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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 JAML 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. -2- 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: -3- 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; -4- 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 -5- 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 .. -6- 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. L 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 -7- 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 -8- 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 -9- provisions thereof shall not be affected thereby and shall continue in full force and effect . r 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 t N o�'1S 14 0'A I Ll U I i i � q. ... °�P / -fir et•• E- f- N N J— °N ;• 'IS RIO ' 09 im x w ° �d 10rm1ao�e.� '1 S A a u 3 e i n�(_ x m at1 *- /eula `oil► ° \ ,c caa : � \ r H .• n 1, _ o (� 1p As .r. N ; 2 3:I n O Ii1t 1 ,C 901 ,0 061 .a�O� • 0 061 O, ' 9 lil,1 t Y .901 Ili f N X N MIA, i.y ui let. IL » rdt�e rrvt^ u ry m 1 own►••• M � / ,Oil Dig Ily�loiir�r■ rn� � � •J.. EXHIBIT A —. .464 �„ lee. .c st r 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 Y � � r 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. -2- i