HomeMy Public PortalAboutORD15222 BILL NO. 2013-125
SPONSORED BY COUNCILMAN Schulte
ORDINANCE NO. 15222
AN ORDINANCE APPROVING THE CAPITAL MALL TAX INCREMENT FINANCING
PLAN, DESIGNATING A REDEVELOPMENT AREA, DECLARING THE PROPOSED
REDEVELOPMENT AREA A BLIGHTED AREA, AND DESIGNATING CAPITAL
MALL JC, LLC, AS THE DEVELOPER OF THE REDEVELOPMENT PROJECT.
WHEREAS, the City of Jefferson Tax Increment Financing Commission ('TIF
Commission") has been duly formed by the City Council of the City of
Jefferson, Missouri ("City Council") pursuant to Section 99.820.2 of the
Revised Statutes of Missouri ("RSMo"); and
WHEREAS, in accordance with the written procedures relating to bids and proposals
for implementation of redevelopment projects, on October 10, 2013, the
City published in The News Tribune a notice of request for proposals and
bids, which provided reasonable opportunity for any person to submit
proposals and bids, for proposed redevelopment plans and for the
implementation of the proposed redevelopment projects submitted
therewith, in compliance with Section 99.820.1(3), RSMo; and
WHEREAS, Capital Mall JC, LLC ("Developer"), submitted a proposal for approval of
the Capital Mall Redevelopment Plan ('TIF Plan"), which was placed on
file in the Office of the City Clerk on September 27, 2013, which fact was
acknowledged in accordance with the request for proposals by a letter
dated October 18, 2013; and
WHEREAS, the TIF Plan requests the City Council to establish a tax increment
financing district on approximately 78 acres of real property located
generally at the northeast corner of the intersection of U.S. Highway 50
and S. Country Club Drive/W. Truman Boulevard in the City of Jefferson,
Missouri, pursuant to the provisions of the Real Property Tax Increment
Allocation Act, Sections 99.800 to 99.865, RSMo (the 'TIF Act'); and
WHEREAS, the proposed Redevelopment Area is generally located in a portion of the
area bounded on the west by W. Truman Road; on the north by
Amazonas Drive; on the east by Alameda Drive and a north-south line
extending south from the southern terminus of Alameda Drive to Country
Club Drive; and on the south by Country Club Drive, all in Jefferson City,
Missouri (the "Redevelopment Area"); and
WHEREAS, the TIF Plan provides for the redevelopment of the Redevelopment Area
in one (1) project (the `Redevelopment Project'); and
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WHEREAS, on October 16, 2013, the City mailed written notices of the scheduled TIF
Commission public hearing to all persons in whose name the general
taxes for the last preceding year were paid on each lot, block, tract, or
parcel of land lying within the Redevelopment Area, in compliance with
Section 99.830, RSMo; and
WHEREAS, pursuant to the Act, the City on behalf of the Jefferson City Tax Increment
Financing Commission (the "Commission") notified the affected taxing
jurisdictions of their right to designate representatives to serve as
members of the Commission for the purpose of conducting a public
hearing and making recommendations with respect to the TIF Plan to the
City Council; and
WHEREAS, on September 29, 2013, the City published notice in the News Tribune of
the scheduled TIF Commission public hearing to consider the merits of the
proposed TIF Plan, in compliance with Section 99.830, RSMo; and
WHEREAS, on October 16, 2013, the City mailed written notices of the scheduled TIF
Commission public hearing to all persons in whose name the general
taxes for the last preceding year were paid on each lot, block, tract, or
parcel of land lying within the Redevelopment Area, in compliance with
Section 99.830, RSMo; and
WHEREAS, on October 20, 2013, the City again published notice in the News Tribune
of the scheduled TIF Commission public hearing to consider the merits of
the proposed TIF Plan, in compliance with Section 99.830, RSMo;
WHEREAS, copies of the notices of the public hearing were submitted to the Director
of the Department of Economic Development, in compliance with Sections
99.825 and 99.830, RSMo; and
WHEREAS, on October 28, 2013, at 5:30 p.m., the TIF Commission opened the public
hearing and heard testimony and evidence from all interested parties
regarding the proposed TIF Plan, and then closed the public hearing; and
WHEREAS, the public hearing conducted by the TIF Commission to consider the TIF
Plan was open to the public, a quorum of the Commissioners was present
and acted throughout, and the proper notice of such hearing was given in
accordance with all applicable laws including Chapter 610, RSMo;
WHEREAS, on October 28, 2013, the TIF Commission voted to adopt a resolution
recommending to the City Council the approval and adoption of the TIF
Plan, recommending the designation of the Redevelopment Area and the
Redevelopment Projects included therein, recommending that the City
Council find the Redevelopment Area a blighted area, recommending that
at the appropriate time tax increment financing be initiated for the
Redevelopment Project, and recommending the designation of the
Developer as the developer of the Redevelopment Project; and
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WHEREAS, minor changes were made to the TIF Plan after the close of the TIF
Commission's public hearing, but before the City Council's consideration
of the TIF Plan, and the affected taxing districts and the general public
were notified of such changes by mailed and published notice in the News
Tribune on January 2, 2014, and January 5, 2014, respectively; and
WHEREAS, on January 6, 2014, the City Council heard comments from parties in
interest and citizens at a public meeting in conformance with Section
67.2725, RSMo; and
WHEREAS, the City Council having heard and considered the TIF Plan, and all
comments, testimony, and other evidence adduced at public meetings,
additional information provided by City staff and consultants from
meetings with the applicants, the evidence and testimony submitted at the
Commission public hearing, and the recommendations of the Commission
to approve the TIF Plan, the designation of the Redevelopment Area and
the Redevelopment Project included therein, designation of the
Redevelopment Area as a blighted area, initiation of tax increment
financing for the Redevelopment Project at the appropriate time, and the
designation of Developer as the developer of the Redevelopment Project,
now desires to approve the TIF Plan, designate the Redevelopment Area,
designate the Redevelopment Area a blighted area, and designate
Developer as the developer for the Redevelopment Project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF JEFFERSON, MISSOURI, as follows:
Section 1: That the TIF Plan, a copy of which is attached hereto and
incorporated herein as Exhibit 1, is hereby approved and adopted.
Section 2: That the tracts of land legally described in Exhibit 2, which is
attached hereto and incorporated herein are hereby designated as the Redevelopment
Area. The legal description in Exhibit B is identical to the legal description in Exhibit A
of the TIF Plan.
Section 3: That the City Council hereby finds that:
1. As described in detail in the Blight Study included as Exhibit D of
the TIF Plan, the Redevelopment Area on the whole is a blighted
area and has not been subject to growth and development through
investment by private enterprise and would not reasonably be
anticipated to be developed without the adoption of tax increment
financing pursuant to the TIF Plan, and such fact is acknowledged
by the Developer in an affidavit submitted to the City. The area
selected for the Redevelopment Projects includes only those
parcels of real property and improvements thereon which will be
directly and substantially benefited by the Redevelopment Project
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improvements. The City Council specifically states that the
following factors are found to exist within the Redevelopment Area:
a. Defective or inadequate street layout;
b. Unsanitary or unsafe conditions;
C. Deterioration of site improvements;
d. Improper subdivision and obsolete platting;
e. The existence of conditions that endanger life by fire or other
causes;
The City Council further finds that the existence of the forgoing factors in the
Redevelopment Area have resulted in an economic or social liability and
constitute a menace to the public health, safety, morals, or welfare in its present
condition and use.
2. The TIF Plan conforms to the document entitled "Comprehensive
Plan Update for the City of Jefferson, Missouri," which is the
comprehensive plan for the development of the City as a whole.
3. The estimated date of completion of the Redevelopment Project
included in the TIF Plan and retirement of obligations incurred to
finance development project costs associated with the
Redevelopment Projects has been stated in the TIF Plan and is not
more than twenty-three (23) years from the adoption of the
ordinance approving the Redevelopment Project within the
Redevelopment Area. The completion of the project included in the
TIF Plan and retirement of obligations incurred to finance
development project costs will occur no later than thirty-three (33)
years from the adoption of the ordinance approving the TIF Plan.
No property for a Redevelopment Project will be acquired by
eminent domain later than five (5) years from the adoption of the
ordinance approving the Redevelopment Project.
4. A Relocation Assistance Plan has been developed for relocation
assistance for businesses and residences, and the relocation of
any business or residents in the Redevelopment Area, if necessary,
will take place in accordance with the Relocation Policy attached to
the TIF Plan as Exhibit N.
5. A cost-benefit analysis showing the impact of the TIF Plan on each
taxing district which is at least partially within the boundaries of the
Redevelopment Area has been prepared in accordance with the
Act. The analysis shows the impact on the economy if the
Redevelopment Project is not built, and is built pursuant to the TIF
Plan. The cost-benefit analysis includes a fiscal impact study on
every affected political subdivision, and sufficient information for the
City Council to evaluate whether the TIF Plan as proposed is
financially feasible.
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6. The TIF Plan does not include the initial development or
development of any gambling establishment.
Section 4: That Developer is hereby designated as developer of the
Redevelopment Project.
Section 5: That the designation of the Developer as the developer of the
Redevelopment Project, and any reimbursement to the Developer for reimbursable
project costs and expenses from TIF bond proceeds or from the special allocation fund
is conditioned upon the execution of a Tax Increment Financing Contract between the
City and the Developer, to be approved by the City Council by a separate ordinance,
upon terms and conditions as agreed upon by the parties to carry out the goals and
objectives of the TIF Plan.
Section 6: The City staff, the City's special legal counsel, and other
appropriate City officials are hereby authorized to take any and all actions as may be
deemed necessary or convenient to carry out and comply with the intent of this
Ordinance, to create those funds and accounts required by the Act to implement the TIF
Plan, and to execute and deliver for and on behalf of the City all certificates,
instruments, and agreements or other documents as may be necessary, desirable,
convenient, or proper to perform all matters authorized herein.
Section 7: It is hereby declared to be the intention of the City Council that
each and every part, section and subsection of this Ordinance shall be separate and
severable from each and every other part, section and subsection hereof and that the
City Council intends to adopt each said part, section and subsection separately and
independently of any other part, section and subsection. In the event that any part,
section or subsection of this Ordinance shall be determined to be or to have been
unlawful or unconstitutional, the remaining parts, sections and subsections shall be and
remain in full force and effect, unless the court making such finding shall determine that
the valid portions standing alone are incomplete and are incapable of being executed in
accord with the legislative intent.
Section 8: This Ordinance shall be in full force and effect from and after its
passage d approval by the City Council.
Passed: AM Approved: 0��
Presiding OffidAr Mayor
ATTEST: APPROVED AS TO FORM:
City-Cl ity Counselor
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