Signed petition below

Before the Clay County Auditor started to do his report on the Birmingham Drainage District the
voters started gathering signatures to get a State Audit. (see below) It appears that no one
except the taxpayers wants to open this can of worms the state is trying to cover up.

The County audit brought out a major point. The Missouri State Auditor does not audit public
levee and drainage district corporations. In spite of state law, the major reason the auditor
doesn't want to auditor them would appear to be that levee and drainage district public
corporations are not required by the Secretary of State of to have an agent, an office or even an
address. With some 300 of these public corporations in the State, no one knows who is running
these corporations. No one knows which ones are charging taxes or how much taxes or what is
happening to the tax money.

About half of the levee and drainage districts are carried on the Secretary of States books as
inactive because their term of life expired (i.e. dead corporations, as was the Birmingham
Drainage District for 40 years. its charter expired in 1963)

At that point it should have been liquidated:
"’If a municipal corporation’, declares the Supreme Court of the United States, ‘upon
the surrender, or extinction in other ways, of its charter, is possessed of any property,
a court of equity will equally take possession of it for the benefit of the creditors of the

The County audit also noted two other reasons why the State Auditor could not audit the
Birmingham Drainage District

    1  A 1923 Supreme Court ruling which notes a state constitutional prohibition
    against a drainage district being formed within the city limits of Kansas City on a
    petition by landowners.  However, we note the area encompassed by the
    Birmingham Drainage District was not annexed by Kansas City until 1962, long
    after the District had been formed. 

    2  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).  However, we note the Clay County Circuit Court has on
    several occasions recognized the legal and ongoing existence of the
    Birmingham Drainage District and the taxpayer was a party in at least one of
    these actions.

                                           COLLECTING PUBLIC TAX MONEY
Clay County
Audit Report
BDD Financial & Legal