WND and our history

[Clueless]

Originally Posted by Mike B.

Clueless,


Tell me where the audits are. I'd like to see one!

A worn-out rumor? Kind of like the rumor that property taxes will go up if the County repeals their WND sales tax?

Audited Financials - Asking Boot Hill would be a natural beginning, or talk with a CFAB sub-committee member and get a copy, or all board members who have a copy every year, or........

Rumor re: Taxes - I'm still convinced that no one in this County knows for sure what will happen if we repeal the County portion of WND. It's not a 'worn-out rumor' - it's an absolute fact that not one of us can assure what will happen if the tax is repealed. And, how can we vote on a tax issue where the people have no idea the effect of their vote?

Are you saying that you can guarantee property taxes will not rise - even in light of the court order that says we have to build the SEC, and the current support and maintenance of all facilities forever? How can you base that claim? On what evidence? Or, is it just more rhetoric to convince folk that you are the keeper of the knowledge and the rest of us have no credible ideas.

[Mike B.]

Originally Posted by Clueless

Rumor re: Taxes - I'm still convinced that no one in this County knows for sure what will happen if we repeal the County portion of WND. It's not a 'worn-out rumor' - it's an absolute fact that not one of us can assure what will happen if the tax is repealed. And, how can we vote on a tax issue where the people have no idea the effect of their vote?

Are you saying that you can guarantee property taxes will not rise - even in light of the court order that says we have to build the SEC, and the current support and maintenance of all facilities forever? How can you base that claim? On what evidence? Or, is it just more rhetoric to convince folk that you are the keeper of the knowledge and the rest of us have no credible ideas.

Clueless,

Let's get a few things straight! I have never said in any of my "rhetoric" (as you put it) that I am the keeper of knowledge and the rest have no credible ideas. Those were your words!

I have even said, "I may be wrong" What is it about those words that put you into a tail spin?

I can tell you a few things about the repeal. (now don't be getting your shorts in a wad, because you don't like my opinion) This is PART of a letter I mailed to Judge Ronald Innes. Which he recognized in court on July 18th.


...Jack Dalton’s brief in support of motion for additional relief, is asking the Court to stop the repeal vote, of Ford County’s portion of the “Why Not Dodge?” sales tax, on the foundation that it is in violation of the “Contract Clause” of the U.S. Constitution.

Mr. Dalton’s request for a denial for a repeal vote is established on the basis that the repeal would impair the obligations contracted by the Defendants. (The City and Ford County)

First of all, we have a “EVENTS CENTER DEVELOPMENT AGREEMENT”. It is not entitled a “contract” although the agreement may be considered as one. The word “contract” leaves the impression of a somewhat more serious condition than an “agreement”.

The Agreement between the City of Dodge City, Ford County and Global Entertainment does leave an escape for the Defendants. Page five (5) of that agreement states:

(b) "If, after review of the design documents and schematic drawings the parties cannot agree on such final design, or any other aspect of the Project, or if the City/County determines for any reason that adequate funding is not or will not be available for the Project, the City/County may elect in it’s sole discretion not to proceed with the Project. In such event the Developer will be entitled to retain the Earnest Money and in addition will be entitled to retain from the Design Advance payment the actual design costs incurred to date, not to exceed, however, the sum of $350,000, and shall immediately return the remaining balance of the $500,000 Design Advance payment to the City/County, and thereupon, both parties shall be released from any further responsibilities under this agreement."

The Defendants and Global Entertainment have mutually agree to, and entered into the Events Center Development Agreement. Both parties are aware that the $33 million dollars Project may not have adequate funding. The Defendants thus created the “escape clause” mentioned on page five (5) of the Events Center Development Agreement.

In addition, there is in excess of $15 million sales tax dollars sitting in the “Why Not Dodge?” reserve account today and only $5 million dollars of outstanding bonds that have been issued for “Why Not Dodge?” projects. No bonds have yet been issued for the construction of the Special Events Center. If the repeal occurs the City would continue to collect its portion of the sales tax, which currently exceeds $1.7 million a year. That amount combined with the reserve account is more than enough money to meet and exceed operational and maintenance needs for our currently completed projects. Thus, the repeal would not impair any obligations agreed upon by the Defendants and therefore would not be in violation of the United States Constitution.

WHO PAYS THE BILLS IF THE REPEAL EFFORT SUCCEEDS?

Mr. Dalton is also asking the Court the following question: If the repeal vote is successful, how would the County meet it’s obligation to the City as far as funding for a Special Events Center? Mr. Dalton is referring to the Court’s Declaratory Judgment made June 24th, 2006. The Court stated that the Defendants must give priority to the planning, construction and equipping of the Special Events Center. However, at the time of that Declaratory Judgment the possibility of a repeal of the sales tax was not on the table. I have no intention, whatsoever, in telling the Court how it should now handle this situation.

However, I believe it would be inappropriate of the Court to address “What if…?” questions. When did it become the duties of any Court to look into a crystal ball and make judgment based on speculation and hypothetical situations? I believe the Court is obligated to look to the facts and render Judgments based on those facts presented...

...If the Court chooses to address “What if…?” questions my opinion
is since no bonds have been issued for the planning, construction and equipping of the Special Events Center, the County’s portion of the tax, if repealed, would not be needed for the continued operation of the other three projects. The City and County could, if they choose to, abandon the concept or move ahead with the Special Events Center, but on a smaller scale. In the Declaratory Judgment issued, by the Court on June 24th, 2006, no mention was made of how big or how much money was to be spent on this Special Events Center. Nor were those two issues (size and cost) voted upon by elector on June 10th, 1997. Thus size and cost are ill relevant. The Special Events Center would remain the responsibility of the City and County....
...I am reminded of the words of Abraham Lincoln…

“…that this nation, under God, shall have a new birth of freedom…and that this government of the people…by the people…for the people…shall not perish from the earth.”

In conclusion, I respectfully request the Court to uphold the rights of the people by declaring that the repeal process is just one of the many fundamental foundations of our great self-governing Democracy.

Sincerely and respectfully submitted by a Friend of the Court,



Michael R. Boettcher

Dodge City, KS. 67801


P.S.

On a side note, this issue has been a thorn in the side of our City and County for almost 10 years. If our elected officials would have just done what they were elected to do, we would not be having this discussion today. Their failure has produced a climate of discontent and division, concerning this issue, in our community. I, for one, will be glad when this situation is settled once and for all. It’s a sad day in Ford County when we have to file law suits against one another, spend enormous amounts of dollars and time just to have an outsider tell us how to conduct our affairs. (no offense to you intended) Maybe the best Judgment from the Court would be to tell the Plaintiff and Defendants to go lock themselves in a room and not come out until you reach an agreement. Lots of luck there!!!

Even though I support the repeal and hope for a chance to vote for the repeal, I pray for God to give you wisdom to discern properly the correct course of action for our community. May the Lord bless you and your family!

[Clueless]

Originally Posted by Mike B.

Clueless,


I have even said, "I may be wrong" What is it about those words that put you into a tail spin?

I may be wrong, but I believe the question has been settled. Let's now set aside this discussion and return to creating a very positive future for Dodge City and Ford County.