HomeMy WebLinkAbout2011-012 IDA Resolution Form Horizons Corridor Transportation Development District IDA RESOLUTION NO. 2011-012
A RESOLUTION APPROVING AND AUTHORIZING EXECUTION AND FILING OF A
PETITION TO FORM THE HORIZONS CORRIDOR TRANSPORTATION DEVELOPMENT
DISTRICT
WHEREAS, The Industrial Development Authority of the City of Riverside, Missouri
desires to create a transportation development district on property owned by the Authority within
the Horizons Development Area;
NOW THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT the Petition for Formation of a Transportation Development District to establish
the Horizons Corridor Transportation Development District in substantially the same form as
attached hereto as Exhibit "A" is hereby approved;
FURHTER THAT, the President is hereby authorized to execute, deliver and file with
the appropriate authorities the Petition for Formation of a Transportation Development District
to be known as the "Horizons Corridor Transportation Development District" on behalf of The
Industrial Development Authority of the City of Riverside, Missouri, with such changes as are
approved by the officer executing such document, such execution being conclusive proof of
such approval, and the Assistant Secretary is authorized to attest thereto;
FURTHER THAT the President and Assistant Secretary are hereby authorized to
execute such additional documents and take such actions as are necessary or desirable to
effectuate the intent of this Resolution;
PASSED AND ADOPTED by the Industrial Development Authority and APPROVED
by the President of the Industrial Development Authority of the City of Riverside, Missouri, the
day of t ,, 2011.
r
Pamela J. g rat , President
ATT ST:
-93'rall Wagner, Ass' ant Se
Approved as to Form:
j r
N cy o son, City Attorney
1
Filndustrial Development AuthorityWeeting 12122011\IDA Reso 2011-012-Horizons TDD Petition Approval.doex
IN THE CIRCUIT COURT OF PLATTE COUNTY, MISSOURI
SIXTH JUDICIAL CIRCUIT
IN THE MATTER OF: )
THE HORIZONS CORRIDOR )
TRANSPORTATION DEVELOPMENT DISTRICT )
THE INDUSTRIAL DEVELOPMENT AUTHORITY )
OF THE CITY OF RIVERSIDE,MISSOURI )
a Missouri public corporation )
Case No.:
Petitioners, )
VS. )
THE MISSOURI HIGHWAYS & )
TRANSPORTATION COMMISSION, )
and )
PLATTE COUNTY, MISSOURI, )
a county of the first class, )
and )
CITY OF RIVERSIDE, )
a Missouri fourth class city )
Respondents. )
PETITION FOR FORMATION OF A
TRANSPORTATION DEVELOPMENT DISTRICT
COME NOW petitioner The Industrial Development Authority of the City of Riverside,
Missouri ("IDA"), by and through their attorneys, and pursuant to the Missouri Transportation
Development District Act (the "Act'), §§238.200 through 238.280 of the Revised Statutes of
Missouri, as amended ("RSMo"), and petition the Court for the formation, certification and creation
of a transportation development district under such act for the real property described in this petition
and to be known as the Horizons Corridor Transportation Development District(the"District') and
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state as follows:
1. Petitioner The Industrial Development Authority of the City of Riverside,
Missouri is a public corporation organized and existing in good standing under the laws of the
state of Missouri with an address of 2950 NW Vivion Road, Riverside,Missouri 64150.
2. Respondent City of Riverside, Missouri is a fourth class city organized and
existing in good standing under the laws of the state of Missouri with an address of 2950 NW
Vivion Road, Riverside, Missouri 64150. The City may be a local transportation authority
within the proposed District, as indicated or contemplated under §238.207.4(2), RSMo.
3. Respondent Missouri Highways and Transportation Commission (the
"Commission") is the constitutional authority responsible for constructing and maintaining the
Missouri highway system and is a necessary party under §238.207.4(2), RSMo. The address of
the Commission is 105 W. Capitol Avenue, Jefferson City, Missouri. The Commission may be
served with process by service thereof upon Mari Ann Winters, its Secretary, at 105 W. Capitol
Avenue Jefferson City, Missouri.
4, Respondent Platte County, Missouri (the "County"), with an address of 415 3rd
St. Platte City, Missouri 64079, may be an affected local transportation authority within the
proposed District, as indicated or contemplated under §238.207.4(2), RSMo.
5. Jurisdiction is proper in this Court pursuant to §238.207.1,RSMo.
6. Venue is proper in this Court pursuant to §238.207.1, RSMo, in that the proposed
district lies entirely within Platte County,Missouri.
7. There are no persons eligible to be registered voters residing within the proposed
district.
8. The name of the proposed district is the Horizons Corridor Transportation
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Development District.
9. The proposed District is contiguous.
10. A map illustrating the boundaries of the District is attached hereto as Exhibit"A"
and is incorporated herein by reference. The specific description of the proposed boundaries of
the District is attached hereto as Exhibit "B" and is incorporated herein by reference.
11. The general location and description of the improvements that Petitioners propose
that the District undertake are attached hereto as Exhibit "C" and depicted in Exhibit "A."
12. The proposed improvements of the Project upon completion will become part of
the street and maintenance system of the City.
13. Further, (a) this District is sought to be formed pursuant to a petition filed by the
owners of record of all the real property located within the proposed District, (b) this petition
provides that the only funding method for project costs will be a sales tax, (c) all of the real
property located within the proposed District will benefit by the projects to be undertaken by the
district and (d) each parcel within the proposed District is within five miles of every other parcel
of the proposed District.
14. All or portions of the streets that the proposed Project will upgrade are in or
adjacent to the District and, along with the portions of the Project providing infrastructure
improvements within the District, will substantially benefit all of the real property located within
the District.
15. The board of directors of the District (the "Board") shall be comprised of five (5)
members.
16. The terms of office of the initial Board members of the District will be staggered,
the two members receiving the highest number of votes will have an initial three-year term, the
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two members receiving the next highest number of votes will have an initial two-year term, and
the member receiving the fewest votes will have an initial one-year term. After the initial terms,
all Board members will be elected for three-year terms. Each board member shall continue to
serve following the expiration of his tern until such time as his successor has been duly elected
in accordance with the Act.
17. It is intended that the Project will be funded by any method available under the
act.
18. It further is intended that a transportation development district sales taxes be
collected at the rate of up to one percent (1%) on all transactions subject to a retail sales tax
imposed in the District pursuant to §238.235,RSMo, for a period not to exceed 25 years.
19. The proposed District shall not be an undue burden on any owner of property
within the District and is not unjust or unreasonable.
20. Petitioners make up the owners of record of all of the real property, except public
streets, located within the District.
WHEREFORE, Petitioners request that the Court enter a judgment and decree:
a. Finding and certifying that all of the owners of property in the District
have joined in this Petition;
b. Finding and certifying that respondents Missouri Highways and
Transportation Commission, Platte County and the City of Riverside have been duly
served with process in this action;
C. Finding and certifying that the Petition is not legally defective;
d. Finding and certifying that the proposed District and method of funding
the Project and the District's operations are neither illegal nor unconstitutional;
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e. Finding and certifying that the proposed District is not an undue burden on
any owner of real property within the District and is not unjust or unreasonable;
f Finding and certifying that (i) the District is being formed pursuant to a
petition filed by the owners of record of all the real property located within the proposed
District, (ii) that the Project will be funded by any method available under the act,
including but not limited to a sales tax, (iii) that all of the real property located within the
proposed District will benefit by the projects to be undertaken by the District, and (iv)
that each parcel within the proposed district is within five miles of every other parcel of
the proposed District.
g. Finding and certifying that the Horizons Corridor Transportation
Development District is properly, duly and lawfully organized;
h. Declaring the Horizons Corridor Transportation Development District to
be organized, created and existing as a political subdivision of the State of Missouri upon
entry of such judgment;
i. Finding and certifying that no registered voters reside within the District
and that the owners of real property located within the District are the "qualified voters"
pursuant to the Act and, therefore, that any election for the election of a board of
directors of the District and for the imposition of a retail sales tax under and pursuant to
§238.235, RSMo shall be conducted among all property owners within the District;
j. Certifying for qualified voter approval a transportation development
district retail sales tax of up to one percent (1%) on all retail sales subject to taxation
under and pursuant to §§144.010 through 144.525, RSMo,within the District for a period
of up to 25 years;
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k. Calling and setting the date, time and place for a meeting of all owners of
real property within the District, pursuant to §238.220.2(1), RSMo, to elect the initial
directors of the District and a chairman and secretary of the meeting to conduct the
election;
1. Certifying the board of directors election;
in. Calling and setting the date, time and place for the first meeting of the
directors of the Horizons Corridor Transportation Development District, pursuant to
§238.222.2, RSMo;
n. Ordering that the question of whether a sales tax of up to one percent(I%)
should be imposed by the District for a period of up to 25 years be submitted to all
property owners within the District for an election by unanimous petition under and
pursuant to §238.216(1)(3), RSMo;
o. Certifying the results of the retail sales tax election; and
p. Making any additional findings and orders that the Court deems necessary
and proper.
Respectfully submitted,
SPENCER FANE BRITT& BROWNE LLP
By
James W. Grice, Esq.
Missouri Bar No. 41644
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1000 Walnut, Suite 1400
Kansas Village, Missouri 64106-2140
Direct Telephone: 816-292-8157
Direct Telecopier: 816-474-3216
Internet: jgrice@spencerfane.com
ATTORNEYS FOR PETITIONERS
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The Industrial Development Authority of the City of Riverside, Missouri
The undersigned , on behalf of The Industrial Development Authority
of the City of Riverside,Missouri on this day of , 2011, an owner of property
within the proposed Horizons Corridor Transportation Development District hereby petitions for
the formation of the Horizons Corridor Transportation Development District set forth above in
this Unanimous Petition of Property Owners for Formation of a Transportation Development
District. The undersigned also acknowledges that his or her signature and consent may not be
withdrawn for a period of 180 days after this Petition is signed.
The Industrial Development Authority of the
City of Riverside, Missouri
By:
STATE OF 1
ss.
COUNTY OF )
On this _ day of , 2011, before me, a Notary Public in and for said state,
personally appeared who is the on behalf of The
Industrial Development Authority of the City of Riverside, Missouri known to me to be the
person who executed the within Unanimous Petition of Property Owners for Formation of a
Transportation Development District on behalf of said The Industrial Development Authority of
the City of Riverside, Missouri and acknowledged to me that he executed the same for the
purposes therein stated.
Notary Public
Printed Name:
My Commission Expires:
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EXHIBIT A
MAP OF BOUNDARIES
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EXHIBIT B
LEGAL DESCRIPTION OF BOUNDARIES
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EXHIBIT C
DESCRIPTION OF PROJECTS
Horizons Project Description
Petitioner proposes to undertake a project in one or more phases. Generally the Project consists
of the construction of 39th Street West of Horizons Parkway along with secondary roadway
facilities throughout the TDD. The purpose of the project is to upgrade dilapidated and
outmoded roadways which will reduce hazards within the TDD, while improving safety and
access for ingress and egress. Utilities that are within the limits of construction and require
relocation will be included in the project.
Costs include engineering related services, grading, drainage, paving, lighting, signing, traffic
signal construction, pavement markings, curb and gutters, storm sewers, utility relocations,
landscaping, right of way and easements acquisition, maintaining traffic during construction, and
other items incidental to complete construction of the proposed facilities. The total projected
cost is estimated at$1,250,000.
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