And now:Ish <[EMAIL PROTECTED]> writes:

Date: Sun, 18 Apr 1999 02:29:55 -0500
From: [EMAIL PROTECTED]
Subject: Apr. 18, 1999, Oz developers have issued an ultimatum to the
  Kansas Legislature: Oz park breaks called a must.

Now we will see who controls the Kansas Legislatures?  Notice the Federal
Government (President Clinton) is now in the clean up business aka "Push it
out the door"!!!! 
Jimmie D. Oyler, Principal Chief 
United Tribe of Shawnee Indians 
***************************************** 
http://www.ljworld.com/ 

Updated 1:33:23 AM Sunday, April 18, 1999 

Oz developers have issued an ultimatum to the Kansas Legislature: Produce
more tax breaks or the deal is off. 

By Mike Shields 

Journal-World Writer 

Topeka -- If lawmakers don't approve additional tax breaks for the proposed
Wonderful World of Oz theme park when they return to session later this
month, then the whole deal is off, a spokesman for Oz developers said. 

"It's a deal-breaker," said Oz attorney Larry Winn III. "We've told
everybody that and made no bones about it. There's no Plan B." 

Lawmakers last year approved about $270 million in 20-year,
state-authorized bonds for the $700-million planned resort, allowing Oz to
retire the debt by collecting a 5.9 percent sales tax at the park. The
state also is negotiating with federal officials for the 9,062-acre
mothballed Sunflower Army Ammunition Plant near DeSoto. The state wants to
give the property to Oz developers in exchange for assurances developers
will clean up pollution there. 

This year Oz came back asking lawmakers to approve a 30-year maturity on
the bonds and an additional 1-percent, on-site sales tax authority to
service them. 

But before lawmakers left for break on April 10 the House refused to OK the
Oz legislation, although members will have opportunity to do so when they
return to Topeka for the wrap-up session that begins April 28. 

Winn said he is confident the bill ultimately will pass. 

"I don't think it's gummed up," he said. "What they did, like they
frequently do, is hold certain bills hostage for something they want." 

Winn said some legislators have told him the House is holding up the bill
hoping for Senate approval of a legislative pay raise as ransom. 

Environmental concerns 

Winn also said lawmakers shouldn't worry about U.S. Environmental
Protection Agency concerns with fraudulent environmental assessments of
pollution at the site because the Oz developers intend to do their own. 

"That's an EPA issue," he said. "It is of no substantial consequence to us
because we would never have relied on a government report in any event.
We're doing our own due diligence and are well down the road in that process." 

Nor, he said, should lawmakers fall for "scare tactics" of the Kansas
Sierra Club, which is pushing to defeat the bill, citing concerns about
potential state liability for cleanup costs at the site if the Oz park goes
down the tubes before remediation is complete. 

Winn said the Clinton administration has directed EPA not to enforce
liability provisions of federal law when it concerns polluted surplus
defense sites. 

"There's a policy issued in June 1997 that in effect says we want to do
everything we can to encourage redevelopment of these defense facilities,"
Winn said. "And as a result EPA will not bring actions to enforce" these
types of liabilities. 

"It's national policy. They don't want the type of tactics that Sierra Club
is trying to trot up the pole keeping government or private entities from
tackling Sunflower-type projects." 

Transfer in motion 

Meanwhile, negotiations on the transfer of Sunflower from the federal to
state government continue to progress, said a spokeswoman for Kansas
Development Finance Authority, which is handling the Oz deal for the state. 

"We were in Washington last week, and we thought we made progress on
substantive parts of the deal," said KDFA lawyer Rebecca Floyd. 

Floyd said KDFA representatives met with those from the U.S. General
Services Administration and the Army. 

"The negotiations are moving along tracks that are independent of the
underlying legislation," Floyd said. "Both the enabling and amending
legislation deal with finances. Frankly, we're not even talking about bonds
at this point. The bigger issues are the environmental issues and the
insurance products that must be in place before KDFA would even consider
having Kansas in the chain of title. We're resolving these kinds of issues
and would have to settle them regardless of the legislation." 

There are still other legal bumps in the road for Oz developers. 

Jimmie Oyler of rural DeSoto in February filed suit in federal district
court claiming the Sunflower site rightfully belongs not to the state or Oz
but the United Tribe of Shawnee Indians. Next court date on the case is May 7. 

Floyd said that under the best of circumstances it is unlikely the state
would be ready to accept the land from the federal government and then
immediately transfer it to Oz any earlier than August. 



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          Tsonkwadiyonrat (We are ONE Spirit)
                     Unenh onhwa' Awayaton
                  http://www.tdi.net/ishgooda/       
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