HomeMy WebLinkAbout2009-088 - Briarcliff Prof PlazaBILL N0.2009-88
ORDINANCE N0.2009-88
AN ORDINANCE ASSESSING THE FINAL COST OF THE
IMPROVEMENTS FOR THE BRIARCLIFF PROFESSIONAL PLAZA
NEIGHBORHOOD IMPROVEMENT DISTRICT; DIRECTING THE
FINANCE OFFICER TO COMPUTE AND THE CITY CLERK TO MAIL
NOTICE OF SUCH COST ASSESSED AGAINST THE PARCELS OF
PROPERTY DESCRIBED IN THE ASSESSMENT ROLL; AND
AUTHORIZING ANY FURTHER ACTIONS NECESSARY IN CONNECTION
THEREWITH.
WHEREAS, the City of Riverside, Missouri (the "City), is a municipal corporation and
political subdivision of the State of Missouri (the "State"), duly created, organized and existing
under and by virtue of the Constitution and laws of the State;
WHEREAS, a proper petition (the "Petition") was filed with the City Clerk of the City of
Riverside, Missouri on April 1, 2008, pursuant to the Neighborhood Improvement District Act (the
"Act's, Sections 67.453 through 67.475, inclusive, RSMo, as amended, proposing the creation of
the Briarcliff Professional Plaza Neighborhood Improvement District (the "District") within the
City to acquire, construct and improve certain public landscaping, entrance and street
improvements (the "Improvements', with the final cost of the Irprovements to be assessed
against the benefited property based on square foot basis, excluding public rights-of--ways;
WHEREAS, the final cost of the Improvements which is assessed against the property
within the District, costs relating to the District and the amount of neighborhood improvement
district obligations issued therefor may not exceed the estimated cost of constructing the
Improvements by more than twenty-five percent (25%), as stated in the Petition and as limited by
the Act;
WHEREAS, it has been certified by the City Clerk, after an examination of the records in
her office, that the Petition requesting the creation of the District was signed by the owners of
record of at least two-thirds (2/3rds) by area of all real property located within the proposed
District;
WHEREAS, pursuant to an Ordinance adopted by the City on April 15, 2008, the City
determined that it was advisable to create the District for the purpose of providing funds to pay the
cost of improving, constructing and acquiring the Improvements;
WHEREAS, the construction of the Improvements has been completed in accordance with
the plans and specifications therefor; and
WHEREAS, all legal requirements pertaining to the Improvements have been complied
with, a public hearing has been held pursuant to Section 67.463, RSMo, and any amendments
thereto, and the Boazd of Aldermen of the City of Riverside, Missouri has found and deternned
Page 1 of 3
that the benefit of the Improvements to each pazcel of property within the District exceeds the cost
of the Improvements that is to be assessed against each such parcel of property, and that such
assessment will result in imposing substantially equal burdens of such cost upon each of the
parcels of property within the District which are similazly benefited.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
Section 1. It is found and detemuned that the Improvements have been completed in
accordance with the plans and specifications therefore; that the final cost of the Improvements,
including all costs authorized by the Act, is $150,000, that such final costs do not exceed the
estimated cost of constructing the Improvements, plus not to exceed twenty-five percent (25%) of
such amount as previously approved by the Boazd of Aldermen, that the benefit of the construction
of the Improvements to each pazcel of property within the District exceeds the cost of constructing
the Improvements that is to be assessed against each such parcel of property, and that such
assessment will result in imposing substantially equal burdens of such cost upon each of the
parcels of property within the District which are similazly benefited.
Section 2. The Finance Officer, on behalf of the City, is authorized and directed to
compute the final cost of improving, constructing and acquiring the Improvements together with
all other costs authorized by the Act and to apportion such costs among each of the pazcels of
property benefited by the Improvements in accordance with the method set out in the Petition
requesting the creation of the District. Such method is found and detemuned to be an equitable
method of apportioning the costs among each of the pazcels of property benefited by such
Improvements as authorized by Section 67.463.2, RSMo, as amended.
Section 3. The assessments set forth in the final assessment roll attached as Exhibit A aze
hereby assessed and shall be due and payable, and shall bear interest from and a$er the Payment in
Full Date as set forth herein. The City Clerk is authorized and directed to give written notice by
first class mail to the owner of record of each pazcel of property within the District (a) of the dollaz
amount of the assessment against such parcel of property and, (b) that said assessment maybe paid
in full within twenty-one (21) days of the date of such notice ("Payment in Full Date'. Said
written notice shall be in substantially the form attached hereto as Exhibit B. The City Clerk may
add such other information to such written notice as may be helpfixl to the property owners.
Section 4. The Finance Officer shall certify for a period of twenty (20) years, all of the
assessments that have not been paid in full by the Payment in Full Date, together with interest
thereon at the rate of five percent (5%) per annum; and such amounts so certified shall be placed
on the tax rolls and levied and collected in the same manner as property taxes of the City would be
levied and collected if the City imposed a property tax. The assessment and levy for each pazcel of
property for each yeaz shall include one (1) year's interest at such rate set forth above, the City's
administrative fee, any County fees, and the principal amount of the assessment due, all calculated
by the method of assessment approved by the Board.
Page 2 of 3
Section 5. The special assessments made for the Improvements pursuant to the actions
duly taken by the City, including this Ordinance, shall be a lien upon each of the parcels of
property assessed on behalf of the City to the same extent as a tax upon real property.
Section 6. This Ordinance shall take effect and be in full force from and after its adoption.
PASSED and APPROVED this ~ of August, 2009.
[SEAL]
ATTEST,
~~
Louise Rusick, City Cleik
Kathleen L. Rose, Mayor
Page 3 of 3
EXHIBIT A TO ASSESSMENT ROLL
LEGAL DESCRIPTION OF GREENSIDE INVESTMENTS LLC PROPERTY
All that part of the Southwest Fractional Quarter of Section 3, Township 50 North, Range 33 West,
lying South of the public road and described as Beginning at a point at the Southwest comer 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 betwcen Platte and Clay Counties, Missouri; thence North along said
county line, 87.30 fcet to a point on the South line of said public road; thence Northwesterly on a
straight line, making a Northwest angle with the East line of Platte County of 65 degrees 50 minutes,
a distance 625.77 feet; thence on a curve to the left, having a radius of 2804.93 feet, a distance of
234.13 feet; thence on a tangent to the last described curve, 43.10 feet to a point in the West line of
said Fractional Quarter Section 3; thence South along the West line of said Section 3, a distance of
423.33 feet to a point of Beginning, subject to an easement of record to Gas Service Company. (Said
tract being the same tract as that conveyed by the City of Kansas City, Missouri, to E.H. Young in
that certain deed dated February 24, 1975 and recorded in Book 462, Page 631 as File #45055 and
#10100 of the Platte County Recorder.)
EXCEPT:
That part deeded November 4, 2003 as Document No. 30819 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
EXCEPT 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:
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 Northwest comer of
said Section 10 a distance of 99 feet more or less to the North property line of Missouri State
Highway No. 9; thence East along the said North property line a distance of 12].4 feet to a point of
curve; thence East along said North property line on a curve to the right having a radius of 2989.93
feet a distance 710 feet more or less to the intersection of the North property line of 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 10; thence West along the
North line of Section l0 a distance 828 feet to the point of Beginning.
ALSO EXCEPTING:
Unit 1, Building A, REPEAT OF UNIT 1, BUILDING A AND UNITS 1, 3, AND 4, BUILDING B
OF BRIARCLIFF PROFESSIONAL PLAZA OFFICE CONDOMINIUM, a condominium
subdivision in the City of Riverside, Platte County, Missouri, according to the recorded plat thereof;
Unit 4, Building B, BRIARCLIFF PROFESSIONAL PLAZA OFFICE CONDOMBJIUM, a
condominium subdivision in the City of Riverside, Platte County, Missouri, according to the
recorded plat thereof; Unit 3, Building A, of the Replat of Unit 2, Building A, of BRIARCLIFF
PROFESSIONAL PLAZA OFFICE CONDOMINIUM being a part of the Replat of Unit 1, Building
A, BRIARCLIFF PROFESSIONAL PLAZA OFFICE CONDOMINIUM, a condominium
subdivision in the City of Riverside, Platte County, Missouri, according to the recorded plat thereof,
as amended; and Unit Z, Building B, BRIARCLIFF PROFESSIONAL PLAZA OFFICE
CONDOMINIUM, a condominium subdivision in the City of Riverside, Platte County, Missouri,
according to the recorded plat thereof.
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EXHIBIT B
NOTICE OF ASSESSMENT
BRIARCLIFF PROFESSIONAL PLAZA
NEIGHBORHOOD IMPROVEMENT DISTRICT
Names(s) and Address of
Pro ert Owners Description of Property Amount of Total Assessment
As the owner(s) of record of the parcel of property described above in the Briazcliff
Professional Plaza Neighborhood Improvement District (the "District"), you are hereby notified
that the City has confirmed the final cost of the Briazcliff Professional Plaza Public Improvement
Project (the "Improvements"), and the appropriate portion thereof has been assessed against your
pazcel of property.
You may pay this assessment in full to the Finance Officer, City Hall, 2950 NW Vivion
Road, Riverside, Missouri 64150, at any time during business hours within twenty-one (21) days
from the date of this Notice. The full amount is due no later than , 2009.
If the full amount is not paid within that period of time, the amount of the assessment shall
be paid in twenty annual installments together with interest and annual fees thereon in the same
manner as taxes of the County are collected as provided by law and ordinances of the City.
Dated: , 2009
[SEAL]
City Clerk