BIRMINGHAM DRAINAGE DISTRICT
                                  LEGAL AND FINANCIAL ANALYSIS
                                 Date of death: December 22, 1963
SECRETARY OF STATE LETTER ON
BDD CORPORATE CHARTER

Sate Audit Report
"Senator" Claire McCaskill
BDD MEETING NOTICE
7-28-2005
TO: Clay County Commissioners

Note: There was a slight change in this report after it was filed with the Clay County Clerk. The 2004
financial statement was not found until the day this report was filed, June 21, 2005.
(Dated
stamped document)

The May 9, 2005 Clay County Auditor's Report raised a number of red flags concerning the legal
and financial circumstances of the Birmingham Drainage District (BDD), a public corporation, which
expired December 22, 1963 . The final legal action available to the supervisors serving on
December 22, 1963  was to pay the legal debts,  liquidate the assets of the district, and distribute
the proceeds to the taxpayers, as Kansas City had exclusive jurisdiction over levees and drainage
within the City Limits.

Since that time, no one has had the authority to accept tax money or to spend tax money in the
name of the district. Yet, at the end of 2003, records show the BDD had $1,319,307.57 cash in
hand. It pick up another $564,132.72 in 2004. It also spent $872,498.00 on a Missouri River levee
breach no one seems to know about. There is also $850,000.00 reserved to replace a pump. Not
only that, but what would a $10,461.59 survey of Shoal Creek have to do with a Missouri River
levee? Could this have been for the Shoal Creek Valley development near Liberty?


According to the Auditors report, in the past two (2) years, Clay County has given $733,854.43 to
this organization in public tax money. Financial records indicate another $375,930.00 was collected
in rent payments, for a total of $1,109,784.43 income for an organization that can not legally exist in
Kansas City. The prior three (3) year income was  $939,825.00.   The five (5) year total was over
$2,012.241.00.

Not only that, but  since 1990, attorney Robert W. McKinley has claimed to be president of the BDD.
Between 1993 and 2004, legal fees and maintenance salary for one person was over half million
dollars. In 1995, LDS Church's non-profit corporation, Property Reserve, Inc, was even paid over
$28,000.00 in legal fees for filing suit to get the taxes raised on everyone else, based on "levee
improvements" made on its commercial property development. It was approved. The records
indicate some of the "improvements" are just now being made.

The total legal and maintenance salary outlay for the last 4 years was $268,645.75. McKinley's law
firm has been paid out of public tax money: 1) $40,065.64 in 2001 for filing a petition to extend the
life of the district and hiring a lobbyist; 2), $30,063.77 in 2002 to supervise the lobbyist and get the
law changed so a LDS Church corporate representatives could serve as a district supervisor; 3)
$64,534.82 for filing a  33 year old invalid court decree to get the district's public charter reinstated;
and, 4) $56,238.73 for getting the court to complete the 2001 action and extend the life of the dead
BDD, for a total of $180,902.56.

A local farmer, Dan Sissom, (Mormon Church property Farm Manager)
 whose family sold its
farm's public assess rights
has been paid as the Overseer of the drainage district and
maintenance supervisor. He was paid: 1) $33,369.38 in 2001;  2) $34,460.00 in 2002;  3)
$34,467.14 in 2003; and 4) $31,685.00 in 2004, for
his part time BDD work, for a total of
$133,981.52.
 

So, how could this possibly happen?

The county is required to collect taxes based on RSMO 242.460.2 ------- this "drainage tax
book" shall be your warrant and authority for making such demand and collection.
 But,
someone has to certify that the taxes are due. The Auditor did not identify the person who certified
the document as president of the BDD, but he did offer a clue. He also noted the potential problem
facing the county.

The Auditor noted that there is a Constitutional prohibition which prevents forming a drainage
district within the City limits of Kansas City on a petition by land owners. There is also a 1923
Supreme Court Ruling to that affect. The Supreme Court pointed out that city dwellers would not
have the necessary one (1) acre of land needed to have a vote in the business of the district. (on
file in Clay County Clerk's Office.)

As long time attorneys for the BDD, Wherrett & Turpin were well aware of this point when they
convinced a judge to issue an order in 1970 reorganizing the district. However, the court would not
order a certified copy of the Court Order be sent to the Secretary of State within the 60 day limit
allowed by law.

The Auditor also noted "A Howard County Circuit Court finding that a levee district which had gone
out of existence due to the expiration of the specified term of corporate existence would be required
to liquidate the district as a public corporation, pay its debts and return the rest of the money to the
taxpayers. (Cause 214, Watts vs Gross, legal file item 27)." (The complete court record is in the
Clay County Clerk's Office BDD file.)

Fortunately, there is a paper trail to follow which answers some of the questions. However, it does
not answer the question of why Wherrett & Turpin, with the knowledge that the BDD could not exist
within the Kansas City limits, continued to represent the major land owners operating as the BDD
after it cease to exist in 1963. Nor does it explain why they continued to accept the taxes remitted to
the office of Wherrett & Turpin by Clay County.

This was brought to a head in 1969 when the City of Kansas City attempted to condemn land along
the levee for its Birmingham Sewage Treatment plant and hazardous sewage sludge disposal site.
Both Congress and EPA state that exposure to any of the pollutants (Organic and inorganic
chemicals as well as disease causing pathogens) in sludge through the air, water or food chain
will/could cause death, disease, cancer as well as physical and/or mental problems. That's
hazardous!

Kansas City had to either expose the facts and officially take over the district or help the BDD  
appear as though it had legal standing, a job for Wherrett & Turpin.  Wherrett & Turpin would not
have filed a petition to extend the life of the BDD, or filed a petition to reorganize the BDD in 1970,
without the approval of Kansas City attorneys and/or the encouragement of Kansas City officials.
Had Kansas City not approved these actions, it would have filed objections,  based on its
Constitutional responsibilities, just as it did in the 1923 actions.

The situation was complicated in 1978, when the Church of Jesus Christ of Latter-day Saints
bought approximately 80% of the land within the original BDD boundary. In a legal levee district that
would have given the Church corporation representatives 80% of the votes and total control.  

In this case they would have found a number of problems, foremost would have been the clouded
property titles, because there was no records to establish the boundary between the land
purchased and the land condemned for the levee in 1916. Records indicate the Church may not
have realized the BDD was dead or could not exist within the City limits of Kansas City until about
1989 when Kansas City put pressure on Property Reserve Inc, to help it close down the public
levee roadway crossings on the Levee. McKinley was installed as the president of the BDD.

Now it would appear, the taxpayers are paying a drainage tax (runoff tax) directly to Kansas City
and Clay County is collecting a heavy drainage district tax for the dead BDD. The County is sending
the money to a Kansas City law firm representing Church corporations.. Not only that, but between
1993 and 1998, Clay County mislabeled the tax statements claiming the taxes were for "levee"
taxes, "Birmingham Levee District" taxes, and even "Birmingham" taxes.

Not only is there a cloud on the county officials who are now taking tax money and given it to the
dead BDD dominated by Church officials, there is a serious cloud on the property titles of land
along the levee. Structures have even been erected on the BDD property originally condemned for
the levee right of way.

Not much could be done about the structures on the levee right-of-way since the BDD was dead
and the Platt of the BDD and levee right of way were not filed in the Recorders Office in 1916 as
required by law, nor were they filed in 1970, when the court implied it was reorganizing the BDD.

242.040. 4. A copy of said findings and decree, together with a plat of the district, shall
also be filed in the office of the county recorder in each of the counties having lands and
other property in said district, where the same shall become a permanent record, and
each such recorder shall receive a fee of one dollar for filing and preserving the same.

It appears the County Recorder could not find these documents for the Auditor. However, it was the
Auditor's opinion that since there had been several court actions involving the Birmingham
Drainage District, it must have some legal standing:

Finding #6 - It is our opinion that the Birmingham Drainage District appears to exist
based on Case Number CV1012557CC whereby the court overruled all objections to the
extension of the corporate existence of the drainage district, and found that the
corporate existence of the drainage district should be extended in order to meet
existing obligations under a lease which expires 2/26/2085

According to the Auditor:
A judgment was rendered by the Honorable James Welsh.  A hearing was held on 12/17/2004 on
the petition of the supervisors of the Birmingham Drainage District for an extension of the corporate
existence of the drainage district until 2/16/2085

Actually, it appears there was no objections filed in the case, because no taxpayer was aware of the
court hearing .  The Case Number file, CV101-125557 CC, revealed that the petition was filed three
years earlier on April 12, 2001, by attorney Robert W. McKinley of Lathrop and Gage, as attorney
for the BDD.  The financial statements on file reveal Mr. McKinley's firm appears to have charged
$40,065.64 for filing the petition for a group of Supervisors (mostly Church of Jesus Christ of Latter-
day Saints corporate representatives) who could not have legally served, if the BDD had a public
corporate charter authorized by the court or State. See Attorney General's Opinion 39-2002 --
Corporate representatives are not eligible to serve on a drainage district Board of
supervisors.

It is clear from the financial reports that Norbert A. Kemp, as an Official of the LDS Church's
Investment Properties Division and alleged member of the dead BDD board of supervisors, is
running the show. This is confirmed by the 1994 financial report where BDD paid travel expense
from Utah for Kemp to attend a meeting with Station Casinos. The meeting was productive. Station
Casino started out with a $60,000.00 payment to BDD in 1997 and $220.000.00 in 1998.  Ameristar
purchased Station Casino and currently kicks in $140,000.00 each year to BDD as rent -- on top of
the Maintenance Tax?

Still, in 2000, Robert McKinley identified himself as president of the BDD, with five additional board
members, Norbert Kemp (Property Reserve, Inc), Fred J. Wernicke (Grainger), Henry Kester
(Kronos), Arsene Vandendaele (farmer) and, Dan Sissom (farmer-Property Reserve, Inc, farmer
manager-BDD Overseer-BDD levee maintenance supervisor). Public financial statements are not
available for 1999, 2000, but there is no indication that Sissom has ever been paid as a member of
the Board of Supervisors. However, to appear to be legal, two members had to live within the district.

To vote or serve on a board of supervisors, the member must own at least (1) acre of land in the
district. Under RSMO242.150, the law limits a live and active district to a
board of five
supervisors.
According to the 2002 financial statement, only five people were paid as board of
supervisors: 1) Norbert Kemp; 2) Arsene Vandendalle: 3) Henry Kester; 4) Kirk Armstrong; and 5)
Victor Sorensen. Norbert Kemp appears to be the highest ranking Church official. In 2004, he was
paid fees of $2,830.0 while the other 4 members only received $2,980.00 between them


                                 Home                                        Work
Norbert A. Kemp               3817 South 2215 East              10 East South Temple Street
Property Reserve, Inc.        Salt Lake City, UT 84109       Salt Lake City, UT 84133
(Investment Properties      (801) 278-3665                          (801) 240-5874  (suite 400)
Division, LDS Church)

Under RSMO242.390 a live district with a public charter is required to hire an attorney under
contract to take care of the legal requirements of the district and advise the supervisors.   It does
not authorize the attorney to act as the sixth member of the board of supervisors, as president or
sign legal contracts as president of the district as Mr. McKinley has done.


Robert W. McKinley              843 West 56th Street              2345 Grand Blvd, Suite 2800
Lathrop & Gage, L.C.        Kansas City, Mo 64113          Kansas City, Mo 64108
                                     Tel. (816) 361-9723               Tel. (816) 460-5636


The Auditor noted that tax checks for 2004 and 2005 were sent to McKinley's address.
Finding #3 - We noted that both of the above checks were made out to Birmingham
Drainage District and were sent to the law firm of Lathrop & Gage, 2345 Grand Avenue,
Suite 2400, Kansas City, MO 64108.

It is difficult to find any public information on a live public drainage or levee district corporation,
much less a dead one. The state does not require live district corporations to have an office
address or even an agent,  or file annual reports as required.

Finding #3 raises a big red flag. According to financial statements, the official address of record in
the County Clerk's Office is: Birmingham Drainage District, 106 N. Main, Liberty, Mo. 64068.  That is
the address of Wherrett & Turpin. William J. Turpin filed the 1970 petition to reorganize the district
seven years after the charter expired and almost a year after Alan Wherrett tried to get the district
charter extended -- seven years after the charter expired. It was Alan Wherrett who notified the
Corps of Engineers on 21 July 1950 that he was aware of the 1923 Supreme Court ruling that
Kansas City had exclusive jurisdiction over levees and drainage within the city limits. Which of
course is why Wherrett, as attorney for BDD, allowed the district charter to expire in 1963 after
Kansas City incorporated the area in January 1962..

The firm of Wherrett & Turpin continued to charge legal fees, office rent and a salary for the
Secretary/Treasurer from 1963 until 1993 when Robert W. McKinley assumed control of the BDD
records.  From 1994 through 1997, McKinley's firm, Swanson & Midgley, charged $300.00 a year to
store the records. In a 1998 court, McKinley claimed he had no BDD records, which appears to be
true since he has not been able to produce a 1970 certified copy of the court decree purporting to
reorganize the BDD. Nor was there any storage charges for the records after 1997.

Lathrop & Gage is the current firm of ROBERT W. MCKINLEY,  agent of record for , NORTHLAND
PARK, INC. (1980, survivor of BENEFICIAL DEVELOPMENT COMPANY and  ZIONS SECURITIES
CORPORATION (1996) which controls Northland Park, &  Shoal Creek Valley in Kansas City..
According to the Supreme Court of Hawaii, Zions Securities is also the authorized agent for
PROPERTY RESERVE, INC..

McKinley also includes the BDD in his resume as "A lecturer and contributing author to the Missouri
Bar Assn. Federal Practice Seminar and the Kansas City Bar Assn. Federal Practice Seminar, (and)
he has served as
president, Birmingham Drainage District; president, Carriage Club and a
member of the
executive committee of the Clay County Economic Development Corp.

Yet, payments in McKinley's name only appear in 3 financial statements, 1989 ($1,500.00 for legal
work on Sissom's Island property), 1993 ($55.90), and 1995 ($134.38) ($32.45). The records do
not indicate any payment as a member of the board of supervisors.

McKinley is attorney of record for: 1) the Birmingham Drainage District petition to extend life of dead
district CV101-002557  (2001-04);  Property Reserve Inc vs Clarence Davis, in CV198-00681
(1998); 3)  Property Reserve Inc Vs Kansas City, in CV198-008458 (1998-99);  4) was served a
summons as President of the Birmingham Drainage District in Kansas City vs James Bynum, in
CV198-006085 (1998-99); and, 5) listed as president of the BDD in Miller vs Birmingham Drainage
District CV192-006478 (1992-93).

McKinley also signed legal documents as president of the Birmingham drainage District: 1) (Book
1967, page 495) on  26 March 1990; 2) (Book 2001, page 49) on 15 October 1990; and 3) 26
October 1990, which also indicated he was the attorney for Property Reserve Inc and Investment
Properties Division of the LDS Church. McKinley's signature was notarized by Deborah K. Riekhof,
alleged Secretary/Treasurer of the Birmingham Drainage District and employee of McKinley's firm
Swanson & Midgley.

The purpose of the three documents prepared by the City of Kansas City and signed by McKinley
appeared belatedly to: 1) authorize a levee roadway crossing for the City on NE 28th St; 2)
authorize the City to erect fences and gates on the BDD property, and 3) allow Property Reserve,
Inc to close North Arlington Street south of 28th street ten (10) days after the document was signed.
Together, these documents signed by Mr. McKinley would have effectively landlocked six (6)
landowners between the levee and the Missouri River.

The third document depended on Ray Sissom, past president of the BDD, giving up the public
access rights into a small tract of property he owned south of Property Reserves property, at the
end of the paved section of North Arlington, were a gate had been installed, paid for by several
landowners to prevent dumping.. His son, Dan Sissom, was the overseer for the levee and
maintenance man and farm manager for Property Reserve, so it may have seemed worth signing
away his access rights. In spite of the fact the document was never signed by all parties, the gate
was promptly moved to the north side of Property Reserves' property. Property Reserve didn't
actually try to block access on the roadway until 1999.

We also have to consider that as president of the BDD in 1951, Sissom would have known of the
1923 Supreme Court ruling that the BDD could not exist after Kansas City took over the area in
1962. Alan Wherrett (Wherrett & Turpin) who documented the court ruling was the BDD attorney
and a BDD supervisor. Ann Turpin was the Secretary (BDD Resolution, 12 February 1951). He
would have also known public access crossing rights were Ordered by the 1916 Court (Book 48,
pages 247-248) and the Corps of Engineers built roadway crossing where they were needed by
landowners in 1951.

Yet, McKinley persisted in trying to close the levee roadway crossings: 1) first in Miller vs
Birmingham Drainage District CV192-006478 (1992-93) on the west end of the levee; 2) then in
Kansas City vs James Bynum, in CV198-006085 (1998-99) for NE 28th Street; and 3) in a letter
claiming the foregoing case allowed the BDD to close the roadway crossing on North Arlington.
Since 1978, the Church of Jesus Christ of Latter-day Saints (LDS) has operated in Clay County
under several different names: 1) Beneficial Development Co; 2) Investment Properties Division of
the LDS Church; 3) Deseret Title Holding Corporation; 4) non-profit Property Reserve, Inc.; 5)
Northland Park Development; 6) Zions Securities. Corp; and 7) Birmingham Drainage District.. More
recent projects involves a 1,700-acre, master-planned community called Shoal Creek Valley in
Kansas City, Mo. by Zions Securities, which includes a golf course, along with custom homes and
apartments.

In 1978, Beneficial Development Co. was instrumental in purchasing 4324.5  acres of the 5,390
acres in the BDD area of Kansas City under the Deseret Title Holding Company banner, currently
dba as the non-profit Property Reserve Inc,  2,200 acres being assigned to Zions Securities for
industrial development.

In a 1981 filed legal document, Deseret Title Holding claimed to have sold the BDD, who it claimed,
operated an agricultural levee,  the right to take care of its drainage problems outside the
boundaries of the district
. ( Book 1432, pages 342-343). This appears to be the "levee
improvement" used to raise the taxes in the 1995 suit by Property Reserve, Inc.

It was not an agricultural. The levee was built in 1916:
"To  make Birmingham safe from floods
and promote industry, business men and property owners have organized a drainage
board and $350,000 will be spent to dike the district, which includes all the town." "A
levee eleven miles long will circle the city from the bluffs on one side along the river to
the bluffs on the other side."
 "The dike will be built according to government
specifications.
"(Kansas City Post)  The dike, or levee, was rebuilt by the government in 1951 as a
part of the federal levee system -- with the BDD as legal sponsor. The sponsorship expired in 1963.

In 1982,  the City of Kansas City appeared to be deeply involved in covering up the fact that this
was a part of the federal levee system operated by the dead BDD. In a November 18, 1982, Kansas
City inter-departmental memo to K.E. Burkhead, chief, Engineering Services, Robert Melton said he
was having a problem negotiating the purchase of Robert Minter's land and didn't think it could be
acquired,
"If it still remained policy  not to condemn in this area,"

Northland Park is the 2,200 acre modern industrial park of which approximately 500 acres has been
developed. Northland Park is located in a Kansas City Enterprise Zone.  The drainage maintenance
tax  rate paid on the 500 acres of developed land in Northland Park would normally have been the
same low rate per acre as paid by the Church Corporations and every other tax payer, if there was
no reassessment to justify a higher tax. In a filed 1983 legal document Northland Park claims to
have sold the BDD the easement rights to take care of its drainage facilities and if BDD could not
fulfill the obligation in the future for some reason, the rights reverted to Northland Park (Book 1495,
pages 155-156)

The Auditor's report raised a major red flag concerning the high level of maintenance tax remitted
to the attorney in the report:
Finding #2 - We noted that the collector remitted $359,971.12 to the Birmingham Drainage
District, on check number 4861 on February 20. 2004 and, on check number 6331, the
collector sent $373,883.31 on 2/28/2005 to the district.  These remittances were based on
collections made by the Collector of the Maintenance tax plus interest.

Why would the dead BDD need to collect over 10 times the amount it did in 1992, particularly, when
even at the end of 1992, it had almost 10 times the amount of cash on hand it needed for annual
operational expenses, after the annual expenses had been paid?
At the end of 2003 cash on
hand was only 4 times the operating expenses, but it had
$1,319,303.57 on hand.

As of December 31, 1992, BDD had $416,149.40 on hand in cash for maintenance of the drainage
facility and levee.  Clay County had remitted $32,630.43 in maintenance taxes to BDD of the
$70,843.27 in total receipts. Total expenses for the year was $45,998.06 including legal expense of
$492.50 paid to McKinley's firm Swanson & Midgley as well as legal expenses of $1,504.45 paid to
the firm of Wherrett and Turpin.  Dan Sissom's BDD income was $3,863.80.

In 1992-1993 the BDD attempted to closed down a public levee roadway crossing to private
property on the west end of the levee. It was Ordered to be built by the court in 1916 and built by
the Corps of Engineers in 1951. Miller vs Birmingham Drainage District (CV192-006478)

As of December 31, 1993, BDD had $417,863.16 on hand in cash for maintenance of the drainage
facility and levee. Clay County had remitted $33,655.85 in maintenance taxes to BDD of the
$99,527.38 in total receipts. Total expenses for the year was $97,813.62 including legal expenses
of $9,928.50 paid to McKinley's firm Swanson & Midgley as well as legal expenses of $675.00 paid
to Wherrett & Turpin. Dan Sissom's BDD income was $5,825.00. Mr. Wherrett died that year and
the BDD sent flowers.

As of December 31, 1994, BDD had $461,003.96 on hand in cash for maintenance of the drainage
facility and levee. Clay County had remitted $65,885.88 in maintenance taxes to BDD of the
$114.557.51 in total receipts. Total expenses for the year was $71,416.71 including legal expenses
of $4,408.08 paid to McKinley's firm of Swanson & Midgley. Dan Sissom's BDD income was
$9,992.80

On June 12, 1995, Property Reserve, Inc, AKA Deseret Title Holding Corp, a non-profit corporation,
through McKinley's firm, Swanson & Midgley, filed a petition (CV195-003357 CC) as the majority
landowner for reassessment of benefits in the BDD. The court status report for the petition only list
the names of Thomas F. Hadley, James L. Riddle and Daniel Sissom, etal. Hadley and Riddle
(Village of Birmingham directors) may have been included because the levee was built to protect
the city of Birmingham. It is clear  they thought the people of the Village of  Birmingham would pay
less maintenance tax if the large corporate clients of Property Reserve, Inc, paid more. That was
not going to happen.. Sissom of course worked for Property Reserve, Inc, and was Overseer and
maintenance man for the BDD.

On June 16, 1995, the court ordered publication of notice of petition and Order for mailed notice of
petition all as per Order filed. The taxpayers would have had an opportunity to respond to a mailed
notice and objections would have been filed. Unfortunately, the court vacated that Order on August
30, 1995.

On September 15,1995, the Court Ordered the appointment of three commissioners to reassess
the benefits of land within the district.

On September 15, 1995, the Court also Ordered the appointment of an attorney to represent
persons who may be entitled to benefit of Soldiers and Sailor's Civil Relief Act of the United States,
and for appointment of Guardian Ad Litem to represent unknown persons, infants, and incompetent
persons. Who were not going to be notified.

As of December 31, 1995, BDD had $528,461.97 on hand in cash for maintenance of the drainage
facility and levee. Clay County had remitted $35,755.17 in maintenance taxes to BDD of the
$156,645.27 in total receipts. Total expenses for the year was $89,187.26 including legal expenses
of $9,724.51 paid to McKinley's firm of Swanson & Midgley. Dan Sissom's BDD income was
$23,783.50.

On January 25,1996, the Commissioners petitioned the Court (which was approved) to hire an
appraiser at a cost of $1,500.00.  The cost was to be paid for by the petitioners. However, the
$1,500.00 payment appears to have been paid by the BDD rather than the petitioner and is
reflected in the BDD financial records for 1996. The need for the appraiser was to place a value on
the agricultural land, mostly owned by Property Reserve. This value was to be compared with the
fair market value of residential and commercial property.    

As of December 31, 1996, BDD had $533,706.51 on hand in cash for maintenance of the drainage
facility and levee. Clay County had remitted $36,288.31 in maintenance taxes to BDD of the
$614,569.51 in total receipts. Total expenses for the year was $80,863.00 including legal expenses
of $2,913.41 paid to McKinley's firm of Swanson & Midgley. Dan Sissom's BDD income was
$42,981.00.

On September 23, 1997, the Court issued an Order accepting the Commissions report on
reassessing the benefits of the district. The Court also Ordered that the commissioners be paid: 1)
Gary K. Patton $4,192.50; 2) Cynthia L. Reams $6,978.75; and 3) Jerald L. Hill $4,160.55.  Again,
the commissioners were paid by the BDD rather than Property Reserve and is reflected in the 1997
financial statement.

On October 2, 1997, the petitioners filed a
Motion For Relief From Judgment. There was a very
curious statement in the Motion: "
Current development within the District is not forced to pay
their fair share. Rather, they are allowed to avoid the tax liability for their development."

The motion was made to allow raising taxes on new residential and commercial buildings annually
as they were built.

According to the document,
"With the approval of the Commissioners fees, reassessment of
the Birmingham Drainage District will cost the petitioners and the District in excess of
$20,000.00.
 Actually, non-profit Property Reserve, Inc, as the petitioner, who controlled the BDD,
paid itself $28,892.25 out of the BDD maintenance funds for legal work. Before legal fees, the
cost to the taxpayers for this court action by Property Reserve was $45,723.75. The only
entity who benefited from this action was Property Reserve.

On October 22, 1997, Property Reserve, Inc, got the judgment it wanted. The court established a
value for agricultural land based on soil class. The soil classes ranged from Class 1 with a value of
$1,800.00 per acre to Class 8 at a value of $100.00 per acre. Thats not a bad deal when you
consider the City off Kansas City paid $6,213.00 per acre for some of the same land in 1973.
The benefits assessed: 1) to agricultural property was 50% of the assessed value; 2) to commercial
property was 90% of assessed value; 3) to residential property was 70% of assessed value; and 4)
to governmental, quasi-governmental, railroad and utility property was 60% of assessed value.

As of December 31, 1997, BDD had $773,536.85 on hand in cash for maintenance of the drainage
facility and levee. Clay County had remitted $24,582.24 in maintenance taxes to BDD of the
$355,777.06 in total receipts. Total expenses for the year was $115,946.72 including legal
expenses of $8,646.48 paid to McKinley's firm of Swanson & Midgley. Plus, the $44,223.75 paid to
Property Reserve Inc, and the Commissioners as legal expenses. Dan Sissom's BDD income was
$23,715.00.

In 1998,

As of December 31, 1998, BDD had $563,911.86 on hand in cash for maintenance of the drainage
facility and levee. Clay County had remitted $37,739.17 in maintenance taxes to BDD of the
$428,697.99 in total receipts. Total expenses for the year was $638,322.98 including legal
expenses of $11,664.45 paid to McKinley's firm of Swanson & Midgley. Dan Sissom's BDD income
was $25,845.00.

In 1999, McKinley was served a summons as President of the Birmingham Drainage District by
Kansas City in Kansas City vs James Bynum, in CV198-006085 (1998-99). The BDD attorney
defended the BDD right to allow the City of Kansas City to put a gate across NE 28th street on
easements the BDD had purchase in June, 1958 (Book 611, pages 6 & 7) to assure a landowner
(Robert Minter) public roadway access to his property on the south side of the levee. According to
the 1963 financial statement, one of the last official acts of the BDD was to upgrade the Minter
Crossing on NE 28th Street and the Minter-Luhnow crossing on North Arlington Street.

In June of 1999, the
Secretary of State issued a Certificate of Corporate Abstract that the
Birmingham
Drainage District was inactive as the charter expired December 22, 1963.  The
Secretary of State also issued a
Certificate of Fact that the Birmingham Levee District had never
been registered as a Missouri Corporation.

Reserved for 1999 Financial Information.

In a February 2000 letter, McKinley listed BDD Overseer and maintenance man, Dan Sissom, as a
member of the board of supervisors. Members are elected for five year terms, but the financial
records indicate Sissom has never been paid as supervisor. But he dis need to show, two people
lived in the district.

Reserved for 2000 Financial Information.

BDD failed to file financial statements for 1999, 2000 and 2001 with the County Clerk's office. The
Clay County Clerk's request for the financial information was ignored. However, cash on hand had
increased by $665,367.48 in the 3 year period to
$1,179,279.34.

In 2001, McKinley filed the Birmingham Drainage District petition to extend the life of the dead
district CV101-002557. That deed appears to have cost the taxpayers $40,065.06 in legal fees..

As of December 31, 2001, BDD had $1,179,279.34 on hand in cash for maintenance of the
drainage facility and levee. Clay County had remitted $110,663.85 in maintenance taxes to BDD of
the $348,052.06 in total receipts. Total expenses for the year was $141,977.45 including legal
expenses of $40,065.64 paid to McKinley's firm of Swanson & Midgley. Dan Sissom's BDD income
was $33,369.38. Terry Schlemier & Assoc was paid $3,750.00 for lobbying efforts to get state law
changed so Property Reserve representatives could serve as supervisors..

The lobbying paid off on January 16, 2002   The first reading of S99SB. To allow an authorized
representative of a corporation that owns property in a drainage district to be elected to the board
of supervisors in a drainage district. One of the legislators was skeptical and requested an Attorney
General's opinion.

May 22, 2002, Attorney General's Opinion 39-2002,  
There is no provision that an authorized
representative of a corporation that owns property in a drainage district may be elected
to the board of supervisors of a drainage district under Section 242.150
.

The House Committee passed the Bill as HB 1085. The bill also allows the secretary and treasurer
of the board to be residents of an adjoining county.

Testifying for the bill were Representative Mays (50); and Birmingham Drainage District.

On 06/27/02, The bill, as 0941, which Allows owners of business property to appoint
representative in matters involving drainage districts,  was signed by the governor.

This was a case of a dead drainage district, with a board composed of representatives of business
property that could not legally serve in that position, testifying for a Bill that would allow the
representatives to serve on a board in a legal district. This appears to be a special law for the BDD,
an Ex post facto law prohibited by Missouri Constitution's Section 13. That no ex post facto
law, nor law impairing the obligation of contracts, or retrospective in its operation, or making
any irrevocable grant of special privileges or immunities, can be enacted.

As of December 31, 2002, BDD had $1,520,683.09 on hand in cash for maintenance of the
drainage facility and levee. Clay County had remitted $109,723.21 in maintenance taxes to BDD of
the $341,385.75 in total receipts. Total expenses for the year was $251,678.30 including legal
expenses of $30,063.77 paid to McKinley's firm of Lathrop & Gage. Dan Sissom's BDD income was
$34,460.00 Terry Schlemier & Assoc was paid $9,000.00 for lobbying  to get the law changed in
favor of the LDS Church..

In March of 2003, Mr. McKinley picked up a certified copy of the invalid 1970 Court order allegedly
reorganizing the BDD and filed it with the Secretary of State on April 1, 2003. That was worth  
$64,534.82. General rules on corporate filing indicate a corporation can not exist until the
appropriate papers are files. Specific drainage district rules
state the Court must send a
certified copy of the Order to the Secretary of State within 60 days of the judgment
.

242.040.3. Within sixty days after the said district has been declared a corporation by the
court, the clerk thereof shall transmit to the secretary of state a certified copy of the
findings and decree of the court incorporating said district, and the same shall be filed in
the office of the secretary of state in the same manner as articles of incorporation are
now required to be filed under the general law concerning corporations

As of December 31, 2003, BDD had $1,319,303.57 on hand in cash for maintenance of the
drainage facility and levee. Clay County had remitted $118,175.31 in maintenance taxes to BDD of
the $339,384.81 in total receipts. Total expenses for the year was $289,086.03 including legal
expenses of $64,534.82 paid to McKinley's firm of Lathrop & Gage. Dan Sissom's BDD income was
$34,467.14.

On 12/17/2004, after a 3 year delay, a judgment was rendered by the Honorable James Welsh.  A
hearing was held on the petition of the supervisors of the Birmingham Drainage District for an
extension of the corporate existence of the drainage district until 2/16/2085. It was Granted.

RESERVED FOR 2004 FINANCIAL INFORMATION.  
AS OF 6-20-2005, THE FINANCIAL  
STATEMENT HAS NOT BEEN FILED IN THE COUNTY'S BDD FILE.

After this report was turned in to the County Clerk, the financial statement was found to be misfiled.

As of December 31, 2004, BDD had $973,777.22 on hand in cash for maintenance of the drainage
facility and levee. Clay County had remitted $359,971.12 in maintenance taxes to BDD of the
$564,132.72 in total receipts. Total expenses for the year was $909,659.07 including legal
expenses of $56,238.73 paid to McKinley's firm of Lathrop & Gage to get the the life of the district
extended.. Dan Sissom's BDD income was $31,685.00.

The 2005 financial state will include
the $373,883.31 remitted on 2/28/2005 to the district.

After the Auditor started compiling material for his report, the BDD supervisors recognized that they
had a problem and took steps to try to protect themselves from all liability using public tax money.

On the AGENDA for the March 15. 2005, LANDOWNERS MEETING, the BDD Board of Directors:
"Resolved that the supervisors obtain and pay the premium of an insurance policy
insuring the officers and directors from liability and to pay all legal cost, judgments and
out of pocket expenses of the supervisors who are sued or threatened to be sued
because of their acts as supervisors." "Which motion was unanimously adopted"

As I understand the legal theory, if a person is aware of wrong doing that could be illegal
and does not report it to the authorities, that person then becomes an accessory to the
crime.
 Does this apply to politicians? Does it apply to civil servants?

Wouldn't the Clay County Commissioners have a responsibility to act on this information to protect
the county and its taxpayers?

Respectfully submitted.

Jim Bynum
PO Box 682
Smithville, Mo 64089
(816) 699-3975
Clay County Auditor's Report
http://
www.claycogov.com/county/offices/auditor/documents/collector%20audit%202005.pdf


SECRETARY OF STATE LETTER ON
BDD CORPORATE CHARTER

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