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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 030925
Providing for the exercise
of the powers, functions, and duties of the Downtown Economic Stimulus
Authority of Kansas City, Missouri under the provisions of Sections 99.915 to
99.980, RSMo, known as the Missouri Downtown and Rural Economic Stimulus Act,
approved May 9, 2003 and requesting the Mayor to appoint Commissioners;
recognizing the City Councils continued role as the final decision-making body
for approval of development projects; and affirming the requirement of Council
approval for the Downtown Economic Stimulus Authority activities.
WHEREAS, the 92nd
General Assembly of the State of Missouri passed House Bill No. 289 (the Bill),
which among other things enacted the Missouri Downtown and Rural Economic
Stimulus Act, Sections 99.915 to 99.1060, RSMo (the Act); and
WHEREAS, the Bill
was approved by the Governor on July 7, 2003, and certain provisions of the Act
became effective on July 7, 2003; and
WHEREAS, the City
desires to create a Downtown Economic Stimulus Authority within the meaning
of the Act and authorize such Authority to exercise the powers, functions, and
duties of an authority under Sections 99.915 to 99.980; and.
WHEREAS, the
Greater Downtown Development Authority will continue to operate in an advisory
role to provide input into the development of Greater Downtown Kansas City; and
WHEREAS, the
Kansas City Parking Authority will continue to advise the Greater Downtown
Development Authority and the City as to parking issues and solutions; and
WHEREAS, the
Downtown Economic Stimulus Authority is set up to be one additional step in the
Citys current development process, only for those developments requiring the
tools of the Missouri Downtown Economic Stimulus Act; and
WHEREAS, the City
Council, the Planning, Zoning and Economic Development Committee of the City
Council, the City Plan Commission, the Citys Planning and Development
Department, the Tax Increment Financing Commission, and other statutory
agencies will continue to play their appointed role in the development process;
NOW, THEREFORE,
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY:
Section 1. The
Council finds:
(a) That
it would be in the interest of the public to consider the establishment of a
development area in accordance with Sections 99.915 to 99.980 of the Act;
(b) That
the development of such a development area would be in the interest of
the
public health, safety, morals, or welfare of the residents of Kansas City,
Missouri; and
(c) That
it is anticipated that such a development area can be renovated through a
series of one or more development projects.
Section 2. The
Council hereby creates a Downtown Economic Stimulus Authority within the
meaning of the Act, to be known as the Downtown Economic Stimulus Authority of
Kansas City, Missouri, consisting of twelve (12) Commissioners, plus the
Mayor, who shall serve as co-chair of the Authority as provided by the Act.
Section 3. The
Downtown Economic Stimulus Authority (the Authority) will consist of
representatives as required by the Act, including a community development
corporation representative, a representative of the school district, and an
African-American business owner. In addition, the City-appointed standing
members of the City's Tax Increment Financing Commission plus other at-large
members will serve. Those Commissioners of the Downtown Economic Stimulus
Authority that by the Act are to be appointed by the Mayor will be appointed by
the Mayor with City Council consent.
Section 4. The
Council hereby approves the exercise of the powers, functions, and duties of a Downtown
Economic Stimulus Authority by the Downtown Economic Stimulus Authority of
Kansas City, Missouri, under Sections 99.915 to 99.980, RSMo, as amended from
time to time.
Section 5. That
the Mayor is hereby requested to appoint those Commissioners of the Downtown
Economic Stimulus Authority of Kansas City, Missouri as are to be appointed by
the Mayor pursuant to, and in accordance with, Sections 99.924 and 99.927 RSMo.
Section 6. That
the Council recognizes the continuing role of the existing commitees,
commissions, departments and agencies in the development process and recognizes
the Councils continuing role as final decision-maker regarding development
projects.
Section 7. That
the Council further affirms that all development plans and projects under the
Act must be approved by the Council and all activities of the Authority,
including the generation and expenditure of revenues, must be in accordance
with development plans and projects approved by the Council.
_____________________________________________
Approved
as to form and legality:
___________________________________
Assistant
City Attorney