COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 081251

Directing the Director of Aviation to increase the Transportation Facility Charge on rental car vehicles at Kansas City International Airport.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Definitions.

Agreement means the Consolidated Rental Car Bus Service and Lease Agreement dated October 11, 2006 between the City and KCI RACS, LLC,and as it may be subsequently amended.

Cost of Service is defined herein as it is defined in the Agreement and includes: i) Bus Service Debt; ii) Payment of Building Rent and Ground Rent; iii) Payments or funds allocated for replacement of Consolidated Buses; and iv) Operation and maintenance expenses.

TFC is defined herein as it is defined in the Agreement and is the transportation facility charge portion of the per rental day use fee upon the rental of a passenger vehicle from a rental car agency at Kansas City International Airport authorized by Kansas City Code Sec. 6-49.

Section 2. Effective May 1, 2009, the Director of Aviation is hereby directed to annually adjust the present TFC so that the TFC collections are equal to the actual certified Cost of Service; provided, however, that the portion of the TFC subject to annual adjustment shall not include the Building Rent and Ground Rent portion of Cost of Service.

Section 3. Any increase in the TFC is contingent upon KCI RACS, LLC submitting, at its sole expense, an independent certified audit of the Cost of Service within 60 calendar days after each anniversary date of the Date of Beneficial Occupancy, as defined in the Agreement.

Section 4. Beginning May 1, 2010, in no event will the annual adjustment of the TFC be an amount more than 5% above the TFC collected during the prior contract year.

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Approved as to form and legality:

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Dorothy L. Campbell

Assistant City Attorney