§ 39-6. Accounting and expenditures.

(a)

Any fees collected under this chapter are expressly designated for arterial street improvements within the jurisdiction of the city as hereinafter provided in this section, the payment of the costs of administration of the impact fees, and the payment of consultant fees to update the arterial street impact fees.

(b)

Impact fees calculated and imposed pursuant to this chapter shall be collected by the impact fee administrator prior to issuance of a building permit.

(c)

Impact fees shall be transferred from the impact fee administrator to the city's finance department for placement in separate trust accounts, which have been established pursuant to subsections (d) and (e) below.

(d)

There are hereby established five arterial street impact fee benefit districts in the North Service Area, as identified in exhibits A-1 to A-5, which are attached hereto and incorporated herein by reference, and a separate trust account for each benefit district, for the purpose of ensuring that the impact fees collected in each district are spent on improvements that reasonably benefit the fee-paying development. The benefit districts are generally described as follows:

(1)

Benefit District A, an area referred to as east of KCI Airport, bounded on the north and west by the city limits, on the south by M-152 and on the east by U.S. 169, and also shall include that certain 527.83 acre tract of land annexed with the passage of Ordinance No. 050097 on February 17, 2005, which is legally described as follows:

Tract 113: Beginning at a point 180 feet west of the east line of the southeast quarter of Section 30, Township 52, Range 34 on the north line of the southeast quarter of said Section 30, said point also being on the city limits line established by Ordinance No. 65021; thence South 89°48′42″ West along said north line and said city limits line a distance of 2461.85 feet to the northwest corner of said southeast quarter, said point also being on said city limits line; thence South 0°14′13″ West along the west line of said southeast quarter and said city limits line a distance of 1323.06 feet to the southwest corner of the north half of said southeast quarter, said point also being on said city limits line; thence North 89°48′42″ East along the south line of said north half, said line also being on said city limits line, a distance of 2462.50 feet to a point on a line that is 180.00 feet west of said east line of said southeast, said line also being the city limits line established by Ordinance No. 22266; thence north along said east line and said city limits line to the point of beginning.

Tract 116: Beginning at a point 180 feet west of the east line of the southeast quarter of Section 19, Township 52, Range 34 on the south line of the north half of said southeast quarter, said point also being on the city limits line established by Ordinance No. 22266; thence South 89°48′19″ West a distance of 2449.76 feet to the west line of said southeast quarter, said point also being on the city limits line established by Ordinance No. 65021; thence North 0°6′36″ West along said west line and said city limits line a distance of 713.71 feet to a point on the easterly right-of-way line of Interstate Route No. 435; thence northerly along said right-of-way line to the north line of the northeast quarter of said Section 19; thence east along said north line to a point on a line 180 feet west of the east line of said northeast quarter, said point also being on the city limits line established by Ordinance No. 22266; thence south along said east line and said city limits line established by Ordinance No. 22266 to the point of beginning.

Tract 122: Beginning at a point 180 feet west of the east line of the southeast quarter of Section 19, Township 52, Range 34 on the south line of the north half of said southeast quarter, said point also being on the city limits line established by Ordinance No. 22266; thence South 89°48′19″ West a distance of 347.99 feet along said south line to a point on the city limits line established by Ordinance 65021; thence South 0°12′47″ West a distance of 165 feet along said city limits established by Ordinance No. 65021 line to a point also on said city limits line established by Ordinance No. 65021; thence North 89°48′19″ East along said city limits line established by Ordinance No. 65021 a distance of 347.99 feet to a point on a line that is 180 feet west of and parallel with the east line of said southeast quarter, said point also being on the city limits line established by Ordinance No. 65021, thence north along said line and along the city limits line established by Ordinance No. 22266 to the point of beginning.

Tract 123: Commencing at the northeast corner of the southeast quarter of Section 18, Township 52, Range 34, said point being on the city limits line established by Ordinance No. 65021; thence South 0°18′50″ West along the east line of said southeast quarter and said city limits line a distance of 988.60 feet to the true point of beginning; thence continuing south along said east line to a point on a line that is 180 feet north of the south line of said southeast quarter, said line also being on the city limits line established by Ordinance No. 22266; thence west along said line to a point on a line that is 180 feet west of said east line of said southeast quarter, said line also being on the city limits line established by Ordinance No. 22266; thence south along said line and said city limits line to a point on the south line of said southeast quarter; thence west along said south line to a point on the easterly right-of-way line of Interstate Route No. 435; thence northerly along said right-of-way line to its intersection with the city limits line established by Ordinance No. 65021; thence North 89°54′53″ East a distance of 1293.99 feet to the true point of beginning.

Tracts 124 and 125: Beginning at a point 180 feet west of the east line of the southwest quarter of Section 17, Township 52, Range 34 on the north line of said southwest quarter, said point also being on the city limits line established by Ordinance No. 65021; thence South 89°51′30″ West along said north line and along said city limits line a distance of 2474.10 feet to the northwest corner of said southwest quarter, said point also being on said city limits line; thence south along the west line of said southwest quarter to a point on a line that is 180 feet north of the south line of said southwest quarter, said point also being on the city limits line established by Ordinance No. 22266; thence east along said line and said city limits line established by Ordinance No. 22266 to a point on a line that is 180 feet west of and parallel to the east line of said southwest quarter, said point also being on said city limits line established by Ordinance No. 22266; thence north along said line and said city limits line established by Ordinance No. 22266 to the point of beginning.

Tract 133: Beginning at a point 180 feet west of the southeast corner of the northwest of Section 8, Township 52, Range 34 on the south line of said northwest quarter, said point also being on the city limits line established by Ordinance No. 65021; thence South 89°41′34″ West along said south line and along said city limits line a distance of 1637.02 feet to a point also on said city limits line; thence north along said city limits line to the southerly right-of-way line of NW 136th Street; thence easterly along said right-of-way line to a point on a line 180 feet west of the east line of said northwest quarter, said point also being on the city limits line established by Ordinance No. 22266; thence south along said east line and said city limits line established by Ordinance No. 22266 to the point of beginning.

(2)

Benefit District B, an area referred to as N. Oak Corridor, and bounded on the north by the city limits, on the west by U.S. 169, on the south by the northern Gladstone city limits and its westward extension to U.S.169 and an eastern boundary defined by N. Eastern Avenue from the northern city limits to M-291, M-291 from N. Eastern Avenue to I-435, I-435 from M-291 to Barry Road, Barry Road from I-435 to M-1, and M-1 from Barry Road to the Gladstone city limits;

(3)

Benefit District C, an area referred to as Shoal Creek Valley, bounded on the west by N. Eastern Avenue from the northern city limits to M-291, M-291 from N. Eastern Avenue to I-435, I-435 from M-291 to Barry Road, Barry Road from I-435 to M-1, M-1 from Barry Road to the Gladstone city limits and Gladstone north and east city limits, on the south by Pleasant Valley Road, and on the north and east by the city limits and also shall include that certain 164.56 acre tract of land annexed with the passage of Committee Substitute for Ordinance No. 001567 on September 5, 2002, which is legally described as follows:

All that part of the southwest quarter of Section 14 and all that part of the northwest quarter of Section 23, all in Township 52, Range 32, Clay County, Missouri, being described as follows: Commencing at the northeast corner of the northwest quarter of said Section 23; thence North 89°36′30″ West, along the north line of said northwest quarter, 82.50 feet to the true point of beginning of the tract to be herein described; thence South 0°18′50″ West, 247.50 feet; thence South 89°36′30″ East, 82.50 feet to a point on the east line of said northwest quarter; thence South 0°18′50″ West, along said east line, 2196.75 feet; thence North 89°42′04″ West, 2462.28 feet; thence North 0°13′13″ East, parallel with and 180.00 feet east of the west line of the northwest quarter of said Section 23, 2448.24 feet to a point on the south line of the southwest quarter of said Section 14; thence North 0°18′20″ East, parallel with and 180.00 feet east of the west line of the southwest quarter of said Section 14, 180.00 feet; thence North 89°36′30″ West, 180.00 feet to a point on the west line of said southwest quarter; thence North 0°18′20″ East, along said west line, 410.00 feet; thence South 89°36′30″ East, 1322.17 feet; thence South 84°17′40″ East, 128.05 feet; thence South 57°56′05″ East, 203.83 feet; thence South 40°25′12″ East, 103.73 feet; thence South 73°09′33″ East, 600.29 feet; thence South 68°27′53″ East, 86.77 feet; thence South 58°34′53″ East, 87.28 feet; thence South 48°39′58″ East, 87.28 feet; thence South 46°00′35″ East, 105.33 feet; thence South 0°07′00″ West, 16.50 feet to the true point of beginning. Containing 164.56 acres, more or less.

(4)

Benefit District D, an area referred to as Birmingham, bounded on the north by Pleasant Valley Road and the city limits, on the east by the city limits, on the south by the Missouri River, and on the west by N. Brighton, the Gladstone south city limits extension to N. Brighton, and the Gladstone east city limits;

(5)

Benefit District E, an area referred to as Line Creek Valley, bounded on the north by M-152, on the east by U.S. 169, and southern and western boundary defined by Briarcliff Parkway from U.S. 169 to M-9, M-9 from Briarcliff Parkway to the city limits, and the city limits to the west and south.

(e)

There are hereby established three arterial street impact fee benefit districts in the South Service Area, as identified in Exhibits A-6, A-7 and A-8, which are attached hereto and incorporated herein by reference, and a separate trust account for each benefit district, for the purpose of ensuring that the impact fees collected in each district are spent on improvements that reasonably benefit the fee-paying development. The benefit districts are described as follows:

(1)

Benefit District F: Beginning at the intersection of the centerline of 51st Street and the easterly right-of-way line of the Saint Louis and San Francisco Railroad line, (also being the westerly right-of-way line of the Missouri Pacific Railroad line), thence northerly along said easterly line to a point approximately 1190 feet north of the centerline of 12th Street, also being the point of intersection of the westerly prolongation of the Kansas City-Independence city limits line; thence easterly along said westerly prolongation to a point on said city limit line, said point being approximately 1140.0 feet north of the centerline of 12th Street and approximately 2650.0 feet east of the west line of Section 6,Township 49, Range 32 West; thence southerly along the city limits line of Independence, Blue Summit and Raytown to the intersection of the north line of the south half of the northwest quarter of Section 19, Township 48, Range 32 West; thence westerly along the north line of the south half of the northwest quarter of Section 19, the north line of the south half of the northeast quarter and the northwest quarter of Sections 24 and 23, Township 48, Range 33 West and the south line of the north half of the northeast quarter of Section 22, Township 48, Range 33 West to the northwest corner of the southeast quarter of the northeast quarter of said Section 22; thence south along the west line of the southeast quarter of the northeast quarter and the west line of the northeast quarter of the southeast quarter of said Section 22 to the intersection of the centerline of the southbound lanes of U.S. Highway 71 (Hickman Mills Drive); thence northwesterly along the centerline of the southbound lanes of U.S. Highway 71 (Hickman Mills Drive) to the intersection of the easterly prolongation of the centerline of 85th Street; thence southwesterly along said prolongation and the centerline of 85th Street to the intersection of the westerly right-of-way line of the Missouri Pacific Railroad right-of-way; thence northerly along the westerly Missouri Pacific Railroad right-of-way line to the intersection of the centerline of 51st Street; the point of beginning.

(2)

Benefit District G: All that part of the city, located in Jackson County and Cass County, Missouri, lying southerly of the following described line, to-wit:

Beginning at the intersection of the centerline of 85th Street and State Line Road; thence easterly along the centerline of 85th Street to the intersection of the centerline of the southbound lanes of U.S Highway 71 (Hickman Mills Drive); thence southeasterly along the centerline of the southbound lanes of U.S. Highway 71 (Hickman Mills Drive) to the intersection of the east line of the northwest quarter of the southeast quarter of Section 22, Township 48 North, Range 33 West; thence northerly along the east line of the northwest quarter of the southeast quarter of said Section 22 and the east line of the southwest quarter of the northeast quarter of said Section 22 to the northeast corner of the southwest quarter of the northeast quarter of said Section 22; thence easterly along the north line of the southeast quarter of the northeast quarter of said Section 22, the north line of the south half of the northwest quarter and the northeast quarter of Sections 23 and 24 of Township 48 North, Range 33 West, and the north line of the south half of the northwest quarter of Section 19, Township 48 North, Range 32 West, to the intersection with the Raytown city limit line; thence southerly and easterly along the Raytown city limits line to the intersection of the east line of the northwest quarter of the southeast quarter of Section 21, Township 48 North, Range 32 West; thence southerly along the east line of said northwest quarter of the southeast quarter of said Section 21 to the southeast corner thereof; thence easterly along the south line of northeast quarter of the southeast quarter of said Section 21 to the southeast corner thereof; thence southerly along the east line of said Section 21 to the southeast corner thereof; thence easterly along the south line of Section 22, Township 48 North, Range 32 West, to the southeast corner of the southwest quarter of said Section 22; thence southerly along the east line of the northwest quarter and the southwest quarter of Section 27, Township 48 North, Range 32 West, to the intersection of the centerline Bannister Road; thence easterly along the centerline of Bannister Road to the Unity Village city limit line.

(3)

Benefit District H: All that part of the city, located in Jackson County, Missouri, lying within the following described boundary, to wit: Beginning at the intersection of the centerline of 39th Street and State Line Road; thence easterly along the centerline of 39th Street to the intersection of the centerline of The Paseo; thence southerly along the centerline of The Paseo to the intersection of the centerline of Emanuel Cleaver II Boulevard (formerly known as Brush Creek Boulevard); thence easterly along the centerline of Emanuel Cleaver II Boulevard to the intersection of 45th Street; thence easterly along the centerline of 45th Street to the centerline of Coal Mine Road; thence southeasterly along the centerline of Coal Mine Road to the intersection of the easterly line of the Saint Louis and San Francisco Railroad line; (also being the westerly line of the Missouri Pacific Railroad line); thence southerly along said railroad right-of way line to the intersection of 51st Street; thence westerly along the centerline of 51st Street to the intersection of the centerline of State Line Road; thence northerly along the centerline of State Line Road to the point of beginning.

(f)

Every impact fee collected shall be deposited or credited to the trust account for the benefit district in which the fee was collected, except that annually, up to eight percent of the fees collected for that year shall be transferred to the city's general fund for the purpose of paying the costs of administration of the arterial street impact fee program. The cost of consultant fees to update the arterial street impact fees shall be funded by a uniform percentage of the fees collected in each benefit district during the last year.

(g)

Impact fees collected and deposited and all interest accrued on such funds shall be used solely for the purpose of arterial street improvements within the benefit district, payment of the costs of administration of the arterial street impact fee, and the payment of consultant fees to update the arterial street impact fees. No impact fees shall be spent on arterial street improvements in any area that is not included within any of the eight benefit districts as defined in this section 39-6. Any arterial street used as a boundary between two benefit districts shall be considered as included within both benefit districts, and may be improved with fees collected in either benefit district. Eligible improvements include construction of new arterial streets, widening existing arterial streets to add additional lanes, and signalization, intersection improvements and other improvements that demonstrably expand the capacity of the city's arterial system to accommodate the transportation demands of new development. The fees shall not be used for right-of-way acquisition, for improvements to roadways other than city-maintained arterial streets, or for maintenance or repair of existing arterial streets.

(h)

Any proceeds on deposit in the arterial street impact fee trust accounts not immediately necessary for expenditure shall be invested in interest-bearing accounts. All income derived from these investments shall be retained in the trust accounts.

(i)

Each year, at the time the annual city budget is being prepared, advisory committees whose members are appointed by the mayor for each benefit district shall propose appropriations to be spent from the trust accounts. The benefit district advisory committees shall consist of nine members, to include one member from the appropriate city council district; one member from the public improvements advisory committee; one member from the city's public works department; one member from the city development department; one member from the parks and recreation department; one member from the appropriate economic development commission, either Platte or Clay; one member from the Northland Chamber of Commerce or the South Kansas City Chamber of Commerce, as appropriate; one residential developer representative; and one commercial developer representative. A representative of the state department of transportation is recommended to serve as a nonvoting member, if any highway segments are included in the benefit district's arterial system eligible for impact fees. After review of the benefit district advisory committees' recommendations, the city council shall approve, modify or deny the recommended expenditures of the trust account moneys. Any amounts not appropriated from the trust accounts, together with any interest earnings, shall be carried over in the trust accounts to the following fiscal year.

(j)

Each year, at the time of the annual budget adoption for the city, the city council shall review the amount of general funds being dedicated for road construction along with the funds available and paid pursuant to this chapter in order to provide for the orderly growth of the city.

(Ord. No. 011258, § 1, 9-27-01; Ord. No. 030691, § 1, 6-19-03; Ord. No. 050865, § A, 7-28-05; Ord. No. 051437, § 1, 2-9-06; Ord. No. 080766, § 1, 8-14-08)