HomeMy WebLinkAboutR-2024-138 Authorizing Filing of a Petition for the Horizons Transport Development District RESOLUTION NO. R-2024-138
A RESOLUTION AUTHORIZING THE FILING OF A PETITION TO FOR THE FORMATION OF
THE HORIZONS TRANSPORTATION DEVELOPMENT DISTRICT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI,
AS FOLLOWS:
THAT, the City of Riverside, Missouri, ("City") entered into a Second Amended and
Restated Ground Lease Agreement an Amended and Restated Development Agreement dated
October 3,2024, with Live Nation Entertainment, Inc. ("LNE")dated March 7, 2024, ("Lease")and
the City and LNE amended said development agreement on October 3, 2024, (the"Development
Agreement") to build an amphitheater of not less than a capacity of 15,000 people to be located
generally south of Northwest 39th Street, west of NW Horizons Parkway, north of Interstate 635
and east of the Riverside Quindaro Bend Levee; and
THAT, total costs for the amphitheater, ancillary facilities, and supporting infrastructure is
$119,I30,000 (the "Project"). Private funds will constitute approximately $94,730,000 that, in
addition to the Appropriation and the City providing an additional $5 million for public
infrastructure,will be used to pay Project costs. In addition, the City has previously provided $14.5
million;for land acquisition and fill; and
THAT, the Missouri General Assembly appropriated, and the Governor approved,
$20,000,000 to the Missouri Department of Economic Development ("DED") to provide "grants,
as provided in Section 100.263, RSMo, to fourth class cities in a federally approved levee district
to construct public infrastructure including parking, roadways, lighting, utilities and sidewalks, and
to rem�ediate and improve soil conditions, all to support destination tourism facilities of not less
than capacity of 15,000 people" from the "General Revenue Fund" for State Fiscal Year 2024
(July 1, 2023—June 30, 2024 (House Bill 7, § 7.143) (the "Appropriation").
THAT,the City entered into a Funding Agreement with the Missouri Development Finance
Board on October 14, 2024, (the "MDFB Funding Agreement") to provide for the transfer of the
revenue subject to the Appropriation to the City to pay for the costs of the design and construction
of the Public Infrastructure as provided for in the Development Agreement in which the City and
LNE will contribute $5 million to pay the costs of Public Infrastructure exceeding the revenue
available to the City pursuant to the MDFB Funding Agreement. LNE will be responsible for
providing funds to cover any shortfall in available funds for Public Infrastructure design and
construction costs exceeding the funds available pursuant to the MDFB Funding Agreement and
the additional $10 million in Public Infrastructure costs to be divided between the City and LNE,
on a dollar for dollar basis respectively; and
THAT, the Lease requires the establishment of a Transportation Development District to
contribute to the reimbursement to the City and LNE for their respective contributions to the design
and construction of the public infrastructure; AND
THAT, the City is authorized to file a Petition for the Formation of the Horizons
Transportation Development District in substantially the same form as Exhibit A, attached hereto
and incorporated herein, (the "Petition"); and
FURTHER THAT the Mayor, City Administrator and all other required city officials, and
Special Counsel Joe Bednar of Spencer Fane, LLP, and his designees, are authorized to execute
any other additional documents or take such other actions as are necessary, incidental or
expedient to file the Petition and the authority granted herein.
PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri,
the 17th day of December 2024.
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Kathleen L. Rose, Mayor
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Robin Kncaldd;'qv Clerk
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IN THE CIRCUIT COURT OF PLATTE COUNTY, MISSOURI
SIXTH JUDICIAL CIRCUIT
IN THE MATTER OF: )
)
THE CITY OF RIVERSIDE, MISSOURI )
a Missouri municipal corporation )
) Case No.:
Petitioner, )
)
vs. )
)
THE MISSOURI HIGHWAYS & )
TRANSPORTATION COMMISSION, )
and )
)
PLATTE COUNTY, MISSOURI, )
a county of the first class, )
)
Respondents. )
PETITION FOR FORMATION OF A
TRANSPORTATION DEVELOPMENT DISTRICT
COMES NOW petitioner The City of Riverside,Missouri(Petitioner or the"City"),
by and through their attorneys, and pursuant to the Missouri Transportation Development
District Act (the"Act"), §§ 238.200 through 238.275 of the Revised Statutes of Missouri, as
amended ("RSMo."), petition the Court for the formation, certification and creation of a
transportation development district underr such act for the real property described in this
petition and to be known as the Horizons Corridor Transportation Development District(the
"District") and state as follows:
PARTIES
1. Petitioner is a fourth-class municipal corporation organized and existing in
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good standing under the laws of the state of Missouri with an address of 2950 NW Vivion
Road, Riverside, Missouri 64150.
2. The City is authorized to be a local transportation authority within the
proposed District, as indicated or contemplated under RSMo. § 238.207.4(2).
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 RSMo. § 238.207.4(2).
4. The address of the Commission is 105 W. Capitol Avenue, Jefferson City,
Missouri.
5. The Commission may be served with process by service thereof upon Mari
Ann Winters, its Secretary, at 105 W. Capitol Avenue Jefferson City, Missouri.
6. 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 RSMo. § 238.207.4(2).
JURISDICTION AND VENUE
7. Jurisdiction is proper in this Court pursuant to RSMo. § 238.207.1.
8. Venue is proper in this Court pursuant to RSMo § 238.207.1, in that the
proposed district lies entirely within Platte County, Missouri.
FACTS
9. A map illustrating the boundaries of the District is attached hereto as Exhibit
"A" and is incorporated herein by reference.
10. The specific description of the proposed boundaries of the District is attached
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hereto as Exhibit "B" and is incorporated herein by reference.
11. The general location and description of the improvements that Petitioner
proposes that the District undertake are attached hereto as Exhibit "C" and depicted in
Exhibit"A."
12. The proposed improvements will become part of the street and maintenance
system of the City upon completion.
13. The proposed District is contiguous, and there are no persons eligible to be
registered voters residing within the proposed district.
14. 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.
15. 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.
16. The board of directors of the District(the"Board") shall be comprised of five
(5) members.
17. 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-
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year term, the 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.
18. After the initial terms, all Board members will be elected for three-year
terms.
19. 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.
20. It is intended that the Project will be funded by any method available under
the Act.
21. 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 RSMo. § 238.235, for a period not to exceed 25
years.
22. The estimated project costs and anticipated revenue are attached hereto as
Exhibit "D."
23. Details of the budgeted expenditures, including estimated expenditures for
real physical improvements, estimated land acquisition expenses, estimated expenses for
professional services and estimated interest charges are attached hereto as Exhibit "D."
24. The proposed District shall not be an undue burden on any owner of property
within the District and is not unjust or unreasonable.
25. Petitioner make up the owners of record of all of the real property, except
public streets, located within the District.
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WHEREFORE, Petitioner 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, Project, method of
funding the Project and the District's operations are neither illegal nor
unconstitutional;
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;
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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 RSMo. § 238.235, 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 RSMo. §§ 144.010 through 144.525, within the District for a
period of up to 25 years;
K. Calling and setting the date,time and place for a meeting of all owners
of real property within the District, pursuant to RSMo. § 238.220.2(1), to elect the
initial directors of the District and a chairman and secretary of the meeting to
conduct the election;
L. 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 RSMo. § 238.222.2;
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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 RSMo § 238.216(l)(3);
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 LLP
By
Joseph P. Bednar, Jr. Mo Bar#33921
1000 Walnut, Suite 1400
Kansas City, Missouri 64106-2140
Telephone: 816-292-8157
Facsimile: 816-474-3216
Email: jbnr@spencerfane.com
ATTORNEYS FOR PETITIONERS
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The City of Riverside, Missouri
The undersigned , on behalf of the City of Riverside, Missouri
on this day of , 2024, an owner of property within the proposed
Horizons Transportation Development District hereby petitions for the formation of the
Horizons Transportation Development District set forth above in this Petition for
Formation of a Transportation Development District. The undersigned also acknowledges
that her signature and consent may not be withdrawn for a period of 180 days after this
Petition is signed.
The City of Riverside, Missouri
By:
Kathleen L. Rose, Mayor
STATE OF )
) ss.
COUNTY OF )
On this day of , 2024, before me, a Notary Public in and for said state,
personally appeared who is the on behalf of the
City of Riverside, Missouri known to me to be the person who executed the Petition of for
Formation of a Transportation Development District on behalf of said 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 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 along with secondary roadway
facilities throughout the TDD and the construction of parking and garage facilities within
the District. 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
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EXHIBIT D
ESTIMATED PROJECT COSTS AND ANTICIPATED REVENUE
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