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HomeMy WebLinkAboutOrd.5066.04-02-2018 BILL NO. 18-35 ORDINANCE NO. .��W AN ORDINANCE APPROVING A PETITION FOR THE CREATION OF A COMMUNITY IMPROVEMENT DISTRICT; ESTABLISHING CAPE DOGWOOD COMMUNITY IMPROVEMENT 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 February 9, 2018, a "Petition Authorizing the Formation of a Community Improvement District, " a copy of which is attached as Exhibit A hereto (the "CID Petition") , was submitted to the City requesting the formation of the Cape Dogwood Community Improvement District (the "District") on approximately 10 acres located southwest of the intersection of Independence Street and Sheridan Drive in the City; and WHEREAS, the City Clerk verified that the petition complied with the CID Act; and WHEREAS, the City Council held a duly-noticed public hearing on March 5, 2018 and continued on March 19, 2018, 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 . 1421 of the CID Act. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Section 1 . The Cape Dogwood Community Improvement District is hereby created within the City as a political subdivision of the State of Missouri having the powers and purposes set forth in 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 five (5) members hereafter appointed by the Mayor with the consent of the City Council in accordance with the CID Act, subject to the qualifications set forth in the CID Petition. The District is authorized to impose a sales tax in the amount set forth in the CID Petition. Section 2 . The term of the existence of the District shall be from the effective date of this Ordinance until 25 years from such effective date. Section 3. The City Council, by adoption of Ordinance No. (Bill No. ) , has found and determined that the real property located in the District is a "blighted area" pursuant to Chapter 353 of the Revised Statutes of Missouri . As such, the District is also a "blighted area" under Section 67 . 1401 .2 (3) (b) of the CID Act. Section 4 . 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 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 to carry out and perform the purposes of this Ordinance and to make ministerial alterations, changes or additions to the 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. All actions taken to date by the officers of the City with respect to the CID Petition and the District, including, without limitation, the provision of notices for the public hearing regarding the creation of the District, are hereby ratified. 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 -2 - • 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 and effect ten days after ' ts passage and approval . PASSED AND APPROVED this .i[ '•ay ofADLSA_, 2018 . blt)4 :4k11* ( �s Harry E.1 . Rediger, Mayor Oi 'iA" 201E WW1®F9 b. - Bruce Tay , Deputy City Clerk - 3 - 1*141I1no10, CID PETITION [On file with the Office of the Deputy City Clerk] A PETITION AUTHORIZING THE FORMATION OF A COMMUNITY IMPROVEMENT DISTRICT A. The undersigned, being (1) the owners collectively owning more than fifty percent by assessed value of the real property within the boundaries of the hereinafter -described community improvement district and (2) more than fifty percent per capita of all owners of real property within the boundaries of the hereinafter -described community improvement district, do hereby petition and request that the City of Cape Girardeau, Missouri (the "City"), create a community improvement district as described herein under the authority of Sections 67.1401 to 67.1571, inclusive, of the Revised Statutes of Missouri (the "Act'). B. The name of the proposed district shall be the "Cape Dogwood Community Improvement District." C. A legal description and boundary map of the proposed district is attached hereto as Exhibit A. D. A five-year plan stating a description of the purposes of the proposed district, the services it will provide, the improvements it will make, and an estimate of costs of these services and improvements to be incurred is attached hereto as Exhibit B. E. The proposed district will be established as a political subdivision under the Act. F. The purpose of the proposed district is to identify, prioritize and fund services and improvements as determined by the board of directors, which will consist of five (5) directors appointed by the Mayor with the consent of the City Council, each being either (1) an owner of real property within the proposed district, or a legally authorized representative thereof, or (2) a registered voter residing within the proposed district. G. The total assessed value of all real property in the proposed district is $1,300,670. H. Petitioner is seeking a determination that the proposed district qualifies as a "blighted area" under the Act. 1. The term of the proposed district shall be for a maximum of 25 years from the date the City approves an ordinance authorizing'the creation of the district, J. Petitioner will not seek to submit to qualified voters a proposition for approval of a real property tax levy or business license tax. K. Petitioner will submit to the qualified voters a proposition to impose a district -wide sales tax at the rate of not more than one percent (1.0%). L. Petitioner will not seek to submit to the qualified voters a proposition for approval of a special assessment. M. Petitioner does not seek limitations on the borrowing capacity of the district. N. Petitioner does not seek limitations on the revenue generation of the district. O. Petitioner does not seek limitations on the powers of the district. P. 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. [Remainder of Page Intentionally Len Blank] -2- EXHIBIT B FIVE-YEAR PLAN A. Purpose of the Proposed District. A Community Improvement District ("CID") is a vehicle established tinder Sections 67.1401 to 67.1571 of the Revised Statutes of Missouri (the "Act"). CID's are empowered and created to provide a variety of services and to finance a number of different services and improvements. CID's derive their revenue from taxes and assessments levied only within the boundaries of the CID. As revenues from the CID sales tax and other sources permit, the proposed District intends to fund or assist in funding the proposed services and improvements described below. B. The Proposed Services and Improvements. The proposed District will fund or assist in funding the CID services and improvements described below, as well as the administrative, legal and other costs relating to the ongoing operation of the District. The proposed services and improvements (collectively, the "CID Project") include the following: • The purpose of the CID Project shall be to improve a blighted area located in the central part of Cape Girardeau, Cape Girardeau County, Missouri. It is the intent of the CID Project to use funds from sales tax revenues to improve the interior and exterior of the buildings and to otherwise remove or demolish certain buildings that are blighted and in a state of disrepair that is not cost affective. • The additional purpose of the CID Project is to conduct such demolishing, renovating and/or rehabilitating of structures that are located within the CID, • It is also the intent of the CID Project to provide such public services as are needed and otherwise authorized by law. C. Estimated Costs. The estimated cost of the CID Project is $2,000,000.00. Administrative, legal and other costs associated with the ongoing operation of the proposed District are not expected to exceed $12,000 per year, The District expects, to pay these costs directly from District, sales tax revenues as they are generated with either (1) the proceeds of bonds, notes or other obligations (the "CID Obligations") secured by District sales tax revenues or (2) directly from District sales tax revenues as they are generated. D. Schedule of Activities. Year One • Impose District sales tax • Collect District sales tax • Construct CID Project and perform improvements to the blighted area Year Two • Collect district sales tax IN • Construct CID Project and perform improvements to the blighted area • Use District sales tax revenues to pay debt service on any CID Obligations Year Three • Collect District sales tax • Use District sales tax revenues to pay debt service on any CID Obligations • Finalize and maintain improvements to the blighted area Year Four • Collect District sales tax • Use District sales tax revenues to pay debt service on any CID Obligations • Finalize and maintain improvements to the blighted area Year Five • Collect District sales tax • Use District sales tax revenues to pay debt service on any CID Obligations • Finalized and maintain improvements to the blighted area ME EXECUTION PAGE FOR PETITION AUTHORIZING THE FORMATION OF A COMMUNITY IMPROVEMENT DISTRICT Name of owner: Cape Dogwood Redevelopment Corporation Owner's telephone number: (-561) 644 —2708 Owner's mailing address: 2554 Carriage Crossing Way Cape Girardeau, Missouri 63701 IFSIGNER IS DIFFERENT FROM OWNER: Name of signer: State basis of legal authority to sign: Signer's telephone number: (_) Signer's mailing address: If owner is an individual: If owner is not an individual, state what type of entity: ❑ Single ® Corporation ❑ Limited Partnership ❑ Partnership ❑ Married ❑ General Partnership ❑ Limited Liability Company ❑ Urban Redevelopment Corporation ❑ Not-for-profit Corporation ❑ Other Parcel Number(s): 203080009001000000 Assessed Value: $ 1,300,670 Property Address(es): 64 E. Plaza Way Cape Girardeau, Missouri 63703 S -I By executing this Petition, the undersigned represents and warrants that he or she is authorized to execute this Petition on behalf of therty owner nam,/ed immedia ly a�vQe. Date: �_ Signature: Y �'��7'+ ` C4- H`'"�"" Anand Patel, President of Cape Dogwood Redevelopment Corporation, a Missouri Redevelopment Corporation STATE OF MISSOURI ) COUNTY OFC nc�CQ D., n Before me personally appeared k" `�d� tome personally known to be the individual described in and who executed the foregoing instrument. WITNESS my hand and official seal this Sh day My Commission Expires: S-2 JOHN R, SCHNEIDER Notary public • Notary Seal State of Missouri, Cape Girardeau County Commission N 14397323 My CIN W.ommission Expires May 18, 2018 CITY CLERK'S RECEIPT OF PETITION This Petition was filed in my office on Le b01044'2018. - klkXg Ah A ot(2( City Clerl o Cape Girardeau, Missouri APPENDIX 4 PROJECT FINANCING - SOURCES AND USES It is the intent of Cape Dogwood Community Improvement District to secure private financing to improve the outside esthetics of the blighted area and to further redevelop the blighted area. Currently, Cape Dogwood Community Improvement District is in the process of securing funds from a local bank located in Cape Girardeau, Missouri to make such improvements and will be in the form, most likely, as a construction loan. aDo"'J' P. pfl-4 Anad Patel, President Cape Dogwood Community Improvement District APPENDIX 5 PROJECT FINANCING COMMITMENT To: City of Cape Girardeau RE: Cape Dogwood Community Improvement District To Whom It May Concern: It is the intent and desire of Cape Dogwood Community Improvement District to fund the project through a private funding resources, to include, but not limited to, private funding and funds borrowed from a local bank in Cape Girardeau, Missouri. This will be in the form of a construction loan to make improvements to the blighted area. I, on behalf of Cape Dogwood Community Improvement District, have comn-dtted to secure financing and to make this project occur. Anad Patel, President Cape Dogwood Community Improvement District Tax Impact Statement for the Cape Dogwood Development Plan Submitted by: Cape Dogwood Redevelopment Corporation January_, 2018 Tax Impact Statement for the Cape Dogwood Development Plan The Cape Dogwood Redevelopment Corporation (the "Corporation") submitted the Cape Dogwood Development Plan (the "Development Plan") to the City of Cape Girardeau, Missouri (the "City") on January_, 2018 in accordance with the requirements of Chapter 353 of the Revised Statutes of Missouri ("Chapter 353") and Ordinance No. 4167 of the City (the "Urban Redevelopment Ordinance"). The Development Plan pertains to an approximately 10 -acre portion of an area of the City commonly known as the Town Plaza shopping center (as further described in the Development Pian, the "Redevelopment Area"). The Redevelopment Area currently consists of several commercial buildings and paved parking areas. A study from the Southeast Missouri Regional Planning and Economic Development Commission ("SEMORPC") detailing the dilapidation, deterioration and other conditions present in the Redevelopment Area is included in the Development Plan. This study supports a finding that the Redevelopment Area is a "blighted area" as defined by Section 353.020(2) of Chapter 353. The Development Plan provides for the use of partial real property tax abatement to incentivize redevelopment of the Redevelopment Area. The anticipated redevelopment activities include the rehabilitation and renovation of most of the commercial buildings in the Redevelopment Area, improvements to the parking areas in the Redevelopment Area, demolition of the northernmost building in the Redevelopment Area (as more specifically Identified in the Development Plan), and the construction of outdoor entertainment attractions (collectively, the "Redevelopment Project"). The rehabilitated and renovated buildings are expected to be occupied by commercial tenants, including a family entertainment hub in the large building in the southern portion of the Redevelopment Area (currently known as "The Venue"). Completion of the Redevelopment Project will remediate the blighted area conditions described in the SEMORPC study. Chapter 353 permits up to 25 years of partial tax abatement. The Development Plan limits partial tax abatement to 10 years (i.e., 2018 through 2027). During the 10 - year abatement period, taxes for the Redevelopment Area will be based on the 2017 assessed value of the land, exclusive of improvements. However, the Corporation (and any successor property owners) will make contractual payments in lieu of taxes ("PILOTs") that, together with any unabated taxes, will equal $36,000 per year throughout the abatement period. The PILOTs will be divided among all taxing districts that levy ad valorem real property taxes in the Redevelopment Area pro rata based on each taxing district's then -current levy rate. Chapter 353 and the Urban Redevelopment Ordinance require that a tax impact statement be prepared regarding the tax abatement contemplated by the Development Plan. In accordance with these requirements, this Tax Impact Statement includes estimates of the amount of real property tax revenues and PILOTs that taxing districts affected by the Development Plan will receive if (1) the Redevelopment Project is Tax Impact Statement for the Cape Dogwood Development Plan Page 1 completed as contemplated by the Development Plan and (2) is not completed (and, as a result, the Redevelopment Area remains in its current condition). Exhibit 1 attached hereto details the assumptions used in preparing this Tax Impact Statement. Exhibit 2 attached hereto summarizes the total unabated taxes and PILOTs that the affected taxing districts are expected to receive from 2018 to 2027 and the value of the tax abatement expected to be realized by the Corporation (and any successor property owners) during that time. Exhibit 3 attached hereto shows the distribution of expected unabated real property tax revenues and PILOTs to each affected taxing district during each year from 2018 to 2027 if the proposed Redevelopment Project is completed and tax abatement is provided as contemplated by the Development Plan. Exhibit 4 attached hereto shows the distribution of expected real property taxes to each affected taxing district from 2018 to 2027 if the Redevelopment Project is not completed (and the Redevelopment Area remains in its current condition). In addition, the Redevelopment Project is expected to generate numerous construction and permanent jobs, significant sales tax revenue and other ancillary benefits. The impact of these items is not included in this Tax Impact Statement. Tax Impact Statement for the Cape Dogwood Development Plan Page 2 EXHIBIT 1 ASSUMPTIONS Tax Parcel: 203080009001000000 2017 Assessed Value: Land: $ 606,780 Improvements: 693.890 Total: 1,300,670 Estimated 2019 Assessed Value (assumes Redevelopment Project is 70% complete): $1,375,000 Estimated 2021 Assessed Value (assumes Redevelopment Project is 100% complete): $1,400,000' Assessed Value growth rate after completion: 2% each reassessment year Assessed Value growth rate if Redevelopment Project is not built: 0% each reassessment year2 Taxing District Levy Rates: Tax rates for years 2018 through 2027 will be the same as the 2017 tax rates. ' Phase 2 of the Redevelopment Project is expected to include the demolition of an existing building and the development of outdoor entertainment uses, such as miniature golf. The increase In assessed value attributable to the new outdoor entertainment uses is expected to be mostly offset by the decrease in assessed value attributable to the demolition of an existing building. '- Without the tax abatement Incentives contemplated by the Development Plan, the Redevelopment Area is not expected to receive any new investment or redevelopment. Accordingly, it is assumed that the assessed value of the Redevelopment Area will remain constant from 2018 to 2027 if the Redevelopment Project is not built pursuant to the Development Plan. Tax Impact Statement for the Cape Dogwood Development Plan Exhibit 1 EXHIBIT 2 SUMMARY OF TAX IMPACT STATEMENT *Unabated real property taxes and PILOTS will collectively equal $36,000 each year from 2018 to 2027. Tax Impact Statement for the Cape Dogwood Development Plan Exhibit 2 iRevenue Generated: from Unabated Taxes and PILOT ' Payments Value or - Tax Distribution (2018 - 2027)* Abatement State of Missouri $ 1,936 ' $ ?,290, Cape Girardeau County - General Revenue 4,640; 5,502 Cape Girardeau County - Mental Health -4,9.8-2, 5,907 Cape Girardeau County Senate Bt1140 3,569 4,231 Cape Girardeau County - Senior Services 3,085 3,657 Cape Girardeau County - Public Health 6196 1 7,346 _... . Cape Girardeau City - General 19,574: 23,208 Cape Girardeau City - Health 3 666 4,346 Cape Girardeau School District 268,266318,057 Cape Giradeau Public Library 20271; 1 24,034 Commercial Surcharge 23,815 28,235 ; $ 360,000: $ 426,818 *Unabated real property taxes and PILOTS will collectively equal $36,000 each year from 2018 to 2027. Tax Impact Statement for the Cape Dogwood Development Plan Exhibit 2 L2a r W O J •.. w as OMO ZOp W aIU^> N V+ O (~j0. W aaw M ~ W Z n Q ooa O W M W Z TW < W V) F- 0 ❑ LL N C M �a W L C x 111W E Ea d° m �O CO Q O E3 x 0 r Q 0 U a 3 ar, o -;h v'y. ria N S9 �R,n . N N N N � Q�PFB.�^. nU• ry{GN rM�.. ry N N ffq V ryC �_• �N N:N N n N P S N ry ry ry m�O�C� Y pP4VeN•1Mb�G O [ N C M �a W L C x 111W E Ea d° m �O CO Q O E3 x 0 r Q 0 U et Mr _W W cl W W�j 0J z n, w� WO � U+ OIi. z WU 0. W w0 (L °L ( N - J F— ww z it C LL G 00 zW r0> w 00 WN re Y. H W W Q .L1�1. I N N �I N n M r o o r P P N N s O P N N iN OO�O0. 000;000 P.00 m c t m .J c x N a) E Oa w 0 V! Q U . C,D 0 E 3 x 0 N0 N N U BOUNDARIES OF CAPE DOGWOOD COMMUNITY IMPROVEMENT DISTRICT LOT 2 OF INDEPENDENCE VILLAOGE SUSDNISION AS SWLMN IN PLAT HLGORDED OCTOBER 14, 2011 AS O(CUAtENT NO. 201 6-1 151 4 CIF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY MISSOUP.I. A RESUBDNISION OF ALL OF I C•T NUMBFRFD TWEN1V.riN0 (22) ANO PART OF LOTS NUM8EAED TNENTf-ONE 121 j AND TVA NTY-THREE 123) OF R.L. STLPRDfVANTS SUBDMSION AND PART OF OUT LO' &UMBER FIFTY-SEVEN 157) OF USP SURVEY A'2 :9i, TOWNSHIP 30 NORTH, RANGE 13 EAST ALL BEING. IN OUT _OTS NUMBERED FIFTY SEVEN 1571 AND FIFTY-EIGHT 159). IB U.S P. SURVEY •2199. TOWNSHIP 30 NORTH. RANGES 13 AND 14 EAST IN THE CITY OF CAPE GIRARDEAU, MISSOURI. AND BEING SUBJECT TO AN ABANDONED RAILROAD RGHT OF•WAY. Exhibit /8 SITE LOCATION N < 64 Plaza Way East € E _- _ IndaPe ndencc SI i WF7l�.. I �1 w A' • it ',el . t St I, • w+ul.m st N 0 s 8 N - I inch = 200 feet rn A-1 EXHIBIT B FIVE-YEAR PLAN A. Purpose of the Proposed District. A community improvement district ("CID") is a vehicle established under Sections 67.1401 to 67.1571 of the Revised Statutes of Missouri (the "Act"). CID's are empowered and created to provide a variety of services and to finance a number of different services and improvements. CID's derive their revenue from taxes and assessments levied only within the boundaries of the CID. As revenues from the CID sales tax and other sources permit, the proposed district intends to fund or assist in funding the proposed services and improvements described below. B. The Proposed Services and Improvements. The proposed district will fund or assist in funding the CID services and improvements described below, as well as the administrative, legal and other costs relating to the ongoing operation of the district. The proposed services and improvements (collectively, the "CID Project") include the following: Rehabilitation and renovation of commercial buildings Demolition of commercial building Parking lot and internal vehicular and pedestrian traffic improvements C. Estimated Costs. The estimated cost of the CID Project is $-. Administrative, legal and other costs associated with the ongoing operation of the proposed district are not expected to exceed - per year. The district expects to pay these costs with either (1) the proceeds of bonds, notes or other obligations (the "CID Obligations") secured by district sales tax revenues or (2) directly from district sales tax revenues as they are generated. D. Schedule of Activities.' verify for accuracy*1 Year One • Impose district sales tax • Collect district sales tax • Issue bonds, notes or other obligations • Construct CID Project Year Two • Collect district sales tax • Construct CID Project • Use district sales tax revenues to pay debt service on the CID Obligations C Year Three • Collect district sales tax • Use district sales tax revenues to pay debt service on the CID Obligations Year Four • Collect district sales tax • Use district sales tax revenues to pay debt service on the CID Obligations Year Five • Collect district sales tax • Use district sales tax revenues to pay debt service on the CID Obligations C EXECUTION PAGE FOR PETITION AUTHORIZING THE FORMATION OF A COMMUNITY IMPROVEMENT DISTRICT Name of owner: Cape Dogwood Redevelopment Corporation Owner's telephone number: C--) - Owner's mailing address: 2554 Carriage Crossing Cape Girardeau, Missouri 63701 IF SIGNER IS DIFFERENT FROM OWNER: Name of signer: State basis of legal authority to sign: Signer's telephone number: (� - Signer's mailing address: If owner is an individual: ❑ Single ❑ Married If owner is not an individual, ® Corporation ❑ General Partnership state what type of entity: ❑ Limited Partnership ❑ Limited Liability Company ❑ Partnership ❑ Urban Redevelopment Corporation ❑ Not-for-profit Corporation ❑ Other Parcel Number: 203080009001000000 Assessed Value: $1,300,670 Property Address: 64 E. Plaza Way Cape Girardeau, Missouri 63703 S-1 By executing this petition, the undersigned represents and warrants that he or she is authorized to execute this petition on behalf of the property owner named immediately above. Date: Signature: STATE OF MISSOURI Before me personally appeared , to me personally known to be the individual described in and who executed the foregoing instrument. WITNESS my hand and official seal this day of 12018. My Commission Expires: S-2 Notary Public CITY CLERK'S RECEIPT OF PETITION This Petition was filed in my office on , 2018. (SEAL) City Clerk