ORDINANCE NO. CID-3026

Similar documents
BACKGROUND DISCUSSION

ORDINANCE NO. AN ORDINANCE

AN ORDINANCE APPROVING THE PETITION OF HDH, LLC AND STL BROADWAY HOTEL, LLC AS OWNERS OF CERTAIN REAL PROPERTY, TO ESTABLISH A COMMUNITY IMPROVEMENT

ORDINANCE NO WHEREAS, said survey and description was prepared and is maintained at the Lenexa City Hall.

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

STATE OF KANSAS HOUSE OF REPRESENTATIVES. I move to amend HB 2396, on page 1, following line 7, by inserting:

ORDINANCE NO (As Amended)

ATTACHMENT A HCIDL A Request for Issuance of Bonds for Skid Row Southeast 1. Resolution for Skid Row Southeast 1 on next page.

BE IT ORDAINED by the Borough Council of the Borough

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

WESTFIELD-WASHINGTON ADVISORY PLAN COMMISSION December 7, SPP-24 & 1512-ODP-24

THIS VOLUNTARY SETTLEMENT AGREEMENT CONCERNING A DEVELOPMENT OF. entered into this day of, 2014, and executed in triplicate originals

Stormwater Treatment Facility Maintenance Agreement

EXHIBIT A-1 PERFORMANCE BOND AGREEMENT. THIS AGREEMENT is entered into by and between GARLAND GRIFFIN HOMES,

O R D I N A N C E NO AN ORDINANCE, establishing a subdistrict in St. Louis. County, Missouri, to be known as Subdistrict No.

GUARANTEE Issued by CASCADE TITLE CO. OF COWLITZ COUNTY acting as agent for OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A

First American Title Insurance Company

ORDINANCE NO. 911 AN ORDINANCE OF THE COUNTY OF RIVERSIDE ESTABLISHING BOUNDARIES OF SUPERVISORIAL DISTRICTS OF SAID COUNTY

H 5815 S T A T E O F R H O D E I S L A N D

APPENDIX A - CHARTER ORDINANCES

buy-back agreement Schedule D to the Agreement of Purchase and Sale Between: Halifax Regional Municipality and [Purchaser s Name]

Legislation Passed March 22, 2016

Policy No.: F-7 CITY OF OLATHE COUNCIL POLICY STATEMENT. Date Issued: Effective Date: Cancellation Date:

SERVICE PLAN FOR METROPOLITAN DISTRICT[S] CITY OF THORNTON, COLORADO. Prepared [NAME OF PERSON OR ENTITY] [ADDRESS] [ADDRESS] [DATE]

THIS AGREEMENT, made and entered into this 19th day of November by and between COUNTY OF NAPA, a political subdivision of the State

H 6268 S T A T E O F R H O D E I S L A N D

ENCLOSURES TO BE SUBMITTED WITH INVITATION TO OFFER

NC General Statutes - Chapter 136 Article 2E 1

License Agreement for Screening Wall at Woodward Ave. October 1, The Honorable Mayor Ellison and Members of the City Commission:

City of Olathe Stormwater Treatment Facility Maintenance Agreement

MAINTENANCE AND PERFORMANCE BONDS

CHAPTER 32 PLUMBING CODE

LAFAYETTE TOWNSHIP SUSSEX COUNTY, NEW JERSEY ORDINANCE

ORDINANCE NO. os;/w /u::;

ORDINANCE NUMBER_2435

Mayor Laurel Lunt Prussing and Members of the City Council William R. Gray, P.E., Public Works Director DATE: March 10, 2016

PETITION FOR CREATION OF SAINT GEORGE PLACE MANAGEMENT DISTRICT

Chicago Title Insurance Company

CITY COMMISSION MEETING Winfield, Kansas AGENDA

The Urban Renewal Authority of Pueblo

MIDSTATE TITLE AGENCY, LLC 324 N. 120th Ave., Ste. 20 Holland, MI Ph: Fax:

ORDINANCE NO. WHEREAS, Grantee shall pay the City of El Paso for this special privilege;

Nebraska Public Schools: Statutes Related to the Construction of Improvements to Real Property

12. CONSIDERATION OF A DEED OF EASEMENT AND MAINTENANCE AGREEMENT WITH ENVIVA PELLETS SOUTHAMPTON, LLC

DOUGLAS COUNTY RESOLUTION NO CITY OF LAWRENCE RESOLUTION NO. 5094

NC General Statutes - Chapter 160A Article 12 1

Holladay Budget Amendments for

CITY COUNCIL CITY OF PALMDALE, CALIFORNIA RESOLUTION NO. CC

TRUTH IN TAXATION - ALL TAXING DISTRICTS

IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS, DIVISION

IN THE NINETEENTH JUDICIAL DISTRICT COURT

FIRST SUPPLEMENTARY DECLARATION TO DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR THE PLANTATION AT BAY CREEK SUBDIVISION

HERITAGE GREENS OF HUDSON MASTER DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS

Each Meeting Called to Order Roll Call Declaration of Quorum

GROUND LESSOR S CERTIFICATE. LLC, a Delaware limited liability company. City: City of Manhattan, Kansas (the City )

FACILITY USE AGREEMENT

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS FAITHFUL PERFORMANCE BOND. For Tract/Parcel Map No.

DEPARTMENT OF DEVELOPMENT SERVICES PLANNING FEES AND COSTS Revised 10/26/2012

PLAINFIELD CHARTER TOWNSHIP KENT COUNTY, MICHIGAN ORDINANCE NO. RESOLUTION NO.

AN ORDINANCE TO APPROVE THE CENTRAL LAKE DOWNTOWN DEVELOPMENT AUTHOURITY DEVELOPMENT AND TIF PLAN.

St. Louis City Ordinance 63101

PRELIMINARY RESOLUTION (Overlook-Chelsea LLC 2014 Project)

IV.-D. County of Hanover. Board Meeting: August 27, 2014

AGREEMENT BETWEEN THE CITY OF CRESTWOOD, MO AND BIEG PLUMBING COMPANY FOR ON-CALL PLUMBING SERVICE FOR THE PERIOD

Recommended Vacation Procedures for Public Streets, Alleys or Easements in Unincorporated St. Louis County

Fidelity National Title Company

DEC 2 9 2m. Jd/ TOWNSHIP ROAD DISTRICT TAX LEVY ORDINANCE ORDINANCE #

CHICAGO TITLE INSURANCE COMPANY P.O. Box 45023, Jacksonville, Florida (877) FAX (904)

162 Washington Avenue, Albany, NY 12231

First American Title Insurance Company. National Commercial Services

ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE. No. 43 of 1978

Waupaca County Planning & Zoning

COMMONWEALTH OF KENTUCKY CITY OF LONDON ORDINANCE NO AN ORDINANCE ESTABLISHING EROSION AND STORM WATER CONTROL

Section 801 Driveway Access Onto Public Right-of-Ways

OPTION AGREEMENT TO PURCHASE OIL, NATURAL GAS AND RELATED HYCROCARBONS

MIDSTATE TITLE AGENCY, LLC 324 N. 120th Ave., Ste. 20 Holland, MI Ph: Fax:

L ( 4 ORDINANCE NO. Street. more fully. compensation. ooooooo. passed granting S.P.G. International, Inc. the right, privilege and.

RESOLUTION NO RESOLUTION OF THE BOARD OF COMMISSIONERS MORRIS COUNTY IMPROVEMENT AUTHORITY

M E M O R A N D U M. Mayor Prussing and Members of the Urbana City Council

MOBILE HOME LAW. Revised November 2001

TAX LEVY ORDINANCE ROAD DISTRICT 13 OCT 30 PM \2-30

Staff Report General Development Plan/Master Plan Aldermanic District: 1 County Commission District: 2 MPC File No PLAN February 23, 2016

Fence By-law. PS-6 Consolidated May 14, This by-law is printed under and by authority of the Council of the City of London, Ontario, Canada

OPERATION AND MAINTENANCE AGREEMENT STORMWATER FACILITIES BEST MANAGEMENT PRACTICES (BMP)

RELEVANT GOVT CODE AND ED CODE SECTIONS FOR SCHOOL DIST GO BONDS

STORMWATER BEST MANAGEMENT PRACTICES (BMPs) & CONVEYANCES OPERATION & MAINTENANCE AGREEMENT

TOWN OF JUPITER. Honorable Mayor and Members of Town Council Andrew D. Lukasik, Town Manager. David L. Brown, Director of Utilities

FRENCH QUARTER ECONOMIC DEVELOPMENT DISTRICT

SETTLEMENT AGREEMENT. This Settlement Agreement (this Agreement ) is made and entered into to be

Illinois Department of Revenue Regulations

SANITARY SEWER REBATE AGREEMENT FOR THE WYE AREA CENTRAL SANITARY SEWER COLLECTION MAINS, PUMPING STATIONS, FORCE MAINS, AND RELATED APPURTENANCES

CASS COUNTY COMMISSION POLICY MANUAL ADOPTED DATE: FEBRUARY 2, 1998 PAGE 1 OF 9

1. Date 2. Page 1 of pages. 3. RECEIVED OF 4.

BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FREDONIA, ARIZONA:

Welcome to FLCLASS. Thank you for choosing FLCLASS! Sincerely, The FLCLASS Board of Trustees New Broad Street Orlando, FL 32814

TRANSFER AND CONVEYANCE STANDARDS OF THE FRANKLIN COUNTY AUDITOR AND THE FRANKLIN COUNTY ENGINEER AS ADOPTED UNDER OHIO REVISED CODE SECTION 319.

City of Great Bend. Monday, November 10, 2008

EMERGENCY SERVICES CONTRACT BETWEEN THE CITY OF GEORGETOWN, TEXAS AND THE WILLIAMSON COUNTY SERVICES DISTRICT #8 (Amended September, 2010)

TITLE I ORGANIZATION AND STRUCTURE. Board of Supervisors - Structure 1.1. Special Assessment Reimbursement Fee 1.3

AGREEMENT OF PURCHASE AND SALE

Transcription:

ORDINANCE NO. CID-3026 AN ORDINANCE MAKING FINDINGS AS TO THE NATURE AND ADVISABILITY OF CREATING A COMMUNITY IMPROVEMENT DISTRICT AT THE SOUTHWEST CORNER OF COLLEGE BOULEVARD & US 69 HIGHWAY; CREATING SAID COMMUNITY IMPROVEMENT DISTRICT; AUTHORIZING CERTAIN COMMUNITY IMPROVEMENT PROJECTS RELATING THERETO; APPROVING THE MAXIMUM COST OF SUCH COMMUNITY IMPROVEMENT PROJECTS; ESTABLISHING THE BOUNDARIES OF THE COMMUNITY IMPROVEMENT DISTRICT; PROVIDING FOR THE METHOD OF FINANCING OF THE COMMUNITY IMPROVEMENT DISTRICT; PROVIDING FOR THE METHOD OF ASSESSMENT OF THE COMMUNITY IMPROVEMENT DISTRICT; DECLARING THE INTENT TO DISSOLVE THE COMMUNITY IMPROVEMENT DISTRICT UNDER CERTAIN CIRCUMSTANCES; APPROVING THE EXECUTION AND DELIVERY OF A DEVELOPMENT AGREEMENT; AND ACKNOWLEDGING AND CONSENTING TO THE WITHDRAW OF A TDD PETITION. WHEREAS, pursuant to K.S.A. 12-6a26 et seq., as amended (the Act ), municipalities are authorized to create community improvement districts for economic development purposes and any other purpose for which public money may be expended; and WHEREAS, the City of Overland Park, Kansas (the City ), is a municipality within the meaning of the Act; and WHEREAS, the Act further authorizes the City, in order to pay the community improvement district project costs, to levy special assessments in the community improvement district to be paid in installments, to impose a community improvement district sales tax on the selling of tangible personal property at retail or rendering or furnishing services within a community improvement district in any increment of.10% or.25% not to exceed 2.0% and to issue special obligation bonds payable from such community improvement district sales tax; and WHEREAS, a petition (the Petition ) was filed by B. Francis Saul II, as Trustee for B.F. Saul Real Estate Investment Trust and Dearborn, L.L.C., a Delaware limited liability company f/k/a Dearborn Corporation (collectively the Petitioners ), with the City Clerk of the City on February 12, 2014 requesting (a) the creation of a community improvement district located generally at the southwest corner of College Boulevard & US 69 Highway within the City (the City Place CID ); (b) the making of improvements related thereto; and (c) the community improvement district project costs to be incurred within the City Place CID be financed with special obligation notes and bonds, all in accordance with the Act; acknowledging that under certain circumstances the City will take steps to dissolve the City Place CID; and withdrawing a transportation development district petition titled Petition for the Creation of City Place Transportation Development District #1 filed with the City by the Petitioners on November 18, 2013 (the TDD Petition ); and

WHEREAS, said Petition was signed by the owners of record, whether resident or not, of all of the land area within the proposed City Place CID excluding public right of way; and WHEREAS, the Act provides that upon filing of said Petition, a governing body may proceed without notice or a hearing to make findings by resolution or ordinance as to the nature, advisability and estimated cost of the project, the boundaries of the district and the amount and method of assessment; and WHEREAS, the Governing Body of the City hereby finds and determines it to be advisable to create the City Place CID and set forth the boundaries thereof, authorize community improvement projects relating thereto, approve the maximum costs of such community improvement projects, approve the method of financing the same, and establish the amount and method of assessment, all in accordance with the provisions of the Act; and WHEREAS, the Governing Body of the City hereby finds and determines that it is advisable to declare the intent of the City to dissolve the City Place CID if College 69 Associates, L.L.C., a Kansas limited liability company (the Developer ) does not execute and close on the land purchase documents under which the Petitioners transfer all of their right, title and interest in the property contained in the City Place CID to the Developer; and WHEREAS, the Governing Body of the City hereby finds and determines that it is advisable enter into a development agreement with the Developer, to establish the rights and responsibilities of the Developer and the City with respect to the disbursement of revenue received from the levy of special assessments against property in the proposed City Place CID; and WHEREAS, the Governing Body of the City hereby further finds and determines that it is appropriate and advisable to acknowledge and consent to the Petitioner s withdrawal of the TDD Petition. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS, AS FOLLOWS: Section 1. Creation of City Place Community Improvement District; Approval of Boundaries. The Governing Body of the City hereby finds and determines that it is advisable to create the City Place CID within the City and approve the boundaries thereof, and, as such, hereby creates the City Place CID and approves the boundaries thereof. A legal description of the property within the City Place CID is set forth on Exhibit A attached hereto and incorporated herein by reference. A map generally outlining the boundaries of the City Place CID is attached hereto as Exhibit B and incorporated herein by reference. Section 2. Authorization of Community Improvement District Projects; Maximum Costs. The Governing Body of the City hereby authorizes the project within the City Place CID described on Exhibit C attached hereto (the Project ) and determines the maximum cost of the Project is Six Million Thirty-One Thousand Four Hundred Twenty-Eight and 00/100 Dollars ($6,031,428.00), plus the CID Administrative Fee as defined by, and imposed pursuant to, that certain Development Agreement between the City and the Developer. Notwithstanding the approval of the Project by this Ordinance, the Project and owner or owners of all property 2

comprising the Project must comply with all applicable zoning, planning, permit and other laws and regulations applicable to the Project. Section 3. Method of Financing. The Project within the proposed City Place CID will be financed with special obligation notes and bonds payable from special assessments levied upon property within the City Place CID. No community improvement district sales tax will be imposed on sales within the boundaries of the proposed City Place CID. Section 4. Amount and Method of Special Assessment. The proposed amount of special assessment is up to Six Million Thirty-One Thousand Four Hundred Twenty-Eight and 00/100 Dollars ($6,031,428.00). The total assessment amount shall be spread per square foot of land area, excluding right-of-way, and shall be levied in installments on an annual basis for a maximum of twenty (20) years in equal installments each year. Section 5. Intent to Dissolve CID. In the event that the Developer does not execute and close on the land purchase documents under which the Petitioners transfer all their right and title in land contained in the City Place CID to the Developer on or before June 1, 2014, or another date mutually agreed to by the parties, it is the intent of the City to take the necessary action to dissolve the City Place CID. Section 6. Authorization to Execute Development Agreement. The Mayor, City Clerk and other appropriate officers of the City are hereby authorized and directed to execute, attest, acknowledge and deliver for and on behalf of and as the act and deed of the City, the Development Agreement between the City and the Developer in substantially the form on file with the City Clerk, with such changes as may be approved by the City Attorney. The Mayor, City Clerk and other appropriate officers of the City are hereby authorized and directed to execute, attest, acknowledge and deliver for and on behalf of and as the act and deed of the City, any other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance. Section 7. Withdrawal of the TDD Petition. The Governing Body of the City hereby acknowledges and consents to the Petitioner s withdrawal of the TDD Petition. Section 8. Effective Date. This Ordinance shall be in full force and take effect from and after its passage, approval and publication once in an official City newspaper. When this Ordinance becomes effective in accordance with this Section, the City Clerk is hereby authorized to submit this Ordinance to the Register of Deeds, referred to in Johnson County as the Office of Records and Tax Administration for recording. [Remainder of Page Intentionally Left Blank] 3

PASSED by the City Council this 17 th day of February, 2014. APPROVED by the Mayor this 17 th day of February, 2014. CITY OF OVERLAND PARK, KANSAS (SEAL) ATTEST: By: /s/ Carl Gerlach Carl Gerlach Mayor By: /s/ Marian Cook Marian Cook City Clerk APPROVED AS TO FORM: By: /s/ Tammy M. Owens Tammy M. Owens Deputy City Attorney APPROVED AS TO FORM: By: /s/ Dorothea K. Riley Dorothea K. Riley Kutak Rock LLP

EXHIBIT A Legal Description of City Place Community Improvement District All that part of the Northeast Quarter of Section 14, Township 13 South, Range 24 East, in the City of Overland Park, Johnson County, Kansas, described as follows: COMMENCING at the Northwest corner of the Northeast Quarter of Section 14, Township 13 South, Range 24 East; thence North 88 degrees 13 minutes 33 seconds East along the North line of the Northeast Quarter of said Section 14 a distance of 80.80 feet to a point; thence South 1 degree 46 minutes 27 seconds East a distance of 60.01 feet to a point on the South right of way line of College Boulevard, the POINT OF BEGINNING; thence North 88 degrees 13 minutes 30 seconds East along the South right of way line of College Boulevard a distance of 755.47 feet to a point; thence South 87 degrees 57 minutes 36 seconds East along the South right of way line of College Boulevard a distance of 150.32 feet to a point; thence North 88 degrees 13 minutes 33 seconds East along the South right of way line of College Boulevard a distance of 465.04 feet to a point; thence South 89 degrees 07 minutes 29 seconds East along the South right of way line of College Boulevard a distance of 431.50 feet to a point on the West right of way line of US 69 Highway; thence South 1 degree 38 minutes 29 seconds East along the West right of way line of US 69 Highway a distance of 138.60 feet to a point; thence in a Southeasterly direction along the West right of way line of US 69 Highway and along a curve to the left whose initial tangent bears South 1 degree 41 minutes 33 seconds East, having a radius of 459.26 feet, through a central angle of 45 degrees 47 minutes 54 seconds, an arc distance of 367.10 feet to a point; thence South 47 degrees 25 minutes 34 seconds East along the West right of way line of US 69 Highway a distance of 227.98 feet to a point; thence South 47 degrees 28 minutes 40 seconds East a distance of 82.14 feet to a point; thence in a Southeasterly direction along a curve to the right, having a radius of 904.93 feet, through a central angle of 7 degrees 45 minutes 02 seconds, an arc distance of 122.41 feet to a point; thence in a Southeasterly direction along a curve to the right whose initial tangent bears South 21 degrees 57 minutes 18 seconds East, having a radius of 930.00 feet, through a central angle of 7 degrees 31 minutes 49 seconds, an arc distance of 122.23 feet to a point; thence South 14 degrees 25 minutes 29 seconds East a distance of 810.42 feet to a point; thence South 89 degrees 20 minutes 56 seconds West a distance of 61.78 feet to a point on the West right of way line of US 69 Highway; thence South 14 degrees 25 minutes 29 seconds East along the West right of way line of US 69 Highway a distance of 317.40 feet to a point; thence South 2 degrees 44 minutes 46 seconds East along the West right of way line of US 69 Highway a distance of 211.00 feet to a point on the Easterly prolongation of the Northerly line of College Park Estates, Second Plat, a subdivision in the City of Overland Park, Johnson County, Kansas; thence South 88 degrees 40 minutes 01 seconds West along the Northerly line of said College Park Estates, Second Plat and said prolongation a distance of 809.15 feet to a point; thence North 1 degree 19 minutes 39 seconds West along the Northerly line of said College Park Estates, Second Plat and the Easterly line of College Park Estates, a subdivision in the City of Overland Park, Johnson County, Kansas, a distance of 411.93 feet to the Northeasterly corner of said College Park Estates; thence North 62 degrees 42 minutes 33 seconds West along the Northerly line of said College Park Estates a distance of 750.00 feet to a point; thence South 27 degrees 17 minutes 27 seconds West along the Northerly line of said College Park Estates a distance of 500.00 feet to a point; thence North 62 degrees 42 minutes 33 A-1

seconds West along the Northerly line of said College Park Estates and the Northerly line of Blue Valley Estates, a subdivision in the City of Overland Park, Johnson County, Kansas, a distance of 939.80 feet to a point on the East right of way line of Nieman Road; thence North 1 degree 26 minutes 55 seconds West along the East right of way line of Nieman Road a distance of 643.85 feet to a point; thence North 1 degree 47 minutes 54 seconds East along the East right of way line of Nieman Road a distance of 282.20 feet to a point; thence North 1 degree 01 minutes 39 seconds East along the East right of way line of Nieman Road a distance of 420.78 feet to a point; thence in a Northerly direction along the East right of way line of Nieman Road and along a curve to the left, having a radius of 1045.00 feet, through a central angle of 2 degrees 28 minutes 34 seconds, an arc distance of 45.16 feet to a point; thence North 20 degrees 10 minutes 48 seconds East along the East right of way line of Nieman Road a distance of 43.41 feet to the POINT OF BEGINNING and containing 4,054,604 Square Feet or 93.0809 Acres, more or less. A-2

EXHIBIT B MAP City Place Community Improvement District B-1

EXHIBIT C PROJECT GENERAL PROJECT DESCRIPTION The general components of the CID Project include, but are not limited to: design and construction of 113 th Street and Indian Creek Parkway, improvements to include the streets; sidewalks; streetscape; sanitary and storm sewers; drainage conduits, basin, and channels, including the relocation and reengineering of the onsite stream way; street light fixtures; water main and extensions; public trail corridor system; entrance monuments power infrastructure; earthwork; retaining walls; utility improvements and relocation; landscaping; and all associated costs and fees, (the Project ). C-1