projects as permitted under the CID Act; and tangible personal property at retail or rendering or furnishing services within a CID in

Transcription

1 ORDNANCE NO. 37 AN ORDNANCE MAKNG FNDNGS AS TO THE ADVSABLTY OF AND CREATNG A COMMUNTY MPROVEMENT DSTRCT AT 605 TRAVS LANE, MSSON, KANSAS; AUTHORZNG CERTAN COMMUNTY MPROVEMENT DSTRCT PROJECTS RELATNG THERETO; APPROVNG THE MAXMUM COST OF SUCH COMMUNTY MPROVEMENT PROJECTS; PROVDNG FOR THE METHOD OF FNANCNG; AUTHORZNG THE MPOSTON OF A COMMUNTY MPROVEMENT DSTRCT SALES TAX WTHN THE COMMUNTY MPROVEMENT DSTRCT; ESTABLSHNG A METHOD OF COLLECTON OF SUCH SALES TAX; AND PROVDNG FOR THE SEGREGATON OF SUCH SALES TAX REVENUES FOR THE RETREMENT OF BONDS OR PAY -AS -YOU GO REMBURSEMENT OF THE COSTS OF THE COMMUNTY MPROVEMENT PROJECTS N THE COMMUNTY MPROVEMENT DSTRCT. WHEREAS, pursuant to the Community mprovement District Act, K.S. A. 2-6a26 through K S A. 2-6a36, inclusive, and amendments thereto, (the "CD Act the City of Mission, Kansas (the "City is authorized to approve a petition by at least 55% of the owners of all land within the proposed community improvement district (a CD " for the creation of a CD, and to approve certain community improvement district projects as permitted under the CD Act; and WHEREAS, the CD Act further authorizes the City, in order to pay the costs of such projects, to impose a community improvement district sales tax on the selling of tangible personal property at retail or rendering or furnishing services within a CD in any increment of.0% or.25% not to exceed 2.0% and to reimburse the costs of community improvement district projects from community improvement district sales tax; and WHEREAS, a petition (the "Petition was filed with the City Clerk of the City on or about December 0, 2009, requesting the creation of a CD ( the "Mission Crossing CD the making of or expenditure of funds for community improvement district projects relating thereto and the imposition of a community improvement district sales tax in order to pay the costs of such projects; and WHEREAS, the Petition was signed by the owners of record of all of the land area within the proposed district; and

2 WHEREAS, a legal description of the proposed community improvement district is attached hereto as Exhibit A, and a map depicting the boundaries of the proposed community improvement district is attached hereto as Exhibit B; and WHEREAS, the CD Act provides that prior to creating any CD, the Governing Body shall, by resolution, direct and order a public hearing on the advisability of creation of such CD and the construction and expenditure of costs of community improvement district projects relating thereto, and to give notice of the hearing by publication once each week for two consecutive weeks in the official City newspaper, the second publication to be at least seven days prior to the hearing, and the mailing of notice to the owners of property within the proposed CD; and WHEREAS, the Governing Body of the City adopted Resolution No. 778 ( the Resolution on December 6, 2009, directing that a public hearing on the proposed Mission Crossing CD be held on January 20, 200, and requiring that the City Clerk provide for notice of such public hearing as set forth in the Act; and WHEREAS, the Resolution was published once each week for two consecutive weeks as required by law and notice of the public hearing was given to all property owners within the proposed CD as required by the CD Act; and WHEREAS, on January 20, 200, the Governing Body of the City conducted a public hearing on the proposed "Mission Crossing CD the proposed community improvement district projects relating thereto, the method of financing the same and the imposition of a community improvement district sales tax; and WHEREAS, the Governing Body of the City hereby finds and determines it to be advisable to create the Mission Crossing CD and set forth the boundaries thereof, authorize CD Projects relating thereto, approve the maximum costs of such community improvement district projects, approve the method of financing the same and impose the community improvement district sales tax, all in accordance with the provisions of the CD Act. NOW, THEREFORE, BE T ORDANED BY THE GOVERNNG BODY OF THE CTY OF MSSON, KANSAS, AS FOLLOWS: Section. Creation of Mission Crossing CD District. The Governing Body of the City hereby finds and determines it is advisable to create the Mission Crossing CD within the City and approve the boundaries thereof, and, as such, hereby creates the Mission Crossing CD and approves the boundaries thereof. A legal description of the property within the Mission Crossing CD is set forth on Exhibit A attached hereto and incorporated by reference. A map generally outlining the boundaries of the Mission Crossing CD is attached hereto as Exhibit B and incorporated herein by reference. Section 2. Authorization of CD Projects. The Governing Body of the City hereby finds and determines that it is advisable to authorize the community improvement 2

3 district projects described on the attached Exhibit C, incorporated herein by reference, the "CD Projects within the Mission Crossing CD and as such authorizes the CD Projects. Section 3. Maximum Cost. The estimated cost of the CD Projects, exclusive of administrative fees 25,000, 000. and costs to be paid to the State of Kansas and to the City, is Section 4. Method of Financing. The CD Projects will be financed by special obligation CD bonds or on a pay as you go basis payable from revenues received from the imposition of a community improvement district sales tax in the amount of one percent (.00 ( the " CD Sales Tax on the selling of tangible personal property at retail or rendering or furnishing services taxable pursuant to the provisions of the Kansas retailer's sales tax act within the Mission Crossing CD. There will be no special assessments levied pursuant to the Act within the boundaries of the Mission Crossing CD. There will be no bonds issued pursuant to the CD Act. Section 5. mposition of Community mprovement District Sales Tax. n order to provide for the payment of costs of the CD Projects, the Governing Body of the City hereby imposes the CD Sales Tax within the Mission Crossing CD in an amount of one percent (.00 on the selling of tangible personal property at retail or rendering or furnishing services taxable pursuant to the provisions of the Kansas retailers' sales tax act within the Mission Crossing CD with such CD Sales Tax to commence on the Effective Date, or any other effective date the City may approve by ordinance if a change in the effective date outlined herein is requested in writing by all owners of record in the district. Section 6. Collection of the Sales Tax. The collection of the CD Sales Tax shall be made in the manner prescribed by the CD Act. Section 7. Segregation of Sales Tax Revenues. All revenues derived from the collection of the CD Sales Tax shall be deposited into a special fund of the City to be designated as the Mission Crossing CD Sales Tax Revenue Fund. Such revenues shall be used to retire issued special obligation CD bonds or pay the costs of the CD Projects on a pay as- - you -go basis and related expenses, including administrative fees and reimbursement to be paid to the State of Kansas and to the City. Section 8. Development Agreement. Prior to the publication of this Ordinance, the applicant for the CD shall enter into a Development Agreement with the City, upon terms and conditions acceptable to the Governing Body. Section 9. Effective Date. This Ordinance shall take effect from and after its passage by the Governing Body of the City, but its publication shall be delayed until the applicant for the CD has executed the Development Agreement described in Section 8 above. f the applicant has not satisfied this condition on or before June, 200, this Ordinance shall not effective. Upon satisfaction of the foregoing condition, this Ordinance shall be published once, and be in full force and effect upon such publication. 3

4 Publication of this Ordinance shall be conclusive evidence of the satisfaction of the foregoing condition ADOPTED by the Governing Body of the City of Mission, Kansas on January 20, ATTEST: au Au Martha Sumrall, City Clerk APPROVED AS TO FORM ONLY: David K. Martin, City Att ey 4

5 LEGAL DESCRPTON A TRACT OF LAND THAT S A PART OF THE SOUTHWEST QUARTER (SW /4) OF SECTON EGHT (8), TOWNSHP TWELVE (2) SOUTH, RANGE TWENTY FVE (25) EAST, OF THE 6TH PRNCPAL MERDAN, JOHNSON COUNTY, STATE OF KANSAS, DESCRBED AS FOLLOWS: COMMENCNG AT THE NORTHWEST CORNER OF SAD SOUTHWEST QUARTER (SW /4); THENCE SOUTH 02 '59" EAST ON THE WEST LNE OF SAD SOUTHWEST QUARTER A ATSTAPDE OF FEET TO A PONT ON THE WESTERLY EXTENSON Oft THE CENTERLNE OF MARTWAY STREET; THENCE NORTH g8 2'58" EAST ON SAD CENTERLNE A DSTANCE OF FEET TO THE PONT OF BEGNNNG; THENCE CONTNUNG NORTH 88 2'58" EAST ON SAD CENTERLNE A DSTANCE OF FEET TO THE NORTHERLY EXTENSON OF THE EAST RGHT OF WAY Lae OF BROADMOOR STREET; THENCE SOUTH 0 48'58" EAST ON SAD EAST RGHT OF WAY LNE A DSTANC=E OF rttt TO THE EASTERLY EXTENSON OF THE SOUTH RGHT OF WAY LNE OF 6ST STREET; THENCE SOUTH 88 06' 36" WEST ON SAD SOUTHERLY RGHT OF WAY LNE A DSTANCE OF FEET; THENCE NORTH 02 '59" WEST A DSTANCE OF FEET TO THE PONT OF BEGNNNG CONTANNG 44,367 SQUARE FEET OR ACRES.

6 ZONNG EXHBT PART OF THE SW /4 OF SECTON 8 TOWNSHP 2 SOUTH, RANGE 25 EAST, 6T4 P.M. JOHNSON COUNTY, KANSAS T rcornerag NORTH " EAST ' r- Yd 6V -- e f io 3 a' m NSSON KS ' A ks 5 L L SOUTH 85TH 88'06 WEST ' j SCALE " 200' nm ue ma w0wti a RAF} 03'7342 fak f CEeleGR OF / WSZADOn Ma ạat 34 20

7 Proposed Community mprovement District Project is to: The general nature of the proposed community improvement district project (the "Projects Promote the redevelopment of a commercial property, as herein; and is more particularly described Stimulate quality retail development to enhance the City's economic base; and Attract and promote mixed ūse, including, potentially, residential, urban development; and Allow for the construction of infrastructure, including infrastructure beyond what the City would require or otherwise build; and To stimulate development within an area targeted by the City for redevelopment; and To address specific constraints to the property more particularly described herein making development difficult and costly; and ncluding, more specifically, to promote the redevelopment and revitalization of a blighted portion of the City's West Gateway commercial district in coordination with the West Gateway Plan, as is more particularly described herein, (the "District by providing community improvement district financing in accordance with this petition and with the Act to finance the construction, maintenance, and procurement of certain improvements, costs, and services within the District, including, but not limited to land acquisition, infrastructure related items, streets, sidewalks, parking Lots and facilities, buildings, facilities, tenant improvements, water management and drainage related items, landscaping, lighting, art, water features and other cultural amenities, park facilities and pedestrian trails, ongoing maintenance of the District, marketing, advertisement and economic development, cleaning and maintenance, and the City and the developer's administrative costs in establishing and maintaining the District, and any other items permitted to be financed within the District under the Act.