioner may be removed for cause by the appointing authority of
the commissioner.
(b) The commission shall select annually, from its membership, a
chairperson, a vice-chairperson, and a treasurer. The treasurer shall be
bonded in such amounts as the commission may require.
(c) The commission may appoint such officers, agents and employees as it
may require for the performance of its duties, and shall determine the
qualifications and duties and fix the compensation of such officers, agents
and employees.
(d) The commission shall fix the time and place at which its meetings
shall be held. Meetings shall be held within the district and shall be
open to the public. Public notice shall be given of all meetings.
(e) A majority of the commissioners from each state shall constitute, in
the aggregate, a quorum for the transaction of business. No action of the
commission shall be binding unless taken at a meeting at which at least a
quorum is present, and unless a majority of the commissioners from each
state, present at such meeting, shall vote in favor thereof. No action of
the commission taken at a meeting thereof shall be binding unless the
subject of such action is included in a written agenda for such meeting,
the agenda and notice of meeting having been mailed to each commissioner by
postage paid first-class mail at least 14 calendar days prior to the
meeting.
(f) The commissioners from each state shall be subject to the provisions
of the laws of the states of Kansas and Missouri, respectively, which
relate to conflicts of interest of public officers and employees. If any
commissioner has a direct or indirect financial interest in any cultural
facility, organization or activity supported by the district or commission
or in any other business transaction of the district or commission, the
commissioner shall disclose such interest in writing to the other
commissioners and shall abstain from voting on any matter relating to such
facility, organization or activity or to such business transaction.
(g) If any action at law or equity, or other legal proceeding, shall be
brought against any commissioner for any act or omission arising out of the
performance of duties as a commissioner, the commissioner shall be
indemnified in whole and held harmless by the commission for any judgment
or decree entered against the commissioner and, further, shall be defended
at the cost and expense of the commission in any such proceeding.
Article VI.--Powers and Duties of the Commission
(a) The commission shall adopt a seal and suitable bylaws governing its
management 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 any
contributions or moneys appropriated by counties or cities and may solicit
and receive any and all donations, and grants of money, equipment,
supplies, materials and services from any state or the United States or any
agency 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 provided
in subsection (g), the commission may provide donations, contributions and
grants or other support, financial or otherwise, for or in aid of cultural
organizations, facilities or activities in counties which are part of the
district. In determining whether to provide any such support
the commission shall consider the following factors:
(1) Economic impact upon the district;
(2) cultural benefit to citizens of the district and to the general
public;
(3) contribution to the quality of life and popular image of the
district;
(4) contribution to the geographical balance of cultural facilities and
activities 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 cultural
needs 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 or
devise cultural facilities within the territory of the district. The
commission may plan, construct, operate and maintain and contract for the
operation and maintenance of cultural facilities within the territory of
the district. The commission may sell, lease or otherwise dispose of
cultural facilities within the territory of the district.
(f) At any time following five years from and after the creation of the
metropolitan 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, the
commission at such time may:
(1) Issue notes, bonds or other instruments in writing of the commission
in evidence of the sum or sums to be borrowed. No notes, bonds or other
instruments in writing shall be issued pursuant to this subsection until
the issuance of such notes, bonds or instruments has been submitted to and
approved by a majority of the qualified electors of the district voting at
an election called and held thereon. Such election shall be called and
held in the manner provided by the general bond law;
(2) issue refunding notes, bonds or other instruments in writing for the
purpose of refunding, extending or unifying the whole or any part of its
outstanding indebtedness from time to time, whether evidenced by notes,
bonds or other instruments in writing. Such refunding notes, bonds or
other instruments in writing shall not exceed in amount the principal of
the outstanding indebtedness to be refunded and the accrued interest
thereon to the date of such refunding;
(3) provide that all notes, bonds and other instruments in writing
issued hereunder shall or may be payable, both as to principal and
interest, from sales tax revenues authorized under this compact and
disbursed to the district by counties comprising the district, admissions
and other revenues collected from the use of any cultural facility or
facilities constructed hereunder, or from any other resources of the
commission, and further may be secured by a mortgage or deed of trust upon
any property interest of the commission; and
(4) prescribe the details of all notes, bonds or other instruments in
writing, and of the issuance and sale thereof. The commission shall have
the power to enter into covenants with the holders of such notes, bonds or
other instruments in writing, not inconsistent with the powers granted
herein, without further legislative authority.
(g) The commission shall appoint an advisory committee composed of
members of the general public consisting of an equal number of persons from
both 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 the
commission regarding donations, contributions and grants or other support,
financial or otherwise, for or in aid of cultural organizations, facilities
and activities in counties which are part of the district.
(h) The commission may provide for actual and necessary expenses
of commissioners and advisory committee members incurred in the performance
of their official duties.
(i) The commission shall cause to be prepared annually a report on the
operations and transactions conducted by the commission during the
preceding year. The report shall be submitted to the legislatures and
governors of the compacting states, to the governing bodies of the counties
comprising the district, and to the governing body of each city that
appoints a commissioner. The commission shall publish the annual report in
the official county newspaper of each of the counties comprising the
district.
(j) The commission has the power to apply to the congress of the United
States for its consent and approval of the compact. In the absence of the
consent of congress and until consent is secured, the compact is binding
upon the states of Kansas and Missouri in all respects permitted by law for
the two states, without the consent of congress, for the purposes
enumerated and in the manner provided in the compact.
(k) The commission has the power to perform all other necessary and
incidental functions and duties and to exercise all other necessary and
appropriate powers not inconsistent with the constitution or laws of the
United States or of either of the states of Kansas or Missouri to
effectuate the same.
Article VII.--Finance
(a) The moneys necessary to finance the operation of the metropolitan
culture district and the execution of the powers, duties and
responsibilities of the commission shall be appropriated to the commission
by the counties comprising the district. The moneys to be appropriated to
the commission shall be raised by the governing bodies of the respective
counties by the levy of taxes as authorized by the legislatures of the
respective party states.
(b) The commission shall not incur any indebtedness or obligation of any
kind; nor shall the commission pledge the credit of either or any of the
counties comprising the district or either of the states party to this
compact, except as authorized by article VI. The budget of the district
shall be prepared, adopted and published as provided by law for other
political subdivisions of the party states. No budget shall be adopted by
the commission until it has been submitted to and reviewed by the governing
bodies of the counties comprising the district and the governing body of
each city represented on the commission.
(c) The commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the commission shall be
audited yearly by a certified or licensed public accountant and the report
of the audit shall be included in and become part of the annual report of
the commission.
(d) The accounts of the commission shall be open at any reasonable time
for inspection by duly authorized representatives of the compacting states,
the counties comprising the district, the cities that appoint a
commissioner, and other persons authorized by the commission.
Article VIII.--Entry into Force
(a) This compact shall enter into force and become effective and binding
upon the states of Kansas and Missouri when it has been enacted into law by
the legislatures of the respective states.
(b) Amendments to the compact shall become effective upon enactment by
the legislatures of the respective states.
Article IX.--Termination
This compact shall continue in force and remain binding upon a party
state until its legislature shall have enacted a statute repealing the same
and providing for the sending of formal written notice of
enactment 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 any
obligations which the metropolitan culture district commission may have
incurred prior to the effective date of such statute, including, but not
limited to, the retirement of any outstanding bonded indebtedness of the
district, the agreement of the party states embodied in the compact shall
be deemed fully executed, the compact shall be null and void and of no
further force or effect, the metropolitan culture district shall be
dissolved, and the metropolitan culture district commission shall be
abolished.
Article X.--Construction and Severability
The provisions of this compact shall be liberally construed and shall be
severable. If any phrase, clause, sentence or provision of this compact is
declared to be contrary to the constitution of either of the party states
or of the United States or the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If this
compact shall be held contrary to the constitution of either of the states
party thereto, the compact shall thereby be nullified and voided and of no
further force or effect.
History: L. 1991, ch. 232, § 1;
L. 1993, ch. 82, § 1;
L. 2000, ch. 140, § 6; July 1.