City of St. Robert, MO Chapter 125 Tax Increment Financing Commission

Section 125.010 Establishment of Commission.

[Ord. No. 414 §1, 11-6-1995]

There is hereby ordered established pursuant to the Act a tax increment financing commission for the City to be known and referred to as the "Tax Increment Financing Commission of the City of St. Robert, Missouri" (herein called the "Commission").

Section 125.020 Composition — Terms of Office.

[Ord. No. 414 §2, 11-6-1995; Ord. No. 1865 §1, 1-23-2006]

A. The TIF Commission shall be composed of eleven (11) members who shall be appointed as follows:

1. Six (6) members shall be appointed by the Mayor with the consent of the majority of the Board of Aldermen. Two (2) of the members appointed by the City shall be designated to serve for terms of two (2) years, two (2) shall be designated to serve for a term of three (3) years and two (2) shall be designated to serve for a term of four (4) years from the date of such initial appointments. Thereafter, the members appointed by the City shall serve for a term of four (4) years, except that all vacancies shall be filled for unexpired terms in the same manner as were the original appointments. Promptly after adoption of this Section, new members shall be appointed in accordance with this paragraph.

2. Two (2) members shall be appointed by the school board whose district is included within a proposed redevelopment plan or redevelopment area and such members shall be appointed in any manner agreed upon by the affected districts.

3. Two (2) members shall be appointed by the Presiding Commissioner of Pulaski County with the consent of the majority of the County Commission of Pulaski County.

4. One (1) member shall be appointed, in any manner agreed upon by the affected districts, to represent all other districts levying ad valorem taxes within the area selected for a redevelopment project or a redevelopment area, excluding representatives of the Board of Aldermen.

B. At the option of the members appointed by the City, the members who are appointed by the school boards and other taxing districts may serve on the TIF Commission for:

1. A term to coincide with the length of time that a redevelopment project, redevelopment plan or designation of a redevelopment area is considered for approval by the Commission, or

2. For a definite term as specified by the TIF Commission. If the members representing the school district and other taxing districts are appointed for a term coinciding with the length of time that a redevelopment project, plan or area is approved, such term shall terminate upon final approval of the project, plan or designation of the area by the Board of Aldermen. Thereafter, the TIF Commission shall consist of the six (6) members appointed by the City, except that members representing school boards and other taxing districts shall be appointed as provided in this Section prior to any amendments to any redevelopment plans, redevelopment projects or designation of a redevelopment area.

C. If the TIF Commission elects that the members who are appointed by the school board and other taxing districts shall coincide with the length of time that a redevelopment project, redevelopment plan or designation of a redevelopment area is considered for approval by the TIF Commission and if any school district or other taxing jurisdiction fails to appoint members of the TIF Commission within thirty (30) days after receipt of written notice of a proposed redevelopment plan, redevelopment project or designation of a redevelopment area, the remaining members may proceed to exercise the power of the TIF Commission.

Section 125.025 Organization of Tax Increment Financing Commission.

[Ord. No. 1865 §2, 1-23-2006]

The TIF Commission shall elect from among its members a Chairman, Vice Chairman and Secretary. Meetings of the TIF Commission shall be open to the public to the extent provided by law and a record shall be kept of each meeting. The TIF Commission may establish rules and procedures not in conflict with City ordinances or policies or the Act and shall meet as required to fulfill its obligations set forth in the Act.

Section 125.030 Authority of the Tax Increment Financing Commission.

[Ord. No. 414 §3, 11-6-1995; Ord. No. 1865 §3, 1-23-2006]

A. The TIF Commission shall serve as an advisory board to the City as it relates to the consideration of tax increment financing proposals submitted by interested parties or initiated by any public agency in accordance with the Act. The Board of Aldermen hereby authorizes and approves the exercise by the TIF Commission of only those powers that are required by the Act to be exercised by the TIF Commission, as follows:

1. The TIF Commission shall hold public hearings and give notices pursuant to Sections 99.825 and 99.830 of the Act on proposed redevelopment plans, redevelopment projects and designation of redevelopment areas and amendments thereto.

2. The TIF Commission shall vote on all proposed redevelopment plans, redevelopment projects and designations of redevelopment areas and amendments thereto within thirty (30) days following completion of a hearing on any such plan, project designation or amendment and shall make recommendations to the City within ninety (90) days after a hearing referred to in Section 99.825 of the Act concerning adoption of or amendment to redevelopment plans, redevelopment projects and/or designation of redevelopment areas.

Section 125.035 Procedures for Bids and Proposals.

[Ord. No. 1865 §4, 1-23-2006]

A. The City hereby adopts the policy set out in Subsection (B) below as the procedures for soliciting bids and proposals for tax increment financing redevelopment projects.

B. Section 99.820.1(3), RSMo., requires the City or the City's Tax Increment Financing Commission (the "Commission") to establish written procedures relating to bids and proposals for implementation of redevelopment projects pursuant to the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 through 99.865, RSMo., (the "TIF Act"). The following procedures (the "RFP Policy") are to be followed by the City of St. Robert, Missouri, and the Commission for soliciting bids and proposals for the implementation of tax increment financing redevelopment projects, in compliance with the TIF Act:

1. It shall be the policy of the City to consider the use of statutory redevelopment incentives for those projects that demonstrate a significant public benefit by eliminating blight or blighting influences, financing desirable public improvements, strengthening the employment and economic base of the City and other taxing jurisdictions, increasing property values, reducing poverty, creating economic stability, upgrading older neighborhoods and areas and facilitating economic self-sufficiency.

2. The City or the Commission shall solicit proposals with respect to the implementation of each proposed redevelopment project or the several proposed redevelopment projects that are designed to implement a proposed tax increment financing plan.

3. Each request for proposals shall state the primary objectives of the proposed redevelopment area or redevelopment project.

4. Each request for proposals shall provide reasonable opportunity for any person to submit alternative proposals or bids.

5. Each request for proposals may be mailed to those persons or firms the City or the Commission determines might be interested in submitting a bid and shall be published in a newspaper of general circulation in or serving the City. Each request for proposals shall provide at least fourteen (14) days for the submission of a proposal. The City or Commission may extend the time period during which proposals may be accepted.

6. Each person, business, firm, partnership or other combination of persons or businesses that submits a proposal in response to a request pursuant to this RFP Policy shall be deemed an "applicant". Each proposal must demonstrate that "but for" the use of tax increment financing, the project is not feasible and would not be completed.

7. Criteria for the selection of proposals will be based on the required elements of a complete tax increment financing plan as set forth in the TIF Act. The criteria for selection will include the impact of the proposed project on the City and other taxing jurisdictions, including the projected term for which tax increment financing will be utilized. The City or the Commission may establish such additional criteria as it deems appropriate for the selection of bids and proposals, which shall be stated in the request for proposals and consistent with the TIF Act.

8. At the option of the City, proposals may be requested in the form of a redevelopment plan which meets the requirements of the TIF Act and addressing the items of information required in this RFP Policy.

9. Each applicant shall submit a fee of ten thousand dollars ($10,000.00) with each proposal ("application fee"). The application fee will be used by the City and the Commission to pay the costs incurred by the City and the Commission in the review and evaluation of the application. If multiple proposals are received and only one (1) chosen, those applicants not chosen shall have the ten thousand dollar ($10,000.00) fee returned. At the option of the City, in lieu of the application fee, an applicant may be required to enter into a funding agreement with the City in an amount to be determined by the City with respect to the proposal covering the expenses of the City relating to review and consideration of the proposal, including expenses incurred by the City to engage consultants and special counsel.

10. Each applicant that has prepared a tax increment financing plan and submitted that plan to the City may respond to a request for proposals, issued by the City or Commission pursuant to this RFP Policy, by submitting a written statement to the City which provides that the plan previously prepared and submitted to the City shall serve as the applicant's response to the request for proposals.

Section 125.040 Notice to Affected Taxing Districts.

[Ord. No. 414 §4, 11-6-1995]

A. The Board of Aldermen hereby finds and determines that the following Taxing Districts are located wholly or partly within the redevelopment area referred to in Section 125.050:

1. Waynesville R-6 School District, 399 School Street Business Official Waynesville, MO 65583 (herein called the "School Districts"); and

2. Pulaski County Health Department, P.O. Box 498, Crocker, MO 65452 Pulaski County Kinderhook Library, 135 Harwood Ave., Lebanon, MO 65536 Pulaski County Board for the Handicapped, P.O. Box 914, Richland, MO 65556 Pulaski County Ambulance, P.O. Box 466, Waynesville, MO 65583 Pulaski County Senior Citizens Services Fund Board, P.O. Box 6, Richland, MO 65556 (Herein called the "Taxing Districts").

B. The City Clerk is hereby authorized and directed to give prompt written notice to the School Districts and the Taxing Districts of the adoption of this Chapter and the creation of the Commission, requesting the School Districts and the Taxing Districts to appoint the School District Representatives and the Taxing District Representative, respectively.

Section 125.050 Intent to Designate a Redevelopment Area.

[Ord. No. 414 §5, 11-6-1995]

A. The Board of Aldermen hereby expresses its intent to designate certain real property within the City as a redevelopment area for purposes of the Act.

B. The Commission is hereby specifically authorized and directed to fix a time and place for a public hearing and to notify the School Districts and Taxing Districts identified in this Section 125.050 of the proposal to designate a redevelopment area within the City and to approve a redevelopment plan or redevelopment project.