Loading...
HomeMy WebLinkAbout1142 Amendment to City Code Relating to TIF Commission BILL NO. 2012-048 ORDINANCE NO. l�� , AN ORDINANCE AMENDING CITY CODE SECTIONS 140.050, 740.060 and 140.070 RELATING TO THE COMPOSITION OF THE TAX INCREMENT FINANCING COMMISSION WHEREAS, Section 140.050 of the City Code currently provides for the Tax Increment Financing Commission ("TIF Commission") of the City to be composed of nine (9) members; and WHEREAS, amendments to Section 99.820 RSMo. since the enactment of City Code Section 140.050 increased the composition of the TIF Commission to eleven (11) members, granting the county the right to appoint two (2) members when a plan or project is proposed; WHEREAS, the Board of Aldermen find it is in the best interests of the City to amend the City Code to conform to the laws of the State of Missouri as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1— AMENDMENT OF SECTION 140.050 OF THE CITY CODE. Section 140.040 of the Riverside City Code is hereby amended to read as follows: SECTION 140.050: WHOM TO BE MEMBERS The Commission shall be composed of eleven (11) members to be appointed as follows: 1. Six (6) members shall be appointed by the Mayor of the City, with the consent of the Board of Aldermen. 2. Within thirty (30) days after the receipt of notice of a proposed redevelopment area, redevelopment plan or redevelopment project required by Section 99.830, RSMo., two (2) members shall be appointed by the school boards, whose districts are included within such redevelopment plan or redevelopment area. The manner of selection of the members is left to the discretion of the affected districts. 3. Within thirty (30) days after receipt of the mailed notice required by Section 99.830 of the Act, notice of a proposed redevelopment area, redevelopment plan or redevelopment project, one (1) member shall be appointed, in any manner agreed upon by the affected districts, to represent all other districts levying ad valorem taxes within the area selected for a redevelopment plan or redevelopment area, excluding representatives of the Board of Aldermen. 4. Within thirty (30) days after the receipt of notice of a proposed redevelopment area, redevelopment plan or redevelopment project required by Section 99.830, RSMo., two (2) members shall be appointed by the Presiding Commissioner of Platte County, with the consent of inembers of the County Commission. SECTION 2— AMENDMENT OF SECTION 140.060 OF THE CITY CODE. Section 140.060 of the Riverside City Code is hereby amended to read as follows: SECTION 140.060: MEMBERS TERMS The terms of the members shall be as follows: 1. With regard to the term of the first six (6) members appointed by the Mayor with the consent of the Board: a. Two (2) shall be designated to serve for terms of two (2) years; b. Two (2) shall be designated to serve for terms of three (3) years; and c. Two (2) shall be designated to serve terms of four (4) years. Thereafter, members appointed by the Mayor with the consent of the Board shall serve for a term of four (4) years. All vacancies shall be filled for the unexpired terms in the same manner as were the original appointments. 2. The members who are appointed by the school board, county and other taxing districts shall serve on the Commission for a term which coincides with the length of time such redevelopment project, redevelopment plan or the designation of the redevelopment area for which they were appointed is being considered for approval by the Commission. Such term will terminate upon final approval of such redevelopment project, redevelopment plan or designation of the redevelopment area by the Board. SECTION 3— AMENDMENT OF SECTION 140.070 OF THE CITY CODE. Section 140.070 of the Riverside City Code is hereby amended to read as follows: SECTION 740.070: MEMBERS APPOINTED BY TAXING DISTRICTS Those Commission members who are appointed by the school boards, county or other taxing districts shall only be authorized to vote on matters specifically and directly relating to the redevelopment plan, redevelopment project or redevelopment area upon which their affected taxing districts levy ad valorem taxes. SECTION 4— REPEAL OF ORDINANCES IN CONFLICT. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 5— SEVERABILITY CLAUSE. The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this ordinance. 2012-048 Ord TIP Commission AmenAment 2 SECTION 6— EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, passed and approved by a majority of th qoard of Ald en and pproved by the Mayor of the City of Riverside, Missouri, this 1 day of , 2012. . �� Ka leen L. Rose, Mayor ATTEST: �/� �" .p `°�e��,.� dl�-�1 z�Q % Robin Littrell, City Clerk , , ' APPROVE AS TO FORM: r om on, City Attorney 2012-048 Ord TIF Commission Amendmem 3 CITY OF ��RIVERSI �SS��R� Ups[ream from ordinary. DATE: fuly 27, 2012 TO: Mayor and Board of Aldermen FROM: Nancy Thompson, City Attorney RE: TIF Commission Code Amendment Section 140.050 of the City Code provides for the appointment of inembers of the Tax Increment Financing (TIF) Commission by the City, school district, and other taxing jurisdictions. The current code provides for six (6) members appointed by the City, two (2) by the school district and one ( I) by the other taxing jurisdictions, resulting in a nine (9) member commission. The city appointed members serve a four (4) year term, while the school district and taxing jurisdiction representatives only serve a term that coincides with the consideration of a TIF project proposal. Since the original enactment of the city code sections providing for the composition of the TIF Commission, state law was amended to grant the county two (2) dedicated appointments to the City's TIF Commission, resulting in an eleven (I I) member commission. The City is required to conform to state law on matters related to the composition of the TIF Commission. There are no applications pending or proposed at this time; however, it is important to ensure the City Code is compliant in the event of future activity. The proposed bill amends the City Code to add the two (2) additional members required by sute law and modifies two adjoining sections of the City Code to specifically reference the county appointed members. The county representatives will be appointed by the Presiding Commissioner with the approval of the County Commission and will only serve a term that coincides with the consideration of a proposed TiF project. Feel free to contact me in advance of the meeting if you have any questions or would like additional information on the recommended City Code amendment.