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