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HomeMy WebLinkAbout2001-131 - Cooperation Agreement with Riverside Quindaro Bend Levee DistrictBILL NO. ~~~~~~~~"~~~ ORDINANCE NO. ~`°~~ ~~~ AN ORll1NANCE APPROVING THE COOPERATION AGREEMENT BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND THE RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI RELATING TO USE OF ROADS AND RIGHTS-OF-WAY FOR THE L-385 LEVEE PROJECT; AND ACTIONS KELATED THF,RETO. WHEREAS, the L-385 Levee Project is necessary for [he protectio^ of the health, welfare and safety of the City, including the protection of the existing commercial buildings, infrastructure, including streets, roads and other infi~ashucture, and jobs in the City as well as opportunities for substantial development after completion of the Levee Project; and WHEREAS, the City and the Lcvcc Dishict submitted the Financing Plan for the Riverside/Quindaro L-385 Levee Project ("Financing Plan") to the U.S. Army Corps of Engineers detailing the partnership for providing for the financing of the local share of the costs of the Levee Project; and WHEREAS, the City, the Tax Increment Financing Commission of Riverside, Missouri (the '°I'IF Commission") and the Levee District entered into the Agreement Relating To Funding Of Ca~tain Lcvcc Project Costs, and WHEREAS, the City and the Levee District entered into the L-385 Intergovernmental Agreement along with the TIF Commission, Platte County, Missouri, Missouri Development Finance Board ("MDFB") and Trillium Corporation relating to implementation of the Financing Plan; and WHEREAS, the City has approved the L-385 Lcvcc Redevelopment Plan (the "T[F Redevelopment Plan"), the Redevelopment Area and the Redevelopment Project [Area and phases thereof and may approve additional redevelopment project areas render the TIF Redevelopment Plan; all pursuant to the Real Property Tax Increment Financing Allocation Redevelopment Act of the Revised Statutes of Missouri (the "TIF Act"), and WHhRI?AS, the City has issued tax increment financing bonds to finance preliminary costs of the Levee Project; and WHEREAS, the City has approved the cxccution of a Cooperation Agreement relating to the issuance of bonds by MDFB relating to bonds to be issued to finance a portion of the costs for the Levee Project; and WHEREAS, the City desires to consider the Cooperation Agreement Between The City Of Riverside, Missouri And 'Lhe Riverside-Quindaro Bend Levee District Of Platte County, Missouri Relating To Use of Roads and Rights-of-Ways for the L-385 Levee Project ("Agreement"), NOW,'1'HEREFORI?, BE I'P ORDAINED by the Board of Aldermen of the City of Riverside, Missow~i; Section I. The Board finds that the Levee Project and the related appurtenances and work to be performed in City sheets, rights-of-way and roads serves an important public purpose of the City and that such work will benefits the health, safety and welfare of the City. Section 2. The Agreement provides for cooperation between the City and Levee District for construction of portions of the Levee Project in the City right of way, including relocation of utilities in the right of way, which will facilitate timely completion of the Project and reduce the cost to the public. Section 3. The Agreement, in substantially the form attad~ed as Exhibit A, is approved. Section 4. The Mayor, City Clerk and other officers are authorized and directed to execute the Agreement with such d~anges as such officer shall approve, execution of such document being conclusive proof of such approval. Each officer is authorized and directed to perform all acts and execute any other documents necessary or desirable to effectuate the intent of this Ordinance and the obligations of the City under the Agreement. Section 5. This Ordinance shall be in full force and effect from and after its passage and approval. ADOPTED this ~ day of November, 2001. ~.~ ,_~~ MAYO12 ATTEST: i~/ii.!!~ ~//J/.>//1..~/ ~C;I~['Y CLERK (~:ADncu mcnls and ScuinesVI nia is kVLuad Saline.ATe mpom rr Inic rnct FilesVOLK7AKO?i377I.UOC CITY OF RIVERSIDE ,MISSOURI, AND RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI, COOPERATION AGREEMENT IN CONNECTION WITH THE L-385 LEVEE PROJECT COOPERATION AGREEMENT THIS COOPERATION AGREEMENT made and entered into as of November ~, 2001, by and among the CITY OP' RIVERSIDE, MISSOURI, a fourth class city of the State of Missouri (the "City") and RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI, a levee district formed under Sections 245.010 to 245.280 of the Revised Statutes of Missouri, located in Platte and Clay Counties, Missouri (the "Levee District"), WITNESSETH: WHEREAS, pursuant to Chapter 245 of the Revised Statutes of Missouri (the "Levee District Act"), a Plan of Reclamation filed in the Circuit Court of Platte County on August 9, 1976, as amended and supplemented by the Supplement to Plan of Reclamation dated March, 1999, and by the Supplement to Plan of Reclamation dated April 17, 2000, all showing the works and improvements proposed for the Levee District (the "Levee Project"), has been heretofore adopted by the Board of Supervisors of the Levee District and approved by the Circuit Court of the County (the "Plan of Reclamation"); and WHEREAS, the Levee Project is necessary for the protection of the health, welfare and safety of the City, including the protection of the existing commercial buildings, infrastructure, including streets, roads and other infrastructure, and jobs in the City as well as opportunities for substantial development after completion of the Levee Project; and WHEREAS, the City has approved the L-385 Levee Redevelopment Plan (the "TIF Redevelopment Plan"), the Redevelopment Area and the Redevelopment Project I Area and phases thereof and may approve additional redevelopment project areas under the TIF Redevelopment Plan; all pursuant to the Real Property Tax Increment Financing Allocation Redevelopment Act of the Revised Statutes of Missouri (the "TIF Act"), WHEREAS, the Levee Project Costs qualify as Redevelopment Project Costs (as that term is defined in the TIF Redevelopment Plan) under the TIF Redevelopment Plan; and WHEREAS, the City and the Levee District submitted the Financing Plan for the Riverside/Quindazo L-385 Levee Project ("Financing Plan") to the U.S. Army Corps of Engineers detailing the partnership for providing for the financing of the local share of the costs of the Levee Project; and WHEREAS, the City, the Tax Increment Financing Commission of Riverside, Missouri (the "TIF Commission") and the Levee District entered into the Agreement Relating To Funding Of Certain Levee Project Costs; and WHEREAS, the City and the Levee District entered into the L-385 Intergovernmental Agreement along with the TIF Commission, Platte County, Missouri, a Missouri first class county (the "County"), Missouri Development Finance Boazd ("MDFB") and Trillium Corporation, a Washington corporation relating to implementation of the Financing Plan; and WHEREAS, the City has heretofore issued its Tax Increment Revenue Bonds (L-385 Levee Project), Series 1998, in the principal amount of $1,000,000 and its Tax Increment Revenue Bonds (L- 385 Levee Project), Series 1999, in the principal amount of $1,400,000 and expects to issue additional bonds, and has incurred and expects to incur other obligations, costs and expenses, payable from TIF Revenues in the, the proceeds of which have been or will be used to pay Levee Project Costs and other Redevelopment Project Costs; and WHEREAS, the City has approved An Ordinance Authorizing The Execution And Delivery Of A Cooperation Agreement Among The City, Riverside-Quindaro Bend Levee District Of Platte County, Missouri, UMB Bank, N.A., As Trustee, And Platte County, Missouri; A Financing Agreement Among The City, Missouri Development Finance Board And Said Levee District; A Continuing Disclosure Agreement Among The City, Said Levee District And UMB Bank, N.A., As Dissemination Agent; And - Authorizing Related Actions in connection with bonds to be issued to finance a portion of the costs for the Levee Project; and NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements contained herein, the parties agree as follows: Section 1. Public Purpose. The City believes that the construction and operation of the Levee Project is an essential public purpose. The Project will promote the economic, social, industrial, cultural and commercial growth of the City and will contribute to the general health, safety and welfare and benefit of the City. The Project will include public improvements within the streets, easements and other rights of way owned by the City. Further, it will assist in the elimination of blight in the Redevelopment Area described in the Redevelopment Plan. Section 2. Construction of the Levee Project. (a) The Levee District, subject to receiving funds and an acceptable bid for the work, shall expeditiously construct the Levee Project, applying those procedures usually applied to federal and Missouri state projects, pursuant to federal and state laws and regulations. (b) The Levee District shall afford the City the opportunity to review and comment upon all relevant plans and specifications for the Levee Project. The Levee District will consider in good faith the comments of the City. (c) Prior to any work in the public streets, easements and other rights of way now or hereafter owned by the City (the "Public Ways"), the Levee District will provide notice to the City of the type and location of the work, the contractor performing the work, and the expected dates of commencement and completion. The Levee District and [he City will cooperate to develop and implement any additional plan review, permit and construction procedures necessary to ensure responsible construction practices. (d) If any work in the Public Ways requires the relocation of facilities previously located in the Public Ways, the City shall order that the owner of the facilities relocate the facilities promptly so as not to interfere with or delay the work to be performed as a part of the Levee Project, provided that the City shall not be required to assume or pay any cost of such relocation. The City shall grant all Public Ways use permits or permit amendments required for such relocations without further application or fee. Section 3. Compensation. The City will not impose any user fee or otherwise request compensation for use of the Public Ways as part of the Levee Project, but does not waive any claim for actual damage to streets, sidewalks or other portions of Public Ways during construction. Section 4. Notices. Notices and written certifications required under this Agreement shall be sufficient if given by fax, email, certified mail (return receipt requested) or trackable overnight delivery service, as follows: -2- (a) To the City: City of Riverside, Missouri 4500 NW High Dr. P.O. Box 9135 Riverside, Missouri 64168 Attention: City Administrator 816-741-3993 816-746-8349 FAX with a copy to: Stephen A. Crystal Armstrong Teasdale LLP 2345 Grand Blvd., Suite 2000 Kansas City, Missouri 64108 816-22]-3420 816-221-0786 FAX (b) To the Levee District: R. Michael McGinness McGinness & Shaw P.O. Box 168 303 Marshall Road Platte City, Missouri 64079 816-858-2630 816-431-5086 FAX Section 5. Amendment. The Agreement shall be amended only in writing signed by all parties hereto. Section 6. Binding Effect. This Agreement shall be binding upon the parties hereto and upon their successors and assigns. Section 7. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Missouri. -3- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives the day and year first above written. ATTEST: Nafne: uise Rusick Title: ity Clerk CITY OF RIVERSIDE, MISSOURI By: .~-C~j ~tt~c'-fi' Name: Betty Bur ~ Title: Mayor RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI ATTEST: Name: Phi/L 5/VO~/DFn/ Title: Secretary Name: ~b QT' W. ~! ~SCK~ Title: ,6'a,~/ZJ~ ,PPS/ f)2N7~ -4- ACKNOWLEDGMENT STATE OF MISSOURI ) SS. COUNTY OF PLATTE ) On this/~~~ay of~NvlA.e , 200~-before me, the undersigned, a Notary Public, appeared FobP2T W 6-iP £~, to me personally known, who, being by me duly sworn, did say that (s)he is the,G~nRA f Rrs~nevTof RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI, a body politic and corporate duly authorized, incorporated and existing under and by virtue of the laws of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said District, and that said instrument was signed and sealed in behalf of said District by authority of its Governing Body, and said officer acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last above written. i~~~ ~ ~_ . Printed/"Name: ///i/~S"S' Notary Public in and for said State Commissioned in ~~~ County (SEAL) My commission expires: MICHAEL McGINNESS Notary Public -Notary Seal STATE OF MISSOURI Platte County My Commission Expires__ /-~~~_d,r"