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HomeMy WebLinkAbout1283 Platte County Transportation Sales Tax Distribution BILL NO. 2014 -002 ORDINANCE NO. I a 83 AN ORDINANCE APPROVING AN AGREEMENT WITH PLATTE COUNTY, MISSOURI, REGARDING TRANSPORTATION SALES TAX DISTRIBUTION BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: SECTION 1 — AGREEMENT APPROVED. That the Riverside Board of Aldermen ( "Board ") hereby approves the Agreement regarding distribution of the county wide transportation sales tax by and between the City of Riverside and Platte County, Missouri, in substantially the form attached hereto, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City. SECTION 2 — AUTHORITY GRANTED. The Mayor, the City Attorney and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval. BE IT REMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Ald rmen and APPROVED by the Mayor of the City of Riverside this jy day of , 2014. ‘141 Mayor Kathleen L. Rose ATTET: - 'Robin Littre[l, Eit, Clerk • ``. I\ Coe 3 * -� _ PLATTE COUNTY, MISSOURI 2 013 -2023 TRANSPORTATION TAX i ` Cor ` \ CITY DISTRIBUTION AGREEMENT This Agreement is made by and between PLATTE COUNTY, MISSOURI, hereinafter referred to as "COUNTY," and the CITY of RIVERSIDE, MISSOURI, hereinafter referred to as "CITY." WHEREAS, on April 2, 2013, the voters of Platte County approved a county wide sales tax ( "the Tax ") for 10 years for the purpose of financing transportation related projects, including, but not limited to, roads, bridges, drainage structures and sidewalks; and WHEREAS, it is in the best interest of all of the citizens of COUNTY and of CITY to use a portion of the proceeds of the Tax to finance transportation related improvements within the city limits of CITY; and WHEREAS, CITY wishes to accept proceeds from the Tax for transportation related improvements within the city limits of CITY, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties hereby mutually agree as follows: 1. MUNICIPAL SHARE OF PROCEEDS. COUNTY intends to dedicate up to one -half (1/2) of the proceeds of the Tax to finance construction activities within the boundaries of municipal corporations and special road districts in Platte County, Missouri. 2. DISTRIBUTION OF FUNDS. COUNTY shall distribute to CITY on a semi - annual basis a portion of the municipal share of the proceeds received by COUNTY from the Tax, with the distribution calculated on a per capita basis using the 2010 census figures adjusted for any existing or future financial incentives implemented by any city. PLATTE COUNTY, MISSOURI 2013 -2023 TRANSPORTATION TAX CITY DISTRIBUTION AGREEMENT 3. ALLOWABLE WORK. CITY agrees that proceeds from the Tax may only be used to fmance transportation related improvements within CITY. Improvements shall be defined to include new construction, reconstruction/rehabilitation, resurfacing, restoration and operational improvements of the existing roadways, bridges, transportation infrastructure systems and associated appurtenances. 4. INELIGIBLE WORK. Improvements shall not include the following: a) Typical maintenance work including without limitation: snow and ice removal/treatment; roadway and bridge cleaning, crack/pothole repair, surface sealing; culvert and storm drainage system cleaning/flushing; mowing and vegetation management; grading roadways; trash and debris removal /management; and, maintenance of existing traffic control devices, including: painting, striping and signage. b) Any work including improvements made outside the boundaries of the County, the CITY and/or the public right of way. 5. RELEASE OF FUNDS. The COUNTY shall pay proceeds of the Tax to CITY on or about April 1 and October 1 of each year during the duration of the receipt of Tax proceeds. However, CITY shall have the option to decline to receive funds on any particular payment date. In that instance, COUNTY shall hold the funds to CITY'S credit to be made available on the next payment date. 6. CERTIFICATION. CITY shall receive its first distribution of funds without filing any certification with Platte County. However, before receiving any further distribution of tax revenues, CITY shall provide COUNTY with a written certification verifying the use of the previous distribution for CITY'S construction of transportation related projects 2 PLATTE COUNTY, MISSOURI 2013 -2023 TRANSPORTATION TAX • CITY DISTRIBUTION AGREEMENT qualifying for reimbursement from the proceeds of the Tax. CITY shall certify that funds were expended on improvements, as defined in paragraph 2 herein, located within the boundaries of the public right -of -way within CITY. CITY shall provide such other certifications as required on the COUNTY'S certification form, a copy of which is attached hereto as "Exhibit A" and made a part hereof by reference. 7. INDEMNIFICATION AND HOLD HARMLESS. CITY agrees to indemnify, defend and hold harmless COUNTY and its elected officials, employees and agents from and against all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs and expenses (including reasonable attorneys' fees and other litigation expenses) incurred by COUNTY arising out of, or in connection with, any matter or issue related to the performance or interpretation of this Agreement or arising out of, or in connection with, the use by CITY of the funds distributed by COUNTY in accordance with the terms of this Agreement, including the construction of any and all projects performed by CITY using any part of the funds distributed by COUNTY in accordance with the terms of this Agreement. 8. CONSIDERATION. As consideration for COUNTY's distribution of funds received by COUNTY from the Tax to CITY pursuant to this Agreement, CITY agrees to release, acquit, covenant not to sue and forever discharge COUNTY and its elected officials, employees and agents of and from any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs and expenses arising from and by reason of any matter related to the performance or interpretation of this Agreement or the distribution of the proceeds of the Tax in accordance with the terms of this Agreement. If CITY should bring any claim, action, proceeding or litigation against COUNTY regarding any of the subject matters 3 PLATTE COUNTY, MISSOURI 2013 -2023 TRANSPORTATION TAX CITY DISTRIBUTION AGREEMENT described in this paragraph, CITY hereby forfeits all right and claim to any portion of the funds or proceeds from the Tax as described in this Agreement and any proposed allocation of funds to CITY shall be declared null and void and shall be extinguished. 9. APPLICABLE LAW AND REQUIRED FILINGS. This is a Cooperative Agreement authorized by Section 70.210 et seq. RSMo. 2000. This Agreement shall be governed and construed according to the laws of the State of Missouri. 10. AMENDMENTS. Any changes in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representatives of the parties. 11. AUTONOMY. No provision of this Agreement shall be construed to create any type of partnership or joint venture nor create any other rights or liabilities except as may be otherwise expressly set forth herein. 12. EXECUTION. This Agreement shall become effective only after it has been authorized by an Ordinance of CITY and signed by CITY'S Mayor, and authorized by Order of the Platte County Commission and signed by the Presiding Commissioner of Platte County. Certified copies of said Ordinance and said Order shall be attached hereto and made a part of this Agreement. 13. EFFECTIVE DATE. This Agreement shall be effective on the first day of the month following formal approval by both parties as provided herein. 14. TERMINATION. This Agreement shall remain in effect until terminated by either party or amended by mutual agreement in the manner provided for herein. 4 . 1 C0 ...----- * -� * PLATTE COUNTY, MISSOURI 2013 -2023 TRANSPORTATION TAX 'C col-"`" ot> CITY DISTRIBUTION AGREEMENT If either party desires to terminate this Agreement, it will give the other party thirty (30) days written notice of such intent prior to terminating the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their respective representatives, duly authorized, as of the day and year set forth below. PLATTE CO I TY, MISSOURI BY a `a& P' Ira G 0 ' :�l R 2. ( . ' 1 / 'I/____ FIRST DISTRICT COMMISS ONER ( t SECOND DISTRICT COMMISSIONER DATED: FEB 18 2014 COUNTY CLERK Appr ed as o form: COUNTY COUNSELOR PLATTE COUNTY, MISSOURI 2013 -2023 TRANSPORTATION TAX CITY DISTRIBUTION AGREEMENT CITY OF RIVERSIDE, MISS •URI BY: YOR ATTEST: Et, . / CITY CLERK 6 PLATTE COUNTY, MISSOURI 2013 -2023 TRANSPORTATION TAX CITY DISTRIBUTION AGREEMENT "Exhibit A" CERTIFICATION COMES NOW the City of Riverside, Missouri and hereby certifies that it has constructed the below- described transportation related improvements, including, but not limited to, road, street, bridge, and/or sidewalk improvements, located within the City and within Platte County. City further certifies that it has spent the previous distribution from County to City in the sum of $ for the construction of said improvements. The City certifies that all of the improvements listed on this Certification are located within public right -of -way boundaries. The repairs and improvements are as follows: DATES OF WORK LOCATION AND TYPE OF WORK COST OF WORK Executed this day of , 2013. CITY OF RIVERSIDE, MISSOURI BY: MAYOR 7 \ *'�\ I ` sr PLATTE COUNTY COMMISSION p BEVERLEE ROPER JASON BROWN DUANE SOPER ,�- 1ST DISTRICT COMMISSIONER PRESIDING COMMISSIONER 2ND DISTRICT COMMISSIONER 7. Co r t." November 25, 2013 City of Riverside 2950 NW Vivion Rd. Riverside, MO 64150 Re: 2013 -2023 TRANSPORTATION TAX DISTRIBUTION AGREEMENT Honorable Mayor, The Platte County Commission is prepared to share a portion of the proceeds from the transportation sales tax approved by the voters of this county on April 2, 2013. The attached agreement is presented for the City's approval to receive the funds apportioned to your community. Please review, sign, certify and return three original signature documents. Upon final approval by the county commission, one original agreement will be returned to the city for your records. Should you have any questions or comments please contact Platte County Public Works director, Mr. Greg Sager, at (816) 858 -2223. Original documents should be returned to: Platte County Public Works Attn: Greg Sager 15955 Hwy 273 Tracy, MO 64079 Sincerely, Platte County Commission / S. NJ SEC iF /G D ✓ e . A/11 vary 7F-6--e T F,2 E (S /W /A &rt6 g16-Cie 415 Third Street, Suite 105 • Platte City, Missouri 64079 Phone (816) 858 -2232 • Fax: (816) 858 -3329 • www.co.platte.mo.us o ~O Co * -, * PLATTE COUNTY COMMISSION BEVERLEE ROPER JASON BROWN DUANE SOPER • y T 1ST DISTRICT COMMISSIONER PRESIDING COMMISSIONER 2ND DISTRICT COMMISSIONER COL.' COURT ORDER: 2014 -CO- 56 Department: Public Works Prepared by: Greg Sager Court Order Title: Transportation Tax Agreement — City of Riverside Description / Background / Rationale: Upon approval of the countywide transportation sales tax by the voters of Platte County on April 2, 2013, the County has prepared distribution agreements for each of the cities and special road districts for the purpose of financing transportation projects. The attached document outlines the terms and conditions for disbursement of the tax proceeds as mutually agreed upon by the County and the City of Riverside. • MUNICIPAL SHARE OF PROCEEDS & DISTRIBUTION OF FUNDS • ALLOWABLE WORK & INELIGIBLE WORK • ADMINISTRATION OF FUNDS & LEGAL CONSIDERATIONS Budget Impact To be determined as outlined in agreements Fund: 31197520 —40100 Recommendation: Staff recommends approval of the agreement APPROVED BY THE COUNTY COMMISSION OF PLATTE COUNTY, MISSOURI, ON THIS /Bth DAY OF t . jai , �i0 /y . A Jaso rown P siding Commissioner ATTEST: I Beverlee Roper 1st District Commissioner r Joan Harms Duane Soper County Clerk 2nd District Commissioner