HomeMy WebLinkAboutOrd.5408.06-07-2021 BILL NO. 21-73 ORDINANCE NO. 5q
AN ORDINANCE APPROVING A REDEVELOPMENT PROJECT FOR
REDEVELOPMENT PROJECT AREA 2 OF THE DOWNTOWN CAPE
GIRARDEAU REDEVELOPMENT AREA; ADOPTING TAX INCREMENT
FINANCING WITH RESPECT THERETO; AND AUTHORIZING CERTAIN
ACTIONS BY CITY OFFICIALS.
WHEREAS, the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800
to 99.865 of the Revised Statutes of Missouri, as amended (the "Act"), authorizes municipalities to
approve redevelopment projects pursuant to the Act; and
WHEREAS, the City of Cape Girardeau, Missouri (the "City"), duly created the Tax Increment
Financing Commission of the City of Cape Girardeau, Missouri (the "TIF Commission"), pursuant to the
Act; and
WHEREAS, following a duly-noticed public hearing held by the TIF Commission and
recommendation from the TIF Commission, the City Council adopted Ordinance No. 4803 on
January 4,2016, which approved the "Redevelopment Plan for the Downtown Tax Increment Financing
District, Cape Girardeau, Missouri, 2015" (the "Redevelopment Plan") and designated the redevelopment
area described therein(the"Redevelopment Area")as a redevelopment area pursuant to the Act; and
WHEREAS, the Redevelopment Plan divides the Redevelopment Area into five redevelopment
project areas(each, an"RPA")and describes a redevelopment project for each RPA; and
WHEREAS, the redevelopment of "RPA 2" is expected to include retail, office, upper-story
residential, newly constructed residential, parking and infrastructure developments (collectively, and as
further described in the Redevelopment Plan,the "RPA 2 Redevelopment Project"); and
WHEREAS, the TIF Commission has recommended approval of the RPA 2 Redevelopment
Project and the adoption of tax increment financing with respect thereto; ,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU,MISSOURI,AS FOLLOWS:
Section 1. The RPA 2 Redevelopment Project is hereby adopted and approved. The City
Council finds that the area selected for the RPA 2 Redevelopment Project includes only those parcels of
real property and improvements thereon directly and substantially benefited by the proposed RPA 2
Redevelopment Project.
Section 2. Tax increment allocation financing is hereby adopted within RPA 2 (as legally
described in the Redevelopment Plan).
Section 3. After the total equalized assessed valuation of the taxable real property in RPA 2
exceeds the certified total initial equalized assessed value of all taxable real property in RPA 2, as
determined in accordance with the Act, the ad valorem taxes and payments in lieu of taxes, if any, arising
from the levies upon taxable real property in RPA 2 by taxing districts and tax rates determined in the
manner provided in Section 99.855.2 of the Act each year after the effective date of this Ordinance until
the payment in full of all redevelopment project costs associated with the RPA 2 Redevelopment Project
shall be divided as follows:
(1) 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 assessed value of each
such taxable lot, block, tract or parcel of real property in RPA 2 shall be allocated to and, when
collected, shall be paid by the 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; and
(2) 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 RPA 2 and any
applicable penalty and interest over and above the initial equalized assessed value of each such unit
of property in RPA 2 shall be allocated to and, when collected, shall be paid to the City's Finance
Director, who shall deposit such payments in lieu of taxes into a special fund called the
"Downtown Cape Girardeau — RPA 2 Special Allocation Fund" of the City for the purpose of
paying redevelopment costs and obligations incurred in the payment thereof. Payments in lieu of
taxes which are due and owing shall constitute a lien against the real estate of RPA 2 from which
they are derived and shall be collected in the same manner as the real property tax, including the
assessment of penalties and interest where applicable.
Section 4. In addition, fifty percent (50%) 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 RPA 2, over the amount of such taxes 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 or charges for sleeping rooms paid by transient guests of hotels and motels, taxes
levied pursuant to Section 70.500 of the Revised Statutes of Missouri, as amended, licenses, fees or
special assessments other than payments in lieu of taxes and any penalty and interest thereon, taxes levied
pursuant to Section 94.660 of the Revised Statutes of Missouri, as amended, for the purpose of public
transportation, and any other tax or fee excluded from tax increment financing by Missouri law shall be
allocated to and paid by the collecting officer to the City's Finance Director,who shall deposit such funds
into a separate segregated account within the Downtown Cape Girardeau — RPA 2 Special Allocation
Fund.
Section 5. The Downtown Cape Girardeau — RPA 2 Special Allocation Fund is hereby
established. The Downtown Cape Girardeau— RPA 2 Special Allocation Fund shall have such accounts
and subaccounts as may be necessary or desirable for the administration of the Redevelopment Plan and
the RPA 2 Redevelopment Project. All moneys deposited in the Downtown Cape Girardeau — RPA 2
Special Allocation Fund shall be applied in such manner consistent with the Redevelopment Plan as
determined by the City Council.
Section 6. The City Clerk is hereby directed to submit a certified copy of this Ordinance to
the County Assessor, who is directed to determine the total equalized assessed value of all taxable real
property within RPA 2 as of the date of this Ordinance, by adding together the most recently ascertained
equalized assessed value of each taxable lot, block, tract or parcel of real property within RPA 2, and
shall certify such amount as the total initial equalized assessed value of the taxable real property within
RPA 2. The City Clerk is further directed to submit a certified copy of this Ordinance to the County
Collector, and the City Finance Director is directed to certify to the County Collector the amount of taxes
derived from economic activities within RPA 2 in the calendar year prior to the adoption of this
Ordinance,as prescribed in Section 4.
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Section 7. The sections of this Ordinance shall be severable. If any section of this
Ordinance is found by a court of competent jurisdiction to be invalid, the remaining sections shall remain
valid, unless the court finds that: (1) the valid sections are so essential to and inseparably connected with
and dependent upon the void section that it cannot be presumed that the City Council has or would have
enacted the valid sections without the void one; and (2) the valid sections, standing alone, are incomplete
and are incapable of being executed in accordance with the legislative intent.
Section 8. This Ordinance shall take effect and be in full force 10 days after its passage by
the City Council.
PASSED AND APPROVED by the City Council of the City of Cape Girardeau,Missouri,this
7th day of June , 2021.
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Bob Fox, Mayor
ATTEST:
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Gayle j Conrad, City Clerk ' � ' • '$
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RESOLUTION OF THE TAY INCREMENT FINANCING
COMMISSION OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, APPROVING THE REDEVELOPMENT PROJECT
FOR REDEVELOPMENT PROJECT AREA 2 AS DESCRIBED IN
THE REDEVELOPMENT PLAN FOR THE DOWNTOWN TAX
INCREMENT FINANCING DISTRICT, CAPE GIRARDEAU,
MISSOURI, 2015, AND EXPRESSING ITS
RECOMMENDATIONS TO THE CITY COUNCIL OF CAPE
GIRARDEAU, MISSOURI.
WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has created the Tax
Increment Financing Commission of the City of Cape Girardeau, Missouri (the "TIF Commission"); and
WHEREAS, the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800
to 99.865 of the Revised Statutes of Missouri (the "Act"), authorizes the TIF Commission to hold public
hearings with respect to proposed redevelopment areas, redevelopment plans and redevelopment projects
and to make recommendations thereon to the City Council; and
WHEREAS, on January 4, 2016, the City Council adopted Ordinance No. 4803 approving the
"Redevelopment Plan for the Downtown Tax Increment Financing District, Cape Girardeau, Missouri,
2015" (the "Redevelopment Plan") and designated the redevelopment area described therein (the
"Redevelopment Area") as a "redevelopment area" pursuant to the Act; and
WHEREAS, the Redevelopment Plan divides the Redevelopment Area into five redevelopment
project areas and describes a redevelopment project for each redevelopment project area; and
WHEREAS, after all proper notice was given, the TIF Commission held a public hearing in
conformance with the Act on April 22, 2021 and received comments from all interested persons and
taxing districts relative to the approval of the redevelopment project for Redevelopment Project Area 2;
NOW, THEREFORE, BE IT RESOLVED BY THE TAX INCREMENT FINANCING
COMMISSION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
1. The redevelopment project for Redevelopment Project Area 2, as described in the
Redevelopment Plan, is hereby adopted and approved.
2. The TIF Commission recommends to the City Council that the City Council adopt an
ordinance in the form required by the Act to (a) approve the redevelopment project for Redevelopment
Project Area 2 and (b) adopt tax increment financing with respect to Redevelopment Project Area 2.
3. The officers of the TIF Commission are hereby authorized and directed to execute all
documents and take such steps as they deem necessary and advisable to carry out and perform the purpose
of this Resolution.
ADOPTED by the Tax Increment Financing Commission of the City of Cape Girardeau,
Missouri, this day of April, 2021.
Ch firman