HomeMy Public PortalAboutORD10368 BILL NO. 7
SPONSORED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A SPECIAL BUSINESS DISTRICT; DESCRIBING
THE BOUNDARIES THEREOF ; SETTING FORTH THE POWERS OF THE CITY
COUNCIL WITHIN THE DISTRICT; ESTABLISHING AN ADVISORY BOARD
FOR THE SPECIAL BUSINESS DISTRICT AND THE POWERS AND DUTIES
THEREOF; AND FIXING THE TIME WHEN THIS ORDINANCE SHALL BECOME
EFFECTIVE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI , AS FOLLOWS:
SECTION 1 . A petition to the City Council has been filed
by one or more owners of real property on which is paid ad
valorem real property taxes within the proposed Capitol West
Special. Business district to establish a special business
district . A survey and investigation directed by the City
Council has been conducted for the purposes of determining
the nature of and suitable location for business district
improvements, the approximate cost of acquiring and improving
the area to be included in the business district , the need
for and cost of special services and cooperative promotion
activities, the percentage of the cost of acquisition ,
special services, and improvements in the business district
which are to be assessed against the property within the
business district , and that part of the costs, if any, to be
paid by public funds. A written report of this survey and
investigation has been filed in the office of the City Clerk
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in the city and is available for public inspection . A
resolution was adopted on January 7 , 1985, said resolution
bearing No . RS84-44, declaring the intention of the City
Council to establish a special business district , describing
the boundaries of the proposed special business district ,
setting forth the time and the place of a hearing to be held
by the City Council considering establishment of the district ,
and setting forth the uses to which any additional revenue
would be put and the fact that no initial taxes are to be
levied. Notice of the hearing by registered or certified
United States mail with a return receipt attached was sent
to all owners or renters of record of real property and
licensed businesses located in the proposed District . A
public hearing was held at 7: 30 p.m. on January 21, 1985, in
the Council Chambers of the John G. Christy Municipal Building
in the City of Jefferson, Missouri , as provided for in Section
71.794, RSMo . The City Council hereby establishes the Capitol
West Special Business District , the boundaries of which
shall be as shown on Exhibit "A" , attached hereto and made a
part hereof by reference , and as more specifically described
as follows:
Beginning at the intersection of McCarty Street and
Walnut Street ; east along McCarty Street to Broadway;
south along Broadway to the alley running; between Broadway
and Washington Street ; east along the alley to Washington
Street ; south along Washington ,Street to the right-of-
way of U.S. Highway 50-63; westerly along the north side
of the right-of-way of U.S. Highway 50-63 to Missouri
Boulevard Extension ; and northeasterly along Missouri
Boulevard Extension to McCarty Street and the point of
beginning.
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SECTION 2. The property, businesses and individuals
doing business in the Capitol West Special Business District
shall be subject to additional taxes as may be provided by
future ordinances of the City Council . If and when any
revenue is obtained by the district , it would be applied
to the costs and expenses incurred in the operation of
the district , the provision of services and improvements
authorized in accordance with such Chapter 71, or incidental
to the leasing, construction , acquisition and maintenance
of any improvements provided for thereunder, or for paying
such principal and interest on notes or bonds authorized
for the construction or acquisition of any such improvement
as is authorized by law.
bECTION 3. The City Council hereby establishes the
Capitol 'Test Special Business District Fund into which shall
be paid proceeds from additional taxes which may be levied
and collected in the Capitol West Special Business District
pursuant to future ordinances and into which shall be paid
any other revenues which may be paid to the District .
SECTION 4. The City Council shall have all the powers
necessary to carry out any and all improvements within the
Capitol West Special Business District and to expend, subject
to restrictions herein provided, all additional revenues
collected within the District to carry out such improvements,
including the power and authority to expend public funds for
and to do and carry out the following:
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AN
a. To close existing streets or alleys or to
open new streets and alleys or to widen or narrow
existing streets and alleys in whole or in part ;
b. To construct or install pedestrian or shopping
malls, plazas, sidewalks or moving sidewalks, parks,
meeting and display facilities, convention centers,
arenas, bus stop shelters, lighting, benches or
other seating furniture , sculptures, telephone
booths, traffic signs, fire hydrants, kiosks, trash
receptacles, marquees, awnings, canopies, walls and
barriers, paintings, murals, alleys, shelters, display
cases, fountains, rest rooms, information booths,
aquariums, aviaries, tunnels and ramps, pedestrian
and vehicular overpasses and underpasses, and each
and every other useful or necessary or desired
improvement ;
c. To landscape and plant trees, bushes and
shrubbery, flowers and each and every other kind
of decorative planting;
d. To install and operate , or to lease , public
music and news facilities;
e . To purchase and operate buses, minibuses,
mobile benches and other modes of transportation;
f. To construct and operate child-care facilities;
g. To lease space within the District for sidewalk
cafe tables and chairs;
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h. To construct lakes, dams and waterways of
whatever size ;
a
i . To provide special police or cleaning facilities
and personnel for the protection and enjoyment of
the property owners and the general public using
the facilities of such District ;
J . To maintain, as hereinafter provided, all
city owned streets, alleys, malls, bridges,
ramps, tunnels, lawns, trees and decorative
plantings of each and every nature , and every
structure or object of any nature whatsoever
constructed or operated by said municipality;
k. To grant permits for newsstands, sidewalk
cafes, and each and every other useful or necessary
or desired _ private usage of public or private
property;
1 . To prohibit or restrict vehicular traffic
on such streets within the Business District as
the governing body may deem necessary and to
provide the means for access by emergency vehicles
to or in such areas;
m. To lease, acquire , construct, reconstruct ,
extend, maintain, or repair parking lots or parking
garages, both above and below ground, or other
facilities for the parking of vehicles, including
the power to install such facilities in public
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areas, whether such areas are owned in fee or by
easement; and
n. To promote business activity in the District
by, but not limited to, advertising, decoration
of any public place in the area, promotion of
public events which are to take place on or in
public places, furnishing of music in any public
place, and the general promotion of trade activities
in 'the District.
SECTION 5. The City Council shall have the sole discretion
as to how the revenue derived from any tax to be imposed
herein shall be used within the scope of the above purposes.
SECTION 6. The City Council hereby creates an advisory
board to be known as the Board of Directors of the Capitol
West Special Business District under 'the following provisions:
a. The Board of Directors of the Capitol West
Special Business District shall be composed of
five members to be appointed by the Mayor,
subject to the approval of the City Council .
They shall serve without compensation and shall
not be paid officers or employees of the city. The
term of office shall be three years, except in
the first appointment to the Board, two members shall be
appointed for a term of three years, and two for a
term of two years, and one for a term of one year.
A ..
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Thereafter, on or before the first day of January
of each year, the Mayor shall make appointments,
subject to the approval of the City Council , to fill
the terms expiring at that time. Appointments will
be made from those who have submitted applications.
Insofar as possible, the Mayor in making appointments
will seek to represent the diverse interests of the
Capitol West Special Business District area, including
the interests of property owners, tenants, merchants
and other direct interests.
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b. The Board of Directors of the Capitol West Special
Business District shall have the responsibility and
Ask be required to: (1) make recommendations to the City
Council as to public improvements within the District
which will be funded by additional revenues collected
within the District, (2) make recommendations to the
City Council on the use of any additional revenues
derived from any special tax to be imposed within the
District pursuant to this or future ordinances, and
(3) advise and assist the Council on such other matters
specifically relating to the District on which the
Council may seek recommendation.
c. The Board of Directors of the Capitol West
Special Business District shall hold meetings at
least once each quarter at a time and place to
be determined by the Board and such special
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meetings as shall be called for by the Chairperson
of the Board or the City Council . Three members
of the Board shall constitute a quorum for the
transaction of business. Any Board member having
three unscheduled absences without just cause
within a period of one year, or who shall be
continuously absent from meetings for any reason
for a period of two quarters (when regular meetings
have been held in those two quarters) without prior
Board consent shall automatically forfeit
his office. It shall be the duty of the Chairperson
of the Board to promptly notify the City Council
of the vacancy.
d. The Board shall elect from its members a Chair-
person, Vice-Chairperson and Secretary. Each officer
shall hold office for a term of one year. When any
officer's appointment to the Board expires or becomes
vacant, the Board shall elect a new officer.
e. The Board of Directors of the Capitol West
Special Business District shall make an annual
report to the City Council in March of each year,'
which shall include the Board 's recommendation
on any special tax levy to be imposed upon the
property within the boundaries of the District
for 'the coming year and recommendations on any
public improvement to be constructed within the
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District which should be included within the
Capital Improvements Program for the subsequent
fiscal year .
f . The Board shall make such other reports to
the City Council as the Council may, from time
to time, request or the Board may deem advisable .
SECTION 7 . ThAe City Council shall not decrease the level
of publicly funded services in the District existing prior
to the creation of the District or transfer the financial
burden of providing services to the District unless the
services at the same time are decreased throughout the city .
SECTION 8. The City Council shall not discriminate in the
provision of publicly funded services between areas included
within the Capitol West Special Business District and areas
not so included.
SECTION 9. The Council in establishing the District has
found and determined that the benefits to be derived by the
District justify its establishment and will serve to promote
business activity within the District and the City of Jefferson,
will enhance the environment thereof, will aid in the establishment
of new businesses therein, and generally will promote and
stimulate the economy of the community and the District and
thus will contribute to the health, safety and welfare of
the District and the City of Jefferson and its inhabitants.
SECTION 10. If any provision of this ordinance shall be
doheld unconstitutional , void, or unenforceable , the remaining
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provisions thereof shall not be affected thereby and shall
continue in full force and effect .
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SECTION 11 . This ordinance shall be in full force and
effect from and after its passage and approval .
passed Approved
re din g Of f i r ayor
ATTEST:
ity Clerk
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EXHIBIT A
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BARTLETT, VENTERS, PLETZ & TOPPINS
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
323 JEFFERSON STREET
JEFFERSON CITY, MISSOURI
314-834-3440
ALEX BARTLETT MAIL ADDRESS:
JURRY W.VENTERS P.O.BOX 1588
JOHN S.(JACK)PLETZ JEFFERSON CITY. MISSOURI 85102
ROGER K.TOPPINS
JOHN C. REED January 18, 1985
Ms. Phyllis Powell
City Clerk
City. of Jefferson
John G. Christy Municipal Building
Jefferson City, Missouri 65101
Dear Ms. Powell :
Ann
Enclosed for filing is the written report of survey
and investigation for the proposed Capitol West Special
Business District prepared by the Housing Authority.
Please mare this report available for public inspection
in accordance with Section 71.792, RSMo.
Very truly yours,
J hn S. Pletz
JSP:alk
Enc.
CC: Mr. Ted Herron
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SURVEY OF PROPOSED
CAPITOL WEST SPECIAL BUSINESS DISTRICT
Pursuant to Section 71.792 of the Revised Statutes of
Missouri and the Resolution of Intention of the City Council
of the City of Jefferson of January 72 19859 the following
is the written report of the survey and investigation re-
quired regarding the proposal to establish a special business
district in a portion of Urban Renewal Project MO R-45:
1 . Nature and suitable location for improvements in
the special business district.
Hotel/Convention Center and parking to be developed
in the area bounded by Walnut, East McCarty, Broadway
and Rex Whitton Expressway. All within the limits
of the Special Business District.
2. The approximate cost of acc;uiring and improving
land for improvements in the special business district.
The Housing Authority acquired ownership of the
property described above at a cost of $700,000
(+,-•) and will lease for development . Improve-
ments were made at a cost of $650,000
3. The area to be included in the business district.
The area 'to be included in the special business district
is describers as follows:
Beginning at the intersection of McCarty
Street and Walnut Street; east along McCarty
Street to Broadway; south along Broadway to
the alley running between Broadway and Washington
Street; east along the alley to Washington Street;
south along Washington Street to the right-of-way
of U.S. Highway 50-63; westerly along the north
side of the right-of-way of U.S. Highway 50-63 to
Missouri Boulevard Extension; and northeasterly
along Missouri Boulevard Extension to McCarty
Street and the point of beginning.
4. The need for and cost of special services and cooperative
promotion activities in the special business district.
No such costs anticipated at this time.
5. The percentage of the cost of acquisition, special
services and improvements in the business district which
are to be assessed against the property within the business
district.
Developer to lease property for Hotel/Convention
Center project from Public Body. No such assess-
ment against property is anticipated within the
business district at this time.
6. That part of the cost, if any, to be paid by public
funds.
Land was purchased and cleared and public improve-
ments were made on property proposed for Hotel/
Convention Center project as a part of an Urban
Renewal Project of the Jefferson City Housing
Authority. Public funds were spent for the
above purposes (without regard to any specific
developer) as follows:
Land Purchase - $700,000
Public Improvements - $650,000
It is anticipated . that the Special Business Dis-
trict will issue revenue bonds in the sum of
$10,000,000 to fund a major portion of the Hotel/
Convention Center project. The developer is
expected to borrow $2,500,000 from Cedar City
to be "paid" back over a 20 year period. This
is expected to be a U.D.A.G. project. The de-
veloper is also expected to provide private
.funding (equity) in excess of $3,000,000, and
to obtain other private funding (debt) for the
remaining financing . for the project.
It is anticipated that the land will be leased
to the developer of Hotel/Convention Center at
a fair and reasonable price, yet to be .deter-
mi.ned. The developer is also .expected to apply
for ad valorem property tax relief under Chapter
353, and . to request that a special .hotel tax be
levied within the district in the future to
fund certain special services and improvements.
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