HomeMy WebLinkAbout2011-12-12 IDA PacketTHE INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE CITY OF RIVERSIDE, MISSOURI
Board of Directors
Notice of Meeting
Notice is hereby given that the Board of Directors of The Industrial Development Authority of
the City of Riverside, Missouri will conduct a meeting at 6:00 p.m. on Monday, December 12, 2011, at
the City Hall of Riverside, 2950 NW Vivion Road, Riverside, Missouri 64150.
The tentative agenda of this meeting includes:
1. OPENING
2. ROLL CALL
3. APPROVAL OF MINUTES OF MEETINGS: November 17, 2011
4. NEW BUSINESS
A. RESOLUTION 2011-011: A Resolution Approving and Authorizing Execution and
Filing of a Petition to Establish the Horizons Community Improvement District.
B. RESOLUTION 2011-012: A Resolution Approving and Authorizing Execution and
Filind of a Petition to Establish the Horizons Transporations Development District
5. ADJOURNMENT
Posted by:
Date:
Time:
MINUTES
REGULAR MEETING
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
Thursday, November 17, 2011
6:00 p.m.
The Industrial Development Authority of the City of Riverside, Missouri, met in regular session at City Hall,
2950 NW Vivion Road, Riverside, Missouri.
President Pam Darata called the meeting to order at 6:01 p.m. Answering roll call were Pam Darata, Wayne
Snyder, Harold Snoderley, Leland Finley and Cy Houston. Also present: Nancy Thompson, City Attorney and
Sarah Wagner Community Development.
Approval of Minutes from Wayne Snyder moved to approve the minutes from September 19, 2011.
September 19, 2011
Resolution 2011-010:
A resolution authorizing the
sale and transfer of certain
property to the City of
Riverside, Missouri; directing
UMB Bank, as trustee, to
release such property from the
Deed of Trust; and
authorizing other actions in
connection therewith.
Adjournment
Cy Houston seconded and the motion passed 5-0.
Nancy Thompson introduced Resolution 2011-010: A resolution
authorizing the sale and transfer of certain property to the City of
Riverside, Missouri; directing UMB Bank, as trustee, to release such
property from the Deed of Trust; and authorizing other actions in
connection therewith.
Harold Snoderley moved to approve Resolution 2011-010, seconded by
Wayne Snyder. The motion passed 5-0.
Wayne Snyder moved to adjourn the meeting, seconded by Cy Houston.
The motion passes 5-0 and the meeting was adjourned at 6:14 p.m.
COMMUNITY IMPROVEMENT DISTRICTS (CID)
[§§ 67.1401-67.1475 RSMo]
What is the purpose of a community improvement district?
A community improvement district ("CID") may be created for the purpose of financing a wide range of public
facilities, improvements or services within a municipality. A CID is either a separate political subdivision with
the power to impose a sales tax, a special assessment or a real property tax, or a nonprofit corporation with the
power to impose special assessments.
What types of projects may be financed by a CID?
A CID may fund public facilities or improvements within its boundaries, including the following:
1. Pedestrian or shopping malls and plazas.
2. Parks, lawns, trees and any other landscape.
3. Convention centers, arenas, aquariums, aviaries and meeting facilities.
4. Sidewalks, streets, alleys, bridges, ramps tunnels, overpasses and underpasses, traffic signs and
signals, utilities, drainage, water, storm and sewer systems and other site improvements.
5. Parking lots, garages or other facilities.
6. Lakes, dams and waterways.
7. Streetscape, lighting, benches or other seating furniture, trash receptacles, marquees, awnings,
canopies, walls and barriers.
8. Telephone and information booths, bus stop and other shelters, rest rooms and kiosks.
9. Paintings, murals, display cases, sculptures and fountains.
10. Music, news and child-care facilities.
11. Any other useful, necessary or desired improvement.
A CID may also provide a variety of public services within its boundaries, including the following:
1. With the municipality's consent, prohibiting or restricting vehicular and pedestrian traffic and
vendors on streets.
2. Operating or contracting for the provision of music, news, child-care or parking facilities, and buses,
mini -buses or other modes of transportation.
3. Leasing space for sidewalk cafe tables and chairs.
4. Providing or contracting for the provision of security personnel, equipment or facilities for the
protection of property and persons.
5. Providing or contracting for cleaning, maintenance and other services to public and private property.
6. Promoting tourism, recreational or cultural activities or special events.
7. Promoting business activity, development and retention.
8. Providing refuse collection and disposal services.
9. Contracting for or conducting economic, planning, marketing or other studies.
A CID may also demolish, renovate or rehabilitate any building or structure, if the area has been found
blighted and the governing body of the municipality has determined that such action is reasonably anticipated
to remediate the blighting conditions and will serve a public purpose.
How is a CID created?
A CID is created by filing with the municipality where the proposed district will be located a petition signed by
property owners that (1) collectively own at least 50% of the assessed value of the real property within the
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proposed district and (2) are more than 50% per capita of all owners of real property within the proposed district.
The petition must include a five-year plan that describes the purposes of the proposed district, the services it
will provide, the improvements it will make and an estimate of the costs of the project.
Once the petition is filed, the governing body of the municipality shall hold a public hearing and may approve
the creation of the proposed district by ordinance.
How does a CID finance a project?
A CID may be created as either a political subdivision or a nonprofit corporation. Once created, a CID that is
created as a nonprofit corporation can finance the costs of a project through the imposition of special
assessments for those improvements that specifically benefit the properties within the district. A CID that is
created as a political subdivision can finance the costs of a project through the imposition of (1) special
assessments for those improvements that specifically benefit the properties within the district; (2) property
taxes; or (3) a sales tax up to a maximum of 1%. Either type of CID may finance the costs of a project through
the imposition of fees, rents and charges for district property or services or grants, gifts and donations.
A CID may also issue bonds, notes and other obligations and may secure any of such obligations by mortgage,
pledge, assignment or deed of trust of any or all of the property and income of the district. However, the bonds
or other obligations of a CID that is created as a nonprofit corporation will not be tax-exempt.
How is a CID different from a TDD?
A transportation development district (a "TDD") can only finance transportation -related improvements, while
a CID can finance a wide -array of public improvements and services. A TDD can finance improvements that
benefit the property within its boundaries; a CID generally cannot spend money on projects outside of its
boundaries. TDD bonds can have a 40 -year maturity, while CID bonds are limited to 20 years.
A TDD property tax cannot exceed $0.10; there is no limit on the CID property tax.
Who can I contact for additional information?
Missouri Department of Economic Development
Business and Community Services Finance
301 West High Street, Room 770
P.O. Box 118
Jefferson City, Missouri 65102
Phone: 573-522-8004
Fax: 573-522-9462
E-mail: dedfin@ded.mo.gov
September 2006 -37-
BEFORE THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI
IN THE MATTER OF:
HORIZONS COMMUNITY IMPROVEMENT
DISTRICT
PETITION TO ESTABLISH THE
HORIZONS COMMUNITY IMPROVEMENT DISTRICT
TO: MS.
CLERK OF THE CITY OF RIVERSIDE, MISSOURI
This petition ("Petition") is submitted pursuant to the Community Improvement District Act,
Sections 67.1401 to 67.1571 of the Revised Statutes of Missouri (the "Act"), by the property owners, or
their authorized representative, whose signature appears below (the "Petitioners") to establish the South
63 Corridor Community Improvement District (the "District") in the City of Riverside, Missouri (the
"City").
I. Description Of The District
A. Legal Description
1. The District includes all of the real property within the area legally
described on Exhibit A, attached to and incorporated by reference in this Petition.
B. Boundary Map
1. A map illustrating the boundaries of the District is attached as Exhibit B,
attached to and incorporated by reference in this Petition.
C. Petitioners
1. Petitioners represent: (1) more than fifty percent (50%) per capita of all
owners of real property within the boundaries of the District; and (2) property owners
collectively owning parcels representing more than fifty percent (50%) of the total
assessed value of real property within the boundaries of the District.
II. Five Year Service Plan
A. Purposes of the District
1. The District will fund public improvements, provide services, impose a
sales tax, incur obligations, and fund its administration.
Petition to Establish
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District
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B. District Improvements
1. The District may construct, or cause to be constructed, storm water
management and related infrastructure improvements within the District and for the
benefit of the District, as authorized pursuant to the Act.
C. Services
1. The District may provide for the upkeep and maintenance of the
District's storm water management improvements, as funds are available and as
authorized pursuant to the Act.
D. Administrative Activities
1. The District will provide for the District administrative activities
including but not limited to accounting, and legal services as well as providing insurance
all for the benefit of the District, as the Board deems necessary or desirable, and as
authorized pursuant to the Act.
E. Estimated Costs and Budget
1. The estimated costs of administration, services and district improvements
to be incurred by the District, during its first five years, and the District's five-year
budget are shown on Exhibit C to this petition.
2. In addition to the estimated costs shown in Exhibit C, the District may,
by resolution, reimburse any party or parties for costs incurred prior to formation of the
District in furtherance of formation of the District or in furtherance of any District
purposes or services.
F. Plan of Finance
1. The District may issue bonds or other obligations ("Obligations") to
finance the costs of the District Improvements, other costs to be incurred by the District
for the benefit of the District, costs of issuance, capitalized interest, and debt service
reserve fund(s).
2. The District may finance the costs of the Services and Administrative
Activities on a pay as you go basis to the extent revenue is available.
G. Revenue Measures
1. Sales Tax. Pursuant to § 67.1545 of the Act, the District shall have the
power and authority, upon approval by the qualified voters, to impose a sales tax at a rate
not to exceed one (1) percent as may be approved by the qualified voters.
2. Property Tax. The District shall the power and authority to submit to the
qualified voters of the District for approval or to impose a property tax.
3. Special Assessments. The District shall have the power to impose special
assessments.
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District
2
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4. Business License Taxes. The District shall have the power and authority
to submit to the qualified voters of the District for approval or to impose a business
license tax.
5. Other Tax/Assessment Measures. The District shall have the power and
authority to impose any tax, license or assessment allowable under the Act.
III. Governance of District
A. Type of District
1. The District shall be a separate political subdivision governed by a board
of directors (the "Board of Directors") appointed by the Mayor of the City with the
consent of a majority of the Board of Aldermen of the City in accordance with
§67.1451.5 of the Act. The District shall have all of the powers granted to and/or
exercisable by a community improvement district pursuant to the Act, except as
otherwise expressly limited by this Petition.
B. Board of Directors
1. Number
a. The District shall be governed by a Board of Directors consisting
of five (5) directors.
2. Qualifications
a. Each Director, during his or her term, shall meet the following
requirements:
(i)
be at least 18 years of age; and
(ii) either be (i) a fee owner of real property within the
District or a legally authorized representative thereof (an "Owner"); or
(ii) an owner or legally authorized representative of a business
organization or other entity operating within the District (an
"Operator"); or a registered voter residing within the District (a
"Resident") as provided in the Act; and
(iii) be a citizen of the State of Missouri for not less than one
year prior to taking office.
3. Initial Board Members and Terms
The initial directors constituting the board of directors and the term of
each initial director will be as follows:
a.
b.
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District
3
for a term of four years;
for a term of four years;
WA 3176863.1
c. for a term of two years;
d. for a term of two years;
e. for a term of two years;
or until their respective successors are selected in accordance with the
Act.
4. Terms; Successor Directors
The initial Directors shall serve for the terms set out opposite their names set
forth above in this Petition or until their successors are appointed in accordance
with the Act and this Petition. Their successors shall be appointed to serve four-
year terms. In the event of a vacancy on the Board of Directors, the remaining
directors shall elect an interim Director to fill the vacancy for the unexpired term
in accordance with the Act and this Petition. All successor Directors and any
interim Director shall meet the qualifications of Section III.B.2 of this Petition
and of §67.1451.2 of the Act.
IV. Assessed value
A. The total assessed value of all of the real property within the District is
V. Blight Determination
A. The Petitioners are seeking a determination that the District, or any legally
described portion thereof, is a blighted area. A blight study is attached as Exhibit D.
VI. Life of District
A. The District shall exist for twenty five (25) years.
VII. Request to Establish District
A. By execution and submission of this Petition, the Petitioners request that the
Board of Aldermen hold a public hearing in accordance with §67.1421 of the Act and adopt an
ordinance to establish the District as set out in this Petition and in accordance with the Act and
this Petition.
VIII. Notice to Petitioner
A. The signature of Petitioners signing this Petition may not be withdrawn later than
seven (7) days after this Petition is filed with the Clerk of the City.
IX. Severability; Conflicts
A. If any provision of this Petition shall be held or determined to be invalid,
inoperative or unenforceable as applied in any particular case, or in all cases, because it conflicts
Petition to Establish
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District
4
WA 3176863.1
with any other provision or provisions of this Petition or for any other reason, such circumstances
shall not have the effect of rendering the provision in question inoperative or unenforceable in
any other case or circumstance, or of rendering any other provision contained in this Petition
invalid, inoperative or unenforceable to any extent whatsoever. Except where such provision is
expressly required by the Act, if any provision of this Petition shall be in conflict with any
provision of the Development Agreement, the provision of the Development Agreement shall
govern and this Petition shall be deemed amended accordingly.
Petition to Establish
Horizons Community Improvement
District
5
WA 3176863.1
SIGNATURE PAGE FOR
PETITION TO ESTABLISH THE
HORIZONS COMMUNITY IMPROVEMENT DISTRICT
The undersigned requests that the Board of Aldermen of Riverside, Missouri establish the
Horizons Community Improvement District according to the preceding Petition and authorize the creation
of the District.
Name of Owner: The Industrial Development Authority of the City of
Riverside, Missouri
Owner's Telephone Number:
Owner's Mailing Address: 2950 NW Vivion Road
Riverside, Missouri 64105
Name of Signer:
State Basis of Legal Authority to Sign: President
Signer's Telephone Number:
Signer's Mailing Address:
Entity Type: Public Corporation
The map number and assessed value
of the properties owned:
Map Number:
Parcel Number:
Assessed Value:
Petition to Establish
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District
6
WA 3176863.1
By executing this Petition, the undersigned represents and warrants that such person has received
a copy of this Petition and its exhibits, has read this Petition and its exhibits, is authorized to execute this
Petition on behalf of the property owner named immediately above, and authorizes this signature page to
be attached to the original of this Petition to be filed in the Office of the City Clerk of the City of
Riverside, Missouri. The undersigned also acknowledges that the signature may not be withdrawn later
than seven (7) days after this Petition is filed with the City Clerk.
The Industrial Development Authority of the Date
City of Riverside, Missouri
STATE OF MISSOURI )
COUNTY OF )
ss.
Acknowledgement
Before me personally appeared , to me personally known to be the individual
described in and who executed the foregoing Petition.
WITNESS my hand and official seal this day of , 2011.
Notary Public
Printed Name:
My Commission Expires:
Petition to Establish
Horizons Community Improvement
District
WA 3176863.1
EXHIBIT A
PETITION TO ESTABLISH THE
HORIZONS COMMUNITY IMPROVEMENT DISTRICT
DISTRICT BOUNDARY LEGAL DESCRIPTION
Petition to Establish
Horizons Community Improvement
District
WA 3176863.1
EXHIBIT B
PETITION TO ESTABLISH THE
HORIZONS COMMUNITY IMPROVEMENT DISTRICT
BOUNDARY MAP
Petition to Establish
Horizons Community Improvement
District
9
WA 3176863.1
EXHIBIT C
PETITION TO ESTABLISH THE
HORIZONS COMMUNITY IMPROVEMENT DISTRICT
IMPROVEMENT COSTS TO BE UNDERTAKEN
Horizons Community Improvement District
Five -Year Costs of Services Estimate
Budget
Estimated Revenues in First Five Years $228,000
TOTAL REVENUES $228,000
Expenditures in First Five Years
Cost of Formation & Tax Levy $30,000
Revenues Pledged to District Improvements &
Services $168,000
Administrative
Legal $10,000
Insurance $10,000
Accounting $10,000
TOTAL EXPENDITURES $228,000
Petition to Establish
Horizons Community Improvement
District
10
WA 3176863.1
IDA RESOLUTION NO. 2011-011
A RESOLUTION APPROVING AND AUTHORIZING EXECUTION AND FILING OF A
PETITION TO ESTABLISH THE HORIZONS COMMUNITY IMPROVEMENT DISTRICT
WHEREAS, The Industrial Development Authority of the City of Riverside, Missouri
desires to create a community improvement 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 to Establish the Horizons Community Improvement 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 to Establish the Horizons Community Improvement
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 , 2011.
ATTEST:
Sarah Wagner, Assistant Secretary
Pamela J. Darata, President
Approved as to Form:
Nancy Thompson, City Attorney
F:\Industrial Development Authority\Meeting 12122011\IDA Reso 2011-011 - Horizons CID Petition Approval.docx
TRANSPORTATION DEVELOPMENT DISTRICTS (TDD)
[§§ 238.200-238.275 RSMo]
What is the purpose of a transportation development district?
A transportation development district ("TDD") is a separate political subdivision that may be created to fund,
promote, plan, design, construct, improve, maintain and operate one or more transportation -related projects or
to assist in such activity.
What types of projects may be financed by a TDD?
A TDD can finance any transportation -related improvement, including any bridge, street, road, highway,
access road, interchange, intersection, signing, signalization, parking lot, bus stop, station, garage, terminal,
hangar, shelter, rest area, dock, wharf, lake or river port, airport, railroad, light rail, or other mass transit and
any similar or related improvement or infrastructure. However, before construction or funding of any project, a
TDD is required to submit the proposed project, together with the proposed plans and specifications, to the
Missouri Highways and Transportation Commission and/or the local transportation authority for their prior
approval. A "local transportation authority" is a county, city, town, village, county highway commission,
special road district, interstate compact agency, or any local public authority or political subdivision having
jurisdiction over any bridge, street, highway, dock, wharf, ferry, lake or river port, airport, railroad, light rail or
other transit improvement or service.
How is a TDD created?
A TDD may be created by petition of (I) at least fifty registered voters within the proposed district, (2) if there
are no registered voters within the district, the owners of all of the real property located within the proposed
district or (3) the goveming body of any local transportation authority in which a proposed project may be
located. In addition, two or more local transportation authorities may adopt resolutions calling for the joint
establishment of a district and then file a petition requesting its creation. In all cases, the petition is filed in the
circuit court of the county in which the proposed project is to be located.
Once the petition is filed, the circuit court will certify the petition for voter approval by the qualified voters
within the boundaries of the proposed district. A "qualified voter" means (I) any registered voter residing
within the proposed district or (2) if no persons eligible to be registered voters reside within the proposed
district, the owners of real property located within the proposed district.
How does a TDD finance a project?
Once created, a TDD can finance the costs of a project through the imposition of (1) special assessments for
those improvements that specifically benefit the properties within the district; (2) a property tax in an amount
not to exceed $0.10 per $100 of assessed valuation; (3) a sales tax up to a maximum of one percent; or (4) tolls
and fees for use of the project. A TDD may also issue bonds, notes and other obligations and may secure its
obligations by mortgage, pledge, assignment or deed of trust of any or all of the property and income of the
district.
How is a TDD different from a CID?
A transportation development district (a "TDD") can only finance transportation -related improvements, while
a CID can finance a wide -array of public improvements and services. A TDD can fmance improvements that
benefit the property within its boundaries; a CID generally cannot spend money on projects outside of its
September 2006 -38-
boundaries. TDD bonds can have a 40 -year maturity, while CID bonds are limited to 20 years.
A TDD property tax cannot exceed $0.10; there is no limit on the CID property tax.
Who can I contact for additional information?
Missouri Department of Transportation
Central Office
1511 Missouri Boulevard
P.O. Box 718
Jefferson City, Missouri 65102
Phone: 573-526-8106
Fax: 573-526-2819
E-mail: Mark.Mehmert@modot.mo.gov
September2006 -39-
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 )
)
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. )
Case No.:
)
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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12/8/2011 1
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 term 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;
WA 3177009.1
12/8/2011 5
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;
m. 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 (1%)
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.
and proper.
Making any additional findings and orders that the Court deems necessary
Respectfully submitted,
SPENCER FANE BRITT & BROWNE LLP
By
James W. Grice, Esq.
Missouri Bar No. 41644
WA 3177009.1
12/8/2011 6
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
12/8/2011 7
WA 3177009.1
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 )
) 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.
Printed Name:
My Commission Expires:
12/8/2011 8
Notary Public
WA 3177009.1
EXHIBIT A
MAP OF BOUNDARIES
WA 3177009.1
12/8/2011 9
12/8/2011
EXHIBIT B
LEGAL DESCRIPTION OF BOUNDARIES
10
WA 3177009.1
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.
12/8/2011
11
WA 3177009.1
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 , 2011.
ATTEST:
Sarah Wagner, Assistant Secretary
Pamela J. Darata, President
Approved as to Form:
Nancy Thompson, City Attorney
F:\Industrial Development Authority\Meeting 12122011\IDA Reso 2011-012- Horizons TDD Petition Approval.docx