HomeMy WebLinkAbout1963 Approving 2023-2033 Transportation Tax City Distribution Agreement BILL NO. 2023-072 ORDINANCE NO. I9L03
AN ORDINANCE APPROVING 2023-2033 TRANSPORTATION TAX CITY
DISTRIBUTION AGREEMENT
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
hereby approves the 2023-2033 Transportation Tax City Distribution Agreement with
Platte County, Missouri, in substantially the form attached hereto, and the Mayor is
authorized to execute the agreement on the City's behalf.
SECTION 2 — AUTHORITY GRANTED. The Mayor, the City Administrator 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 REMEMBERED that the above was read two times by heading only, PASSED
AND APPROVED by a majority of the Board of Aldermen and APPROVED by the
Mayor of the City of Riverside this 5 "day of December 2023.
a
M r Kathleen L. Rose
ATTEST:
Robin Kincaid; City Clerk
141'1- CD&
* . PLATTE COUNTY COMMISSION
i O SCOTT FRICKER DAGMAR WOOD JOE VANOVER
PRESIDING COMMISSIONER 1ST DISTRICT COMMISSIONER 2ND DISTRICT COMMISSIONER
COU
ATTESTED TRUE COPY
JERA PRUITT
C • • 'LATTE C C ISSION
COURT ORDER: 2024- CO - 035
Department: Public Works Prepared by: Bob Heim
Court Order Title: Transportation Tax Agreement—City of Riverside
Description / Background I Rationale:
Upon approval of the countywide transportation sales tax by the voters of Platte County on
November 8, 2022, 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: 3119-7520-40100
Recommendation: Staff recommends approval of the agreement
APPROVED BY THE COUNTY COMMISSION OF PLATTE COUNTY, MISSOURI, ON
THIS 4th DAY/!�,,,.����.� March , 2024 .
..9 ;
* , *•% Scott Fricker
"014' � k w' 0 Presiding Commissioner
ATTEST: 1 1,0 Da mar Woo
1st Distri missioner
YU' \Orf J
Jera Pruitt Joe nover
County Clerk 2nd District Commissioner
.. ----
•'1" ryi-.
*' PLATTE COUNTY, MISSOURI
:._ 2023-2033 TRANSPORTATION TAX
!f c,..<- 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 November 8, 2022, the voters of Platte County approved a countywide
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, the proceeds of the Tax will begin being collected on October 1, 2023 and
will be distributed to the County by the Missouri Department of Revenue beginning on or about
December 1, 2023; 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:
PLATTE COUNTY,MISSOURI
2023-2033 TRANSPORTATION TAX
CITY DISTRIBUTION AGREEMENT
1. MUNICIPAL SHARE OF PROCEEDS. COUNTY intends to dedicate
up to sixty-five and seven tenths of one percent (65.7%) of the proceeds of the Tax to finance
construction activities within the boundaries of municipal corporations 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 2020 census figures adjusted
for any existing or future financial incentives implemented by any city.
3. ALLOWABLE WORK. CITY agrees that proceeds from the Tax may
only be used to finance 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.
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011) PLATTE COUNTY,MISSOURI
2023-2033 TRANSPORTATION TAX
CITY DISTRIBUTION AGREEMENT
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
qualifying for reimbursement from the proceeds of the Tax. CITY shall certify that funds were
expended on improvements,as defined in paragraph 3 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. To the extent
permitted by law, 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
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PLATTE COUNTY,MISSOURI
2023-2033 TRANSPORTATION TAX
CITY DISTRIBUTION AGREEMENT
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 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. 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.
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:=� 2023-2033 TRANSPORTATION TAX
CITY DISTRIBUTION AGREEMENT
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. 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.
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PLATTE COUNTY,MISSOURI
2023-2033 TRANSPORTATION TAX
CITY DISTRIBUTION 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.
PI ATTE COUA I URI
BY:
PRESIDING COMMISSIONER
/ /4404 „ FIRST DISTRICT COMMISSIONER
I1 ktIAL as i
014L 775-11.
o,• :0 SECOND DISTRICT COMMISSIONER
tbAs
s 3/4
/aoa 4 l��,�1 DATED:
TE Cot
ATTEST: Approved as to form:
YA.At•, NOr\t° lth
COUNTY CLERK COUNTY COUNSELOR
6
• PLAITE COUNTY,MISSOURI
2023-2033 TRANSPORTATION TAX
CITY DISTRIBUTION AGREEMENT
CITY OF RIVERSIDE, MISSOURI
BY: 1,41ail-14/0Xie04a4--
MAYOR
SkYrEST: 1
CITY CLERK
Approved as to form:
CITY ATTORNEY
7
PLATTE COUNTY,MISSOURI
2023-2033 TRANSPORTATION TAX
CITY DISTRIBUTION AGREEMENT ,
CITY OF RIVERSIDE, MISSOURI
BY:
MAYOR
<-.Atf:4T:
<-
t
Is
CITY CLERK
Approved as to form:
CITY ATTORNEY
7
r
14 PLATTE COUNTY,MISSOURI
2023-2033 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 , 20
CITY OF RIVERSIDE, MISSOURI
BY:
MAYOR
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