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HomeMy WebLinkAbout2008-053 - Briarcliff Professional PlazaBILL NO. 2008- 53 ORDINANCE NO.2008-53 AN ORDINANCE DETERMINING THE ADVISABILITY OF THE BRIARCLIFF PROFESSIONAL PLAZA PUBLIC IMPROVEMENT PROJECT AND ORDERING THE ESTABLISHMENT OF THE BRIARCLIFF PROFESSIONAL PLAZA NEIGHBORHOOD IMPROVEMENT DISTRICT AND THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE PROJECT. WHEREAS, a proper petition was filed with the City Clerk of Riverside, Missouri, on April 1, 2008 (the "Petition"), pursuant to the Neighborhood Improvement District Act (the "Act"), Sections 67.453 through 67.475, inclusive, RSMo, as amended, proposing the creation of a 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 Riverside, Missouri, has reviewed the Petition proposing the creation of the District for the purpose of completing the Briarcliff Professional Plaza Public Improvement Project ("Project"); NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. The Board of Aldermen finds and determines that the Petition was signed by the owners of at least two-thirds by area of all real property located within the District. Section 2. The Board of Aldermen finds that the Petition was filed in the office of the City Clerk on April 1, 2008. Section 3. The Board of Aldermen further orders and finds as follows: a. The project name for the improvements described in the Petition shall be "The Briarcliff Professional Plaza Public Improvement Project." b. The nature of the improvements (the "Improvements") is to acquire, construct and improve certain public landscaping, entrance and street improvements. c. The current estimated cost of the Improvements is $275,000, with only $125,000 of such cost being assessment as neighborhood improvement district assessments. Project costs of $125,000. This portion of the final cost of the Project to assessed against the property within the District and the amount of neighborhood improvement district bonds of the City issued therefor shall not exceed such estimated costs by more than 25%. d. The District is generally bounded by on the north by Gateway, on the east by the city limits of Kansas City, Missouri, on the south by Highway 9 and on the west by L- 385 Levee. A legal description of the District is attached as Exhibit A. e. The proposed method of assessment is as follows: the total cost shall be assessed against the property within the district on a per square foot basis, excluding public rights-of--ways. Section 4. The Board of Aldermen finds and determines that the Project is advisable and orders the District to be established for the Project. Section 5. It is deemed that all of the property within the District will be benefitted by the hnprovements. Section 6. The Board of Aldermen orders the plans and specifications for the Project to be prepared and filed with the City Clerk in accordance with the Act. Section 7. This Ordinance shall be effective as of the date of its passage. PASSED and APPROVED this 15th day of April, 2008. i '~ Mayor Kathleen L. Rose (SEAL) ATTEST: J ,,{{ 7:,,. 1~~. ~ k Louise Rusick, Ci'Gy Clerk -2- EXHIBIT A LEGAL DESCRIPTION OF DISTRICT Leal Description as Furnished: Cillc Connnitnx~nt No. MP6=1607: Al l that part of the Southwest Fractional Quarter of Section 3, ~fownship 50 North, Range 33 West, lying South of [hc public road and described as Beginning al a point at the Southwest corner of Section 3. "Township 50 North, Range 33 \~/est; Ihcuce Fast alone, 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 [cet to a point on the South lice oP said public road; thence Northwesterly on a straight line, making a Northwest angle w~ilh the Fast line of Plaile County of 6~ degrees 50 minwcs, a distance of 625.77 feel; thcncc on a curve to the left, having a radius oC 280x.93 I~ei, a dislancc of 234.13 feet; thcncc on a tangent to last described curve, d3, IO lcet to a point in the West line oC said Fractional Quarter Section 3; thence South alone the West line of said Section 3, a distance uC 42333 feet to a point of Beginning, subject to an ease meat of record to Gas Service Company. (Said U~act bcin~~ tJie same n~act as that conveyed by the Cily of Kansas City, Missouri, to F:.H. Young in that certain decd dated February 24, 1971 and recorded in Book 462, Page 631 as bile #4055 and #10100 oC the Platte County Recorder.) EXCL'P'1': l'hat part dcalcd November 4, 2003 as Document No. 30519 in Book 1020 at Pagc 667, and EXCEP"1' that part deeded November 4, 2003 as llocumcnt No. 30830 in Book 1020 at Pagc 668, and F:XCFP"T that part dccdcd November 4, 2003 as Document No. 3 158Ei in Book 1021 at Pagc 432, ro-rccorded February 19, 2004 as Document No. 2991 in Book 1027 at Pad*c 624. i\ND: Lc~~al_Description as Furbished: 1'iile Commitment No. MP67909: iAII that part of the Northwest Fractional Quarter of Section l0, Township 50 North, Range 33 West, lying North oC Missouri State Highway No. 9 and described as Beginning at the Northwest corner of said Section 10 a dislancc of 99 feet more or Icss to the North property line of Missouri State f [ighway No. 9; thence Fast along the said North property line a distance of 121.4 feet to a point of curve; thence Fast along said North property line on a curve to the right having a radius o[ 2989.93 Cect a distance of 7l0 feet more or less to the intersection of the North property line of Nlis.uxui State Highway No. 9 and the boundary line between Clay and Platte Counties, Ntissouri; Ihence North along said C'ounly line 16~ feet more or Iess to the North line oC Section Al 10: thence ~Vesl uloug the North line ul'Section 10 ^ distance of 838 Icet to the point of 13cginninpr. A-J_ NEIGHBORHOOD IMPROVEMENT DISTRICTS TIMELINE DAY EVENT 4/1 Petition or Voter Approval. File with the municipality's clerk a proper petition signed by the owners of record of at least two-thirds by area of all real property located in the proposed district; or 4/15 Advisability Resolution/Ordinance. Governing body adopts resolution or ordinance (with advanced readings) which: (a) determines the advisability of the proposed improvements, (b) establishes the district, and (c) orders preliminary plans and specifications for the proposed improvements. 4/21 (a) Plans and Specifications Prepared. Plans and specifications are prepared and cost estimate revised, if necessary, based on plans and specifications. (b) Plans and Specifications Filed. Plans and specifications are filed with the clerk. 4/29 Resolution/Ordinance. Governing body adopts resolution or ordinance with advanced readings which: (a) orders assessments be made, (b) orders proposed assessment roll be prepared, (c) sets date for public hearing, and (d) orders clerk to give notice of public hearing. 4/30 (a) Proposed Assessment Roll Prepared. Assessor of municipality prepared proposed assessment roll. (b) Proposed Assessment Roll Filed. Assessor of municipality files proposed assessment roll with clerk of municipality. 4/30 (a) Publish Notice. Clerk of municipality shall publish notice of public hearing in newspaper of general circulation at least once, not more than twenty days and not less than ten days before the public hearing. (b) Mail Notice. Clerk of municipality shall mail notice of public hearing and statement of proposed assessment roll to owners of record of property to be assessed. 5/13 (a) Public Hearing. Governing body holds public hearing to hear and pass upon all objections to the proposed improvements and assessments. At the public hearing, the governing body may amend the proposed improvements, and the plans and specifications on the proposed assessments. (b) Approval Ordinance. Governing body introduces and, assuming advanced reading, adopts ordinance ordering that the improvements be made and that financing for the cost of the improvements be obtained. 5/14-? (a) Improvements Constructed. The improvements are constructed. (b) Imposition of Special Assessments. Once the improvements are completed, the governing body must compute the final cost of the improvements and adopt an ordinance or resolution imposing the assessment against the property described in the proposed assessment roll. (c) Notice of Assessment. Clerk of municipality mails notice of assessment to each property owner within the district. 'This time line is dependent upon the scheduling of meetings as set forth above.