ORDINANCE NO. 120348

Approving and authorizing the Director of City Development to enter into a subgrant agreement with the Tax Increment Financing Commission of Kansas City, Missouri to fund authorized abatement activities at the 63rd and Prospect Redevelopment Project site, located in the vicinity northwest of 63rd Street and Prospect Avenue, Kansas City, Missouri, in an amount not to exceed $500,000.00 and to provide the required local cost share in a total amount not to exceed $100,000.00, all from previously appropriated funds.

WHEREAS, the Kansas City Brownfield Revolving Loan Fund (“Kansas City BRLF”) program has been established by the City of Kansas City, Missouri (“City”), and the U.S. Environmental Protection Agency (“EPA”) has awarded the City an American Recovery and Reinvestment Act (“ARRA”) revolving loan fund grant in the amount of $560,000.00, and a revolving loan fund grant in the amount of $1,526,267.00; and

  WHEREAS, the primary objective of the Kansas City BRLF program is to provide alternative financing through low-interest loans and subgrants to fund cleanup actions on brownfield sites in the City that will lead to successful redevelopments and ancillary social and economic benefits to affected communities; and

  WHEREAS, on March 26, 2012, the City of Kansas City, Missouri’s Brownfields Commission (the “Brownfields Commission”) recommended approval of the application of the Tax Increment Financing Commission of Kansas City, Missouri (the “TIF Commission”), a Missouri tax increment financing commission, duly organized and existing under Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 et seq., of the Revised Statutes of Missouri, for a subgrant of Kansas City RLF funds to abate asbestos and remove debris from properties owned by the TIF Commission within the 63rd and Prospect Redevelopment Project area; and

  WHEREAS, the EPA has provided a preliminary indication that the federal requirements for subgrant recipient and borrower eligibility, site eligibility, and the use of funds for the TIF Commission’s project are met; and

  WHEREAS, the Brownfields Commission has developed criteria for the evaluation of brownfield projects, has considered the TIF Commission’s project in light of these criteria and found that the TIF Commission has presented evidence that subgrant assistance is reasonable, necessary and justified and that upon completion of the abatement activities, blight removal, environmental and social benefits to the affected community will be realized; and

WHEREAS, a subgrant to the TIF Commission is subject to a local cost share of 20% as required by the revolving loan fund grant, Federal Cooperative Agreement No. 2B-97700901, and the TIF Commission has indicated that it is unable to identify a source of funds to provide the required cost share, and the City has appropriated sufficient funds for the 63rd and Prospect Redevelopment Project to meet the required local cost share; and

  WHEREAS, the City, the Brownfields Commission, EPA and the TIF Commission have worked together and agree that before this subgrant agreement is executed certain additional pre-contractual requirements must be met and that the subgrant agreement will be funded only upon satisfactory confirmation that such additional pre-contractual requirements have been met; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the application of the TIF Commission to the City for a subgrant from the Revolving Loan Fund Grant, Federal Cooperative Agreement No. 2B-97700901, in an amount not to exceed $500,000.00 for asbestos abatement and debris removal, is hereby approved, provided that prior to entering into any subgrant agreement or providing any subgrant funds, the following pre-contractual requirements are undertaken and are confirmed in writing to the City, within 120 days of the effective date of this Ordinance:

1)      the EPA approve a waiver of the $200,000.00 per project limit on subgrant assistance;

2)      the EPA approve a revised work plan for Federal Cooperative Agreement No. 2B-97700901 and authorize the use of the $600,000.00 supplemental award of funds;

3)      the EPA provide final confirmation that the federal requirements for subgrant recipient and borrower eligibility, site eligibility, and the use of funds for the Site remediation project are met; and

4)      the TIF Commission meets all other eligibility requirements, for Kansas City BRLF assistance, whether imposed by the City or EPA.

Section 2. That upon satisfaction of the pre-contractual requirements in Section 1 above, the Director of City Development is hereby authorized to enter into a subgrant agreement with the TIF Commission to subgrant funds from the Kansas City BRLF in an amount not to exceed $500,000.00 and to provide the required local cost share in a total amount not to exceed $100,000.00, all for the authorized abatement activities from the 63rd and Prospect Redevelopment Project Site, and all from funds previously appropriated to the following accounts:

12-2550-645020-B-G64BRLF EPA Brownfields Grant $500,000.00

AL-3430-648045-B-64008045 63rd & Prospect Redevelopment 100,000.00

TOTAL $600,000.00

A copy of the agreement, in substantial form, is on file with the office of the Director of City Development.

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I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

______________________________

Randall J. Landes

Director of Finance

Approved as to form and legality:

______________________________

Matthew Gigliotti

Assistant City Attorney