H. R. 4896
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To grant the consent of the Congress to the Kansas and Missouri Metropolitan
Culture District Compact.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CONSENT TO COMPACT.
The Congress consents to the Kansas and Missouri Metropoli-
tan Culture District Compact entered into between the State of
Kansas and the State of Missouri. The compact reads 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 develop-
ment of the metropolitan culture district, holding in high trust
for the benefit of this 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 citi-
zens, 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
H. R. 4896—2
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 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
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 that are 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) Wherever 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.
H. R. 4896—3
‘‘(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 elec-
tion 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 partici-
pation 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 review 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 in
substantially the following form:
‘‘Shall a retail sales tax of llllll (insert amount, not
to exceed 1⁄4 cent) be levied and collected in Kansas and Missouri
metropolitan culture district consisting of the county(ies) of
llllll (insert name of counties) for the support of cultural
facilities and organizations within the district?
YES
NO
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 dis-
trict 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 participa-
tion 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.
‘‘(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.