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HomeMy Public PortalAboutORD14607 BILL NO. 2009-94 COSPONSORS: Councilmen Rich Koon & Jim Penfold ORDINANCE NO. / 4- "t 0 AN ORDINANCE OF THE CITY OF JEFFERSON CITY, MISSOURI TO ESTABLISH A REDEVELOPMENT AREA,APPROVE THE SOUTHSIDE TAX INCREMENT FINANCING PLAN, APPROVE THE E. DUNKLIN STREET REDEVELOPMENT PROJECT AND ADOPT TAX INCREMENT FINANCING, AND DESIGNATE DUNKLIN STREET PROPERTIES, LLC AS THE DEVELOPER. WHEREAS, pursuantto the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800, et seq., of the Revised Statutes of Missouri, as amended, the City Council of Jefferson City, Missouri, by Ordinance No. 11701 , adopted February 3, 1992,created the Tax Increment Financing Commission of Jefferson City, Missouri; and WHEREAS, on October 15, 2009, the TIF Commission, after providing all notices required by applicable law, held a public hearing to receive comments and to consider the establishment of the redevelopment area as described in the TIF Plan (defined below) and as legally described on the attached Exhibit A the approval of the proposed Southside Tax Increment Financing Plan submitted to the City of Jefferson City, Missouri on September 17, 2009, and the approval of the redevelopment project as described in the TIF Plan; and WHEREAS, the City has received an application from , Dunklin Street Properties, LLC, the developer, directly or indirectly, cooperating with all of the real property owners within the E. Dunklin Street Redevelopment Area, to implement the TIF Plan; and WHEREAS, the TIF Commission has reviewed and considered the Redevelopment Area, the TIF Plan and the Redevelopment Project. NOW,THEREFORE, BE IT ENACTED BY THE COUNCIL OFTHE CITY OF JEFFERSON CITY, MISSOURI, AS FOLLOWS: Section 1. That the City Council makes the following findings: A. The Redevelopment Area on the whole is a blighted area as defined in the TIF Act based on: Bill 2009-94 Page 1 (1) the map and description of the Redevelopment Area set forth in the Introduction section of the TIF Plan; and (2) the Southside Plan completed by Arcturis in July 2009 B. The Redevelopment Area on the whole 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 due to the costs of constructing adequate public facilities and infrastructure in the Redevelopment Area. C. The City's comprehensive plan indicates that the Redevelopment Area should be developed for mixed-use, commercial and residential, as described in the TIF Plan, and therefore, the TIF Plan conforms to the City's comprehensive plan. D. The estimated date to complete the Redevelopment Project has been stated in the TIF Plan and such date is not more than 23 years from the adoption of the ordinance to approve the Redevelopment Project. E. In the event obligations are issued to finance Redevelopment Project Costs, it is anticipated that such Obligations will be retired in 2033 as stated in the TIF Plan, which is not more than 23 years from the adoption of the ordinance approving the Redevelopment Project. F. No property for any one Redevelopment Project will be acquired by eminent domain later than five years from the adoption of the ordinance approving the Redevelopment Project. G. No businesses or residences that will be required to relocate in order to implement the TIF Plan currently exist in the Redevelopment Area. Consequently, a relocation plan meeting the requirements of Section 523.205, RSMo, has not been developed and is not required. H. The Cost-Benefit Analysis section of the TIF Plan as required by the TIF Act: (1) shows the fiscal impact of the TIF Plan on each Taxing District (as defined in the TIF Plan); (2) shows the impact on the economy if the Redevelopment Project is built and if the Redevelopment Project is not built pursuant to the TIF Plan; and Bill 2009-94 Page 2 (3) includes sufficient information from the developer to evaluate whether the Redevelopment Project as proposed is financially feasible. J. The TIF Plan does not include the initial development or redevelopment of any gambling establishment(as defined in the TIF Act). K. The Redevelopment Project Area (as defined in the TIF Plan) selected for the Redevelopment Project includes only those parcels of real property and improvements directly and substantially benefitted by the proposed Redevelopment Project. Section 2. That the Redevelopment Area is established, as legally described in the TIF Plan. Section 3. That the TIF Plan is approved and tax increment financing is adopted for the Redevelopment Area. Section 4. That the Redevelopment Project is approved, the Redevelopment Project Area as defined in the TIF Plan is selected and adopted for the Redevelopment Project, and that 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 taxable real property in such Redevelopment Project Area by taxing districts and tax rates determined in the manner provided in subsection 2 of Section 99.855 of the TI F Act each year after the effective date of the ordinance until redevelopment costs have been paid shall be divided in accordance with Section 99.845 of the TIF Act; in addition to the payments in lieu of taxes aforementioned,fifty percent of the total additional revenue from taxes, penalties and interest which are imposed by the City or other taxing districts, and which are generated by economic activities within the Redevelopment Project Area over the amount of such taxes generated by economic activities within the Redevelopment Project Area in the calendar year prior to the approval of the Redevelopment Project by ordinance, while tax increment financing remains in effect, but excluding personal property taxes, taxes imposed on sales or charges for sleeping rooms paid by transient guests of hotels and motels, taxes levied pursuant to section 70.500, RSMo, or 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, shall be allocated to, and paid by the local political subdivision collecting officer to the treasurer or other designated financial officer of the City, who shall deposit such funds in a separate segregated account within the special allocation fund. Such payments in lieu of taxes and, subject to annual appropriation, economic activity taxes related to the Redevelopment Project shall be pledged to the repayment of any obligations issued by the TIF Commission or the City for the purpose of financing a portion of the Redevelopment Project Costs. Bill 2009-94 Page 3 Section 5. That Dunklin Street Properties is selected as the developer to implement the E. Dunklin Street Redevelopment Project. Section 6. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: Presjefing Officer �// Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Counselor Bill 2009-94 Page 4