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HomeMy WebLinkAbout2009-140 - Platte CountyBILL NO. 2009-140 ORDINANCE NO. 2009-140 AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT WITH PLATTE COUNTY, MISSOURI; RATIFIYING AND CONFIRMING THE EXECUTION AND DELIVERY OF SAME; AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH. WHEREAS, the City, pursuant to the Neighborhood Improvement District Act (the "Act"), Sections 67.453 through 67.475, inclusive, RSMo, as amended, created the Briazcliff Professional Plaza Neighborhood Improvement District (the "BPP NID") within the City to acquire, construct and improve certain public improvements with the fmal cost of such improvements to be assessed against the benefited property within the BPP NID; and WHEREAS, the City has assessed such final costs as special assessments against such benefitted properties and has provided an opportunity for the property owners within the BPP NID to pay such special assessments; and WHEREAS, one property owner paid such special assessment in full and the remaining property owners are to pay their special assessments in annual installments; and WHEREAS, the Act provides that the county in which the BPP NID is located is to collect such special assessments; and WHEREAS, it is necessary and desirable to enter into a Cooperative Agreement with Platte County, Missouri pursuant to the Act and Sections 70.210 to Section 70.230, RSMo., as amended, to provide for such collection. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. That the Cooperative Agreement attached hereto as Exhibit A (which is incorporated herein by reference) is hereby approved. Further, the execution of such Agreement and the delivery of same to Platte County, Missouri is hereby ratified and confirmed. Section 2. That all actions heretofore taken by the officers, representatives and agents of the City in connection with the transaction contemplated by this Ordinance are hereby ratified and confirmed, and the City shall, and the officers, representatives and agents of the City are hereby authorized and directed to, take such further action, and execute and deliver such other documents and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance, and to carry out, comply with and perform the duties of the City with respect to the Cooperative Agreement. Section 3. That this Ordinance shall be in full force and effect from and after its passage and approval. COOPERATIVE AGREEMENT THIS AGREEMENT is made and entered into this ~ ~~~ day of October, 2009, by and between Platte County, Missouri (the "County") and the City of Riverside, Missouri (the "City"). WHEREAS, the City, pursuant to the Neighborhood Improvement District Act (the "Act"), Sections 67.453 through 67.475, inclusive, RSMo, as amended, created the Briarcliff Professional Plaza Neighborhood Improvement District (the "BPP NID") within the City to acquire, construct and improve certain public improvements with the final cost of such improvements to be assessed against the benefited property within the BPP NID; and WHEREAS, the City has assessed such final costs as special assessments against such benefitted properties and has provided an opportunity for the property owners within the BPP NID to pay such special assessments; and WHEREAS, one property owner paid such special assessment in full and the remaining property owners aze to pay their special assessments in annual installments; and WHERAS, the City has created the Briarcliff Hills -East of Valley Neighborhood Improvement District and anticipates creating other neighborhood improvement districts (collectively, the "Other NIDs"); and WHEREAS, the City anticipates that other annual assessments will be levied against properties within the Other NIDs; and WHEREAS, it is desirable for the County to collect the annual installments of special assessments for the BPP NID and any Other NIDs as request by the City (the "Assessments"); and WHEREAS, the City has authority to enter into this Cooperative Agreement with the County pursuant to Sections 70.210 to Section 70.230, RSMo., as amended (the "Cooperative Laws"). NOW THEREFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. PURPOSE OF AGREEMENT. This Cooperative Agreement is entered into between the parties pursuant to the provisions of Cooperative Laws, for the purpose of fostering cooperation in the preparation of assessment billings against certain properties located within the boundaries of the City relating to the BPP NID and the Other NIDs. 2. SERVICES TO BE PROVIDED. a. County authorizes the Platte County Collector to prepaze the assessment bills for the City. City will provide Pazcel ID Numbers along with the amount to be collected to the Platte County Collector's office on or before (i) October 5, 2009 for calendaz year 2009, and (ii) September 1 of each year thereafter. b. County authorizes the Platte County Collector to make the collections for the City and to remit the proceeds thereof as directed by the City within fifteen (15) working days after the last day of each month. 3. PAYMENT FOR SERVICES. a. For the use of equipment herein to be made available and the processing of the assessment bills, the City shall pay the sum of one percent (1 %) of the total amount of Assessments due and payable to the City as collected. b. For the purposes of satisfying the collection of the above and foregoing fees, the Platte County Collector shall withhold one percent (1%) of the total Assessments collected for the City at the time of disbursement of funds and deliver such amount to the Platte County Treasurer. 4. TERM. This Cooperative Agreement for the collection of the Assessments shall commence with the 2009 calendaz yeaz and is effective upon execution of this Agreement by the officials designated by County and the City. 5. RENEWAL, EXTENSION, MODIFICATION OR TERMINATION. This Agreement shall renew automatically from yeaz to yeaz and may be modified or terminated upon thirty (30) days notice prior to the end of any taxable yeaz as to the following tax yeaz. If this Agreement shall be modified as to any of its terms, there shall be an addendum to the Cooperative Agreement executed by the appropriate officials of County and the City. [The remainder of this page intentionally left blank.] IN WITNESS WHEREOF, Platte County, Missouri and the City of Riverside, Missouri, have each caused this Agreement to be signed each in their respective name and behalf and their respective corporate seals to be hereunto affixed and attested by their duly authorized officers, all as of the latest date set forth after the respective signatures of the parties below. PLATTE COUNTY, MISSOURI By: Betty Kni t~rnes' ng Commissioner By: 1~I,1.~~ Kathy Dusenbery, First Distri f ommissioner By: Ji 1 sett, Second District Commissioner ATTEST: County Jerk Date: /o /J09 Approved to f nn: J~~~' `~xkJ By: Platte County Counselor CITY OR RIVERSIDE, MISSOURI Bernie Bruns, Mayor Pro Tem (SEAL) ATTEST: i ise Rusick, Crty erk Date: ~h-, e1.~o240~ 4 ~~ Passed and Approved this /Jday of_L2009. ayor Kathleen L. Rose (SEAL) ATTEST: City Clerk