The remaining 1/4 of the one-cent sales tax increase will be allocated to the planned Birmingham Area Regional Transportation Authority, or BARTA.
BARTA will replace the existing Metro Area Express (MAX) which provides the city with its current, inadequate and unreliable bus service. It's important to note that plans for BARTA will proceed regardless of whether MAPS is approved on August 4. In other words, a vote against MAPS is not a vote against BARTA.
The MAPS law stipulates that the sales tax increase will end once the MAPS projects have been completed and paid for. The MAPS Victory Committee predicts that this will happen after 15-19 years.
The MAPS tax amounts to considerably more than "a penny for our future." A typical household will pay $90 to $150 per year. The MAPS law does provide for a sales tax refund to senior citizens, but the refund cannot exceed $42. Also, it is incumbent on each senior citizen to file a refund claim with the Director of Revenue.
It is probable that the tax will remain with us for good, despite the assurances of MAPS advocates. Section 3 of the MAPS law gives the Progress Authority the power to construct new facilities, provided that the facilities can host "any events which contribute to the cultural betterment of the community" or educate the public. Any structure that can host a public meeting would satisfy this broad criterion. And according to the MAPS law, any such structure can be considered a "project" that would postpone the end of the sales tax increase.
Birminghham News: "Hard to pinpoint when MAPS tax would expire"
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MAPS backers counter this argument by claiming that the Progress Authority would be highly accountable to the public. An entire segment of the July 7 MAPS infomercial was devoted to the theme of "Accountability" and "Public Trust." Yet the Progress Authority would not be a public agency but an independent corporation, accountable only to its own board of directors. As a public-private hybrid, the Authority would not answer to a voting constituency or even a body of stockholders.
The MAPS infomercial also made a startling claim that the Progress Authority will have "more checks and balances than any governing body ever created in Alabama." This may be true - but the reason why is not a very reassuring one. The Progress Authority needs checks and balances, because it is, in effect, a second local government.
The term "checks and balances" describes how different branches of government have powers that keep any one branch from assuming too much control. The Progress Authority's 12 seats are divided among local executives, state legislators, and business executives. This board would not be accountable to local or state government.
As stated already, the Progress Authority is a public-private hybrid. In addition to the usual corporate powers to handle property and hire employees, this corporation has a few special powers and privileges:
The Progress Authority would be able to issue bonds by mortgaging any of its facilities. As noted above, the Progress Authority's main source of income will be tax revenue.
Unlike typical corporations, the Progress Authority would be required to hold open meetings, as defined by the Alabama sunshine law. However, it may not have to give advance notice of meeting dates and times. The Progress Authority is exempted from state civil service and merit system laws.
[Postscript] In his written summary of the MAPS legislation, Birmingham Councilman Jimmy Blake complains that Section 3 of the MAPS law "gives the Progress Authority enormous power and virtually guarantees that the sales tax [increase] will never end. . . . This is the same as giving the Progress Authority the right to build anything whether or not it is listed in the bill."According to RAPS, early promotional material for MAPS made mention of building a hotel near the stadium/convention center. Such a project would raise the cost of MAPS by tens of millions - all funded by tax dollars.
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Edited by Rob Collins
