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.

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Approved as to form and legality:

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Assistant City Attorney