HomeMy WebLinkAbout1997-01-01 TIF Commission ResolutionRESOLUTION NO. 97-Ol-Ol
RESOLUTION OF THE TAX INCREMENT FINANCING COMMISSION OF
RIVERSIDE, MISSOURI AMENDING THE L-385 LEVEE REDEVELOPMENT PLAN
(THE "PLAN") TO CHANGE DEFINED TERMS RELATING TO THE PLAN
WHEREAS, the Commission was created pursuant to Ordinance No. 95-64, adopted by
the Board of Aldermen of Riverside, Missouri (the "Board of Aldermen") on September 12,
1995;
WHEREAS, the Real Property Tax Increment Allocation Redevelopment Act, Sections
99.800 to 99.865 of the Revised Statutes of Missouri, 1986, as amended (the "Act"), requires
the Commission to: (a) hold hearings with respect to proposed redevelopment areas,
redevelopment plans and redevelopment projects; (b) vote on the approval of the same; and (c)
make its recommendations on the same to the Board of Aldermen;
WHEREAS, the Commission, by Resolution No. 96-06-01, passed on June 27, 1996,
classified the Redevelopment Area (as defined in the Plan) as a "blighted area" and designated
it as a redevelopment area under the Act; approved the Plan, the Redevelopment Project I and
the Redevelopment Project I Area; adopted tax increment financing for the Redevelopment
Project I Area; and expressed its recommendation to the Board of Aldermen with respect to the
same; and
WHEREAS, the Board of Aldermen, by Ordinance No. 96-72, passed on July 16, 1996,
classified the Redevelopment Area as a "blighted area" and designated it as a redevelopment area
under the Act; approved the Plan, the Redevelopment Project I and the Redevelopment Project
I Area; and adopted tax increment financing for the Redevelopment Project I Area; which
designation provides for the approval of individual projects on aproject-by-project basis; and
NOW, THEREFORE, BE IT RESOLVED by the Tax Increment Financing Commission
of Riverside, Missouri:
1. To clarify that the Argosy Project is the first phase of the Levee Project, the
Commission approves the amendment of the Plan to redefine the Argosy Project as
"Redevelopment Project I-Phase A," and the Levee Project as "Redevelopment Project L" A
redlined copy of the Plan is attached as Exhibit A. This amendment in no way affects the
Commission's or the City's approval of the Argosy Project and the Levee Project as
Redevelopment Project I.
2. The Commission makes a recommendation with respect to the same to the Board
of Aldermen.
Passed this 15th day of January, 1997.
ATTEST: ~-
Name: ~~~ ., ~~c~li
c .~~>v ~~,t~cc~_.~~~ Title: ~~<~~ctiJ-ir7u~~
Secretary
1
RESOLUTION NO. 96-06-01
(VERSION A)
RESOLUTION OF THE TAX INCREMENT FINANCING COMMISSION OF
RIVERSIDE, MISSOURI REGARDING THE L-385 LEVEE REDEVELOPMENT PLAN
(THE "PLAN"); APPROVING THE PLAN; APPROVING THE DESIGNATION OF A
REDEVELOPMENT AREA UNDER THE PLAN; APPROVING AND DESIGNATING THE
REDEVELOPMENT PROJECT I AND REDEVELOPMENT PROJECT I AREA UNDER THE
PLAN; AND APPROVING TAX INCREMENT FINANCING FOR THE REDEVELOPMENT
PROJECT I AREA AND RECOMMENDING SAME TO THE BOARD OF ALDERMEN
WHEREAS, the Tax Increment Financing Commission of Riverside, Missouri (the
"Commission") was created pursuant to Ordinance No. 95-64, adopted by the Board of
Aldermen of Riverside, Missouri (the "Board of Aldermen") on September 12, 1995;
WHEREAS, the Real Property Tax Increment Allocation Redevelopment Act, Sections
99.800 to 99.865 of the Revised Statutes of Missouri, 1986, as amended (the "Act"), requires
the Commission to: (a) hold hearings with respect to proposed redevelopment areas,
redevelopment plans and redevelopment projects; (b) vote on the approval of the same; and (c)
make its recommendations on the same to the City Council;
WHEREAS, it has been proposed that: (a) the real property legally described in the
attached Exhibit A be classified as a "blighted area" and be designated a "redevelopment area"
pursuant to the Act (the "Redevelopment Area") ; (b) the Plan be approved for the purpose of
redeveloping the Redevelopment Area; (c) the Redevelopment Project I authorized by the Plan
be approved; (d) other Redevelopment Projects be considered for approval at such time as the
Commission recommends the same; and (e) tax increment financing be adopted for the
Redevelopment Project I Area described in the Plan;
WHEREAS, the Commission issued a request for proposals to developers by publication
in a newspaper of general circulation for the implementation of the Plan;
WHEREAS, the Commission by Resolution No. 96-OS-O1, passed on May 8, 1996,
fixed a time and place for a public hearing on the designation of the Redevelopment Area, the
approval of the Plan, the approval of Redevelopment Project I and the adoption of tax increment
financing for the Redevelopment Project I Area;
WHEREAS, proper notice of the public hearing was given by publication and mailing
as required by the Act;
WHEREAS, the Commission held a public hearing in compliance with the Act on June
27, 1996, and the Commission heard and considered all protests, objections and comments
submitted by any interested persons and tax districts affected by the issues addressed at the
public hearing;
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January 20, 1998 - 1:42pm -1-
NOW, THEREFORE, BE IT RESOLVED by the Tax Increment Financing Commission
of Riverside, Missouri:
The Commission finds that:
a. The existing conditions of the Redevelopment Area described in the Plan
are a fair depiction of the Redevelopment Area and cause the
Redevelopment Area to be a "blighted area" as defined in the Act;
b. the Redevelopment Area has not been subject to growth and development
through investment by private enterprise and would not reasonably be
anticipated to be developed without the adoption of the Plan;
c. the Plan conforms to the comprehensive plan for development of the City
of Riverside, Missouri as a whole;
d. the estimated dates, which shall not be more than 23 years from the
adoption of the ordinance approving the Phase I Redevelopment Project,
of completion of the Redevelopment Project I and retirement of
obligations incurred to finance the Redevelopment Project costs have been
stated in the Plan; and
e. a plan has been developed and included in the Plan for the relocation
assistance of businesses and residences.
2. The Commission approves and designates the Redevelopment Area as a
redevelopment area pursuant to the Act.
3. The Commission approves and adopts the Plan.
4. The Commission approves and designates the Redevelopment Project I as a
redevelopment project.
5. The Commission adopts tax increment financing for the Redevelopment Project
I Area and provides that:
(1) after the total equalized assessed valuation of the taxable real property in
the Phase I Redevelopment Project Area exceeds the certified total initial
equalized assessed valuation of the taxable real property in such
Redevelopment Project I Area, the ad valorem taxes and payments in lieu
of taxes, if any, arising from the levies upon taxable real property in such
Redevelopment Project I Area by taxing districts and tax rates determined
in the manner provided in subsection 2 of the Section 99.855 of the Act
each year after the effective date of this Ordinance until the
U:\6l4\61492\00001 \APPPLN A.RES
January 20, 1998 - L42pm -2-
Redevelopment Project Costs pursuant to the Plan have been paid, shall
be divided as follows:
(a) That portion of taxes levied upon each taxable lot, block, tract, or
parcel of real property which is attributable to the initial equalized
assessed value of each such taxable lot, block, tract, or parcel of real
property in the Redevelopment Project I Area shall be allocated to and,
when collected, shall be paid by the county collector to the respective
affected taxing districts in the manner required by law in the absence of
the adoption of tax increment allocation financing;
(b) Payments in lieu of taxes attributable to the increase in the current
equalized assessed valuation of each taxable lot, block, tract, or parcel of
real property in the Redevelopment Project I Area over and above the
initial equalized assessed value of each such unit of property in the
Redevelopment Project I Area shall be allocated to and, when collected,
shall be paid to the municipal treasurer who shall deposit such payment
in lieu of taxes into a special fund called the "Special Allocation Fund"
of the municipality for the purpose of paying redevelopment costs and
obligations incurred in the payment thereof. Payments in lieu of taxes
which are due and owing shall constitute a lien against the real estate of
the redevelopment project from which they are derived. The municipality
may, in the ordinance, pledge the funds in the special allocation fund for
the payment of such costs and obligations and provide for the collection
of payments in lieu of taxes, the lien of which may be foreclosed in the
same manner as a special assessment lien as provided in section 88.861
RSMo. No part of the current equalized assessed valuation of each lot,
block, tract, or parcel of property in the Redevelopment Project I Area
attributable to any increase above the total initial equalized assessed value
of such properties shall be used in calculating the general state school aid
formula provided for in section 163.031 RSMo, until such time as all
redevelopment costs have been paid as provided for in this section and
section 99.850.
(2) in addition to the payments in lieu of taxes described in Section
99.845.1(2) of the Act, the total additional revenues from taxes generated
by economic activities in the Redevelopment Project I Area, as described
in Section 99.845.3 of the Act, shall be allocated as set forth in Section
99.845.3 of the Act.
6. The Commission makes a recommendation with respect to the same to the Board
of Aldermen.
U:\614\61492\00001 \APPPLN A.RES
January 20, 1998 - 1:42pm -3-
Passed this 27th day of June, 1996.
CHAIRMAN
ATTEST:
i ~ - ~ ~
SECRETARY
U:\6l4\61492\00001\APPPLNA.RES
January 20, 1998 - 1:42pm -4-
EXHIBIT A
AMENDED
L-385 LEVEE
REDEVELOPMENT PLAN
RIVERSIDE, MISSOURI
SUBMITTED BY:
CITY OF RIVERSIDE, MISSOURI
4500 ffigh Drive
Riverside, Missouri 64168
PREPARED BY:
ARMSTRONG, TEASDALE, SCHLAFLY & DAMS
2345 Grand Boulevard, Suite 2000
Kansas City, Missouri 64108
SUBMITTED JANUARY 15, 1997
TABLE OF CONTENTS
Page
I.INTRODUCTION .......................................... I
II. DEFIIVITIONS ...........................................
A. Act ............................................
B. ~~rgesy greJeetl?,~dev~lp ~~ct'~ Ph~s~ t~ ............... .
C. Blighted Area ..................................... .
D. Board of Alderpersons ............................... .
E. City ...........................................
F. City Deposit ..................................... .
G. City NID Participation Payment ......................... .
H. County Assessor ................................... .
I. County Collector ................................... .
J. Development Agreement .............................. .
K. Economic Activity Account ............................ .
L. Economic Activity Taxes .............................. .
M. Landowner Deposit ................................. .
N. Landowner NID Premium Payment ....................... .
O. Levee District .................................... .
P. Levee-Ffe}eeeele~elv~ment P~Y~e# I ......................
Q. Obligations ....................................... .
R. Ordinance ........................................
S. Payments in Lieu of Taxes ............................. .
T. PII.OT Account ................................... .
U. Preliminary Master Plan .............................. .
V. Quindaro Levee ................................... .
W. Redevelopment Area ................................ .
X. Redevelopment Plan ................................. .
Y. Redevelopment Project ..:............................ .
Z. Redevelopment Project I .............................. .
AA. Redevelopment Project Area ............................ .
BB. Redevelopment Project Costs ........................... .
CC. Reimbursable Project Costs ............................ .
DD. Riverside Levee ................................... .
EE. Special Allocation Fund .............................. .
FF. Special Assessments ................................. .
GG. Taxing District .................................... .
HH. TIF Commission ................................... .
II. TIF Bonds ....................................... .
JJ. Total Initial Equalized Assessed Value ..................... .
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III. TAX INCREMENT FINANCING ..............................: 7
IV. EXISTING CONDITIONS IN THE REDEVELOPMENT AREA ............ 7
V. REDEVELOPMENT PLAN OBJECTIVES .......................... 8
A. General Plan Objectives ............................... 8
B. Specific Plan Objectives ............................... 9
VI. REDEVELOPMENT PROJECT ................................ 9
A. Site Acquisition, Clearance and Preparation ................... 9
B. twee-Pre}eet~~!e1t~t~i~t~t Rj~t and Public Improvements ...... 10
C. Private Development ................................. 10
D. Schedule of Development .............................. 11
E. General Land Use ................................... 11
VII. FINANCING PLAN ....................................... 11
A. Projected Project Costs . ............................... 11
B. Source of Funds . ................................... 12
C. Phasing Financing and Construction . ....................... 12
D. Evidence of Commitments to Finance . ...................... 13
E. Projected Payments in Lieu of Taxes and Economic Activity Taxes ..... 13
1. Payments in Lieu of Taxes ........................... 13
a. Equalized Assessed Valuations .................. 13
b. Anticipated Assessed Valuation .................. 13
2. Economic Activity Taxes .......................... 13
a. Current Sales and Sales Tax Rates ................ 13
b. Current Utility Tax Rate ...................... 14
c. Anticipated Sales and Utility Taxes ............... 14
F. Special Allocation Fund ............................... 14
VIII. DISBURSIIvIENTS FROM SPECIAL ALLOCATION FUND ............ 14
IX. PROCEDURES FOR PAYMENTS TO THE SPECIAL ALLOCATION FUND ... 15
A. Payments in Lieu of Taxes :................ ........... 15
B. Economic Activity Taxes ............................... 15
1. Documentation of Economic Activity Taxes by Taxpayers ...... 15
2. Certification by TIF Commission ..................... 15
3. Presentation to Taxing Districts ...................... 15
4. Deposit of Funds ............................... 16
X. PROVISIONS FOR AMENDING THE TAX INCRII~ZENT PLAN ........... 16
XI. TERMINATION OF TAX INCRIIVIENT FINANCING ................. 16
XII. REQUIItED STATUTORY FINDINGS ........................... 16
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LIST OF EXHIBTTS
EXHIBTT 1 Legal Description of Redevelopment Area
EXHIBIT 2 Map of Redevelopment Area
EXHIBTT 3 Aerial Photograph of Redevelopment Area
EXHIBIT 4 Blight Study prepared by Rule and Company
EXHIBTT 5 Preliminary Master Plan for the Redevelopment Area
EXHIBIT 6 Legal Description of the Redevelopment Project Area for
Redevelopment Project I
EXHIBIT 7 Projected Redevelopment Project Costs
EXHIBIT 8 Financing Plan for the Levee Project
EXHIBIT 9 Assumptions for Projected Payments in Lieu of Taxes and Economic
Activity Taxes
EXHIBTT 10 Statutory Findings
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I. INTRODUCTION
This is the L-385 Levee Redevelopment Plan (the "Redevelopment Plan") prepared in
accordance with the provisions of the Real Property Tax Increment Allocation Redevelopment
Act, Missouri Revised Statutes, Sections 99.800 through 99.865 (the "Act"). The
Redevelopment Plan provides for the construction of the Quindaro Levee and the Riverside
Levee and related improvements (collectively the "releetdexeiopm~tt ~ol~ct,t"),
. .......:.......:...:::..:..
together with other public infrastructure improvements including sewer, water and roads
(collectively, the "Public Improvements"). The Levee~ejeet~ctvclop~ent Fromm I, together
with the Public Improvements, shall be referred to collectively as the Redevelopment Projects
which may be implemented in several Phases. The e~}eet~ec~ve-l~ap~ent 'sect T is
necessary to facilitate the development of the Redevelopment Area as defined herein; an area
generally known as the Quindaro Bottoms.
The ~ee~ejeetRedeve'(gpsertt ~'mjeCt ~ is approved for construction by the United
States Army Corps of Engineers (the "Corps") as Project L-385. Construction of the wee
hrejeetRedevefopfnent Prgject'I will not occur, however, without the assistance provided under
the Redevelopment Plan. The Quindaro Levee will protect the western portion of the
Redevelopment Area against a 500-year flood and the Riverside Levee will protect the eastern
portion of the Redevelopment Area and the City's business district from a 500-year flood.
The Redevelopment Area consists of approximately 1800 acres of land located on the
North bank of the Missouri River along Interstate 635 at highway 169, and is legally described
on the attached Exhibit 1 and shown on the map attached as Exhibit 2.
The Redevelopment Area provides a promising location for development due to its
proximity to the downtown areas of both Kansas City, Missouri, and Kansas City, Kansas, as
well as to the Kansas City International Airport. Poor accessibility from public roads and
inadequate levees for flood protection, however, have resulted in little development occurring
in the Redevelopment Area. This lack of development is clearly shown on the aerial photograph
attached as Exhibit
The Redevelopment Area qualifies as a Blighted Area as that term is defined herein and
by the Act. Specifically, the Redevelopment Area consists of ground which lies in a flood plain
and which lacks adequate sewer such as to constitute an economic and/or social liability or
menace to the public health, safety, morals and/or welfare in its present condition. Economic
data and conditions discussed herein indicate development will not occur within the
Redevelopment Area without the adoption of the Redevelopment Plan. A Blight Study detailing
the characteristics which qualify the Redevelopment Area as a Blighted Area under the Act is
attached as Exhibit 4.
The total anticipated cost of the Levee~ejeetRe+d~t?;~1t~pp~tt jest ~ is projected by
the Corps at $56,280,000.00, based on May 1996 dollars. The Riverside-Quindaro Bend Levee
District ("Levee District") will be the local sponsor (the "Local Sponsor") of the ~vee
Prejeetl~eti~velgpmec-tt € ~ Under current formulas, the Local Sponsor's share of the cost
of the Levee-Preleet~c~le~e~iapt€tI 18Ct, ~ is approximately forty-nine percent (49 ~) or
approximately $28 Million (the "Local Share"). Current sources of financing the Local Share
of the eleetRedeveioptnent ;eCt are insufficient without the public assistance
provided by the Redevelopment Plan.
The Redevelopment Plan provides for the development of the Redevelopment Area in
several Redevelopment Projects which will be proposed and approved according to the
provisions of the Act. The first redevelopment project will consist of the Levee
Prejee~edc3velt~~ment ~~ ~, y;r~~ .~h A ~g tegetlie~w~tl~-the expansion of the land-
_. ..
based support facility for the Argosy Riverside Casino including the construction of a hotel by
Ar os the " 'eetRe?tel''`et""`.~s~ which will benefit significantly
from the wee-P~ejeet,eEYf.~`ap3T~tl~J ;~.
The Payments in Lieu of
Taxes ("PII.OTs") and Economic Activity Taxes ("EATs") to be generated from Redevelopment
Project I and Redevelopment Project I-Phase A will be used to pay the annual cost of TIF Bonds
which will be issued to pay a portion of the Local Share of the cost of the Levee
PrejeetRecfevelapment <Project;.
_....
Without the use of TIF, it is economically infeasible to construct the Levee
I~ejee~tltedevelc~pmen# ;Project I. Without the Levee-F~rejeetRedevelopment Project I the
Redevelopment Area cannot be developed. Use of Payments in Lieu of Taxes and Economic
Activity Taxes generated by development pursuant to the Redevelopment Plan along with federal
funds and other fmancing sources will produce the necessary funds to construct the Levee
Prejee~edevelop~entProjecf ~. Once the construction of the Levea-FrejeetRedevelt~pmen
Pro3~Ct~ is completed, private development of the Redevelopment Area will occur. The ultimate
........ .::
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result of this will be a substantial increase in the tax base for the City, as well as or t e of er
affected taxing districts.
Additional phases consisting of the Public Improvements constructed in conjunction with
the future development of the Redevelopment Area may include: (1) a full diamond interchange
at the intersection of Van de Populier Road and Interstate 635 to provide access to the
Redevelopment Area from the interstate highway system; (2) the improvement of Van de
Populier Road to arterial street standards; (3) new water and sewer think lines along Van de
Populier Road; (4) construction of an internal storm drainage system for the land behind the
Quindaro Levee; and (5) construction of an access road from the I-635 interchange to the Argosy
Casino. Each additional redevelopment project or phase shall be considered on a project-by-
project basis.
Upon completion of the Redevelopment Project I and Redevelopment Froject I-Phase A,
it is estimated that the market value of the Redevelopment Area will increase by $45 million.
This will result in a $15 million increase in the assessed value of the Redevelopment Area. The
increased assessed value will yield annual Payments in Lieu of Taxes of approximately
$100,000. In addition, Redevelopment Project I and Redevelopment Project I-Phase A will
generate in excess of $175,000 in Economic Activity Taxes annually. The amount of PILOTs
and EATS anticipated to be generated when all of the redevelopment projects have been
completed within the Redevelopment Area cannot be determined at this time. It is expected that
upon the completion of a Preliminary Master Plan for the Redevelopment Area, to be attached
2
as Exhibit 5, that projections with regard to anticipated PILOTS and EATS will be available to
be included in the Redevelopment Plan.
Tax increment financing will allow the use of the Payments in Lieu of Taxes and the
Economic Activity Taxes to pay Reimbursable Project Costs and to retire any TIF Bonds issued
to fmance Reimbursable Project Costs. Some enhancement may be required to make the TIF
Bonds mazketable. Upon the completion of this Redevelopment Plan and the payment of
Reimbursable Project Costs, the remaining Payments In Lieu of Taxes and Economic Activity
Taxes will be available to the City and other Taxing Districts.
II.
As used in this Redevelopment Plan, the following terms shall mean:
A. Act: The Real Property Tax Increment Allocation Redevelopment Act, Section
99.800, etet seo.. Revised Statutes of Missouri.
B. nt I': Pha :The expansion of the land-based
support facility for the Argosy Riverside Casino including the construction of a 200-room hotel
by Argosy.
C. Bliehted Area: An area which, by reason of the predominance of defective or
inadequate street layout, insanitary or unsafe conditions, deterioration of site improvements,
improper subdivision or obsolete platting, or the existence of conditions which endanger life or
property by fire and other causes, or any combination of such factors, retazds the provision of
housing accommodations or constitutes an economic or social liability or a menace to the public
health, safety, morals, or welfare in its present condition and use.
D. Board of Aldetpersons: The Boadd of Alderpersons of Riverside, Missouri.
E. Ci ': Riverside, Missouri.
F. City D sit: The City's deposit of cash into escrow in the amount of $2.8
................................................................
milhon to a fora rtion of the costs of the eti<t~da~e hi iI, which
P Y Po ~ ..::..::.:......~:;........::::...::
amount constitutes a capital cost of the City under the Act and therefore a Redevelopment
Project Cost.
G. City NID Participation Payment: Cash payments by the City of up to $500,000
per year for the first five years after Neighborhood Improvement District Bonds aze issued to
defray the cost of the annual assessments of the Bonds, which amount constitutes a capital cost
of the City under the Act and therefore a Redevelopment Project Cost.
H. Count~Assessor: The assessor of Platte County, Missouri.
I. County Collector: The collector of Platte County, Missouri.
3
J. Development Agreement: A comprehensive agreement between the City and one
or more developers which will be executed following approval of this Redevelopment Plan to
govern the implementation of this Redevelopment Plan and the completion of the responsibilities
of the City and the Developer created pursuant to this Redevelopment Plan.
K. Economic Activity Account: The separate segregated account within the Special
Allocation Fund into which Economic Activity Taxes are to be deposited.
L. Economic Activity Taxes: Fifty percent (50~) of the total additional revenue
from taxes which are imposed by the City or other Taxing Districts, and which are generated
by economic activities within any Redevelopment Project Area, over the amount of such taxes
generated by economic activities within such Redevelopment Project Area in the calendar year
prior to the adoption of the Redevelopment Project for such Redevelopment Project Area by
Ordinance, while tax increment fmancing remains in effect, but excluding taxes imposed on sales
or charges for sleeping rooms paid by transient guests of hotels and motels, licenses, fees or
special assessments and personal property taxes.
M. Landowner Deposit: Pursuant to the Financing Plan for the Levee
PrajeelRedeYelopttietltProJect;I, attached as Exhibit 8 hereto, Trillium Corporation, an owner
of approximately 625 acres within the Redevelopment Area, has agreed to contribute $2.8
Million cash to the L~:~ra vel dent Ptt~ ect; which constitutes a ca ital cost of
.leetRede ~ ,~
P
Trillium under the Act and therefore a Redevelopment Project Cost.
N. Landowner NID Premium Payment: An NID assessment payment by Trillium
in excess of the NID assessments paid by other property owners which constitutes a capital cost
of Trillium under the Act and therefore a Redevelopment Project Cost.
O. Levee District: The Riverside-Quindaro Bend Levee District.
p. '' _ '> :: Construction of the Quindaro Levee an
the Riverside Levee. _ _ ,..
Q. Obligations: Bonds, loans, debentures, notes, special certificates or other
evidences of indebtedness issued by the City or the TIF Commission to carry out a
Redevelopment Project or to refund, redeem or defease outstanding Obligations.
R. Ordinance: An ordinance enacted by the Board of Alderpersons.
S. 1~yments in Lieu of Taxes: Revenues from real property taxes in a
Redevelopment Project Area selected for a Redevelopment Project, which are to be used to
reimburse the Reimbursable Project Costs, and which Taxing Districts would have received had
the City not adopted tax increment allocation fmancing, and which result from levies made after
the time of the adoption of tax increment allocation fmancing within such Redevelopment Project
Area, and during the time the current equalized value of real property in such Redevelopment
Project Area exceeds the Total Initial Equalized Assessed Value of real property in such
Redevelopment Project Area, until the designation is terminated pursuant to this Redevelopment
4
Plan which shall not be later than 23 years after the Redevelopment Project for such
Redevelopment Project Area is approved.
T. PIIAT Account: The separate segregated account within the Special Allocation
Fund into which Payments in Lieu of Taxes are to be deposited.
U. Preliminary Master Plan: The proposed Preliminary Master Plan of the
Redevelopment Area to be attached as Exhibit 5.
V . Ouindaro Levee: The portion of the public improvements consisting of a 500-year
flood levee to protect the western portion of the Redevelopment Area as shown on the
Preliminary Master Plan.
W. Redevelopment Area: The area described in Exhibit 1.
X. Redevelopment Plan: The L-385 Levee Redevelopment Plan.
Y. Redevelopment Project: Any of the private or public projects which are to be
completed pursuant to this Redevelopment Plan.
Z. Redevelopment Proiect I:
AA. Redevelopment Project Area: Any area within the Redevelopment Area selected
for a Redevelopment Project. The area selected for Redevelopment Project I and Redevelopment
Project I-Phase A is described in Exhibit 6.
BB. Redevelopment Project Costs: The sum total of all reasonable or necessary costs
incurred or estimated to be incurred, and any such costs incidental to this Redevelopment Plan
or any Redevelopment Project, as applicable. Such costs include, but are not limited to, the
following:
1. Costs of studies, surveys, plans and specifications;
2. Professional service costs, including, but not limited to, architectural,
engineering, legal, marketing, fmancial, planning or special services;
3. Property assembly costs, including, but not limited to, acquisition of land
and other property, real or personal,. or rights or interests therein and the clearing and
grading of land;
4. Costs of constmction of public works or improvements, including special
assessments made against property in the Redevelopment Area;
5. Financing costs, including, but not limited to, all necessary and incidental
expenses related to the issuance of TIF Bonds, and which may include payment of
5
interest on any TIF Bonds issued hereunder accruing during the estimated period of
construction of any Redevelopment Project for which such TIF Bonds are issued and for
not more than eighteen months thereafter, and including reasonable reserves related
thereto;
6. All or a portion of a Taxing District's capital costs resulting from any
Redevelopment Project necessarily incurred or to be incurred in furtherance of the
objectives of this Redevelopment Plan and such Redevelopment Project, to the extent the
City by written agreement accepts and approves such costs; and
7. Payments in lieu of taxes.
CC. Reimbursable Project Costs: Any Redevelopment Project Costs incurred by the
City or the TIF Commission and any Redevelopment Project Costs incurred, with the approval
of the City or the TIF Commission, by any other entity in connection with the Initial
Infrastructure, the Quindaro Levee or the Riverside Levee.
DD. Riverside Levee: The portion of the public improvements consisting of a 500-year
flood levee to protect the eastern portion of the Redevelopment Area.
EE. dial Allocation Fund: The fund into which, as required by the Act, all
Payments in Lieu of Taxes and Economic Activity Taxes are deposited.
FF. Special Assessments: Special assessments which are levied by the Levee District
against property which is within the Levee District's jurisdiction and which is benefitted by the
construction of the I~ee-1?rejeetR~t3~v~~uptttett~ l~ti;{cet ~.
GG. Taxing District: Any political subdivision of the State of Missouri located wholly
or partially within the Redevelopment Area.
HH. TIF Commission: The Tax Increment Financing Commission of Riverside,
Missouri.
II. TIF Bonds: Any: (i) bonds, loans, debentures, notes, special certificates or other
evidences of indebtedness issued by an entity to pay Reimbursable Project Costs; and (ii)
Obligations.
JJ. Total Initial F~ualized Assessed Value: That amount certified by the County
Assessor which equals the most recently ascertained equalized assessed value of each taxable lot,
block, tract, or parcel of real property within a Redevelopment Project Area immediately after
tax increment financing for such Redevelopment Project Area has been approved by the Board
of Aldeipersons by an Ordinance.
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Additionally, these conditions cause the Redevelopment Area to constitute a social liability and
a menace to the public health, safety and welfare.
V. REDEVELOPMENT PLAN OBJECTIVES
The Tax Increment Financing Commission of Riverside, Missouri (the "TIF
Commission") proposes to undertake the redevelopment of the area described in Exhibit 1
attached hereto (the "Redevelopment Area") in accordance with the terms of the Redevelopment
Plan.
For the purpose of redeveloping the Redevelopment Area, the Redevelopment Plan has
been prepared by the TIF Commission, and may be recommended to the Board of Aldetpersons
of the City. The TIF Commission shall request proposals from developers for the
redevelopment of the Redevelopment Area. The proposal(s), which in the opinion of the TIF
Commission will best implement the intent of the Redevelopment Plan, shall become a part of
the Redevelopment Plan.
The TIF Commission may recommend to the Board of Aldeipersons that bonds or other
obligations be issued to finance Redevelopment Project Costs (the "Obligations") in an amount
which may be serviced by PII.oTs resulting from the construction of the improvements
according to the Redevelopment Plan and from Economic Activity Taxes. In the alternative, the
TIF Commission may recommend that Redevelopment Project Costs, as defined herein, be
reimbursed on an as-collected basis as collection of PILOTS and Economic Activity Taxes allow,
without the issuance of Obligations. Upon being deposited in the Special Allocation Fund,
PILOTS resulting from improvements in the Redevelopment Project Areas, and Economic
Activity Taxes, may be used to service any Obligations issued including interest on and the cost
of issuing the Obligations.
When implemented, this Redevelopment Plan will remove the existing conditions of
...............................................................
blight through the constivction of the free-l~re~}eet~t~dev~ipptncntjec#;I. The objectives of
this Redevelopment Plan are outlined below.
A. General Plan Objectives. The general objectives of this Redevelopment Plan are:
1. To enhance the tax base of the City and other Taxing Districts by
development of the Redevelopment Area to its highest and best use and encouraging
private investment in the surrounding area.
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2. To discourage commerce, industry and manufacturing from moving
operations to another state.
3. To increase employment in the City.
4. To eliminate adverse conditions in the Redevelopment Area which have
hindered development and which constitute blight and therefore make the Redevelopment
Area a Blighted Area.
5. To provide for access to and traffic flow in the Redevelopment Area.
6. To enhance the aesthetics of the Redevelopment Area.
B. Snecific Plan Objectives. Specific objectives of this Redevelopment Plan are:
1. To construct levees to protect the Redevelopment Area from flooding up
to the level of a 500-year flood.
2. To cure the currently existing adverse conditions by providing flood
protection for the Redevelopment Area as well as for the City.
3. To encourage the orderly development of land within the Redevelopment
Area to maximize the public benefit from private investment.
4. To expand the tax base of the City by encouraging private investment in
the Redevelopment Area and the surrounding area.
5. To increase the employment opportunities for the City's residents by
investing in public improvements that encourage or support commercial operations.
6. To enhance the public health, safety and welfare of the community by
eliminating problems with flooding.
7. Construct roads, sewers and water mains within the Redevelopment Area
to provide efficient traffic patterns and adequate utility service for future development.
VI. REDEVELOPMENT PROJECT
A. Site Acquisition Clearance and Preparation. Site acquisition, clearance and
preparation for the ~eeteve~t~~ten#:,P'~s,~.,~ will be addressed in the project
..:::.:::.:....
cooperative agreement (the "PCA") between the Local Sponsor and the Corps which provides
_.:
for the fmancing and constnrction of the Levee-~rejeet~i~~8ivp~tilt lit I.
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B. edeveloYiment Fro~ect'I and Public Improvements.
. The City,
Platte County, Missouri and the TIF Commission will negotiate and enter into a cooperative
agreement with the Levee District for the purpose of providing financing to the Levee
Prejeetlelt>~ie~'t~'rtjet pursuant to which the Levee District will be in a position to
;.
enter into the PCA with the Co s to construct the 'eetRe~3~v ~ttt "fit T. The
actual construction of the I~ee~rejeet~ted~ve~ta2ei~1 ~ will be controlled by the Corps
pursuant to the PCA between the Corps and the Levee District.
The Public Improvements constitute future Phases under the Redevelopment Plan and
may include: (1) the construction of a full diamond interchange at I-635 and Van de Populier
Road; (2) new water and sewer trunk lines; (3) road improvements on Van de Populier Road
from Missouri Route 9 to I-635; (4) an internal storm drainage system for the land behind the
Quindaro Levee; and (5) a new access road from the interchange to the Argosy Casino. The
Public Improvements will be considered on aproject-by-project basis.
_ __ _ _..
The construction of the wee--PrejeetRedevelo~tnent Project I will attract new
<;
development to the Redevelopment Area. As the construction of new development begins,
subsequent Redevelopment Projects will be approved and tax increment financing will be adopted
for the respective Redevelopment Project Areas. The Payments in Lieu of Taxes and Economic
Activity Taxes generated from the subsequent Redevelopment Projects will be captured and used
to repay TIF Bonds issued and Reimbursable Project Costs incurred to finance the Local Share
of the ~vce-~ejeetpeltie~gt '3,(~_ the Public Improvements and any other costs
............:....................:....:...:......................
identified as "reimbursable" under the Redevelopment Plan.
C. Private Development.
........................
Redevelopment Project I»P;E~i3~ will be completed by
_. .
the Argosy Riverside Casino. The Redevelopment Project Area selected for Redevelopment
Project I and Redevelopment Project I-Phase A consists of approximately 40 acres of real
property relating to the Argosy expansion which is legally described in the attached Exhibit 6.
The Redevelopment Project Area for Redevelopment Project I and Redevelopment Project I-
Phase Aincludes only those parcels of real property and improvements thereon substantially
benefitted by the proposed redevelopment project improvements.
The Redevelopment Project Area will be substantially benefitted by the Levee
:.;:.;:.
I~ejee#i~optr~ B;X. Currently, at least part of the Redevelopment Pmlect Area as
been filled to one foot above the 100-year flood level. In the event of a flood such as the 1993
flood, the Redevelopment Project Area for Redevelopment Project I and Redevelopment Project
I-Phase A will be under six feet of water even though it has been filled to one foot above the
100-year flood level. Consequently, the construction of the ~ee~~re}eetRe'~~Iplge~it eject
will substantially benefit the Redevelopment Project Area selected for Redevelopment Project
I and Redevelopment Project I-Phase A.
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Upon the completion of Redevelopment Project I and Redevelopment Project I-Phase A
other commercial development will begin to occur in the
Redevelopment Area. It is anticipated in the Preliminary Master Plan to be attached as Exhibit
5 that future development will include retail and office space, warehouse and storage facilities,
industrial and high-tech manufacturing facilities, and recreational amenities including jogging
and cycling paths and open recreational space. Future development may be considered as
additional redevelopment projects/phases under the Redevelopment Plan and may be incorporated
in the fmancing of the Public Improvements as outlined herein and as may be identified in the
future.
D. Schedule of Development. The initial revenue which is necessary for this
Redevelopment Plan to be feasible will come from the ~rrgesy-~rejeetRV~lppmetrt P~,lec€. I=
Phase 1~. It is anticipated that the acquisition of the right-of-way needed for the Lee
PrejeeERetleyelUpiTtetlt Project: ~ will begin in 1997, using the City Deposit, Levee District
Assessment Bonds and the Payments in Lieu of Taxes and Economic Activity Taxes generated
by Redevelopment Project I and Redevelopment Project I-Phase A as outlined in the Financing
Plan attached as Exhibit 8. Construction of the rejeetdeve~opt11en1 Pxuject ~ will begin
in 2000. Funding for the construction of the wee--PrejeetRedevelOpment Pray. X will be
provided by the issuance of Neighborhood Improvement District Bonds as outlined in Exhibit
8. The lee-~ejeetR~devel~ment ~rt~eCt ~ is expected to be completed by 2003.
E. General Land Use. The Redevelopment Area is currently zoned commercial, light
industrial and industrial. In conjunction with the formulation of the Preliminary Master Plan to
be attached as Exhibit 5, the City may undertake to revise its zoning for the Redevelopment
Area. Redevelopment Projects will be subject to the applicable provisions of the zoning
ordinances of the City as well as other applicable codes and ordinances. All requirements for
landscaping, storm water detention, parking, lighting and off-site traffic improvements which
are imposed pursuant to the zoning process will automatically become part of the requirements
of this Redevelopment Plan. All public improvements which are to be dedicated to the City or
any other municipality will comply with City or appropriate municipal street and road
constmction standards.
VII. FINANCING PLAN
attached as Exhibit 8.
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B. Source of Funds.
There are currently six (6) sources of funds identified in the Financing Plan to pay the
cost of the ~ajeetltgd~v~opuTent Pi'o~!k,::
(1) Federal Funds from the Corps will pay
of the levee-~ejeet`L~~,;;;
(2) Tax Increment Financing Revenues (T
(3) City Deposit;
(4) Landowner Deposit;
(5) Levee District Assessment Bonds; and
(6) Neighborhood Improvement District
Participation Payment.
for at least fifty-one percent (51 ~)
................
je costs;
Bonds including the City NID
It is anticipated that the substantial portion of the Local Share of the I~ee
PFejeetRedevelap~meutI'2'pjecti';~ will be fmanced through the issuance of TIF Bonds, Levee
District Assessment Bonds and Neighborhood Improvement District Bonds which will be issu
in one more series. Reimbursable Project Costs may, however, be incurred and reimbursed on
a pay-as-you-go basis. The City will pledge the TIF Revenues generated by the private
development within the Redevelopment Area to repay the TIF Bonds, the Neighborhood
Improvement District Bonds, the City Deposit, the Landowner Deposit, City NID Participation
Payment and Landowner NID Premium Payment and other identified Reimbursable Project Costs
as provided in Exhibit 7 attached hereto.
In conjunction with the Financing Plan attached hereto as Exhibit 8, the City will make
the City Deposit, issue the TIF Bonds, issue NID Bonds and provide the City NID Participation
Payment as defined therein. The TIF Revenues generated within each Redevelopment Project
Area will be paid into the Special Allocation Fund, and then be used to make TIF Bond
Payments, to make annual NID Bond payments, to reimburse the City Deposit, to reimburse the
Landowner Deposit, to reimburse the City NID Participation Payment and to reimburse
Landowner NID Premium Payment as provided in the Financing Plan and as provided in F"xhibit
7.
C. Phasing Financing and Constriction. As stated above the rates at which TIF
Bonds can be issued and the public improvements constricted are dependent on many variables.
The phasing suggested by this section can be compressed or extended as conditions warrant.
At the present time, however, the following time line is suggested as reasonable for fmancing
and construction of the ~ajeetR~d~velo~rq~t3t ~jeCt;~.
1. Using the City Deposit, the TIF Revenues generated by Redevelopment
Project I and Redevelopment Project I-Phase A, and the Landowner Deposit, it is anticipated
that the costs to acquire right-of--way for the ~ajeedeivemcai~ rt~ect I and other
early constriction and administrative costs associated with the levee-~e~}eet~,~~velttetlt
Pmjt~t:~ will be paid on spay-as-you-go basis until the first series of TIF Bonds, Levee District
Assessment Bonds and/or Neighborhood Improvement District Bonds are issued.
12
2. It is anticipated that TIF Bonds for the I~vee~rejeetRedevetdptnept
Prc~ectI will be issued in the amount of approximately $2.9 million; that Levee District
Assessment Bonds for the lE:erfee F4'ejeetlted~v~3~tt~ttt ~3jeel;I will be issued in the amount
of approximately $6.8 million; and h1ID Bonds will be issued in the amount of approximately
$13,000,000.00. These bonds will be used to pay for the Local Share of the I~vee
Prejeetlotets~, Levee District costs, a contingency reserve and financing costs
in the estimated amounts set forth on Exhibits ~7 and 8. The TIF Bonds can be amortized over
23 years from their date of issuance with an average annual debt service payment of $275,000,
assuming a 6.5 ~ average annual interest rate. The Levee District Assessment Bonds can be
amortized over 20 years with an average annual debt service payment of approximately
$600,000.00, assuming a 6~ average interest rate. The NID Bonds can be amortized over 20
years with an average annual debt service payment of approximately $1,133,000, assuming a 6 ~
average interest rate.
D. Evidence of Commitments to Finance. The availability of financing for the I~ee
I~ejeetRedeveopm0nt Project; T is documented in the Financing Plan, Exhibit 8.
E. Projected Payments in Lieu of Taxes and Economic Activity Taxes. The
assumptions used to project Payments in Lieu of Taxes and Economic Activity Taxes are
described in Exhibit 9.
1. Payments in Lieu of Taxes. Calculation of anticipated Payments in Lieu of
Taxes are based on current and projected future real property assessed valuations and the best
available information concerning future property tax levy rates, both of which are subject to
change due to many factors, including statewide reassessment, the effects of real property
classification for real property tax purposes, and the rollback in tax levies resulting from
reassessment or reclassification.
a. Bpualized Assessed Valuations. According to the records of the
County Assessor, the Total Initial Equalized Assessed Value of the Redevelopment Area for
which tax increment financing is to be adopted is approximately $12,032,218. The current ad
valorem tax levy rate in the Redevelopment Area is $6.07 per $100 of assessed valuation.
b. Anticipated Assessed Valuation. Upon completion of the
Redevelopment Project I and Redevelopment Project I-Phase A, the assessed value of the
Redevelopment Area is anticipated to increase $15,000,000. The increased assessed value will
yield annual Payment in Lieu of Taxes of approximately $150,000. With respect to anticipated
PII.OTs for the Redevelopment Area, the TIF Commission will undertake a Preliminary Master
Plan in conjunction with this Redevelopment Plan. The results of the Preliminary Master Plan
will determine the anticipated PILOTS for the Redevelopment Area.
2. Economic Activity Taxes. Economic Activity Taxes to be generated in
the Redevelopment Area consist of sales taxes and utility taxes.
a. Current Sales and Sales Tax Rates. There were no sales tax
revenues resulting from sales in the Redevelopment Area in 1995, the year prior to the year in
13
which this Redevelopment Plan is adopted. The current local sales tax rate for the Taxing
Districts is 1.5 ~ , which includes the 1 ~ City sales tax and the .5 ~ Platte County sales tax.
Beginning July 1, 1996, the County sales tax will increase to 1 ~ for a total local sales tax rate
for the Taxing District equal to 2.0 ~ .
b. Current UtilitkTax Rate. The current utility tax rate for the City
is 5~.
c. AnticiQated Sales and Utility Taxes. Upon termination of
Redevelopment Project I and Redevelopment Project I-Phase A, the Economic Activity Taxes
generated within the Redevelopment Area are expected to increase by $175,000. With respect
to anticipated Economic Activity Taxes for the Redevelopment Area, the TIF Commission will
undertake a Preliminary Master Plan in conjunction with this Redevelopment Plan. The results
of the Preliminary Master Plan will determine the anticipated EATS for the Redevelopment Area.
F. ~ecial Allocation Fund. The City shall establish and maintain the Special
Allocation Fund which shall contain two separate segregated accounts. Payments in Lieu of
Taxes shall be deposited into the PILOT Account within the Special Allocation Fund, and
Economic Activity Taxes shall be deposited into the Economic Activity Account within the
Special Allocation Fund. Payments in Lieu of Taxes and Economic Activity Taxes so deposited
and any interest earned on such deposits will be used for and are pledged for the payment of
Reimbursable Project Costs and for the distribution to the Taxing Districts, in the manner set
forth in the Act and Article VIII of this Redevelopment Plan.
VIII. DISBURSEMENTS FROM SPECIAL ALLOCATION FUND
All disbursements from the Special Allocation Fund will be made by the City out of the
two separate segregated accounts maintained within the Special Allocation Fund for Payments
in Lieu of Taxes and Economic Activity Taxes in proportion to the respective balances in each
such account at the time of such disbursement. The City shall make payments on outstanding
TIF Bonds as such payments come due out of funds available in the Special.Allocation Fund and
from any other source pledged for such payments. On April 1 of each year, until all TIF Bonds
are repaid and Reimbursable Project Costs incurred have been reimbursed, the City shall
determine the amount of funds necessary to pay the debt service and maintain debt service
reserve requirements on outstanding TIF Bonds through March 31 of the next succeeding
calendar year. Funds of such determined amount shall be disbursed to pay Reimbursable Project
Costs as outlined in Exhibit 7 in an order of priority to be determined by the TIF Commission
and the Board of Alderpersons at such time as the Preliminary Master Plan is completed and
reasonable revenue projections can be formulated in accordance with that Plan. The order of
priority shall consider the following sources of revenues for the Local Share of the Levee
.:.
I2rejeetldetlevelc~~ment Pt'ol~et ~:
1) City Deposit
2) Landowner Deposit
14
3) City NID Participation Payment
4) Landowner NID Premium Payment
5) Takeover of NID Annual Assessment
Funds remaining in the Special Allocation Account after all Redevelopment Projects are
completed, all TIF Bonds are fully retired and all Reimbursable Project Costs are fully paid, will
be returned to appropriate Taking Districts in accordance with the Act.
IX. PROCEDURES FOR PAYMENTS TO THE SPECIAL ALLOCATION FUND
A. Pavments in Lieu of Taxes. Following the designation of any Redevelopment
Project Area, for as long as such Redevelopment Project Area is subject to tax increment
fmancing, the County Assessor shall determine the assessed value of the Redevelopment Project
Area without regard to tax increment financing. The County Collector shall collect sums due
from real property within such Redevelopment Project Area in accordance with the current
equalized assessed valuation and tax levies in effect for each year. The amount collected which
represents Payments in Lieu of Taxes shall be paid by the County Collector within 30 days after
collection to the City and the City shall immediately deposit the amount paid into the PILOT
Account within the Special Allocation Fund, to be utilized and expended in accordance with the
Act and this Redevelopment Plan.
B. Economic Activity Taxes. Following the designation of any Redevelopment
Project Area, for as long as such Redevelopment Project Area is subject to tax increment
fmancing, Economic Activity Taxes generated within such Redevelopment Project Area shall be
determined and deposited into the Economic Activity Account within the Special Allocation Fund
in accordance with the following procedures:
1. Documentation of Economic Activity Takes b~TaxRayers. No later than
thirty (30) days following payment of any Economic Activity Tax the taxpayer or its agent or
representative shall present to the TIF Commission documentation of the type and amount of the
Economic Activity Taxes paid. The documentation presented must clearly establish the type and
amount of taxes paid and transactions which occurred which generated Economic Activity Taxes
and may include certificates or actual tax returns, original sales records or similar specific
business records of the taxpayer.
2. Cert~cation by TIF Commission. The TIF Commission, following
reasonable research and investigation, using. independent consultants, accountants and counsel
when appropriate, shall certify the nature and amount of Economic Activity Taxes payable by
each Taxing District from which Economic Activity Taxes are due.
3. Presentation to Taxin~~Districts. The TIF Commission shall deliver by
mail or hand delivery its certification of Economic Activity Taxes payable by each Taxing
District to the governing body of each such Taxing District. Each Taxing District shall within
30 days of receiving the certification or within 30 days after receiving any such Economic
15
Activity Taxes, whichever,is later, appropriate the amount of Economic Activity Taxes actually
received and pay the appropriate sum to the City.
4. Deposit of Funds. The City shall deposit the payments of Economic
Activity Taxes received from the respective Taxing Districts in the Economic Activity Account
in the Special Allocation Fund, to be utilized and expended in accordance with the Act and this
Redevelopment Plan.
X. PROVISIONS FOR AMENDING THE TAX INCREMENT PLAN
This Redevelopment Plan may be amended only pursuant to the provisions of the Act.
XI. TERNIINATION OF TAX INCREMENT FINANCING
Tax increment fmancing for the Redevelopment Projects and their corresponding
Redevelopment Project Areas shall remain in effect for a period of 23 years from the date of the
Ordinance approving the corresponding Redevelopment Project and adopting tax increment
fmancing for the Redevelopment Project Area, except that tax increment financing may be
terminated earlier by Ordinance in the event all Obligations have been retired and all
Reimbursable Project Costs incurred or expected to be incurred have been paid.
Tax increment fmancing shall be terminated for each Redevelopment Project Area by the
adoption of an Ordinance of the City Council which terminates the designation of the
Redevelopment Project Area under the Act or by any other method authorized by the Act.
XII. REQUIRED STATUTORY FINDINGS
With the approval of this Redevelopment Plan, the Board of Alderpersons has made the
fmdings set forth in Exhibit 10 as required by the Act.
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