Page:United States Statutes at Large Volume 108 Part 5.djvu/596

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108 STAT. 4086 PUBLIC LAW 103-390-OCT. 22, 1994 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.