SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080484

Providing for submission to the qualified voters of the City for their approval at an election called for Tuesday, August 5, 2008, the question of increasing the tax levy for museum purposes to ten cents ($.10) per one hundred dollars ($100.00) assessed valuation on real and tangible personal property within the City; directing the City Clerk to notify the responsible election authorities of this election; stating the intention of the Council to impose certain requirements on any museum facilities receiving funds from the museum levy and to create a museum levy advisory board and recognizing this ordinance to be an emergency measure. 

WHEREAS, Section 102 of the City Charter empowers the City with all powers conferred by law and all powers which the General Assembly of the State of Missouri has authority to confer upon the City and those powers include the power to impose a tax on the assessed valuation of real and tangible personal property located within the City and the power to construct, operate, improve or expand museum facilities; and

WHEREAS, the Citys current levy for the tax on the assessed valuation of real and tangible personal property located within the City for museum purposes is two cents ($.02) per one hundred dollars ($100.00) of assessed valuation on real and tangible personal property within the City; and

  WHEREAS, Section 92.035, RSMo, currently authorizes the submission to a vote of the people of an increase in the current rate of the levy for the tax on real and tangible personal property located within the City for museum purposes up to ten cents ($.10) per one hundred dollars ($100.00) of assessed valuation and specifies that [T]he proceeds of the tax representing a rate of at least three cents on each one hundred dollars of assessed valuation to be used for the operation, improvement or construction expansion of museum facilities in existence on August 13, 1978, and the remaining proceeds of the tax to be used exclusively for the construction, operation, improvement, or expansion of additional facilities for such museum and no other; and

  WHEREAS, it is the Councils intent that whenever revenues generated by the museum tax levy are used for museum purposes, those revenues will be made available only through contracts providing clear performance measures and standards for museum operations; and

WHEREAS, contracts with museums receiving funding from this tax levy shall require the museums to submit certain information to the City for approval; and

WHEREAS, museums receiving funding from this tax levy must post their federal tax returns (currently known as Form 990) on their websites and/or make them available to the public upon request; and

WHEREAS, museums must maintain their federal tax-exempt status; and

WHEREAS, the Council has determined that submitting to the voters a proposal for increasing the museum tax levy to ten cents ($.10) per one hundred dollars ($100.00) of assessed valuation will provide more adequate revenues for the museum purposes and needs of the City than can presently be provided without further straining the Citys ability to provide its citizens with other basic services supported by general tax revenues; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Election called. An election is hereby called and shall be held in Kansas City, Missouri, on Tuesday, August 5, 2008, at which election there shall be submitted to the qualified electors of Kansas City, Missouri, a proposition hereinafter set out to authorize an increase in the tax levy for museum purposes from two cents ($.02) to ten cents ($.10) per one hundred dollars ($100.00) assessed valuation on real and tangible personal property located within the City.

Section 2. Ballot language. The ballot language shall be in substantially the following form:

QUESTION _____

SHALL THE FOLLOWING BE APPROVED?

Shall there be an increased tax levy of 10 cents per $100 assessed valuation on real and tangible personal property located in the City of Kansas City, Missouri for museum purposes with the revenues derived from 3 cents of the levy to be used for Kansas City Museum facilities in existence prior to August 13, 1978, and the revenues derived from the following portions of the levy to be used for additional facilities for the Kansas City Museum in the following locations, pursuant to Section 92.035, RSMo: 3 cents for Union Station Kansas City; 1 cent for the American Jazz Museum; cent for the Negro Leagues Baseball Museum; cent for the Buck ONeil Center; 1 cent for Liberty Memorial; cent for Bruce R. Watkins Cultural Heritage Center & Museum; cent for Black Archives of Mid-America in Kansas City, Inc.; cent for Shoal Creek Living History Center; and cent for the Airline History Museum at Kansas City, provided that the portion of the levy allocated for any of the facilities which is not operated in accordance with Section 92.035, RSMo, and city requirements shall be re-allocated by the City for eligible museum purposes?

_____ Yes _____ No

The voter who desires to vote in favor of this proposition shall place an X in the box opposite Yes. The voter who desires to vote against this proposition shall place an X in the box opposite No.

Section 3. Delivery of Ordinance by City Clerk to Election Authorities. The City Clerk shall deliver certified copies of this ordinance and notice of election to the Board of Election Commissioners of Kansas City, Missouri, to the Board of Election Commissioners of Clay County, Missouri, to the Board of Election Commissioners of Platte County, Missouri, and to the County Clerk of Cass County, Missouri, which shall be the authority of the respective election authorities of the City to submit the question to the electors of Kansas City as herein provided and to give public notice thereof as provided by law.

Section 4. Election Notice. That the notice of election shall read as follows:

_____________________________________________

NOTICE OF ELECTION

CITY OF KANSAS CITY, MISSOURI

Notice is hereby given that the City of Kansas City has called an election to be held in the City on Tuesday, August 5, 2008, between the hours of 6:00 a.m. and 7:00 p.m. C.D.T., at which election all qualified voters residing within the City of Kansas City, Missouri, will be given the opportunity to vote.

The official ballot will be in substantially the following form:

_____________________________________________

QUESTION _____

SHALL THE FOLLOWING BE APPROVED?

Shall there be an increased tax levy of 10 cents per $100 assessed valuation on real and tangible personal property located in the City of Kansas City, Missouri for museum purposes with the revenues derived from 3 cents of the levy to be used for Kansas City Museum facilities in existence prior to August 13, 1978, and the revenues derived from the following portions of the levy to be used for additional facilities for the Kansas City Museum in the following locations, pursuant to Section 92.035, RSMo: 3 cents for Union Station Kansas City; 1 cent for the American Jazz Museum; cent for the Negro Leagues Baseball Museum; cent for the Buck ONeil Center; 1 cent for Liberty Memorial; cent for Bruce R. Watkins Cultural Heritage Center & Museum; cent for Black Archives of Mid-America in Kansas City, Inc.; cent for Shoal Creek Living History Center; and cent for the Airline History Museum at Kansas City, provided that the portion of the levy allocated for any of the facilities which is not operated in accordance with Section 92.035, RSMo, and city requirements shall be re-allocated by the City for eligible museum purposes?

_____ Yes_____ No

[Instructions to voters will be supplied by the election authorities]

_____________________________________________

A full and complete copy of Second Committee Substitute for Ordinance No. 080484 submitting the above question to the electorate is on file in the office of the City Clerk of Kansas City, Missouri, where the same is open for inspection and copying.

The polling places for the election will be [insert list of polling places in last publication only.]

_____________________________________________

I hereby certify that the foregoing is the legal notice to be published pursuant to Section 115.127, RSMo.

Given under my hand and the official seal of the City of Kansas City, Missouri, this _______ day of __________________, 2008.

(SEAL) _________________________________

Millie Crossland

City Clerk, City of Kansas City, Missouri

Before me, a notary public, personally appeared Millie Crossland, to me known to be the City Clerk of the City of Kansas City, Missouri, and the person who acknowledged to me that she executed the same for the purposes therein stated.

__________________________________

Notary Public

 My Commission Expires:________________________________

Section 5. Contractual requirements. The Council states its intention to require that all museums receiving from the tax levy are eligible for such funding under Section 92.035, RSMo, and contractually require that all museums receiving funds from the museum tax levy submit the following to the City for approval:

• Institutional Code of Ethics
• Mission Statement
• By-laws
• Institutional Plan containing delegation of authority details
• Collections Management Policy detailing acquisition and deaccession procedures
• Emergency/Disaster Preparedness Plan
• Marketing Plan
• Personnel Policy, including whistleblower and affirmative action policies
• Fundraising Policy
• Commercial Activities Policy and Loan Policy
• Political Activities Policy
• Proof of Directors and Officers (D & O) Liability Coverage
• Proof of insurance coverage for collections
• Evidence that the museums federal tax return, currently known as Form 990 or Form 990T, if applicable, is posted on the museums website or made readily available upon public request
• Procurement/contracting policy, including minority and womens business enterprise participation
• Open records/Freedom of Information Act policy
• Residency requirement for new employees comparable to the residency requirement for city employees, which may be waived for employees hired prior to the effective date of the funding contract.

Section 6. Advisory Board. The Council hereby expresses its intention to establish an advisory board to be appointed by the Mayor to make recommendations to the Mayor and Council regarding the museums receiving funds from the museum levy, including compliance with state and city requirements.

Section 7. Effect of invalidity. This ordinance presents a proposed increase in the museum tax levy. Should the proposed increase to the museum tax levy authorized in this ordinance be found to be unlawful or if it is not approved by a simple majority of the voters, the current provisions will remain in effect.

Section 8. Emergency. This ordinance, calling for an election and providing for the submission of a question to the people of Kansas City, Missouri, is hereby recognized to be an emergency measure within the meaning of Section 503(a)(3)(A) of the Charter of Kansas City, and as such shall become effective upon approval by the Mayor or after seven days of its passage if no action is taken by the Mayor to approve, request reconsideration or veto this ordinance, whichever is earlier.

_____________________________________________

Approved as to form and legality:

___________________________________

Galen Beaufort

City Attorney