HomeMy Public PortalAboutORD15722 BILL NO. 2017-64
SPONSORED BY COUNCILMAN Fitzwater
ORDINANCE NO. 15722
AN ORDINANCE APPROVING THE REDEVELOPMENT PROJECT OF THE ST.
MARY'S HOSPITAL TAX INCREMENT FINANCING PLAN AND ADOPTING TAX
INCREMENT FINANCING THEREIN.
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 the provisions of the Real
Property Tax Increment Allocation Act, Section 99.800 to 99.865 of the
Revised Statutes of Missouri ("RSMo") (collectively the "TIF Act");
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 14, 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;
WHEREAS, on August 21, 2017, the City Council approved the TIF Plan, designated
the Redevelopment Area, designated the Redevelopment Area as a
blighted area, and designated F & F Development, LLC as the developer
for the Redevelopment Project; and
WHEREAS, the City Council desires to activate tax increment allocation financing for
the Redevelopment Project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1: All terms used in this ordinance not otherwise defined herein shall
be construed as defined in the TIF Act or the TIF Plan.
Section 2: The area selected for the Redevelopment Project, legally described
in Exhibit A and attached hereto, is approved and designated as the Redevelopment
Project Area. The Redevelopment Project Area includes only those parcels of real
property and improvements thereon which will be directly and substantially benefited by
the Redevelopment Project improvements therein.
Section 3: Tax increment allocation financing is hereby adopted for taxable
real property in the above-described area selected for the Redevelopment Project Area.
Pursuant to the TIF Act, after the total equalized assessed valuation of the taxable real
property in the Redevelopment Project Area exceeds the certified total initial equalized
assessed valuation of the taxable real property in the Redevelopment Project Area, the
ad valorem taxes, and payments in lieu of taxes, if any, arising from the levies upon the
taxable real property in, such project by taxing districts and tax rates determined in the
manner provided in subsection 2 of Section 99.855, RSMo, each year after the effective
date of the ordinance until the sooner of the expiration of 23 years, or when
redevelopment costs have been paid and all reimbursable project costs have been
reimbursed pursuant to the TIF Plan shall be divided as follows:
a. That portion of taxes, penalties and interest levied upon each,taxable lot, block,
tract, or parcel of real property which is attributable to the initial equalized value
of each such taxable lot, block, tract or parcel of property in the area selected
for the Redevelopment Project Area shall be allocated to and, when collected,
shall be paid by the Cole County Collector to the respective affected taxing
districts in the manner required by law in the absence of the adoption of tax
increment allocation financing.
b. Payments in lieu of taxes attributable to the increase in the current equalized
assessed valuation of each taxable lot, block, tract or parcel of real property in
the area selected for the Redevelopment Project Area, and any applicable
penalty and interest over and above the initial equalized assessed value of
each such unit of property shall be allocated, to and, when collected, shall be
paid to the City's director of finance and information technology and who shall
deposit such payment in lieu of taxes into a special fund called the "Special
Allocation Fund" of the City for the purpose of paying Redevelopment Project
Costs and obligations incurred in,the payment thereof and for the collection of
payments in lieu of taxes, as applicable. Any payments in lieu of taxes which
are not .paid within 60 days of the due date will be deemed delinquent and
assessed a penalty of one percent (1%) per month.
Section 4: That in addition to ,the payments in lieu of taxes described in
subsection b of Section 3 above, fifty percent (50%) of the total additional revenue from
taxes, penalties and interest which are imposed by the City or taxing districts, and which
are generated by economic activities within the area selected for the Redevelopment
Project Area over the amount of such taxes generated by economic activities within
such area in the calendar year prior to the adoption of this ordinance, while tax
increment financing remains in effect, but excluding personal property taxes, taxes
imposed on sales of charges for sleeping rooms paid by transient guests of hotels and
motels, taxes levied pursuant to Section 70.500 RSMo, taxes levied for the purpose of
public transportation pursuant to Section 94.660, RSMo, licenses, fees or special
assessments, other than payments in lieu of taxes, and penalties and interest thereon,
or any sales tax imposed by a county with a charter form of government and with more
than six hundred thousand but fewer than seven hundred thousand inhabitants, for the
purpose of sports stadium improvement, shall be allocated to, and paid by the local
political subdivision collecting officer to the City's director of finance and information
technology, who shall deposit such funds in a separate segregated account within the
Special Allocation Fund.
Section 5: That if any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent-provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 6: That all ordinances or parts of ordinances in conflict with this
Ordinance are hereby,repealed.
Section 7: This Ordinance shall be in full force and effect from and after its
passage and approval by the Mayor and City Council.
Passed:_ G/'—S- Approved:LZ412-t 5��1:7
Presiding Officer Mayor Carrie Tergin
ATTEST: - f4:R.:;`,:= APPROVED AS TO FORM:
City C rk ' r City ou elor
;�1
EXE11BIT A
LEGAL DESCRIPTION
ST. MARY'S HOSPITAL TAX INCREMENT FINANCING PLAN
REDEVELOPMENT PROJECT AREA
=401
A TRACT OF LAND[A)CATED IN THE NORTHWEST QUAILIM&OF SWRON 7,T44N RI IW
AND IN THE NORTHEAST QUARTEROF SECTION 12,T44N R12%IN THE CITY OF JEFFINSON,COIF
COUNTY,MI&SOURI.HPANG All,OF It NUMBERS 656 THROUGH 663,763 THROUG14 770.PART
Of INLOT NUMBER 771.PART OF TM SOUTIMAST QUARTER OF THE NORTHEAST QUARTER OF
SFCnO4 12,T44N R 12W,PART OF THU VACATED RJGIIT-OF-WAY OF ELM STREET.HARRISON
ST!MiLT.MILLER STREET.AND PART OF VACATED ALLEYS.AND TM TRACT VESCR)8VD 13Y A
QUITCLAIM DEED-RCCORDED IN B(X)X 224.PAGE 695.
7111S TRACT IS ALSO DESCRMED AS TIM FIRST, FtFTII, S1X7K N AND T P-M-1
PARAGRAPHS DESCRIBED BY COLE COUNTY ABSTRACT 4 7ME CO, INFORMATIONAL
CCIMMtTMENT FILE NO, 76459, DATFA) D13CE-Mlillit 5. 2012, THE VACATBD RIGHT-OP-WAY OF
HARRISON STRE-ET.AND THE TRACT DFISCRIBEI)BY A QUIT CLAIM MEDRK)ORDFI)IN BOOK 249
PAGE 695.
IlFnINNING AT TI IC NOR111EASTERLY CORNFR OF-INLOT NUMBER 669,THFNCE ALONG
`AIE SOUTHBkLY RIGHT-OF•WAY LINE OF U,S, HIGHWAY 50 AND 63, N9417-4WT 42.39 FEET;
THENCE S4 I'l VD0"R 63.14 FEET;7NENCE S4*57'361'W 41.51 S2rl3'oolw 317A2.FEer
TO THE WESTERLY RIMIT-OF-WAY LM OF MISSOURI BOULEVARD (DUSINESS ROUTS 50);
THMCR, ALONG SAID LINE. S75694'41D"W 57.76 FEET; THENCE ALONG A CURVE TO THE LEFT,
HAVING A RADIUS OF 539.91 FEET,A DISTANCE Of 32316 FEET,THIS CHORD SIZING 557v49'10"w
370,36 FEET;THENCE S4W3314(rW 244.46 FEE I,TlItNCE ALONG A CURVE To Tile RIGHT,tIAVING A
RADIUS OF 459.06 FEET.A DISTANCE OF 15132 FEET,THE CHORD 11FINO S50%4W-W 151.62 FERr
TO TIM IIASTKLY LINE OF THE TRACT VESCRIBE0 BY A DRFD RKORDFn IN BOOK 300 PAGE$45,
ALSO BEING THE WFSTFRLY LINE OF VACATED HARRISON STREET.THENCHN42-10-3VI;ALONG
SAID IANF,4.33 FFET.'DIFNCE ALONG THE NORTHERLY LINE.OF THE TRACT DESCRIBBD BY A
DEED RECORDED IN BOOR 100 PAGE 545.S%46110-W 62.90 FEET TO THE EASTERLY AIGHT-OF.
WAY LINE OF BOLIVAR STREET.TH[ICE ALONQ SAID IMF, N6M4'2VW 30-00 FEFT!THENCE
ALONG A CURIM TO TIM RIGHT,HAVING A RADIUS OF 696.20 FERT.A DISTANCE OF 147.87 FECr,
THE CHORDIRRIM NS*15*241"W 14748 FMT.THENCII N 2V4'60"W 203,64 PEET;niENCE ALONG A
CURVE TO-FHR PJOHL IIAV04G A RADIUS OF 851.97 FEET, A DISTANCE OF 181.51 PEK TW.
CHORD DE NG N12*4110'Ci 179.51 FEET,, TRENCII N420I1r$&'E- 441.110 FERT TID THE
NoRTwoEsTEmy CORNER OF mLormimucit 656;UtENCE S47°511°20-14 ALONG TIMNORTPERLY
LINE OF WLOT NIJMflM 6%,-65-1,658,AND 639,A DISTA14CE OF 417.50 FEET TO THE BELT
AND 0ONTAINtNG 7.47 ACRES.
JHma2
A TRACT 01:LAN13 LOCATED IN THE NORTHWEST QUARTER OF SECTION 7,T44M RIIW,IN
TIM CITY OF JEFFFRSON,COLE COUNTY,MISSOURI,BEING PARTOF INLOTNUMBERS,772,773,7-75,
776,AND 777,THP VACATED ALLEY BETWEEN SAID FNWM AND PARCEL 2 OF A QOIT CLAIM
DEED RECORDED IN BOOK 336 PADE 6G&
THIS TRACT IS ALSO DIISCRIBED AS THE SKUND, THIRD AND FOURTH PARAGRAPHS
DUCRIBED 13Y COLE COUNTY ABSTRACT&TITLE CO,04FORMATIONAL COMMITMENT FILE NO.
76419,DATED DECEMBER 5.2012,AND PARCE1.2 OF A QUIT CLAIM DI-MI)RECORDED IN BOOK 336
PAGE 608.
STARTING AT THE MOS I'NORTHERIN CORNER OF SAID INLOT 776.THENCE S4r36'3a"4
ALONG THr NORTHEASTF-IlLY LINES OF SAID ML OTS 776 AND I",A DSTANCP OF 123.558 m-ET To
A POINT ON TIM LEFT OR NORTHERLY LINE OF RAMP 4 AS PER PLANS OF JOB NO,5-U-34.2584 OF
'nit MISSOURI STATE HIGHWAY DE PARTMENT.THE POINT OF BFGRWM
FROM THE POINT OF BEGMING,THENCE ALONG THE KORTHERIX OR WFSMRLY LIKE
OF SAID RAMP 4,S43"43'3VW 71.09 FEET'TO A PONT 61.00 FEET'LEFT OF STATION 6+0;THENCE
S59'45'30"W 51.57 M-T TO A POINT 70.00 FREI*LUT OF STATION 343330;'GIEKC S59,42*20"W
74,45 FF.Ilrl' TO A POW 71.33 FEET LEFT OF STATION 4+58.19, AM BEING 014 THE
kOM9W'PXMRLY LINE OF SAID INLOT 776;'Il?I-,NC6 8147,34"10*14',ALONG THIS S0kMJWtMRLY
LINES OF SAID INLOTS 776 ANO 775,A DISTANCE OF 139.27 FEET TO A POWT 40.26 FW LEFT OF
STATION 1443.65 OF DUNXLTN STREET AS PER PLANS OF JOI)NO.3=0444366 OF THE MISSOURI
STATE JUGHWAY DEPARTMENT,THNCB LEAVING TifE SOUrKWEMRLY LINE OF INt.0T 775,
N9'15'OVW 46,29 MET TO A POINT ON THE LkSTIMLY RIGHT-OF-WAY LINE OF MISSOURI
BOULEVARD, AT A POINT 76,00 FPlrr LEFT OF STATION 15+41; TIW.NCF AIDNG SAID LM
N38*1 S'W'F 5032 FEET TO A POINT 54,00 FEET LEFT OF STATION 15+00,THENCE ALONG A CURVE
TO THE LEFT,HAVING A RADIUS OF 333.06 FEET,A DISTANLT OF 205.41 FEET.THE CHORD BEING
N51612'IW'E 2D413 FEET TO A POINT 54.00 FEET LEFT OF, STATION P,C, 13+14,92; THVqCE
N40031INW1134.92 FEETTO A POINT 54,00 FEE1 UlFrOFSTATMN 12+80*.THENC9X6S614'30"E49,66
FEFT TO A POINT 7100 FEET LEFT OF STATION 12t35; THENCE ALONG 171E NORTHERLY OR
WEMRLY LINE OF RAMP 4 AS PER PLANS OF 1011 NO. 5-U-54-298 OF THE MISSOURI STATE
IlIGHWAY DEPARTh4M S65-33lVE MJO PERT TO A POINT 20,00 FMW LEFT OF STATIO)q 9+50:
THFNCK SIMI30"F 4619 FEET TO A POINT 25,00 FM LEFT OF STAMM 9+01i MXCF$054'50"9{
39-43 FFY.T To A Pow Aa-oo FEET Lnrt Or STATION 940;THENCE 51 r40"00"W 84.11 FEET M A
POINT 45.00 FRPT LEFT OFSTATION 7100;M WNCE S47043130rW 3J7 FEET M THE PEOINHM AM
CONTAINING IA6 ACRES.
IRA=-(IS ROUNDED BY THE WESTERLY BANK OF WEARS CREEK, WIRCH IS SUBYECT TO
CHANGE DUE TO NATURAI,CAUSES,AND MAY OR MAY NOT REPRESENT 7H1 AMAL LOCATI011
OF THE LIMIT OF TMJ2)
A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 7,T44N It I I W,IN
THE CITY OF JEFFERSON,GOLF,MINTY,MIMURI,BEING PART Of INLOT NUMBPAS 668 AND 669
AND BEING THE TRACTS DESCRIBED BY A WARRANTY DEED RECORDED IN BOOK 352 FAOB 177
AND A QUITCLAIM DEM RECOM E IN BOOK 39$PAGE.239.
PART OF THIS TRACT IS ALSO DESCRIBED AS THE 111ONTM PARAGRAPH DESCRIBED BY
COLE COUNTY ADMACT&TITLE CO.INFORMATIONAL COMMITMENT FILE NO,76459,DATM
DECEMBER 5,2012.
BEGINNING AT THE 114TERSECTION OP TUIR EASWIRLY RIGHT-OF-WAY LINE OF FAISSOUR!
BOULEVARD(BUSINESS U.S.H1011 WAY SO)AND TkIE NORTUERLY LTNF OF INLOT 668.AT A POINT
BEING %47*43'317"93 42.63 FrZr FROM THE NORTHWISTEMY CORNER OF SAID INLOT; IMENCE.
597"`46'56'F,ALONG THE NORTHFRLY LINE OF INLM 668 AND"9,A DISTANCE OF 363.37F-kst"DFD
THE N40ST EASTERLY CORNER OF TIM TRACT DESCIIJUED BY A DEED RECORDED IN BOOK 352
PAGE 7r,,ALSO BEING THE NORTHWESMLY CORNER OF THE TRACT DESCRIBED BY A DRED
KECORDFI)IN BOOK 395 PAGE 2304 THING;CONTINUING ALONG THE NORTHERLY LINE OF INLOT
669,567-481WT 2,5,13 FEET TO THE WESTERLY BANK OF WEARS CREEK-, TMM ALONG THE
WESTERLY BANK OF WEARS CREEK,579.41-50-W 2&53 FEh7;THIME SW54'WW 25,00 FEED.
THENCE 964-443rfV 20J00 FEET;THENCE SM31"20.00 FET;THENCE:S41*59'0rW 40.00 FEET,
nIENCE Sl&°"*SWW 40.00 FEET,THENCE 522*39'30"W 40.00 FEET 110 THE NORTHERLY LINE or
ELM sTRFFr;THENCE N47'38'00"W ALONG SAID LINE;119.63 FEET TO TIM EASTERLY RIONT-OF-
WAY LINE OF THE MISSOURI DOULEVARD CONNECTION TO-U.S-lilqllWAY 54;THENCE ALONO
SAID LINE N2Iv3A'2W'W 24.37 METITHENCE N16-01"OO-W 62,44 HET TO THE WTERLY IUOIIT
WAY LINE OF MISSOURI BOULEVARD(BUSINESS ROUTE'Mk THENCE ALONG SAID LINE,ON A
CURVE TO DIE RIGHT,HAVING A RADIUS OF 4$9.91 PF.ET;A DISTANCE OF I04-01 FFET TO THP
BEGINNING,THE CHORD BEING 1452-26-3WE 11912 FEET ANIS CONTAINING 0.10 ACRL
nLAaA-(IS SOUNDED BY THE NORT7IWE9MRLY BANK OF WEARS CREEK,WHICH IS 91BIRCT
TO CILkNGr- DUE TO NATURAL CAUSES, AND MAY OR MAY NOT REPRESENT THE ACTUAL
LOCATION OF 11111 LMT OF TITIX)
roplo LSI lel E LLI
900 W.48th Place,Suite 900,Kansas City,MO 64112 • (816)753-1000
August 23, 2017 Evan F.Fitts
(816)360-4287
(816)817-0053 Direct Fax
efitts@polsinelli.com
Ryan Moehlman
City Counselor
City of Jefferson, Missouri
320 E. McCarty Street
Jefferson City, Missouri 65101
Re: St.Mary's Hospital Tax Increment Financing Redevelopment Project
Area Activation Ordinance
Dear Ryan,
I am writing as counsel to F&F Development, LLC (the "Developer") with respect to the
St. Mary's Tax Increment Financing Plan. Per our discussion, the Developer hereby requests
that the City approve in final the ordinance activating tax increment,financing within the
Redevelopment Project Area constituting the entirety of the area subject to the Plan. That item
was introduced on August 21, 2017 as Bill No. 2017-64, and further consideration of the final
approval'of that Bill was to be tabled to a future to-be-determined date. We now request that the
City take final actions to approve that Bill by ordinance at the September 5, 2017 meeting, or as
soon as practicable thereafter.
Sincerely,
/s/
Evan F. Fitts
polsinelli.com
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