The URL can be used to link to this page

Home My Public Portal AboutTruman TIF OrdinanceBILL NO. ___ _ ORDINANCE NO. __ _ AN ORDINANCE APPROVING THE TRUMAN HOTEL TAX INCREMENT FINANCING PLAN, DESIGNATING A REDEVELOPMENT AREA, DECLARING THE PROPOSED REDEVELOPMENT AREA A BLIGHTED AREA, AND DESIGNATING PGE HOSPITALITY, INC., 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"); WHEREAS, on April 13 , 2016, the City mailed written notices of the scheduled TIF Commission public hearing to all taxing districts from which taxable property is included in the proposed Redevelopment Area ("Taxing Districts"), in compliance with Sections 99.825 and 99.830, RSMo; WHEREAS, PGE Hospitality, Inc., ("Developer"), originally submitted a proposal for approval of the Truman Hotel Redevelopment Plan ("TIF Plan") on January 21, 2016, which was subsequently replaced with a revi sed plan submitted on May 23 , 2016 ; WHEREAS, on May 6, 2016, 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; WHEREAS, in accordance with the written procedures relating to bids and proposals for implementation of redevelopment projects, on April 15 , 2016 , the City published in the News Tribune a notice of request for proposals and bids, which provided reasonable opportunity for any perso n to submit proposa ls and bids, for proposed redeve lopment plans and for the implementation of the proposed redevelopment projects submitted therewith, in compliance with Section 99.820.1(3), RSMo; WHEREAS, on May 23, 2016, 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 ; WHEREAS, on May 27, 2016, 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 have been submitted to the Director of the Missouri Department of Economic Development, in compliance with Sections 99.825 and 99.830, RSMo ; WHEREAS, on May 31 , 2016, at 5:30p.m., the TIF Commission opened the public hearing and, at the request ofthe Developer, continued the hearing to June 23, 2016; WHEREAS, on June 23 , 2016, at 5:30 p.m ., the TIF Commission opened the public hearing and heard testimony and evidence from all interes ted parties regarding the proposed TIF Plan, and then closed the public hearing; 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 June 23, 2016, after closing the public hearing the TIF Commission voted to recommend in opposition to the TIF Plan; WHEREAS, on September 6, 2016, 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 read and considered the TIF Plan, and heard 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 in opposition to the TIF Plan, 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 by reference as Exhibit A , is hereby approved and adopted. Section 2: That the tracts of land legally described in Exhibit B , which i s attached hereto and incorporated herein are hereby de s ignated as the Redevelopment Area. The legal description in Exhibit B is identical to the legal description in Appendix 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 Appendix B 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 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. The existence of conditions that endanger life by fire or other causes; 2 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 approved by the City. 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 analys is shows the impact on the economy if the Redevelopment Project is not built, and i s 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. 6. The TIF Plan does not include the initial development or development of any gambling establishment. Section 4 : That Developer is hereby designated as dev e loper 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 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, des irable, convenient, or proper to perform all matters authorized herein. 3 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 and approval by the City Council. Passed this _ day of September, 20 16. Approved this _ day of September, 2016. Carrie Tergin, Mayor ATTEST: Phyllis Powell, City Clerk APPROVED AS TO FORM: Mark W. Comley, Interim City Counselor 4 EXHIBIT A TRUMAN HOTEL TAX INCREMENT FINANCING PLAN SEE ATTACHED 5 EXHffiiTB LEGAL DESCRIPTION TRUMAN HOTEL TAX INCREMENT FINANCING REDEVELOPMENT AREA A TRACT OF lAND IN THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 44 NORTH, RANGE 12 WEST, COl£ COUNTY, MISSOURI, DESCRIBED AS : BEGINNING AT A POINT IN THE SOUTHEASTERlY UNE OF OlD MISSOURI ~TATt ROUTE "C' NOW KNOWN AS SOUTHRIDGE DRIVE, SAID POINT BEING THE SOUTHWEmRN CORNER OF PROP£R1Y COriVEYED TO BRECKENRIDGE HOT£LS CORPOAATtON, BY DEED RECORDED IN BOOK 182, ~GE 323; THENCE AlONG SAID SOUTHEASTERLY UNE NORTH S4 DEGREES 48 MINUTES EAS-, 719.92 FEET, TO A POINT I£1NG THE IHTERSECTlON OF THE SOUTHEASTERLY RIGHT-OF-WAY UN£ OF OLD ROUTI "C", NOW KNOWN AS SOUTtftiOGE DRIVE Of THE SOUTHWESTERlY LINE OF OLD ROUTE "C" CONNECTtON NOW KNOWN AS ZUMWALT ROAD; THENCE ALONG SAID SOUTHWESTERLY LJNE, SOUTH 35 DEGREES 15 MINliTES EAST, 214.25 FEET; TO A POINT IN THE NORTHWtSTE'RlY RIGHT .OF-WAY UNE Of U.S. HIGHWAY NO . 54; THENCE AlONG SAID NORTHW£Sl€RLY UNE OF U.S. HIGHWAY NO. 54, SOUTH 35 DEGREES 00 MINUTES WEST, 1019.45 FEET TO THE NORTHEASTERlY CORNER OF A TRACl OF lAND DESC~IBEO IN BOOK 212, PAGE 413, COl£ COUNTY RECORDER'S OF ACE; THENC£ LEAVING lHE RIGHT .OF -WAY LINE Of SAID U.S . ROUTE S4, NORTH SS DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE fK>RlliERl Y liNE OF SAID TR.\CT AND THE NORTHWESTERLY EXTINSK>N THEREOF, 283 .00 FHT TO A POINT ON THE WESTERN BOUNDARY OF A TRACT OF lAND DESCRIBED IN BOOK 23~ PAGE 165, COLE COUNTY RECORDER'S OFFICE; THENCE NORtH 35 DEGREES 00 MINUTES 00 SECONDS EAST, AlONG SAID WESTERN BOUNDARY 151.00 FEET TO THE MOST SOUTHERLY CORNER Of A TlACT OF LAND DESCRIBED IN BOOK 155, PAGE 683, COLE COUNl' RECORDER'S OFfiCE; THENCE NORTH OS DEGREES 23 MIHUTES 44 SECONDS EAST, ALONG THE WESTERl V LINE OF SAID TRACT, .50 .61 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE AfORESAID TRACT IN BOOK 232, PAGE 165; THENCE NORTH SS DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE SOUTHERLY UNE OF SAID TRACT, 213 .71 FEET TO lliE SOUTHEASTERlY LJNE OF OLD MISSOURI STAT£ ROUTE .. C", NOW kNOWN AS SOUTHIUDG£ DRJVE; THENCE ALONG SAJO SOUTHEASTERlY UNE OF THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 925.37 rctT, A OISTAHC£ Of 10.0 fCCT TO A POINT OF TANGENCY, TH£Nct NORTH 54 OEOI\EE'S 43 MINUTES EAST ALONG SAID SOUTHEASTERlY UNE 162 .25 FE£T TO THE PO I NT OF 8£GINNlNG . Subject to any and all easements, cond itions, restrictions and othef Items. now of record. 6