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HomeMy WebLinkAboutORD.2968.02-04-2002BILL NO. 02-19 ORDINANCE NO. -4 tyA AN ORDINANCE CREATING A COMMISSION TO BE KNOWN AS THE TAX INCREMENT FINANCING COMMISSION OF THE CITY OF CAPE GIRARDEAU, MISSOURI; PROVIDING FOR THE APPOINTMENT OF ITS MEMBERS; AND ESTABLISHING CERTAIN POLICIES AND PROCEDURES RELATING TO BIDS AND PROPOSALS FOR TAX INCREMENT REDEVELOPMENT PROJECTS. 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 undertake redevelopment projects in blighted, conservation or economic development areas, as defined in the Act; and WHEREAS, Section 99.820 of the Act requires the municipality to create a commission of 11 members, six representatives of which are appointed by the chief elected officer of the municipality with the consent of the majority of the governing body of the municipality, prior to the adoption of an ordinance approving the designation of a redevelopment area or approving a redevelopment plan or redevelopment project; and WHEREAS, in order to promote a favorable economic environment, and to eliminate and prevent blight, the City Council of the City of Cape Girardeau, Missouri (the "City") finds it necessary and desirable to establish such a commission; and WHEREAS, Section 99.820.1 of the Act requires each municipality or its commission to establish written procedures relating to bids and proposals for the implementation of redevelopment projects; and WHEREAS, the City Council finds it in the best interest of the public to establish certain additional policies and guidelines relating to the consideration of proposals relating to tax increment financing; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Section 1. Creation of Commission. There is hereby created a commission to be known as the "Tax Increment Financing Commission of the City of Cape Girardeau, Missouri" (the "Commission"). Section 2. Authority of Commission. The Commission shall serve as an advisory board to the City as it relates to the consideration of tax increment financing proposals submitted by interested parties or initiated by any public agency in accordance with the Act. The City Council hereby authorizes and approves the exercise by the Commission of only those powers that are required by the Act to be exercised by the Commission, as follows: a. The Commission shall hold public hearings and give notices pursuant to Sections 99.825 and 99.830 of the Act on proposed redevelopment plans, redevelopment projects and designation of redevelopment areas and amendments thereto. b. The Commission shall vote on all proposed redevelopment plans, redevelopment projects and designations of redevelopment areas, and amendments thereto, within thirty (30) days following completion of a hearing on any such plan, project designation and shall make recommendations to the City within ninety (90) days of the hearing referred to in Section 99.825 of the Act concerning adoption of or amendment to redevelopment plans and redevelopment projects and the designation of redevelopment areas. Section 3. Organization of Commission. The Commission shall elect from among its members a Chairman, Vice Chairman and Secretary. Meetings of the Commission shall be open to the public to the extent provided by law and a record shall be kept of each meeting. The Commission may establish rules and procedures not in conflict with City ordinances or policies or the Act and shall meet as required to fulfill its obligations set forth in the Act. Section 4. Membership. The Commission shall consist of 11 members, six of whom shall be appointed by the Mayor with the consent of a majority of the City Council, and five of whom shall be appointed as provided in the Act. The members appointed by the Mayor shall serve terms of four years, except two of the initial appointments shall be for a term of two years from the date of such initial appointment, and two of the initial appointments shall be for a term of three years from the date of such initial appointment. The members appointed by the other taxing jurisdictions as provided in the Act shall serve from the time that the affected school district(s) and other affected taxing jurisdictions are notified in writing of a proposed redevelopment plan or designation of a redevelopment area until final approval or disapproval of the redevelopment plan, redevelopment project or designation of a redevelopment area by the City. The appropriate officials of the City are hereby directed to provide notice to other taxing districts of the establishment of the Commission in the manner required by the Act. Section 5. General Policy Regarding Tax Increment Financing. It shall be the policy of the City to consider the use of tax increment financing for those projects which demonstrate a substantial and significant public benefit by eliminating and preventing blight, financing desirable public improvements, strengthening the employment and economic base of the City and other taxing jurisdictions, increasing property values, reducing poverty, creating economic stability, upgrading older neighborhoods and areas, and facilitating economic self-sufficiency. Section 6. Procedures for Bids and Proposals. The City hereby adopts the following procedures for bids and proposals for the implementation of redevelopment projects: The City or the Commission shall solicit proposals with respect to the implementation of each proposed redevelopment project. b. Each request for proposals shall state the primary objectives of the proposed redevelopment area or redevelopment project. IN C. Each request for proposals shall provide reasonable opportunity for any person to submit alternative proposals or bids. d. Each request for proposals shall be mailed to those persons or firms which the City (or its designee) or the Commission (or its designee) determines might be interested in submitting a bid, and shall be published in a newspaper of general circulation in the City. Each request for proposals shall provide at least 30 days for the submission of a proposal. e. Each proposal must demonstrate that "but for" the use of tax increment financing, the project is not feasible and would not be completed. f. Criteria for the selection of proposals will include the impact of the proposed project on the City and other taxing jurisdictions, including the projected term for which tax increment financing will be utilized. The City or the Commission may establish such additional criteria as it deems appropriate for the selection of bids and proposals; provided, such criteria shall be generally stated in the request for proposals. Section 7. Severability. 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: (i) 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 ones; and (ii) the valid sections, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. Section 8. Effective Date. This Ordinance shall become effective 10 days after its final passage by the City Council. PASSED by the 5 , 2002. (SEAL) ATTEST: City Council of the City of Cape Girardeau, Missouri, this LI+h day of , , i0A (Zxua Gayle L. Corad, City Clerk -3- W�," Albert M. Spradling III, Mayor