HomeMy WebLinkAboutOrd.4574.05-05-2014BILL NO. 14-53
ORDINANCE NO. J 7q -
AN
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AN ORDINANCE APPROVING A PETITION FOR THE
CREATION OF THE DOWNTOWN CAPE GIRARDEAU
COMMUNITY IMPROVEMENT DISTRICT; ESTABLISHING THE
DISTRICT AS A POLITICAL SUBDIVISION OF THE STATE
OF MISSOURI; AND DIRECTING THE CITY CLERK TO
NOTIFY THE MISSOURI DEPARTMENT OF ECONOMIC
DEVELOPMENT OF THE CREATION OF THE DISTRICT.
WHEREAS, Sections 67.1401 to 67.1571 of the Revised Statutes of
Missouri, as amended (the "CID Act") authorize the governing body of
any municipality, upon a proper petition requesting the formation and
after a public hearing, to adopt an ordinance establishing a community
improvement district; and
WHEREAS, on December 5, 2013, a petition for the creation of the
Downtown Cape Girardeau Community Improvement District (the
"District") was filed with the City Clerk of the City of Cape
Girardeau, Missouri (the "City"); and
WHEREAS, the City Clerk verified that the petition complied with
the CID Act and on March 17, 2014, the City Council adopted Resolution
No. 2802 calling for a public hearing to be held on April 21, 2014 in
accordance with the CID Act; and
WHEREAS, on April 21, 2014, the City Council held a duly noticed
public hearing at which all persons interested in the formation of the
District were allowed an opportunity to speak and at which time the
City Council heard all protests and received all endorsements; and
WHEREAS, the City Council finds that notice of the formation of
the District has been duly given and the public hearing thereon has
been held in which all reasonable protests, objections and
endorsements have been heard, all in accordance with Section 67.1431
of the CID Act: and
WHEREAS, the City Council further finds that the petition to form
the District is proper in that it meets all of the requirements of
Section 67.1411 of the CID Act.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
Section 1. There is hereby created the Downtown Cape Girardeau
Community Improvement District within the City as a political
subdivision of the State of Missouri having the powers and purposes set
forth in the petition, a copy of which is attached hereto as Exhibit A
and is incorporated herein by reference (the "CID Petition"). The
District shall include the contiguous tracts of real estate described
in Exhibit A of the CID Petition, and shall be governed by a board of
directors consisting of seven (7) members hereafter appointed by the
Mayor with the consent of the City Council and shall have authority to
impose a sales tax and a real property tax in the respective amounts
not to exceed the applicable rates set forth in the CID Petition.
Section 2. The term of the existence of the District shall be
for a minimum of one (1) year from the effective date of this Ordinance
establishing the District.
Section 3. The City Clerk is hereby directed to prepare and file
with the Missouri Department of Economic Development the report
specified in Section 67.1421.6 of the CID Act.
Section 4. The Mayor appoints and the City
the appointment of the following individuals to the
of the District for the initial terms so specified:
Length of
Director Initial Term
Lindy Lysell 4 years
Jon Rust 4 years
Dave Hutson 4 years
Sheila Sauer 2 years
Kent Zickfield 2 years
James 2 years
Stapleton
Daniel Statler 2 years
Council consents to
Board of Directors
Section 5. The officers of the City are hereby authorized and
directed to execute all documents and take such actions as they may
deem necessary or advisable in order to carry out and perform the
purposes of this Ordinance and to make ministerial alterations, changes
or additions to the foregoing documents herein approved, authorized and
confirmed which they may approve and the execution of such action shall
be conclusive evidence of such necessity or advisability.
Section 6. 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 7. This Ordinance shall take effect and be in full force
10 days after its passage by the City Council.
PASSED by the City Council of the City of Cape Girardeau,
Missouri, this 54)"A day of 2014.
Harry Recliger, Mayor
(Seal)
ATTEST:
"d
GaylL. Conrad
City lerk
EXHIBIT A
CID PETITION
[On file with the Office of the City Clerk]
CITY Ot CAPE GIRARDEAU
OFFICE OF THE CITY CLERK
VERIFICATION OF PETITION FOR THE CREATION OF THE
DOWNTOWN CAPE GIRARDEAU COMMUNITY IMPROVEMENT DISTRICT
I, Gayle L. Conrad, City Clerk for the City of Cape Girardeau, Missouri, do hereby state:
1. Petitions to create the Downtown Cape Girardeau Community Improvement District were
filed with the City Clerk on December 5, 2013.
2. I have reviewed the Petitions for the Creation of the Downtown Cape Girardeau
Community Improvement District, and determined on March 4, 2014, which does not
exceed ninety (90) days after receipt of the Petitions, that the Petitions substantially
comply with the requirements of Section 67.1421 of the Community Improvement
District Act
3. I hereby verify that the signatures of the signers were not withdrawn within seven (7)
days after the Petitions were filed with this office.
4. On March 17, 2014, I delivered the verified Petitions to the Cape Girardeau City Council.
Dated this 18s' day of March, 2014.
Gayle. Conrad, City Clerk
401 Independence Cape Girardeau, MO 63703 573-339-6300 Tel 573-339-6302 Fax G[yofcape.org
PETITION FOR THE CREATION OF THE
DOWNTOWN CAPE GIRARDEAU COMMUNITY IMPROVEMENT DISTRICT
To the Mayor and City Council of the City of Cape Girardeau, Missouri:
The undersigned real property owners (the "Petitioners"), being the owners collectively owning:
(1) more than fifty percent (50%) by assessed value of the real property; and
(2) more than fifty percent (50%) per capita of all owners of real property
within the boundaries of the hereinafter described proposed community improvement district, do hereby
petition and request that the City Council of the City of Cape Girardeau, Missouri create a community
improvement district as described herein under the authority of Sections 67.1401 to 67.1571, RSMo (the
"CID Act's. In support of this petition, the Petitioners set forth the following information in compliance
with the CID Act:
1. District Name. The name for the proposed community improvement district (the "District") is:
Downtown Cape Girardeau Community Improvement District
2. Legal Description and Map. A legal description and map of the proposed District are attached
hereto as Exhibit A. The proposed district is located entirely within the City of Cape Girardeau,
Missouri.
3. Five -Year Plan. A five-year plan containing a description of the purposes of the proposed
District, the services and public improvements that will be funded by the District, an estimate of
costs of these services and improvements to be incurred, and other details and requirements as set
forth in the CID Act is attached hereto as Exhibit B (the "Five Year Plan").
4. Form of District The proposed district will be established as a political subdivision of the State
of Missouri under the CID Act.
5. Board of Directors. The Board of Directors will consist of seven (7) members. The initial Board
of Directors shall be appointed by the Mayor with the consent of the City Council. The
Petitioners propose that the names of the initial directors and their terms be as follows:
Name
Term
Lindy Lysell
4 Years
Jon Rust
4 Years
Dave Hutson
4 Years
Shells Sauer
2 Years
Kent Zickfield
2 Years
James Stapleton 2 Years
Daniel Statler 2 Years
In addition to the eligibility requirements set forth in Section 67.1451 of the CID Act, only
owners of real property or their legally authorized representatives will be eligible to be appointed
to the Board of Directors.
6. Assessed Value. The total assessed value of all real property in the District is $8,197,340.00.
7. Blight. The Petitioners are not seeking a finding of blight.
8. Duration of District. The duration of the District w ll be for a minimum of one (1) year.
9. Real Property Tax. To assist in the funding of certain public improvements and services that
serve the properties within the District, the qualified voters of the District will be asked to
approve a real property tax of $0.6708, which is the maximum rate of real property tax to be
imposed by the District (the "District Property Tax").
10. Business License Tax. The Petitioners do not propose that a business license tax be imposed
within the District. Accordingly, the maximum rate of a business license tax to be imposed by the
District is $0.
11. Special Assessments. The Petitioners do not propose that special assessments be imposed within
the District Accordingly, the maximum rate of a special assessment to be imposed by the District
is $0.
12. Sales Tax. Qualified voters of the District will be asked to approve a sales tax of one-half of one
percent (0.5%) (The "District Sales Tax") to assist in the funding of certain public improvements
and services that serve the properties within the District.
13. Borrowing Limits. The Petitioners do not seek limitations on the borrowing capacity of the
District.
14. Revenue Limits. The Petitioners do not seek limitations on the revenue generation of the District.
15. Authority Limits. The Petitioners do not seek limitations on the powers of the District.
16. Revocation of Si tgr aames. The Petitioners acknowledge that THE SIGNATURES OF THE
SIGNERS OF THIS PETITION MAY NOT BE WITHDRAWN FROM THIS PETITION
LATER THAN SEVEN (7) DAYS AFTER THE FILING HEREOF WITH THE CITY
CLERK
WHEREFORE, the Petitioners respectfully request that the City Council establish the Downtown
Cape Girardeau Community Improvement District in accordance with the information set forth in this
Petition and take all other appropriate and necessary action that is consistent with the Community
Improvement District Act to establish the requested district.
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EXHIBIT A
BOUNDARY DESCRIPTION AND MAP
OF THE
DOWNTOWN CAPE GIRARDEAU COMMUNITY IMPROVEMENT DISTRICT
DESCRIPTION OF DOWNTOWN CAPE GIItARDEAU, MISSOURI
COMMUNITY IMPROVEMENT DISTRICT
ALL OF THAT PART OF THE CITY OF CAPE GIRARDEAU, STATE OF MISSOURI, WITHIN
TOWNSHIP 30 AND31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN at the southwest comer of Lot #23 of Range D of the City of Cape Girardeau, MO, approximately
112 feet south of the south line of Broadway, said point being the Southwest comer of a tract of land
now or formerly owned by Carl W. and Lori A. Wensky et al., thence west, parallel to the South line of
Broadway to a point on the west line of Ellis Street, thence south, with said west line of Ellis Street, to
the north line of an existing east -west alley through Lot #28 of Range D of the City of Cape Girardeau,
thence west, with the north line of said alley to the east line of an existing north -south alley on the west
side of said Lot #28 of Range D, thence in a southwesterly direction to a point on the west line of said
alley, said point being also the southeast comer of a tract of land now or formerly owned by the Robert
W. Bohnsack Trost, and said point being approximately 172.39 feet south of the south line of Broadway,
thence in a westerly direction parallel to the south line of Broadway to the east line of Pacific Street,
thence in a southwesterly direction to the northwest comer of Pacific Street and Themis Street, thence
west, with the North line of Themis Street, to the southwest comer of a tract of land now or formerly
owned by Luke Michael Pavone, said point being approximately 66.8 feet east of the northeast comer of
the intersection of Hanover Street and Themis Street, thence North, parallel with the East line of
Hanover Street, to the North line of Luce Street, thence westerly, with the north line of Luce Street, to
the southeast comer Lot #8 of Albert Place Subdivision (Plat Book 3, Page 17) and also of a tract of land
now or formerly owned by Cape County Area Investors, LLC, thence with the east line of said Lot #8 and
said Cape County Area Investors parcel, approximately 77 feet to the northeast corner of said Cape
County Area Investors parcel, thence with the north line of said Cape County Area Investors, LLC parcel,
westerly to a point on the west line of said Lot #8 and the east line of Lot #10 of said Albert Place,
thence with the east line of said Lot #10, North to the Northeast corner of said Lot #10, thence along the
north line of said Lot #10, westerly to the Northwest corner of said Lot #10, said point being on the east
line of an existing Alley, thence with the east line of said Alley, northerly approximately 66.2 feet to a
bend in said alley, thence continuing along the east / northeast line of said Alley, to the intersection of
the northeast line of said alley with the east line of Henderson Avenue, thence north, with the East line
of Henderson Avenue, approximately 36 feet, to the intersection of the east he of Henderson Avenue
and an extension of the north line of a tract of land now or formerly owned by the Eric J. Gooden Trust,
being located at 229 North Henderson Avenue, thence in a westerly direction to the northeast comer of
said Gooden Trust Parcel, said point being on the west line of Henderson Avenue and also on the South
line of a tract of land now or formerly owned by the Southeast Missouri University Foundation, thence
with the South line of the University Foundation Property, westerly to the east line of Park Avenue,
thence with the east line of Park Avenue, north approximately 70 feel to the northwest comer of the
University Foundation Parcel, thence with the north line of the University Foundation Parcel east,
approximately 68 feet to a comer of the University Foundation Parcel, thence running north, along the
west line of the University Foundation Parcel and parallel to the east line of Park Avenue, approximately
180 feet, to the southeast corner of a tract of land now or formerly owned by Eleanor L. Jones, said
parcel being located at 1231 Broadway, thence with the south line of said Jones parcel to the east line of
Park Avenue; thence north along the east line of Park Avenue 84.6 feet to the intersection of the south
line of Broadway and the East line of Park Avenue, thence in a northeasterly direction across Broadway
to the intersection of the north line of Broadway and the cast line of Park Avenue, thence north, with
the east line of Park Avenue to the southwest comer of Lot #25 of Block #1 of Park Place Addition,
thence east, along the south line of said Lot #25 to the southeast comer of said Lot #25, said comer
falling on the west line of Lot #2 of Block #1 of said Park Place Addition, thence southerly with the west
line of said Lot 42 to the southwest comer of said Lot #2, thence east with the south line of said Lot 92
of block #1, to the southeast comer of said Lot #2, thence in a southeasterly direction and
perpendicular to the present (2011 ad.) east right of way line of Henderson Avenue to a point on said
present east right of way line, thence with said east line, in a northeasterly direction, approximately 70
feet, to a point where the present east right of way line of Henderson Avenue intersects the originally
platted east right of way line of Henderson Avenue, thence southerly with the original east right of way
line of Henderson Avenue to the Southwest comer of Lot #4 of Block 1 of Matteson Terrace (Plat Book
3, Page 8), thence east with the south line of said Lot #4, and said line extended to the center of the
alley located in Block 1, a distance of 157.5 feet, thence southerly with the center of said alley to the
extension of the southerly line of Lot #5 of said Block 1 of Matteson Terrace, thence west with the south
line of Lot 5 and said line extended, to the southwest comer of said Lot #5 of block 1 of Matteson
Terrace, thence southerly along the west line of Lot 96 of said block #1 to the southwest comer of said
Lot #6, thence cast along the south line of said Lot #6 and said south line extended, to the center of the
existing alley indicated in Block 1 of Matteson Terrace, thence in a southeasterly direction along the
center of said alley to the west line of Houck Place as it presently exists, thence in a southeasterly
direction to the most westerly comer of Lot #9 of Block #2 of said Matteson Terrace, said point being
also on the South line of Bellevue Street, thence cast with the south line of said Bellevue Street to the
Northwest comer of Lot #15 of Block 42 of Matteson Terrace, thence along the west line of said Lot #15,
to the Southwest comer of said Lot #15, thence with the southern line of Matteson Terrace Subdivision,
being also the south line of Lots 15 and 17 of said Block 2, to the west right of way line of Pacific Street,
thence south along the west line of said Pacific Street, to a point opposite the extension of the north line
of a tract of land owned by the Southeast Missouri University Foundation, thence eastwardly on the
extension of this north line to a point on the cast line of Pacific Street, said point being approximately
134.06 feet south of the southeast comer of the intersection of Pacific Street and Bellevue street,
thence with the North line of the University Foundation Parcel, east to the west line of an existing alley,
thence southerly with the west line of said alley to a point on the north line extended of a tract now or
formerly owned by the Southwestern Bell Telephone Company, thence with said north line, and the
extension of said line, and being approximately 189.16 feet north of and parallel to the north line of
Broadway Street, to the east line of Ellis Street, thence north, with the east line of Ellis Street, to the
northwest comer of a tract of land now or formerly owned by Mansouri Karim, thence easterly with the
north line of said tract, to the northeast comer of said tract on the west line of an alley, thence in an
easterly direction, to a point on the east line of the same alley, and being on the northwest comer of a
tract of land now or formerly owned by Lee P. and Cassandra G. Scott, thence east along the north line
of the Scott parcel, parallel to and approximately 231.52 feet north of the north line of Broadway, to a
point on the west line of Sprigg Street, thence easterly to the northwest corner of Lot #33 of Range E in
the City of Cape Girardeau, thence east with the North line of said Lot #33, and continuing east along
the North line of Lot #28 of Range E, to the west line of Frederick Street, thence easterly to a point on
the East line of Frederick Street 6.06 feet north of the northwest comer of Lot 425 of Range E, thence
easterly and 6.06 feet north of the north line of said Lot #25 of Range E to the west line of an existing
alley, thence east to a point on the east line of said alley being also the northwest comer of Lot #20 of
said Range E, thence east with the north line of said Lot #20, to a point on the west line of Middle Street,
thence easterly to a point on the east line of Middle Street being also the northwest corner of Lot #18 of
Range E, thence with the north line of said Lot #18 and said north line extended to a point on the east
line of an alley at the NR' comer of Lot # 15 of Range E, thence north with the west line of Lot #16 of
saidRange E approximately 80.75 feet to the northwest comer of a tract of land now or formerly owned
by G& S Holdings, LLC, thence easterly with the north line of said G & S Holdings, LLC parcel to the
west line of Fountain Street, thence in an easterly direction to a point on the east line of Fountain Street at
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a point 45.15 feet south of the most western of the northwest comers of Lot # 1 of Marquette Towers (Plat
Book 22 at Page 33), thence Easterly approximately 203 feet to appoint on the west line of an alley being
157.99 feet south of the south line of Bellevue Street, thence northeasterly to a point on the cast line of
the same alley being 148 feet south of the south line of Bellevue Street, thence East to a point on the
west line of Lorimier Street being 83.6 feet north of the southeast comer of Lot #12 of Range E, thence
southerly with the west line of Bellevue Street to the southeast comer of said Lot #12, thence easterly
to a point on the east line of Lorimier Street at the northwest comer of Lot #10 of Range E, thence
easterly with the north line of said Lot #10 188.83 feet to the northeast comer of said Lot #10, thence
east with the north line of Lot #7 of said Range E 11.0 feet, thence north parallel with the west line of
Lot #8 of said Range E 1.67 feet, thence east parallel with the south line of Lot #8 of Range E 19.18 feet,
thence north parallel with the east line of Lot #8 of Range E, 89.94 feet to a point 140 feet south of the
south line of Bellevue Street, thence east and parallel with the south line of Bellevue Street, 188.82 feet
to the center of vacated Spanish Street, thence northerly with the center of said vacated Spanish Street,
40 feet, thence easterly and 100 feet south and parallel to the south line of Bellevue street and vacated
Bellevue Street to a point on the cast right of way of Main Street, thence north with the east right of
way line of Main Street, to a point 116 feet south of the intersection of the east line of Main Street with
the South line of vacated North Street, thence west, parallel with and 116 feet south of south line of
North Street, 156 feet to the southwest comer of a tract of land now or formerly owned by Downtown
Investments, Company of Cape Girardeau, thence north parallel to and 95 feet west of the west line of
Main Street to a point on the south line of North Street, thence with the south line of North Street
westerly to the intersection of the centerline of vacated Spanish Street with the south line of North
Street, thence north with the centerline of Vacated Spanish Street and said centerline extended to the
North line of Park Drive, thence easterly with the North line of Park Drive and said North line extended
to a point on the east right of way line of Main Street, thence north with the east line of Main Street to
the northwest comer of a tract of land now or formerly owned by Downtown Investment Company of
Cape Girardeau, thence easterly with the north line of said tract to the Northeast Comer of said Tract,
thence Southerly along the east line of said tract to the southeast comer of said tract on the east line of
Lot #2 of Range F, thence continuing south with the east line of Lots 2 and 1 of Range F to the southeast
comer of said Lot #1, thence in a southeasterly direction to the northeast corner of Lot #I of New River
Development Subdivision (Plat Book 22, Page 54), said point being also on the west line of Water Street,
thence southerly, with the west line of Water Street, to the northwest comer of Water Street and
Independence Strect, thence in a southeasterly direction to the intersection of the south line of
Independence Street and the west line of the existing Burlington Northern Railroad, thence along the
west line of said railroad, to the north line of the Burlington Northern Railroad Maintenance Property,
said north line being approximately 72 feet north of the north line of William Street, thence westerly
with the north line of said Burlington Northern parcel to the east line of Aquamsi Street, thence with the
east line of said Aquamsi Street to a point 150 feet north of the north line of Morgan Oak Street, thence
west to the southeast comer of Lot #4 of Range H, thence with the south line of Lots 4 and 9 of Range H
to the southwest comer of Lot #9 of Range H on the east line of Spanish Street, thence with the east line
of Spanish Street North to the Northwest comer of Lot #12 of Range H, thence east with the south line
of Good Hope to the west line of Aquamsi Street, thence north with the west line of Aquamsi Street to
the northeast comer of Lot 0 of Range G, thence westerly with the north line of Lot 5 and 8 of Range G
to the east line of Spanish Street, thence North with the west line of Spanish Street to a point 112 feet
south of the south line of Merriwether Street, thence west parallel to the south line of Merriwether
Street approximately 255 feet to the west line of an existing alley, thence south with said west alley line
to a point approximately 204 feet south of the south line of Merriwether Street and the southeast
corner of a tract of land now or formerly owned by Hutson Enterprises Inc., thence west with the south
line of said tract and parallel to the south line of Merriwether Street to the southwest comer of said
tract, thence north parallel to the east line of Lorimier Street to the South line of Merriwether Street,
thence east with the south line of Merriwether Street to the northwest comer of Lot #5 of Range A,
thence with the east line of a 15 foot alley across Merriwether Street and through range B to a point on
the south line of Independence Street on the northwest comer of Lot #5 of Range B, thence north to a
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point on the southeast corner of Lot #6 of Range C, thence westerly along the north line of
Independence Street to the northeast comer of the intersection of the north line of independence
Street and the east line of Lorimier Street, thence north with the east line of Lorimier Street to the
intersection of the east line of Lorimier Street with the North line extended of Themis Street, thence
west with said north line and said north line extended of Themis Street to the northeast comer of the
intersection of Themis Street and Fountain Street, thence with the East line of Fountain Street
approximately 165 feet to the intersection of the extension of the south line of an alley between Middle
and Fountain Streets and the east line of Fountain Street, thence westerly with the south line of said
alley and the extension thereof approximately 276 feet to a comer on the north line of a tract of land
now or formerly owned by Z & Z Investments LLC, thence south parallel with Fountain Street
approximately 18 feet to a comer on the west line of said Z & Z Investments parcel, thence west parallel
with the north line of Themis Street approximately 33.8 feet to the northwest comer of said Z & Z
Investments Parcel, thence south approximately 14.5 feet to the southeast comer of a tract of land now
or formerly owned by Tom and Karen Mogelnicki, thence with the south line of the Mogelnicki parcel
and said line extended approximately 185 feet to the west line of Middle Street, thence south with the
west line of Middle Street to the northwest comer of Middle Street and Themis Street, thence westerly
along the north line of Tbemis Street to the northeast corner of the intersection of Themis Street and
Frederick Street, thence North along the east line of Frederick Street a distance of 218.35 feet to the
intersection of the east line of Frederick Street with the south line of an existing alley, thence westerly
to a point on the west line of Frederick Street 128 feet south of the southwest comer of Broadway and
Frederick Street, said point being also on the Southeast comer of a tract of land now or formerly owned
by Michael L. Jackson etal, thence in a westerly direction parallel to the south line of Broadway Street
113.2 feet, to the most northerly comer of a tract of land now or formerly owned by Stephen and Julie
A. Southard, thence south parallel with the west line of Frederick Street 40 feet to a point on the north
line of an existing alley, thence with said north line west parallel with the south line of Broadway, 68
feet to the intersection of the north line of said alley with the east line of an existing alley, thence north
with the east line of said alley, 55.50 feet to a point on the east line of said alley approximately 112.50
feet south of the south line of Broadway, thence westerly parallel with said south line of Broadway,
along the north line of an existing alley and said north line extended east, a distance of 196.0 feet to a
point on the east line of Sprigg Street 112.5 feet from the southeast comer of the intersection of
Broadway and Sprigg Street, thence westerly 60.0 feet to a point on the west side of Sprigg Street at a
point 112.0 feet southerly from the southwest comer of the intersection of Broadway and Sprigg Street,
said point being also on the southeast comer of Lot #23 of Range D, thence South, with the west line of
Sprigg Street, 63.5 feet, thence west, parallel with the South line of Broadway, 180.2 feet, to a point on
the east line of an alley and the west line of Lot #22 of Range D, thence north, with the east line of said
alley, 63.5 feet to the place of beginning as indicated on the accompanying exhibit generated from the
City of Cape Girardeau Geographic Information System.
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FIVE-YEAR PLAN
FOR THE
DOWNTOWN CAPE GIRARDEAU COMMUNITY IMPROVEMENT DISTRICT
The information and details outlined in the following pages represent the strategies,
activities, and budgets that will be undertaken during the initial five-year duration of the
Downtown Cape Girardeau Community Improvement District. It is an integral and
composite part of the Petition for the Creation of the Downtown Cape Girardeau
Community Improvement District
June 27, 2013
Five Year Plan
Introduction
Sections 67.1401 through 67.1571 of the Revised Statutes of Missouri (the "CID Act") allow
municipalities to create community improvement districts ("CIDs") for the purpose of providing
additional services and improvements to specific areas of the municipalities. The City of Cape Girardeau
has been presented with a petition (the "Petition") for the creation of the Downtown Cape Girardeau
Community Improvement District (the "District"). Section 67.1421 of the CID Act requires that the
Petition be accompanied by a five-year plan which includes a description of the purposes of the proposed
district, the services it will provide, the improvements it will make, and an estimate of the costs of these
services and improvements to be incurred. This Five -Year Plan (the "Plan") is designed to comply with
this statutory requirement, and is appended to the Petition.
Section 1
District Description and Purpose
A CID is an entity that is separate from the City of Cape Girardeau ("City") and is formed by the
adoption of an ordinance by the Cape Girardeau City Council ("City Council") upon submittal of a
petition signed by the requisite number of property owners within the proposed CID and following a
public hearing before the City Council regarding formation of the proposed CID. A CID may take the
form of a political subdivision of the State of Missouri, or a nonprofit corporation that is formed and
operated under Missouri corporation laws. The Petition states that the District will be a political
subdivision. CIDs are empowered to provide a variety of public services and to finance a number of
different public improvements. The District intends to provide the hereinafter -defined District
Improvements and Services. CIDs derive their revenue from taxes and assessments levied within the
boundaries of the CID. Such revenues are then used for the benefit of the properties within the CID. The
District intends to seek voter approval for the hereinafter -defined District Sales Tax and District Property
Tax. A CID is operated and managed by a board of directors, whose members initially are named in the
petition to establish the CID. For this District, board members will serve for a designated period of time,
and at the expiration of each term, successors to the board positions will be appointed by the Mayor.
Only owners of real property within the District or their legally authorized representatives will be eligible
for appointment.
Section 2
Management Plan
This Plan is proposed to improve and convey special benefits to properties located within the
boundaries of the District by providing certain services and improvements within the District. The
District will be governed by a board of directors that will consist of seven (7) members (the "Board of
Directors"), whose names and terms of office will be stated initially in the Petition, subject to
appointment by the Mayor and confirmation by the City Council.
District Formation:
Creation of the District requires submission of signed petitions from a group of property owners:
• collectively owning more than fifty percent (50%) by assessed value of the real property
within the District, and
• representing more than fifty percent (50%) per capita of all owners of real property
within the District.
The Petition meets these requirements.
Location:
The District is located generally within the downtown area of Cape Girardeau, Missouri. The
District will cover approximately ninety nine point nine (99.9) acres of land, which is more particularly
described in Exhibit A of the Petition.
Assessed Value of District:
The total assessed value of the properties within the District on the date of the Petition is
$8,197,340.00.
Improvements and Services:
The District will assist in the funding of the following improvements and services authorized
under the CID Act (the "District Improvements and Services"):
`Districf im '[ovements'.and Services - -
Estimated Annual Cost
CLEAN & ATTRACTIVE
$119,850
Trash and Litter Pick Up (the District will contract for
additional trash and litter pick up services within the District)
_
Streetscape Maintenance (the District will fund additional
landscaping, beautification and on-going maintenance of the
streetsrape within the District
Holiday Decorations _
SAFE
$53,550
Security Management and Contracting (the District will
contract for additional security scrvices within the District
Security Camera Incentive Program (the District will offer a
cost -share grant opportunity for businesses within the District that
install security cameras)_
VIBRANT
$51,000
Marketing
Special Events
PROFESSIONAL
$30,600
Administration of District (including legal, finance, and
accounting costs and representation of interests with other entities
TOTAL
$ 255,000
Method of Financing:
Subject to voter approval, the District will impose a one-half of one percent (0.5%) sales tax (the
"District Sales Tar") and $0.6708 ad valorem real property tax (the "District Property Tax"). The
District intends for the ballot propositions to approve these taxes to include a twenty (20) year sunset
clause, whereby the taxes will automatically expire on the 20th anniversary of their implementation
(unless a subsequent election is held, at which the District's voters approve an extension to the duration of
the taxes). The revenue collected from the District Sales Tax and District Property Tax will be used to
fund the District Improvements and Services.
Cost:
The total estimated cost of the provision of District Improvements and Services, as described
above, is approximately $255,000 per year.
City Services
The CID Act mandates that existing City services will continue to be provided within a CID at
the same level as before the District was created (unless services are decreased throughout the City) and
that District Services and Improvements shall be in addition to existing City services. The District
anticipates that City services will continue to be provided within the District at the same level as before
the District was created, and the District will not cause the level of City services within the District to
diminish.
Governance
The District's budgets and policies will be refined annually, within the limitations set forth in this
Plan, by the Board of Directors. The District will enter into contracts with various entities, as are
necessary to provide for the District Improvements and Services. Budgets and reports will be submitted
annually to the City Council for review and comment. The District will operate at all times in accordance
with the District Rules and Regulations (see Section 3, below) and any Bylaws of the District adopted by
the Board of Directors.
Section 3
District Rules and Regulations
1. The District shall operate at all times in accordance with Bylaws that shall be adopted by the
Board of Directors. The District shall at all times conduct its proceedings in accordance with
Robert's Rules of Order, except as otherwise provided in the Bylaws.
2_ The District will meet on an annual or more frequent basis. The District shall hold meetings
when so requested by the City. All meetings will be held in accordance with the Missouri
Sunshine Law.
3. The District will annually prepare a budget, and an annual report describing the major activities
of the District during the preceding year and upcoming year. The budget shall be submitted to the
City Finance Director and City Council for review and comment not less than ninety (90) days
prior to the beginning of each fiscal year.
END OF DOCUMENT