KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 150191 Introduction Date: 3/19/2015
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 2, Code of Ordinances, by repealing Sections 2-931, Neighborhood tourist development fund committee, 2-932, Project selection guidelines, 2-933, Applicant criteria, 2-934, Activity criteria, 2-936, Contract administration, 2-937, Additional program requirements and restrictions, 2-938, Administration of neighborhood tourist development fund and 2-939, Forms/schedules pertaining to neighborhood tourist development fund and enacting in lieu thereof new sections of like number and subject matter.

Legislation History
DateMinutesDescription
3/18/2015 Filed by the Clerk's office
3/19/2015 Referred to Finance, Governance & Ethics Committee
3/25/2015 Advance and Do Pass as a Committee Substitute, Debate
3/26/2015 Passed as Substituted

View Attachments
FileTypeSizeDescription
150191.pdf Authenticated 673K Authenticated
150191-Revised Compared Version.pdf Compared Version 117K Revised Compared Version
NTDF_FinancialCommitteePresentation.pptx Other 2012K NTDF PRESENTATION
NTDF Ordinance Fact Sheet 03-19-2015.xlsx Fact Sheet 20K Fact Sheet
150191 Compared.pdf Compared Version 154K Compared Version

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 150191

 

Amending Chapter 2, Code of Ordinances, by repealing Sections 2-931, Neighborhood tourist development fund committee, 2-932, Project selection guidelines, 2-933, Applicant criteria, 2-934, Activity criteria, 2-936, Contract administration, 2-937, Additional program requirements and restrictions, 2-938, Administration of neighborhood tourist development fund and 2-939, Forms/schedules pertaining to neighborhood tourist development fund and enacting in lieu thereof new sections of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 2, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 2-931, Neighborhood tourist development fund committee, 2-932, Project selection guidelines, 2-933, Applicant criteria, 2-934, Activity criteria, 2-936, Contract administration, 2-937, Additional program requirements and restrictions, 2-938, Administration of neighborhood tourist development fund and 2-939, Forms/schedules pertaining to neighborhood tourist development fund and enacting in lieu thereof new sections of like number and subject matter to read as follow:

 

Sec. 2-931. Neighborhood tourist development fund committee.

 

The council establishes the following plan for the administration of the neighborhood tourist development fund:

 

(1) A neighborhood tourist development fund committee of 15 members is hereby established, consisting of:

 

a. Two persons from each council district, each to be appointed by his or her respective council representative;

 

b. Three representatives from the community at-large, to be appointed by the mayor.

 

(2) All members must be residents of Kansas City. Six councilmanic district representatives will serve one-year terms. The remaining six councilmanic representatives will serve two-year terms. The city-wide representatives will serve a three-year term; however, all members shall continue in office as such until the respective successors shall have been appointed and qualified. All terms will begin on April 1. The mayor shall designate one member of the committee to serve as its chairperson. The purpose of the committee will be to review proposals and make recommendations to the council on the disbursement of the funds on a city-wide basis.

 

a. The neighborhood tourist development fund of the convention and tourism tax will be appropriated to one city-wide account.

 

b. The committee will meet as often as necessary to review proposals for funding.

 

c. Recommendations on the disbursement of funds will be made quarterly during the fiscal year. The first quarterly disbursement process will be included with the manager's budget package.

 

d. The city manager will cause to be prepared for introduction before council an ordinance reflecting the committee's recommendation.

 

e. No proposal will be considered by the council for approval, modification or disapproval, without first being reviewed and reported to the council by the committee.

 

f. Staff will notify the council of any proposals not recommended by the committee in the form of a communication to the mayor and council.

 

(3) The committee is authorized to adopt reasonable rules and regulations governing the form, method and procedures used in the recommendation on the disbursement of funds, and for the conduct and administration of its affairs.

 

Sec. 2-932. Project selection guidelines.

 

In accordance with the general purpose of the fund to promote neighborhoods, through cultural, social, ethnic, historic, educational and recreational activities in conjunction with promoting such city as an international trade, convention, visitors and tourist center, the following guidelines for project selection are established:

 

(1) Projects must take place within city limits and should have appeal to local residents as well as to tourists.

 

(2) Projects should be open to the general public and attract persons who would not otherwise plan to be in Kansas City, as well as interest those who are visiting for other purposes.

 

(3) Projects should not reflect or enhance political parties, candidates or political office holders.

 

(4) Projects should not be normal ongoing activities of individual block clubs and home associations.

 

(5) Capital projects may be considered if such projects are consistent with all other guidelines herein and funding for the planning, maintenance, and staffing of the capital projects from sources other than the fund are outlined in the applications.

 

(6) Proposals which include hiring staff, securing consultant/planning services, or market studies are prohibited;

 

(7) Proposals which include advertising should be encouraged, and such advertising may take the form of brochures, advertisements in travel literature, electronic presentations, etc. All publicity and advertising must include reference to the city and credit the neighborhood tourist development fund monies as a funding source.

 

(8) Proposals which request funds to supplant operating costs currently publicly-supported should not be considered.

(9) Those proposals which are designed to generate funds which might alleviate the need for future city subsidy are preferred.

 

(10) In order to maximize tourist participation, projects which have been coordinated with the convention and tourism industry are encouraged.

 

(11) Proposals which provide for the maintenance of capital projects, including tourist attractions, are prohibited.

 

Sec. 2-933. Applicant requirements.

 

In accordance with the state requirements, these funds must be provided to not-for-profit organizations which are incorporated in the state and located within city limits. An eligible applicant must also meet the following criteria:

 

(1)               Must demonstrate that it encourages broad based citizen input and participation. This fund is intended to assist groups and projects as defined herein, as well as umbrella organizations and development corporations which meet state and local requirements

 

Sec. 2-934. Activity criteria.

 

(a) The council instructs the NTDF committee to recommend funding for only "neighborhood tourist development activities." Neighborhood tourist development activities are cultural, social, ethnic, historic, educational and recreational activities that are in conjunction with promoting the city as an international trade, convention, visitors and tourist center and which meet all of the following criteria:

 

(1) Tourist.

 

a. Provide a clear appeal to persons who live in Kansas City to attend the proposed activity who would not normally visit the neighborhood; and

 

b. Provide a clear appeal to persons who do not live in Kansas City, but who are visiting in the city or who would travel to Kansas City to participate in or otherwise attend the proposed activity.

 

(2) Tourist development.

 

a. Provide a clear goal for the implementation of subsection (1) above.

 

b. Provide short- and long-term goals for achieving and maintaining interest in the proposed activity.

 

(b) Applicants, in addition to meeting subsection (a), must provide the following information:

 

(1) Provide a clear, geographical definition of the neighborhood which is the sponsor of the activity.

 

(2) Provide a clear, geographical definition of the neighborhood which is the beneficiary of the activity.

 

(3) Provide a clear description of the way in which the activity will promote the benefitting neighborhood.

 

(4) Provide a clear description of the way in which the activity will benefit the neighborhood in the short term and in the long term.

 

(5) Provide written documentation that demonstrates timely advance communication about the activity to surrounding registered neighborhood groups and that such groups have the opportunity to participate in the planning, and if possible, the execution of the activity.

 

(6) Provide a resolution from the non-profit board of directors stating that the activity meets the requirements for tourist development activity.

 

Sec. 2-936. Contract administration.

 

(a) Staff from the city manager’s office will be responsible for the contract administration of this fund in accordance with the city manager's administrative regulations setting forth the procedures, consistent with federal and state law, the City Charter, and the Code of Ordinances, for entering into contracts with non-municipal agencies.

 

(b) Notwithstanding any provision to the contrary, the specific procedures for NTDF contracts regarding financial statement, program report, future funding, and first payment are as follows:

 

(1) Financial statement. Within 90 days after the completion of the event/project, the contractors must submit to the city a compilation of costs in a form substantially as that found in section 2-939 (a). For awards over $20,000.00 financial statements must be prepared by a certified public accountant. This compilation of costs must detail all event/project revenue sources and amounts, and related expenditures. Pursuant to section 2-939, the compilation of costs required herein can be included as an expense eligible for reimbursement.

 

(2) Program report. Within 90 days after the event/project, the contractor must submit to the city a narrative report describing the activities of the event/project and including, but not limited to, such information as total estimated attendance, groups involved in planning and implementation, and in-kind contributions.

 

(3) Future funding. If the contractor does not comply with the financial statement and program report requirements, above, the contractor will not be considered for the award of neighborhood tourist development fund monies for one year following the year in which contractor received its last award.

 

(4) First payment. The city may issue a first payment to the contractor in an amount not to exceed ½ of the contract amount upon presentation of a written request for said payment from the contractor. The contractor must provide the city with complete documentation supporting the expenditure of said payment. Documentation must include copies of both sides of the canceled checks issued and paid receipts from vendors. The city will not process any further payments to the contractor without documentation supporting the first payment.

 

Sec. 2-937. Additional program requirements and restrictions.

 

The following additional requirements for funding are established:

 

(1)               Every not-for-profit corporation receiving neighborhood tourist development fund monies must be a not for profit neighborhood organization incorporated in the state of Missouri and located within the city limits.

 

(2)               Every not-for-profit corporation receiving neighborhood tourist development fund monies must maintain its registered office within the city limits.

 

(3) The schedule of ineligible and eligible expenses found in section 2-939(b) must be followed.

 

(4) No neighborhood tourist development fund contract shall be approved unless such contract is made upon a consideration wholly to be performed or executed subsequent to the adoption of an ordinance approving the contract.

 

(5) After each quarterly and annual recommendation by the NTDF committee but prior to the expenditure of any funds, the staff will hold a meeting with all grant recipients to explain the process and to distribute disbursement files for each project. The staff will assist organizations receiving NTDF funding in the preparation of the required disbursement documents. Distribution of funds will be contingent upon the prompt return of the disbursement file to the city and the contractor's compliance with the requirements of section 2-936.

 

Sec. 2-938. Administration of neighborhood tourist development fund.

 

The city manager’s office will be designated to provide staff support to the neighborhood tourist development activities, by assisting the committee and by administering and monitoring all projects funded by this activity. The council expresses its desire that if the proper administration of this fund requires staff in excess of that currently budgeted, the need be met by the addition of staff.

 

Sec. 2-939. Forms/schedules pertaining to neighborhood tourist development fund.

 

(a)   Form of financial statement.

 

FORM I
NEIGHBORHOOD TOURIST DEVELOPMENT FUND
FINANCIAL REPORT
FOR THE PERIOD ____________/____________/____________ TO ____________/____________/____________

NOT-FOR-PROFIT CORPORATION: _____

EVENT TITLE: _____

EVENT DATE: _____

PRESIDENT/EXECUTIVE DIRECTOR: _____

TREASURER: _____

PERSON COMPLETING FORM: _____

TELEPHONE NO. _____

Description

REVENUES
NTDF

OTHER

TOTAL

1. _____

$ _____

$ _____

$ _____

2. _____

_____

_____

_____

3. _____

_____

_____

_____

4. _____

_____

_____

_____

5. _____

_____

_____

_____

6. _____

_____

_____

_____

TOTAL REVENUES

$ _____

$ _____

$ _____

EXPENDITURES

Category

1. _____

$ _____

$ _____

$ _____

2. _____

_____

_____

_____

3. _____

_____

_____

_____

4. _____

_____

_____

_____

5. _____

_____

_____

_____

6. _____

_____

_____

_____

7. _____

_____

_____

_____

8. _____

_____

_____

_____

9. _____

_____

_____

_____

10. _____

_____

_____

_____

REVENUES
NTDF

OTHER

TOTAL

TOTAL EXPENDITURES

$ _____

$ _____

$ _____

REVENUES OVER (UNDER) EXPENDITURES

$ _____

$ _____

$ _____

 

A. If balance is positive, please describe use of income:

____________ Use for not-for-profit corporation’s general operations.

____________ Use for funding of future similar event.

____________ Donate to beneficiary not-for-profit corporation. (Name) ____________

____________ Other. Attach detailed explanation.

 

B. If balance is negative, attach detailed explanation of plans to resolve outstanding indebtedness.

 

FORM II

 

We have compiled the accompanying statement of revenues and expenses of the ____________ as of ____________/____________/____________, in accordance with standards established by the American Institute of Certified Public Accountants.

 

A compilation is limited to presenting in the form of financial statements information that is the representation of management. We have not audited the accompanying financial statements and, accordingly do not express an opinion on them.

 

Based on my review, I am not aware of any material modifications that should be made to the accompanying statement of revenues and expenses—cash basis, in order for it to be in conformity with the cash basis of accounting.

 

This report is intended solely for the information and use of the board of directors and management of the (organization) and the city manager’s office of the City of Kansas City, Missouri. This restriction is not intended to limit the distribution of this report, which is a matter of public record.

(b) Schedule of ineligible/eligible expenses.

 

(1) Ineligible expenses.

 

a. Utility installation/service.

 

b. Equipment purchases.

 

c. Cash awards.

 

d. Rental of office space.

 

e. Expenses for services/goods where an "arm's length relationship" does not exist between the contractor and the vendor.

 

f. Gasoline purchases.

 

g. Salaries/stipends.

 

h. Travel expenses for not-for profit corporation’s staff or members.

 

i. Consultants/planners (directors, technicians).

 

j. Permits, licenses or expenses for alcoholic beverages.

 

(2) Eligible expenses.

 

a. Postage.

 

b. Entertainment*.

 

c. Printing.

 

d. Permits.

 

e. Security.

 

f. Equipment rental.

 

g. Facility rental.

 

h. Advertising.

 

i. Office supplies.

 

j. Long distance calls.

 

k. Costume rental.

 

l. Catering.

 

m. Insurance.

 

n. Promotional material.

 

o. Exhibit rentals.

 

p. Minor equipment with prior approval.

 

q. Publicity.

 

r. Certified public accountant.**

 

*Contracts with entertainers may be developed to include their fee and any expenses for lodging and/or transportation. Travel expenses for staff or members associated with the project are not eligible for reimbursement.

 

**Reasonable certified public accountant expenses are eligible for reimbursement only when they are incurred in connection with the preparation of the compilation of costs form required under section 2-939(a).

 

___________________________________

 

Approved as to form and legality:

 

 

______________________________

Kathy Adams

Assistant City Attorney