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HomeMy WebLinkAbout2008-056 - Briarcliff Professional PlazaBILL NO. 2008 -56 ORDINANCE NO. 2008-56 AN ORDINANCE ORDERING ASSESSMENTS TO BE MADE AGAINST PROPERTY BENEFITED, AN ASSESSMENT ROLL TO BE PREPARED FOR THE BRIARCLIFF PROFESSIONAL PLAZA PUBLIC IMPROVEMENT PROJECT AND A PUBLIC HEARING TO BE HELD AND EXPRESSING THE CITY'S INTENT TO REIMBURSE ITSELF WITH BOND PROCEEDS. WHEREAS, a proper petition (the "Petition') was filed with the City Clerk of Riverside Missouri, on April 1, 2008, pursuant to the Neighborhood Improvement District Act (the "Act"): Sections 67.453 through 67.475, inclusive, RSMo, as amended, proposing the creation of the Briarcliff Professional Plaza Neighborhood Improvement District (the "District "), legally described on the attached Exhibit A , and was signed by the owners of at least two - thirds by area of all real property located within the District; and WHEREAS, the Board of Aldermen of the City of Riverside, Missouri, has by Ordinance No. 2008-53 adopted on April 15, 2008, determined the Briarcliff Professional Plaza Public Improvement Project (the "Project ") to be advisable, established the District and ordered plans and specifications for the Project (the "Plans and Specifications ") to be prepared; and WHEREAS, Plans and Specifications were prepared and filed with the City Clerk on April 23, 2008, together with the estimated cost of the Project in the amount of $275,000; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI: Section I . The Plans and Specifications, including an estimated Project cost of $275,000 (the "Estimated Project Cost "), shall be kept on file in the office of the City Clerk and shall be open for public inspection. Section 2 . It is found that all of the property within the District will be benefitted by the Project improvements and such property shall be assessed based upon the Estimated Project Cost. Section 3 . The Board of Aldermen shall hold a public hearing on the Project and the proposed assessments at 7:00 p.m, on May 20, 2008. Section 4 . The City staff is ordered and instructed to prepare a proposed assessment roll for the Project based on the Estimated Project Cost, the amount to be paid from assessments and the method of assessment described in the Petition. Section 5 . Upon filing of the proposed assessment roll, the City Clerk is ordered and instructed to: (a) cause notice of such public hearing to be published in a newspaper of general circulation in the City at least once not more than twenty (20) days and not less than ten (10) days before the hearing, all in compliance with the Act; and (b) mail notice of such public hearing to each owner of record of property within the District pursuant to the Act. Section 6 . The City desires to express its intent to issue, upon terms and conditions which it will later determine, no more than $156,250 neighborhood improvement district bonds for the Project some or all of the proceeds of which will be used to reimburse the City for the costs of the Project; which bonds will be issued only if the City approves the bond issuance ordinance. Section 7 , This Ordinance shall be in full force and effect as of the date of its passage. PASSED and APPROVED this 29` day of April, 2008. (SEAL) ATTEST: 4 LO' Rusick, City C erk Kathleen L. Rose, Mayor EXHIBIT A LEGAL DESCRIPTION OF DISTRICT Legal Description It Furnished; Title Commitment No. NIP64607: All that part ()('[lie Southwest Fractional Quarter of Section 3, Township 50 North, Range 33 West, lying South of the public road and dcscribed as Beginning at a point at the Southwest corner of Section 3, Township 50 North, Range 33 West; thence East along the South line of Section 3, 828 feet to a point on the line between Platte and Clay Counties, Missouri; thence North along said county line, 87.30 feet to it point on the South line of said public road; thence Northwesterly on it straight line, making it Northwest angle with the Fast line of Platte County of 65 degrees 50 minutes, a distance of 625.77 feet; thence on it curve to the left, having a radios of 2804.93 feet, a distance of 234.13 feet; thence on It tangent to last described carve, 43.10 feet to a point in the West line of said Fractional Quarter Section 3; thence South along the Wcst line of said Section 3, it distance of 423.33 feet to it point of Beginning, subject to an casement of record to Gas Service Company. (Said tact being the same tract as that conveyed by [he City of Kansas City, Missouri, to E.H. YOnnY in that certain decd dated February 24, 1975 and recorded in Book 462, Page 631 its File #45055 and #10100 of the Platte County Recorder.) EXCEPT: That part deeded November 4, 2003 as Document No. 30810 in Book 1020 at Page 667, and EXCEPT that part deeded November 4, 2003 as Document No. 30820 in Book 1020 at Page 668, and f:XCF.P"r that Part deeded November 4, 2003 as Document No. 31586 in Book 1021 at Page 432, re- recorded February 19, 2004 as Document No. 2991 in Book 1027 at Page 624. AND: Leg Description as Furnished; Title Commitment No. MP67909: All that part of the Northwest Fractional Quarter of Section 10, Township 50 North, Range 33 West, lying North of Missouri State Highway No. 9 and described as Beginning at the Northwcst cornet' of said Section 10 it distance of 99 feet more or less to the North property line of Missouri State I lighway No. 9; thence East along the said North property line it distance of 121.4 feet to a Point of curve; thence East along said North property tine on it curve to the right having a radius of 2989.93 feet it distance of 710 feet more or less to the intersection of the Not property line or Missouri State Highway No. 9 and the boundary line between Clay and Platte Counties, Missouri; thence North along said County line 165 feet more or less to the North line of Section A -1