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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 Bill 2013-125 Page I 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 Bill 2013-125 Page 2 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 Bill 2013-125 Page 3 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. Bill 2013-125 Page 4 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 Bill 2013-125 Page 5