HomeMy WebLinkAboutRES.08-05-1981.Special BusinessA RESOLUTION DETERMINING THE INTENTION OF THE GOVERNING BODY OF
THE CITY OF CAPE GIRARDEAU, MISSOURI, TO ESTABLISH A SPECIAL
BUSINESS DISTRICT WITHIN THE CITY OF CAPE GIRARDEAU, MISSOURI,
AND DETERMINING AND APPROVING CERTAIN MATTERS RELATED THERETO
WHEREAS, the governing body of the City of Cape Girardeau,
Missouri (the "City"), is authorized pursuant to Sections 71.790
to 71.808, inclusive, Revised Statutes of Missouri, 1978, as
amended, to establish business districts in the manner provided
therein, and upon establishment each such district shall be a
body corporate and politic and a political subdivision of the
state; and
WHEREAS, pursuant to the Special Business District Law, the
owners of record.of certain real property located in the City
have filed a Petition with the governing body of the City (a copy
of said Petition being attached hereto and made a part hereof),
requesting the governing body of the City to establish a special
business district within the area described in Exhibit A to said
Petition, which area is located entirely within the boundaries of
the City and is the area generally bounded by Route K, Mt. Auburn
Road, South of Blattner Drive and West of Silver Springs Road;
and
WHEREAS, petitioners state that they have undertaken the
development and construction of a commercial project in the area
described in Exhibit A consisting of office buildings, commercial
establishments and related structures and that in connection with
such project, it will be necessary to construct street and sewer
improvements and other improvements within such area for reasons
of public convenience, safety and health, and that petitioners
desire that such improvements be financed through the levy of
taxes and the issuance of bonds pursuant to the provisions of the
Special Business District Law; and
WHEREAS, upon examination and discussion of said Petition,
the governing body of the City finds it necessary, desirable and
advisable and in the best interests of the City and its inhabitants
to adopt this Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 1. Findings and Determinations. The. City Council
hereby finds and determines that:
(a) The Petition for Formation of a Special Business District
in the -City of Cape Girardeau, Missouri, filed with the City
Council on August 3, 1981, is signed by all of the owners of
record of real property in the proposed district as described in
Exhibit A to said Petition, and said Petition has been duly and
properly executed and filed with this City Council in accordance
with the Special Business District Law.
(b) The formation of a Special Business District is desired
by all of the owners of record of real property in said proposed
district.
(c) The formation of said district and the construciton of
street and sewer improvements and other improvements therein are
necessary for the public health, safety, welfare and benefit of
the owners of real property in said proposed district and of the
City and its inhabitants.
SECTION 2. Determination of Intent to Establish Special
Business District. The City Council hereby determines and declares
its intent to establish a special business district, consisting
of certain real property as described in Exhibit A to said Petition,
said real property being approximately seventy (70). acres in size
and located entirely in the City of Cape Girardeau, Missouri,
pursuant to the provisions of the Special Business:District Law,
to serve said realproperty through the exercise of the powers
and purposes of the Special_ Business District Law, and to be
known as "Special Business.District No. 1.of Cape Girardeau,
Missouri".
SECTION 3. Boundaries of ProposedSpecial.Business District.
The boundaries of the proposed special business district are
hereby established and shall be as described.in Exhibit A to
said Petition, said boundaires being as follows:
All of the following described real estate situated in Cape
Girardeau.County, Missouri:
A tract of land being part of Outlots 84 and 85, Lot 2 of the
Rodney 400 Arpen Tract, ,and part of Eberts Subdivision, USPS
2199, Township 30 North,.Range 13 East of the Fifth Principal
Meridian, in the City and County of Cape Girardeau, State of
Missouri, and being more particularly described as follows:
Start at the northwest corner of Outlot 85; thence S. 82° 26' E.,
with the north line of said Outlot 85, 35.0 feet to the east line
of Mt. Auburn Road, the point of beginning; thence with the east
line of Mt. Auburn Road the following courses and distances; S.
61 00' W, 143.3 feet to a point on a curve having a radius of
538.5 feet; thence with said curve to the left 229.8 feet; thence
S. 180 26' 21" E., 99.35 feet; thence leaving the east line of
Mt. Auburn Road, N. 88° 29' E., 240.34 feet to a point on the
west line of West Park Mall; thence with said west line S. 380
43' 07" E., 27.89 feet to a point on a curve having a radius of
360.00 feet and a chord bearing of S. 49° 21' 34" E.; thence
along said curve to the left, 133.71 feet; thence S. 601 00' 00"
E, 172.15 feet to a point on a curve,having a radius of 190.00
feet and a chord bearing S. 39° 13' 30" E'.; thence along said
curve to the right, 137.79 feet; thence S. 180 27' 00" E., 258.77
feet; thence S. 71° 33' 00" W., 470.00 feet to the east line of
Mt. Auburn Road; thence along the east line of Mt. Auburn Road S.
180 27' E., 1640.9 feet to the north line of Bloomfield Road;
thence with said north line of Bloomfield,Road.the following
courses and distances; N. 69° 08' E., 9.5 feet; thence N. 67°,54'
E., 137.2 feet to a point on a 3°-25' curve to the left; thence
with said 3° 25' curve to the left, 196.2 feet; thence N. 74° 37'
E., 57,.61 feet; thence leaving the north line of Bloomfield Road,
N. 180 27' W:, parallel to and 400 feet east of.Mt. Auburn Road,
636.29 feet to the south line of Blattner Drive; thence with said
south line N. 71° 33' E.,,876.02 feet to a point on a curve
having a radius of 370.00 feet; thence with said curve to the
right 137.31 feet; thence S. 87', 11' 12" E., 283.73 feet to the
west line of Lot l of Eberts Subdivision; thence S. 08° 06' W.
along said west line of Eberts Subdivision (also being the east
line of Outlot 85) to the north right of_way ,line of Bloomfield
Road, said _point being the southwest.corner of Lot l of Eberts
Subdivision; thence with the south line of said Lot 1, 303.6 feet
to the southeast corner of said Lot l; thence with the south line
of Lot 2, 196 feet to the southeast corner of Lot 2 of Eberts
Subdivision; thence with the east line of said Lot 2, 984.72 feet
to the northeast corner of said Lot 2; thence S. 82° 25' E., with
the south line of Lot 2 of. Rodney 400 Arpen Tract (and the north
line of Eberts Subdivision), 75.5.2 feet more or less; thence N.
2.
0° 04' W., 722.33 feet; thence N. 890 12' W., 263.71 feet;
thence N. 30 30' W., 873.7 feet; thence S. 620 02' W., 62.15
feet; thence N. 810 21' W., 150.0 feet; thence N. 80 39' E.,
162.2 feet to the south right of way line of Missouri State Route
"K" at Station 304 + 78.9 and 90 feet right of said Route "K"
centerline; thence continue westerly along the south line of said
Route "K" with the following courses and distances; S. 760 33'
10" W., 26.52 feet to a point on_a curve having a radius of
1994.86 feet; thence with said curve to the right, 276.79 feet;
thence S. 830 22' 21" W., 94.84 feet to a point on a curve having
a radius of 1979.86 feet; thence with said curve to the right,
1131.84 feet; thence N. 70° 21' 53" W., 151.77 feet; thence N.
69° 21' 20" W., 764.60 feet; thence S. 67°_22' 46" W. 128.61 feet
to the east right of way line of Mt. Auburn Road; thence S 6° 00'
W., ,870.95 feet to the point of beginning.
Also include the right of way of Missouri State Route K from the
intersection of the centerline of Mt. Auburn Road at Station
279+23 eastward to Station 304+78.9 as marked by an old iron pin
set 90 feet right of centerline.
Also include the 70 foot wide right of way of Mt. Auburn Road
from the south line of Missouri State Route K southerly to the
north line of Bloomfield Road.
Except that area of the West Park Mall, described as follows:
A tract of land being part of Outlets 84 and 85, U.S.P. Survey
No. 2199, Township 30 North, Range 13 East of the Fifth Principal
Meridian, in the City and County of Cape Girardeau, Missouri, and
being more particularly described as follows:
Beginning at an old iron rod at the intersection of the East line
of Outlot 84 and the South line of Missouri State Route K; thence
S. 8° 45' 53" West,.1,007.88 feet .to an old T Fence post; thence
South 80 12' 29" West, ,along the East line of Outlot 85, 885.58
feet to a point; thence.North 810, 47' 31" West, 586.68 feet to
the true point of beginning; thence North 101 30' 00" East,
182.33 feet to a point on a curve having a radius of 190.00 feet;
thence along said curve to the right a distance of 164.15 feet to
a point; thence North 601 00' 00" East, 601.78 feet to a point;
thence North 4° 04' 45" East, 291.66 feet to a point on a curve
having a radius of 415.00 feet; thence along said curve to the
left a distance of 428.30 feet to a point; thence North 55° 03'
11" West, 100.0 feet to a point on a curve having a radius of
435.0 feet; thence along said curve to the right a distance of
118.91 feet to a point; thence South 500 36' 34" West, 63.26 feet
to a point on a curve having a radius of 310.0 feet and a chord
bearing North 780 12'-43" West; thence along said curve to the
left a distance of 211.42 feet to a point; thence South 82' 15'
00" West, 280.60 feet to a point on a curve having a radius of
290.0 feet; thence along said curve to the right a distance of
94.88 feet.to a point; thence North 79° 00' 19" West, ,77.17 feet
to a point; thence North 34° 00' 19" West, 28.28 .feet to a point;
thence North 10' 59' 41" East, 170.51 feet to a point;. thence
North.61° 41' 42" East, 99.47 feet to a point on, the south right-
of-way line of Missouri State Route K, said point being a point
on curve having a radius of 1,979.86 feet and a chord bearing
North 790 00' 19" West; thence along said curve, being the south
right-of-way line of Missouri State Route. K, to the right a
distance of 228.07 feet.to a point; thence South 39, 42' 21"
East, 99.47 feet to a point; thence South 101 59' 41" West,.
170.51 feet to a point; thence South 550 59' 41" West,.28:.28 feet
to a point; thence North 79° 00' 19" West, 447.50_feet.to a point
3.
on a curve having a radius of 310.0 feet; thence along said curve
to the left a distance of 116.59 feet to a point; thence North
59' 38' 18" West,.26.20 feet to a point on a curve having a
radius of 213.0 feet and a chord bearing North 00 59' 45" East;
thence along said curve to the right a distance of 146.38 feet to
a point; thence North 20' 38' 40" East, 141.16 feet to a point;
thence. North 73' 20' 26" East, 101.99 feet to a point on the.
south right-of-way line of Missouri State Route "K"; thence along
said south line of Missouri State Route.K, North 69' 21' 20"
West, 236.25 feet to a point; thence South 320 03' 06" East,
101.99 feet to a point; thence South 201 38' 40" West, 141.16
feet .to a point on a curve having a radius of 287.0 feet; thence
along said curve to the left a distance of 200.52 feet to a
point; thence South 200 05' 08" West, 25.43 feet; thence South
59' 33' 13" West, 31.10 feet to a point on a curve having a
radius of 310.0 feet and a chord bearing South 44' 46' 36" West;
thence along said curve to the left a distance of 159.90 feet to
a point; thence South 30' 00' 00" West, 226.63 feet;. thence South
71' 52' 03" West, 26.70 feet to a point on a curve having a
radius of 237.0 feet and a chord bearing North 75* 07' 57" West,
thence along said curve to the left a distance of 73.36 feet;
thence North 83' 00' 00" West, 163.69 feet to a point on the east
right-of-way line of Mt. Auburn Road, 70 feet wide; thence along
said east right-of-way line of Mt. Auburn Road; South 6' 00' 00"
West, 74.0 feet to a point; thence South 84' 00' 00" East, 163.69
feet to a point on a curve having a radius of 163.0 feet; thence
along said curve to the right a distance of 39.02 feet to a
point; thence South. 23' 40' 59" East, 29.06 feet to a point on a
curve having a radius of 310.0 feet and a chord bearing South 7'
54' 04 East, thence along said curve to the left a distance of
333.48 feet to a point; thence South 38' 43' 07" East, a distance
of 77.11 feet to a point on a curve having a radius of 360.0 feet
and a chord bearing South 49' 21' 34" East; thence along said
curve to the left a distance of 133.71 feet to a point thence
South 600 00' 00" East, ,172.15 feet to a point on a curve having
a radius of 190.0 feet; thence along said curve to the right a
distance of 137.79 feet to a point, thence South 18' 27' 00"
East, 258.77 feet to a point; thence South 71' 33' 00" West, 30.0
feet to a point; thence South 18' 27' 00" East, 226.81 feet to a
point; thence South 40' 13' 17" West, 279.90 feet to a point on a
curve having a radius of 213.0 feet; thence along said curve to
the right a distance of 116.47 feet to a point; thence South 71'
33' 00" West, 90.16 feet to a point on the east right-of-way line
of Mt. Auburn Road., 70 feet wide; thence along said east right-
of-way line of Mt. Auburn Road South.18' 27' 00" East, 74.0 feet
to a point; thence North 71' 33' 00" East, ,90.16 feet to a point
on a curve having a radius of 287.00 feet; thence along said
curve to the left a distance of 156.93 feet to a point; thence
North 40' 13' 17" East, 315.52 feet to a.point; thence North 78'
02' 49" East,.24.53 feet to a point on a curve having a radius of
210.0 feet; thence along, said curve to the left a distance of
94.83 feet to a point; thence South_90' 00' 00" East, 47.0 feet
to a point; thence South 0' 00' 00" West, 290.0 feet to a point;
thence South 90' 00' 00" East, 393.52.£eet to a point; thence
North 710 32' 39" East, 323.10 feet to'a point; thence North 0'
00' 00 East,.334.01 feet back to the point of beginning and
containing 66.32 acres, more or less.
SECTION 4. Survey and Investigation. The appropriate
officers, employees and agents of the City are hereby. authorized
and directed to conduct a survey and investigation with respect
to the proposed special business district, in accordance with
Section 71.792 of the Special Business District Law for the
purposes, of .determining the nature of and suitablelocationfor
4
business. district improvements,,the approximate cost of acquiring
and improving the land therefore, the area to be included in the
business district or districts, the need for the cost of special
services, and cooperative promotion activities, and the percentage
of the cost of the acquisition, special services, and improvements
in the business district which are to be assessed against the
property within, the business district and that part of the cost,
if any, to be paid by public funds. The costs of the survey and
investigation shall be included as a part of the cost of establishing
the business district. A written report of this survey and
investigation shall be filed in the office of the City Clerk.of
the City and shall be available for public inspection.
SECTION 5. Proposed. Uses of Additional Revenues; Initial
Tax Levy. The additionalrevenue derived from .taxes levied
pursuant to the Special Business District Law will be applied
solely to pay the costs; and expenses incurred in the operation of
the district, the provisions of services, or improvements authorized
in Section 71.796, and incidental to the leasing, construction,
acquisition, and maintenance of any,improvements provided for
under Sections 71.790 to 7.1.808, or for paying principal and
interest on notes or bonds authorized for the construction or
acquisition of any said.improvement. For such purposes, the
district may impose a tax upon the owners of real property within
the district which shall.not exceed eighty-five Cents ($.85) on
the one hundred dollar.($100.00) assessed valuation.
For the purpose of paying for all costs and.expenses incurred
in the operation of the district and the provisions of services
or improvements authorized in Section 71.796, the.district may
impose an additional tax on business and individuals doing business
within the district. If the governing body imposes any business
license taxes such additional taxes shall not exceed.fifty percent
(50%) of the business license taxes. For purposes of the additional
tax to be imposed pursuant to this part, the governing body of
the City may make a reasonable classification of businesses,
giving consideration to various factors.
SECTION 6. Public Hearing. A public hearing shall be held
at the City Hall in Cape Girardeau, Missouri, on September 2,
1981 at 7:30 o'clock P.M., for the purpose of considering the
establishment of a special business district and the construction
or operation of street and sewer improvements and other improvements
in the district. The governing body shall hear all protests and
receive evidence for or against the proposed action; rule upon
all protests which determination shall be final; and may continue
the hearing from time to time as provided, in Section 71.794 0£
the Special Business District Law. Proceedings shall terminate
if protest is made by businesses in the proposed area which pay a
majority of the additional taxes proposed to be levied within the
area.
SECTION 7. Notice of Public Hearing. The City Clerk is
hereby authorized and directed to publish notice of the hearing
on two (2) separate occasions in at least one (1) newspaper of
general circulation not more than fifteen (15) days nor less than
5.
ten (10) days before the hearing. The City Clerk shall also mail
a notice of the hearing by registered or certified United States
mail with a return receipt attached to all owners of record of
real property and licensed businesses located in the proposed
district.
PASSED AND APPROVED THIS �{ DAY OF AUGUST, 1981.
ATTEST:
Verna L. Landis, City Clerk
6.
64,
Howard C. Tooke, Mayor