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Home My WebLink About2001-110 - Intergovernmental Agreement with Platte CountyBILL NO.~C~CC~/ //l) ORDINANCE NO. ~ ~~~~ ~~~ AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF PLATTE, MISSOURI IN CONNECTION WITH THE GATEWAY REDEVELOPMENT PLAN AND AUTHORIZING ACTIONS RELATED THERETO WHEREAS, the City and the TIF Commission are considering the proposed Gateway Redevelopment Plan in order to encourage and facilitate the enhancement of real property and other tax bases, the removal of blight and local economic development and redevelopment activities. WHEREAS, under the Redevelopment Plan, Reimbursable Project Costs incurred by the City, the TIF Commission and/or developer(s) selected to implement Redevelopment Project(s) will be funded from Economic Activity Taxes and Payments in Lieu of Taxes. WHEREAS, the City recognizes the importance to the County of maintaining and enhancing its tax base and the County recognizes the importance to the City of encouraging development and the removal of blight and the parties desire to enter into the Gateway Intergovernmental Agreement ("Agreement") to facilitate these goals. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: Section 1. The Agreement, in substantially the form attached as Exhibit A, is approved. Section 2. The Mayor and City Clerk are authorized to execute such document with such changes as such officer shall approve, execution of such document being conclusive proof of such approval. The Mayor, City Clerk and City Administrator are each authorized and directed to perform all acts and execute any other documents necessary or desirable to effectuate the intent of this Ordinance. Section ~. This Ordinance shall be in full force and effect from and after its passage and approval. ; /i., Adopted and passed this ~ ~~~~ day of _ ~~ t ~~~,C-C~:: ~L-, 2001. A TEST: j 1. L~ ~ Ci Clerk ~~7~% ~~ , Betty B ich, Mayor CITY OF RIVERSIDE, MISSOURI COUNTY OF PLATTE, MISSOURI GATEWAY INTERGOVERNMENTAL AGREEMENT This Agreement is effective as of the Effective Date (as defined in Section 13), by and between the City of Riverside, Missouri, a Missouri fourth class city (the "City"), the Tax Increment Financing Commission of Riverside, Missouri ("TIF Commission"), and County of Platte, Missouri ("County"). RECITALS A. The City is a fourth class municipality of the State of Missouri ("State") duly organized and validly existing. B. The County is a county of the first class duly organized and validly existing. C. The TIF Commission was created pursuant to Ordinance No. 95-64, adopted by the Board of Aldermen of Riverside, Missouri on September 12, 1995 and pursuant to the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the "Act"). D. The City and the TIF Commission are considering the proposed Gateway Redevelopment Plan (as now and hereafter amended, the "Redevelopment Plan") which could classify the real property (the "Redevelopment Area") legally described in the attached Exhibit "A" as a "blighted area" and designate it as a "redevelopment area" pursuant to the Act; and provide for the redevelopment of the Redevelopment Area. Terms used in this Agreement but not defined herein shall have the meaning ascribed to such term in the Redevelopment Plan. E. The Redevelopment Plan has as its objectives, the enhancement of real property and other tax bases, the removal of blight and the encouragement of local economic development and redevelopment activities. F. Under the Redevelopment Plan, Reimbursable Project Costs incurred by the City, the TIF Commission and/or developer(s) selected to implement Redevelopment Project(s) will be funded from Economic Activity Taxes and Payments in Lieu of Taxes. G. The City, the TIF Commission and the County desire to set forth in this Agreement certain agreements relating to certain Economic Activity Taxes under the Redevelopment Plan. AGREEMENT NOW THEREFORE, the parties agree as follows: 1. Redevelopment Project. All Redevelopment Projects under the Redevelopment Plan for which Reimbursable Project Costs are requested to be paid or reimbursed from tax increment financing revenues will be considered by the TIF Commissions and the City on an individual case by case basis. 2. No Residential as a Redevelopment Project Area. No residential homes will be designated as a Redevelopment Project Area under the Redevelopment Plan and therefore, no tax increment financing revenues will be collected from residential homes. 3. Determination of Economic Activity Taxes. Under the Redevelopment Plan, the term "Economic Activity Taxes" or "EATS" will not include the County's ten year sales tax of .5 % for the specific purpose of parks, recreation and stormwater control in effect on the date hereof. The Redevelopment Plan shall expressly state that such tax is excluded from "EATS. " 4. Term of Individual Redevelopment Project Areas. The term during which EATs will be collected under the Redevelopment Plan will be as follows: a. For a Redevelopment Project which is anticipated to at least triple the then assessed value of the applicable Redevelopment Project Area upon completion, not more than 10 years. b. For all other Redevelopment Projects, not more than 5 years. 5. Notices. Any notice or other communication required, permitted or contemplated by this Agreement must be in writing and may be given by United States Mail, postage prepaid, or registered or certified mail, return receipt requested, and shall be deemed delivered when deposited in the United States mail addressed as follows: For City of Riverside: City of Riverside 2950 NW Vivion Riverside, Missouri 64150 Attn: City Administrator Phone: 816-741-3993 Fax: 816-746-8349 -2- with a copy to: Stephen A. Crystal, Esq. Armstrong Teasdale, LLP 2345 Grand Boulevard, Suite 2000 Kansas City, Missouri 64108 Phone: 816-221-3420 Fax: 816-221-0786 For Riverside TIF Commission: TIF Commission 2950 Vivion Riverside, Missouri 64150 Attn: Ron Super, Chairman with a copy to: Stephen A. Crystal, Esq. Armstrong Teasdale, LLP 2345 Grand Boulevard, Suite 2000 Kansas City, Missouri 64108 Phone: 816-221-3420 Fax: 816-221-0786 For County: Presiding Commissioner Platte County Commission 415 3rd Street Platte City, Missouri 64079 Phone: 816-858-2232 Fax: 816-858-3329 with a copy to: Robert H. Shaw, Esq. McGinness & Shaw 303 Marshall Road P.O. Box 168 Platte City, Missouri 64079 Phone: 816-858-2630 Fax: 816-431-5086 -3- Notice given in any other manner shall be deemed delivered when actually received. Any party may change its notice address by giving the other parties written notice of such change. 6. Cooperation. The parties agree to work together to accomplishment the goals and objectives of the Redevelopment Plan and this Agreement. 7. Successors and Assigr-s. Neither this Agreement nor any right or obligation under it may be assigned by any party without the prior written approval of the other parties. This Agreement shall be binding upon the parties and their respective successors and permitted assigns. 8. Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Missouri without regard to conflict of law statutes. 9. Amendments. This Agreement may not be amended or modified except by a written instrument signed by the party against whom enforcement of such amendment or modification is sought. The parties agree to modify the procedures set forth in this Agreement as may be needed to meet the specific needs of Redevelopment Plan adopted in the future, any amendments to the Act, policies or rules adopted by the Missouri Department of Revenue, or court orders or rulings affecting the procedures set forth in this Agreement. 10. Conflict. If any provision of this Agreement conflicts with the Act, the Act shall control. 11. Interpretation. Where required for proper interpretation, words in the singular shall include the plural, and words of any gender shall include all genders. The descriptive headings of the articles and sections of this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. 12. Waiver. No waiver by any party of any of its rights or remedies under this Agreement shall be considered a waiver of any other or subsequent right or remedy. No waiver by any party of any of its rights or remedies under this Agreement shall be effective unless evidenced by a written instrument executed by the waiving party. 13. Effective Date. The effective date ("Effective Date") of this Agreement shall be deemed to be the last of the dates indicated below at the signatures of the parties, and such date shall be the "date hereof" for the purpose of computing the time periods set forth in this Agreement. 14. Term of Agreement. This Agreement concerns the Redevelopment Plan. This Agreement shall continue in effect for the term of the Redevelopment Plan and shall terminate upon the termination of the Redevelopment Plan. -4- EXECUTED as of the date first above written. CITY OF RIVERSIDE, MISSOURI I ~ Date:, ~ ~ ~^ ~-~ ~ ,<G'/~~ By: ~.z- C~ ~GL2c.L~ Betty Bu h, Mayor ATTEST:. " / . • ~.+~ ~itl Clerk APPROVED AS TO FORM: City Attorney Date: ~~ dS~O ATTEST: Co my Clerk APPROVED AS TO FORM: County Attorney COUN Y OF PLATTE, MISSOURI By: Name: Title: TAX INCREMENT FINANCING COMMISSION OF RIVERSIDE, MISSOURI Date: i ;~ ~' ~ ~ By: -5- Ron Super, Chairman ATTEST: Secretary APPROVED AS TO FORM: TIF Commission Attorney -6-