SUMMARY OF THE COMMUNITY IMPROVEMENT DISTRICT ACT

Similar documents
PROPOSAL FOR THE GREENWAY FIELDS NEIGHBORHOOD COMMUNITY IMPROVEMENT DISTRICT KANSAS CITY, MISSOURI

CITY OF PITTSBURG, KANSAS COMMUNITY IMPROVEMENT DISTRICT POLICY I. PURPOSE

EXHIBIT A NOTICE OF PUBLIC HEARING

Arkansas Code Title 14, Subtitle 11, Chapter 84: Central Business Improvement District

What is a special taxing district? A History of Special Taxing Districts

ORDINANCE NO. CID-3087

Department of Legislative Services

BOARD OF CANVASSERS' CERTIFICATE OF ELECTION RESULTS FOR THE SPECIAL ELECTION HELD TUESDAY, NOVEMBER 3, 2009

SENATE AMENDED PRIOR PRINTER'S NOS. 3961, 4059, 4145 PRINTER'S NO THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

(c) County board of commissioners means 1 of the following, as applicable: (ii) In all other counties, 1 of the following:

May 2011 REDEVELOPMENT PLAN FOR THE CALIMESA REDEVELOPMENT PROJECT AREA NO. 2 CALIMESA REDEVELOPMENT AGENCY. Ordinance introduced on, 2011

1. WHAT IS A DOWNTOWN REDEVELOPMENT DISTRICT

IC Chapter 4. Parks Department in Certain Cities

SENATE BILL 274 CHAPTER. Tax Increment Financing and Special Taxing Districts Transit Oriented Development

HIGHRIDGE IMPROVEMENT DISTRICT

Understanding Texas TIRZ Statute Chapter 311 Texas Tax Code

CHAPTER V: IMPLEMENTING THE PLAN

San Francisco Business and Tax Regulations Code

Public Portion: Mr. Bianchini opened the public portion. There being no comment, the public portion was closed. Resolutions:

Funding Public Capital Projects

IC Application of chapter Sec. 1. This chapter applies to each unit having a commission. As added by P.L (ss), SEC.18.

WISCONSIN LEGISLATIVE COUNCIL INFORMATION MEMORANDUM

NOTICE OF SPECIAL TAX LIEN CITY OF ALAMEDA COMMUNITY FACILITIES DISTRICT NO (ALAMEDA LANDING MUNICIPAL SERVICES DISTRICT)

HOUSE BILL NO. HB0098. Sponsored by: Representative(s) Schwartz and Madden A BILL. for. AN ACT relating to taxation and revenue; providing for an

New York s Land Bank Act

City Commission Agenda Cover Memorandum

This unofficial copy was downloaded on Jul from the City of Fort Collins Public Records Website:

Management District Plan Downtown Roseville PBID July 28,

CHAPTER House Bill No. 733

ASSEMBLY, No. 326 STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

A SECTION-BY-SECTION ANALYSIS OF CHAPTER 23L. William F. Griffin, Jr. Davis, Malm & D Agostine, P.C.

2005 Texas Local Government Code CHAPTER 422. PUBLIC UTILITY AGENCIES FOR PROVISION OF WATER OR SEWER SERVICE

GREENWAY BUSINESS IMPROVEMENT DISTRICT IMPROVEMENT PLAN

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

Overview, Powers and Governance of Special Districts and Urban Renewal Authorities

40: LEGISLATIVE HISTORY CHECKLIST Compiled by the NJ State Law Library

IC Chapter 9. Local County Road and Bridge Board

PROPERTY REASSESSMENT AND TAXATION. State Tax Commission Jefferson City, Missouri

WYOMING WATER DISTRICTS. Harriet M. Hageman Hageman and Brighton, P.C.

Senate Eminent Domain Bill SF 2750 As passed by the Senate. House Eminent Domain Bill HF 2846/SF 2750* As passed by the House.

POLICY 6600 CAPITALIZATION AND CONTROL OF ASSETS

Title 32 Special Districts

Impact Fees. Section 1 Purpose and Intent.

Coding For Places People Love Main Street Corridor District

Chapter 5.06 ITINERANT MERCHANTS AND VENDORS

Information Only. WHEREAS, the collection of development fees will assist the Township in meeting its affordable housing obligations; and

CITY OF VANCOUVER BRITISH COLUMBIA

MARINA OAKS CONDOMINIUM AMENDED RULES AND REGULATIONS. *Additions are underlined. Deletions are stricken through.

Laws Passed in the 2017 Legislative Session Effective on or Before July 1, 2017

CONDOMINIUM LIVING IN FLORIDA. Department of Business and Professional Regulation Division of Florida Condominiums, Timeshares, and Mobile Homes

ORDINANCE NO

Copyright 2019 Dominion Voting Inc. All Rights Reserved REGULAR ELECTION MUNICIPALITY OF ANCHORAGE APRIL 2, OFFICIAL BALLOT

THE VENDING OVERSIGHT COMMITTEE S REGULATIONS GOVERNING VENDING HIGH DENSITY VENDING AREAS

SECOND CLASS CITY TREASURER'S SALE AND COLLECTION ACT Act of Oct. 11, 1984, P.L. 876, No. 171 AN ACT

Uptown Business Improvement District. Operating Plan. Approved by the City of Racine Common Council:

ISSUES ONLY SAMPLE BALLOT PRIMARY ELECTION AUGUST 5, 2014

STATE OF MICHIGAN LAND DIVISION ORDINANCE NO.53

ELK RAPIDS TOWNSHIP ANTRIM COUNTY, MICHIGAN ORDINANCE NO

THE CITY OF WINNIPEG. BY-LAW No. 127/2016, as amended

130A-55. Corporate powers. A sanitary district board shall be a body politic and corporate and may sue and be sued in matters relating to the

CHAPTER 83 METROPOLITAN HOUSING AUTHORITIES

ASSEMBLY COMMITTEE SUBSTITUTE FOR. ASSEMBLY, Nos. 326 and 1475 STATE OF NEW JERSEY. 217th LEGISLATURE ADOPTED MARCH 7, 2016

II. What Type of Development Requires Site Plan Review? There are five situations where a site plan review is required:

Section 1. Appendix A, "Zoning" of the Code of the City of Charlotte is hereby amended as follows:

February 2014 Legal Calendar

The Dallas City Code ARTICLE XI. HISTORIC PRESERVATION TAX EXEMPTIONS AND ECONOMIC DEVELOPMENT INCENTIVES FOR HISTORIC PROPERTIES.

Okaloosa County BCC. Okaloosa County BCC. MSBU / MSTU Policy. Municipal Service Benefit Units Municipal Service Taxing Units.

SEE 2019 WORK PLAN CALENDAR OF EVENTS 2019 YR4 AUGUST Aug thru 31-Aug

BUTTE COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN

PROPOSED SECOND AMENDED AND RESTATED ARTICLES OF INCORPORATION OF WILDCAT RUN COMMUNITY ASSOCIATION, INC.

RECITALS STATEMENT OF AGREEMENT. Draft: November 30, 2018

ORDINANCE AN ORDINANCE TO AMEND SPRING HILL MUNICIPAL CODE, CHAPTER 5, IMPACT FEE-PURPOSES AND ADMINISTRATION

Funding Economic Development in Nevada: Special Assessment Districts

HOUSE OF REPRESENTATIVES COMMITTEE ON LOCAL GOVERNMENT & VETERANS AFFAIRS ANALYSIS LOCAL LEGISLATION

Open Space Taxation Act

Vice President for Finance Policy/Procedure

ARTICLE 1 GENERAL PROVISIONS

CALENDAR OF EVENTS 2021 YR2 AUGUST 2020 SEE 2021 WORK PLAN

TAX INCREMENT FINANCING PLAN PARAGON STAR, LLC

RESOLUTION NO Adopted by the Sacramento City Council. April 14, 2015

Community Facilities District Report. Jurupa Unified School District Community Facilities District No. 13. September 14, 2015

SOUTH VILLAGE TAX INCREMENT FINANCING DISTRICT (TIF) COMMERCIAL REHABILITATION PROGRAM GUIDELINES & APPLICATION

Fal J u l y J u n e

ARTICLES OF INCORPORATION OF DESERT AIRE OWNERS ASSOCIATION. ARTICLE I The name of the corporation shall be Desert Aire Owners Association.

HOUSE BILL lr1125 A BILL ENTITLED. St. Mary s County Metropolitan Commission Fee Schedule

ORDINANCE NO

MANAGEMENT DISTRICT PLAN NOVEMBER 13, 2014 SISKIYOU COUNTY TOURISM IMPROVEMENT DISTRICT

TOWNSHIP OF EDENVILLE COUNTY OF MIDLAND STATE OF MICHIGAN ORDINANCE NO. 178 LAND DIVISION ORDINANCE TOWNSHIP OF EDENVILLE

PROPERTY; PROVIDING FOR EXPENDITURE OF REVENUE; PROVIDING FOR REIMBURSEMENT

FREQUENTLY ASKED QUESTIONS Moraga Stormwater Fee Measure Ballot Procedure

CHAPTER Senate Bill No. 2222

Quality of Life & Government Services Committee Meeting Record

THE CITY OF WINNIPEG. BY-LAW No. 127/2016, as amended

RESOLUTION # RESOLUTION REGARDING WASHTENAW COUNTY ROAD COMMISSION IMPROVEMENTS (HAYES SUBDIVISION)

CRAWFORD COUNTY, KANSAS NEIGHBORHOOD REVITALIZATION PLAN

Page 1 of Vendor/Applicant Name: Vendor Business Name (if applicable): Permanent Street Address: City/State/ZIP:

ARLINGTON COUNTY, VIRGINIA

BOARD OF COUNTY COMMISSIONERS DATE: December 16, 2014 AGENDA ITEM NO. 35. Public Hearing [t(" Consent Agenda D Regular Agenda D

CHAPTER 35 PARKS AND RECREATION

Table of Contents. Sections. Tables. Appendices

Transcription:

SUMMARY OF THE COMMUNITY IMPROVEMENT DISTRICT ACT August 2010 PREPARED BY: Robert D. Klahr Lauren Ashley Smith Armstrong Teasdale LLP 7700 Forsyth Boulevard, Suite 1800 St. Louis, Missouri 63105-1847 (314) 621-5070

I. What is a community improvement district? COMMUNITY IMPROVEMENT DISTRICTS A. Either a political subdivision, with the power to impose special assessments and real property taxes, or a nonprofit corporation, with the power to impose special assessments, to pay for public improvements. B. The district consists of the area in which the improvements are to be constructed or services are to be provided. C. Created by petition circulated within the proposed district. D. Unlike a neighborhood improvement district, a community improvement district is a separate legal entity distinct and apart from the municipality or county that creates the district. II. Authority. Community Improvement District Act, Sections 67.1401-67.1571, Revised Statutes of Missouri, as amended. III. What kinds of projects can be financed through community improvement districts? A. Public facilities or improvements. B. May include, but are not limited to, 1. Pedestrian or shopping malls and plazas. 2. Parks, lawns, trees and any other landscape. 3. Convention centers, arenas, aquariums, aviaries and meeting facilities. 4. Sidewalks, streets, alleys, bridges, ramps tunnels, overpasses and underpasses, traffic signs and signals, utilities, drainage, water, storm and sewer systems and other site improvements. 5. Parking lots, garages or other facilities. 6. Lakes, dams and waterways. 7. Streetscape, lighting, benches or other seating furniture, trash receptacles, marquees, awnings, canopies, walls and barriers. 8. Telephone and information booths, bus stop and other shelters, rest rooms and kiosks. 9. Paintings, murals, display cases, sculptures and fountains. 10. Music, news and child-care facilities. 11. Any other useful, necessary or desired improvement for the public. C. Improvements must be for public, not private, use. IV. What other services may a community improvement district provide? 1 Armstrong Teasdale LLP

A. A community improvement district may provide a variety of public services, including but not limited to: 1. With the municipality s consent, prohibiting or restricting vehicular and pedestrian traffic and vendors on streets. 2. Operating or contracting for the provision of music, news, child-care or parking facilities, and buses, mini-buses or other modes of transportation. 3. Leasing space for sidewalk cafe tables and chairs. 4. Providing or contracting for the provision of security personnel, equipment or facilities for the protection of property and persons. 5. Providing or contracting for cleaning maintenance and other services to public and private property. 6. Supporting business activity, economic development and tourism. B. Within a blighted area, the district also may: 1. Contract with any private property owner to demolish, renovate or rehabilitate any building or structure owned by such property owner. 2. Spend or loan its revenues for such purpose, if the governing body of the municipality has determined that such action is anticipated to remediate the blighting conditions and will serve a public purpose. V. How is a community improvement district formed? A. If the district is to be created as a nonprofit corporation, the corporation must be formed and in good standing prior to filing a petition for creation. B. Initial petition. 1. Creation by ordinance of the governing body upon petition signed by: a. Property owners collectively owning more than 50% of the assessed value of the real property within the proposed district; and more than 50% per capita of all owners of real property within the proposed district. b. In order for a parcel to be counted toward the above requirements, all owners of record (or their properly designated representatives) of a parcel must sign the petition. 2. Petition must include a wide variety of information, including: a. Name of the proposed district, which must include Community Improvement District as part thereof. b. Legal description and boundary map. c. A five-year plan describing the purposes of the proposed district, the services it will provide, the improvements it will make and an estimate of costs of those services and improvements. d. Organizational and governance information, including: i. Whether the district will be a political subdivision or a nonprofit corporation. 2 Armstrong Teasdale LLP

ii. If a political subdivision, the manner in which the board of directors will be established (either by election or appointment) and the number of directors on the initial board of directors. e. The maximum rates of real property taxes, business license taxes and special assessments that may be imposed. f. The limitations, if any, on the borrowing capacity and revenue generation of the district. g. Notice that names of signers may not be withdrawn later than seven days after petition filed. C. Verification of petition. 1. The municipal clerk must verify, within 90 days after filing, whether the petition meets the requirements of the Act. 2. If not, the clerk must notify the party who filed the petition of its deficiencies. 3. Upon verification, the municipal clerk files the verified petition with the governing body of the municipality. D. Public hearing. 1. Must be held within 45 days of governing body s receipt of verified petition. 2. Notice must be published once a week for two consecutive weeks immediately prior to the week of the public hearing. 3. Notice must be mailed to property owners at least 15 days prior to the public hearing. 4. Notices must include the following information: a. Date, time and place of hearing. b. Statement that a petition for the establishment of a district has been filed. c. Boundaries of the district by street location and map. d. Statement that a copy of the petition is available for review at the clerk s office during regular business hours. e. Statement that all interested persons will be given an opportunity to be heard at the hearing. E. Establishment by ordinance. F. A county, city, town, or entity created by these political subdivisions may need to provide additional notice and opportunity for public comment when voting to create a CID, to implement a tax increase, to approve a redevelopment plan that pledges public funds, or with respect to a retail development project which utilizes the power of eminent domain unless passage of an ordinance dealing with such issues requires two separate readings on different days. VI. How is a community improvement district governed? A. Political subdivision. 3 Armstrong Teasdale LLP

1. Petition specifies whether directors will be elected by the qualified voters or appointed by the municipality. 2. Board consists of at least 5 but not more than 30 directors. Each director must: a. Own real property within the district; b. Own or operate a business within the district; or c. Be a registered voter residing within the district. 3. Election of directors. a. Election must take place 10-15 days after effective date of the ordinance establishing the district. b. At-large election by mail-in ballot by qualified voters. c. A qualified voter must: i. Own real property, which is not exempt from assessment or levy of taxes, within the district; or ii. Be a registered voter residing within the district. 4. Appointment of directors. a. Appointments are made by chief elected officer of the municipality with the consent of the governing body. B. Nonprofit corporation. 1. The board is selected in same manner as other nonprofit corporations. 2. See Chapter 355 of the Revised Statutes of Missouri. VII. How does a community improvement district fund its operations? A. Sales and use taxes. 1. May be imposed by a community improvement district formed as a political subdivision. 2. Sales that are subject to taxation include items taxable under sections 144.010 to 144.525 of the Revised Statutes of Missouri, excluding sales of motor vehicles, trailers, boats or outboard motors and sales to or by public utilities and providers of communications, cable or video services. 3. The tax may be imposed at may be imposed in increments of one-eighth of one percent, up to a maximum of one percent, for any purpose designated by the district in the ballot submitted to the qualified voters of the district. 4. Procedure. a. The board of directors must submit a proposal to authorize a sales and use tax to the qualified voters of the district by mail-in district. i. If a majority of the votes cast by the qualified voters are opposed to the sales tax, the resolution is void. 4 Armstrong Teasdale LLP

ii. Within 10 days of the approval of the imposition of the tax, the district must notify the department of revenue. b. The department of revenue collects the district sales tax. c. Every retailer within the district must add the additional tax to its retail price. d. Tax brackets may be applied, in accordance with sections 144.010 to 144.525 of the Revised Statutes of Missouri, to simplify the collection process. 5. Violations of the section are subject to the penalties in sections 144.010 to 144.525 of the Revised Statutes of Missouri. 6. Use of tax revenues. a. The sales tax revenues designated in the resolution for a specific purpose must be maintained in a special trust fund and distributed for the specific purpose only. b. After the expiration of the sales tax, the funds remaining in the trust fund must continue to be used for the specific purpose provided in the resolution. 7. Repeal of sales and use tax. a. Unless the repeal of an approved sales and use tax would impair the district s ability to repay any of its financial obligations, the district may repeal the tax by resolution prior to its expiration date. B. Special assessments. 1. May be imposed by any community improvement district, whether a political subdivision or nonprofit corporation. 2. The method for allocating a special assessment among the real property parcels within the district may be any reasonable method which results in a correlation between the benefit conferred upon any particular parcel and the cost to provide such benefit. 3. Procedure. a. Petition is filed requesting assessment. Petition must be signed by: i. Owners of real property collectively owning real property representing more than 50% of the assessed value of real property within the district; and ii. More than 50% per capita of the owners of all real property within the district. b. Petition must also state: i. Purpose. ii. Proposed method of assessment. iii. Amount of assessment. iv. Expiration date of the assessment. v. Tracts of property that will be benefited by the improvements or service. 5 Armstrong Teasdale LLP

4. Property exempt from assessments. a. Set forth in Section 137.500(5) of the Revised Statutes of Missouri. b. Includes property used exclusively for religious worship, schools and colleges, or for purposes purely charitable. c. Such property owners may elect to pay the assessments, however. C. Real property taxes. 1. May be imposed by a community improvement district that is a political subdivision. 2. Requires majority voter approval by qualified voters. A qualified voter is: a. Registered voter residing within the district; or b. If there are no registered voters residing within the district, the owners of real property within the district. 3. There is no limit on the amount of taxes that may be imposed. D. Other sources. 1. Business license taxes. 2. Fees, rents and charges for district property or services. 3. Grants, gifts and donations. 6 Armstrong Teasdale LLP