HomeMy Public PortalAboutORD15696 BILL NO. 2017-37
SPONSORED BY: Councilman Fitzwater
ORDINANCE NO. 15696
AN ORDINANCE APPROVING THE ST. MARY'S HOSPITAL TAX INCREMENT FINANCING
PLAN, DESIGNATING A REDEVELOPMENT AREA, DECLARING THE PROPOSED
REDEVELOPMENT AREA A BLIGHTED AREA, AND DESIGNATING F & F DEVELOPMENT,
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");
WHEREAS, F & F Development, LLC ("Developer") originally submitted a proposal for
approval of the St. Mary's Hospital Tax Increment Financing Plan ("TIF Plan") in
June 2016, which was subsequently updated and revised-by the Developer, most
recently on May 1, 2017;
WHEREAS, in accordance with the written procedures relating to bids and proposals for
implementation of redevelopment projects, on March 23, 2017, 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;
WHEREAS, on March 27, 2017, 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, on May 5, 2017, 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 7, 2017, 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, on May 1.4, 2017, 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 assembled for submission
to the Director of the Missouri Department of Economic Development, in
compliance with Sections 99.825 and 99.830, RSMo;
WHEREAS, on May 18, 2017, at 6:00 p.m., the TIF Commission opened the public hearing
and received testimony and evidence from all interested parties regarding the
proposed TIF Plan, and then continued the public hearing to June 14, 2017 6:00
p.m.;
WHEREAS, on June 14, 2017, at 6:00 p.m., the TIF Commission opened the public hearing
and received additional testimony and evidence from all interested 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 14', 2017, after closing the public hearing the TIF Commission voted
10-0 to approve Resolution No. 2017-01, which recommended that the City
Council approve the TIF Plan;
WHEREAS, on August 7 and 21, 2017, 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 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 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 Project 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;
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
Project 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 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.
6. The TIF Plan does not include the initial development or development
of any gambling establishment.
Section 4: That F & F Development, LLC is hereby designated as the 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 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
and approval by the City Council.
Passed:—AGA ,, �14, ayl Z Approved: 24!&4 - 2,�,�O 1
aw"4t:=g�- am,,.�—r -
Presiding'Officer-
- , Mayor Carrie Tergin
ATTEST: APPROVED AS TO FORM:
(;4it�Clerk'---�' City, o selor
EXHIBIT A
ST.MARY'S HOSPITAL TAX INCREMENT FINANCING PLAN
(SEE ATTACHED)
EXHIBIT B
LEGAL DESCRIPTION
ST.MARY'S HOSPITAL TAX INCREMENT FINANCING PLAN REDEVELOPMENT AREA
m6cri
A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 7,T44N RI IW
AND IN MME NORTHEAST QUARTER OF SECTION 12,T44N R12W,IN THE CITY OF JEFFMON,COLE
COUNTY,MISSOURI,TIEING AIA,OF INLOr NUMBERS 636 THROUGH 663,7615 THROUGH 770,PART
OF JNLOT NUMBER 771,PART OF THE SOUTIMAST QUARTER OF THE NORTHEAST QUARTER OF
SFCTION 12,T44N R 12W. PART OF THE VACATE-13 RIGHT-OF-WAY OF ELM STREET,HARRISON
STREET.MILLER STREET,AND PART OF VACATED ALLEYS,AND THE TRACT DESCRIORD BY A
QUIT CLAIM DEED RE,CORDIM,RE, It+11100K 299,PAUL 693.
TTHS TRACT IS ALSO DESCRIBED AS THE FIRST, FIFITI, SDMI, NDNTR AND TEM
PARAGRAPHS DESCRIBED BY COLE COUNTY ABSTRACT S TITLE CO, INFORMATIONAL
COMMITMENT FILE NO, 76459, DATRD'DECEMPER S. 2012, THE VACATED R1GlfF-0F-WAY OF
HARRISON STREET,AND THE TRACT DESCRIBED BY A QUIT CLAIM DEED Rtw)tDE'D IN BOOK 289
PAGE 693,
f1F.GMNING AT THE NOR't1ILASTERLY CORNER OF INLOT NUMBER 669,THENCE ALONG
THE SOUTHERLY RIGHT-0F-WAY LTNE OF U.S. HIGHWAY 50 AND 63,N94`37'40"E 52.39 FEET;
THENCF.S4T'17'00"H 63.14 FEET;THENCE S4•ST30"W 4131 ITEM.THVNU.S29413'DO"W 37.62 FEET
TO TIM. WESTERLY RIGITT-OF=WAY LINE OF MISSOURI BOULEVARD (BUSINESS ROM 50);
TN13NC6,ALONG SAID LINE, $73004'40"W 37.76 FEET; THENCE ALONG A CURVK TO Tim LKHT.
HAVING A RADIUS OF 539.91 FEET,A DISTANCE:OF 323.26 FllM THE CHORD RE,INQ S57°49'10"W
320.36 FEET;THENCE$4093340"W 244.46 FEET;T111:NCE ALONG A CURVE TO THE RIGHT,HAVING A
RADIUS OF 459:06 FEET,A DISTANCE OF 132.32 FEET,THE CHORD BEING S50@04'00"W ISIA2 FEET
TO'nIP EASTF31,LY LINE;OF THE TRACT DESCRIBED BY A DEED RF.CDRDFiO IN BOOK 300 PAGE 543,
ALSO BRING THE WFSTF.RI,Y LING OF VACATED HARRISON$MET;IMENCEi N4211013O"E,ALONG
SAID LINE,4.33 FEST;TFMNICE ALONG THE NORTIIERI.Y-LM OF W.TRACT DBSCRIBBD BY A
DEED RECORDED IN BOOK.100 PAGE 545,St6'46'IVW 621D FEET TO THE EASTERLY RIGHT-OF-
WAY LJNF OF BOLIVAR STRFIIT; THENCE ALONG SAID LINE N61n4'20"W 30.00 FF.fsi',THENCE
ALONG A CURVE TO TM RIGHT,HAWING A RADIUS OF 696.20 FEET,A DISTANCE OF 147.87 IFEErT,
THE CHORD BEING Nt615*WW 147.5E FRET;TWINGE N 2'04'30"W 203.64 PERT;TRENCH ALONG A
'CURVE TO INS RIGHT, HAVING A.RADIUS OP 31197 FEET, A DISTANCE OF 1i13I PEM THE
CHORD DOING 412.41'30'C 179.31 FEET; THENCE N42-IlY57'E 441.00 FEET TO THF.
NORTHWESTERI,Y CORNER OF INERT NUMBER 636;THENCE 347°30'20'7?,ALONG THE NORTHERLY
LINE OF INLOT NUMBERS 636,637',659,AND 639,A DISTANCE OF 417.30 FEET'TO THE BEGINMG
AND CONTAINING 7.47 ACRES.
TRACT 2
A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 7,T44N RI IW,IN
THE CITY OF 1EFFFMON,COLE COUNTY,MISSOURI,BB[NG PARTOF INL.OTNUMBFRS 772,773,775,
776,AND 777,THF VACATED ALLEY B'ETWEE.N SAID INLOTS,AND PARCEL 2 OF A QUIT CLA161
DEED RECORDED IN BOOK 336 PACE 60.
THIS TRACT IS ALSO DCSCRIBED AS TH}i SELOND, THIRD AND FOURTH PARAORAPHS
D"CRIDIM BY COLE COUNTY ABSERACT I1:TITLE CO,MFORMAT1ONAL COMMITMENT FILE NO.
7609,DATEO D12CEMBER S.2012,AND PARCEL,2 OF A QUIT CLAIM DEED RECORDED IN BOOK 336
PACE 602.
STARTING AT THE MM'NORTHERLY CORNER OP SAID INLOT 716,MNCE Mr36'30"E,
ALONG THE NORTHFAM-RLV LINES OF SAID INLOTS 776 AND 777,A DISTANCEOF 123.5E FEET TO
A POINT ON 711E?LEFT OR NORTHERLY LINE OF RAMP 4 AS PER PLANS OF JOB NO,5.0-34-2581 OF
771E MISSOURI STATE HIGHWAY DUPART'MENT.TIIE POINT OFBF,GTNKM.
FROM TILE POINT OF BEG1311►ING.THENCE ALONG THE NORTHERLY OR WESTERLY LINE
OF SAID RAMP 4,547'4330"1V 78.89 FEET 70 A POW 63,00 FEET LEFT OF STATION".THEN"
S59045'34"W 51.57 FEIN T10 A POINT 90.00 FRET LEff OF STATION 5+3330;THENCE S59°4220W
74AS FEl-rT '110 A POINT 71.33 FEET LEFT 46F STATION 4#58.19, ALSO BEINo ON TELE
SOU'1'EiB1M83'T'IyRLV LINt,OF SAID IIILO7'776;TI1F.31C8 N47"34110`W,ALONG TI IE SOUTHWESTERLY
11,14'ES OF SAID INLOTS 776 AND 779,A DISTANCE OF 139.17 FEET TO A POINT 40426 FEET LEFT OY
STAT30N I-M3.465 OF DUNKLTN.STREET AS PER PLANS OF JOB'NO.5-13.34,2518 OF THE MISSOURI
STATE HIGHWAY DEPARTMENT;77fti14CS LEAVING THE SOUT'HWF?_8T73RLY LINE OF INL.OT 773,
M*15'O0"W 46.29 FEET TO A POINT ON THE EASTERLY PiGHT-OF-WAY LINE OF MISSOURI
BOULEVARD, AT A POINT 76.00 FET LEFT OF STATION 15+10; T1IFNCE ALONG SAID LINE
N31'1 VOWT-30.32 FEET TO A P0tNT54.00 FL+=LEFT OF STATION 15+00;THENCE ALONG A CURVE
TO TRE LEFT,HAVING A RADIUS OF$53.06 FEET,A DISTANCE OF 205.41 FMT,THE CHORD BMNG
NS i O 12'10"E 204.23 FEET TO A POINT 54.00 FEET LEFT OF STATION P.C. 13414.92; THENCE
N4003340"13-34.92 FEET TOA POINT 34.00 FEET LEFT OF STATION 12+E0;THENCE 1463"34'30 E 49,66
!ERP TO A POINT 731D EGET 111FT OF STATION 12+35; THENCE ALONG THE NORTHEMY OR
WESTERLY LINE OF RAMP 4 AS PER PLANS OF JOB NO. 5•U•34-35115 OF 711E MISSOURI STATE
HIGHWAY DI:PARTMVT,SM"5540"E$030 PERT TO A POINT 20.130 FEET LEFT OF STATION 9+30;
THENCE;S13'21'30"F 46.29 FIST TO A POINT 25.00 FRET LEFT'OF STATION"Wi TIWNCE S4°50'50'W
89.43 FEET TO A PONT 40.00 FIT LEFT OF STATION 8400;THENCE SIr40'OO"W 84.88 FEET TO A
POINT 45.00 FERT LEFT OF STATION 71013;THENCE S47"43'30"W 3,77 DEET TO THE BSGINNING AND
CONTAINING 1.46 ACRES.
TRACT -.0S ROI NDED BY THE WESTERLY BANK OF !YEARS CREEK,VARCII 18 SUBJECT TO
CHANGE DUE TO NATURAL CAUSES,AND MAY OR MAY NOT REPRESENT THE ACTUAL LOCATION
DF THE LIMIT OP nn n)
A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 7,T44N R I I W,IN
THE CITY OF JEFFERSON,COLE COUNTY.MISSOURI,BEING PART OF INLOT NUMBERS 668 AND 669
AND nEwo THE TRACTS DESCRIflED BY A';;ARRANTY DEED RECORDED IN BOOK 352 PAGE 777
AND A QUITCLAIM HEED RECORDCD IN BOOK 393 PAGE 238.
PART OF THIS TRACT IS ALSO DESCRIBED AS THE FIGHTM PARAGRAPH DRSCRINED BY
COLE COUNTY ABSTRACT A TITLE CO. INFORMATIONAL COMMITMENT FILE NO.76459, DATW
DECEMBER 5,2012.
BEGINNING AT TME TWMRSECTION OF Tiff:EASTERLY RIGETT.OF-WAY LINE OF MISSOURI
BOUI.CV'ARD(BUSINESS US.HIGHWAY 50)AND THE NORTIIFALY LING OF TNLOT 6U.AT APOTNT
BEING_S47'41'80"E 4353 Fm,;r FROM THE NORTZEWL_STERLY CORNER OF SAID INLAT; THENCE
S47`4910"E,ALONG"THE NORT3g RLY LINE OF INLOT'S 666 AND 60..A DISTANCE OF 163.37 FEET TO
TILE MOST EASTERLY CORNER OF 71 IE:TRACT DESCRIBED BY A DEED RECORDED IN ROOK 352
PAGE 777,ALSO BEING THE NORTHWESTERLY CORNER OF THE TRACT DESCRIBFA BY A DEED
RECORDED IN BOOK 395 PAGE 333;THENCE CONTINUING ALANG'THE NORUIERLY LINEOF INIA1`
669, S47°48'50"E 29.13 FEET TO TM WESTERLY BANK OF WEARS CREEK;THENCE ALONG TILE
WESTERLY BANK OF WEARS CREEK;S7904I'5VW 21.53 FE&,THENCE SW34'o]rW 75,00 FEET;
THENCE 864'44'30"W 20M REGI;THENCE$50103110"W20.00 FEET;THENCE S4115910D"W 40.00 FEST;
THENCE 936044'50"W 40.00 FEET;THENCE S22'39130"W 40,00 FEET TO THE NORTHERLY LINE OF
ELM STREET;THENCE 1447 38'WW ALONG SAID LINE;119.13 PhFT TO THE EASTERLY RIGHT-OF-
WAY LINE OF'THE:MISSOURI DOUL.GVARD CONNECTION TO U.S.HIGHWAY 54;THENCE ALONG
SAID LINE H21.51'20"W 24.37 FEEP,THENCE NI6.01'00"W 62M PM TO TILE EASTERLY RIOlIT•OF-
WAY LINE OF MISSOUPJ BOULEVARD(BUSINESS ROUTE 54);THENCE ALONG SAID LINE,ON A
CURVE TO 111E RIGHT.HAVING A RADIUS OF 459.91 PEET,A DISTANCTI OF 160.03 FFF:T TO"F
BEOmim,THE CHORD BF.INoNs2 26'30"E 139.22 FEET ANDCONTA1mm 0.79 ACRE
TRACT{-(IS HOUNDED BY THF NORTHWESTERLY BANK OF REARS CREEK,WHICH IS SUBJECT
TO QIANGE DUE TO NATURAL CAUSES, AND MAY OR MAY NOT REPRESENT THE ACTUAL.
LOCATION OF THE LIMIT OF TITLE)