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Making Connections with Making Connections with Community Improvement Districts Community Improvement Districts in Missouri in Missouri Presented October 22, 2008 by Presented October 22, 2008 by Joe Lauber Joe Lauber 200 NE Missouri Road,


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SLIDE 1

Making Connections with Making Connections with Community Improvement Districts Community Improvement Districts in Missouri in Missouri

Presented October 22, 2008 by Presented October 22, 2008 by Joe Lauber Joe Lauber 200 NE Missouri Road, Suite 200 200 NE Missouri Road, Suite 200 Lee Lee’ ’s Summit, MO 64086 s Summit, MO 64086 (816) 251 (816) 251-

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P PROVIDING

ROVIDING L

LEGAL

EGAL S

SOLUTIONS

OLUTIONS FOR FOR L

LOCAL

OCAL G

GOVERNMENTS

OVERNMENTS

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SLIDE 2

Overview Overview

  • Tools in Missouri

Tools in Missouri’ ’s economic development s economic development “ “toolbox toolbox” ”

  • CID Concepts

CID Concepts

  • CID Improvements & Services

CID Improvements & Services

  • CID Funding Mechanisms

CID Funding Mechanisms

  • CID Act Requirements

CID Act Requirements

– –

Setting the stage Setting the stage

– –

Timeline Timeline

– –

Petition preparation Petition preparation

– –

Public hearing Public hearing

– –

CID Board Meeting CID Board Meeting

– –

Sales Tax Election Sales Tax Election

  • Ongoing CID Responsibilities

Ongoing CID Responsibilities

  • Case Study

Case Study-

  • Historic Downtown Branson CID

Historic Downtown Branson CID

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SLIDE 3

Economic Development Economic Development Tools in Missouri Tools in Missouri

  • Chapter 100

Chapter 100

– –

Can issue industrial development bonds to finance Can issue industrial development bonds to finance the costs of warehouses, distribution or R&D the costs of warehouses, distribution or R&D facilities, and office industries facilities, and office industries— —property financed property financed by IDD bonds is tax exempt while the bonds are by IDD bonds is tax exempt while the bonds are

  • utstanding
  • utstanding
  • Chapter 353

Chapter 353

– –

Up to 25 years of tax abatement Up to 25 years of tax abatement

– –

To remedy blight that creates economic and social To remedy blight that creates economic and social liability, pursuant to a redevelopment plan liability, pursuant to a redevelopment plan

  • TIF

TIF

– –

Blight remediation costs reimbursed by incremental Blight remediation costs reimbursed by incremental increases in property and economic activity taxes increases in property and economic activity taxes achieved through development achieved through development

  • MODESA

MODESA

– –

Missouri Downtown Economic Stimulus Act Missouri Downtown Economic Stimulus Act

– –

Basically an enhanced version of TIF Basically an enhanced version of TIF

– –

Applicable only in a blighted central business Applicable only in a blighted central business district of a city. district of a city.

  • NID

NID

– –

A specified area in which the A specified area in which the city is authorized to impose city is authorized to impose special assessments to pay for special assessments to pay for public improvements that confer public improvements that confer a benefit on property that is a benefit on property that is located within the district located within the district

  • TDD

TDD

– –

Special taxing district authorized Special taxing district authorized to levy sales tax, special to levy sales tax, special assessments and/or property tax assessments and/or property tax to pay for transportation to pay for transportation projects projects

  • CID

CID

– –

Special taxing district authorized Special taxing district authorized to levy sales tax, special to levy sales tax, special assessments and/or property tax assessments and/or property tax to pay for a wide variety of to pay for a wide variety of improvements and services improvements and services within the boundaries of the within the boundaries of the district district

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SLIDE 4

CID Concepts CID Concepts

“On On-

  • paper

paper” ” CID, designed as a funding mechanism CID, designed as a funding mechanism in connection with other economic development in connection with other economic development tools such as TIF tools such as TIF

  • Enhanced homeowners association

Enhanced homeowners association

  • Specific purpose entity designed to meet a specific

Specific purpose entity designed to meet a specific need identified by the district property owners need identified by the district property owners

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SLIDE 5

CID CID-

  • Eligible Improvements and Services

Eligible Improvements and Services

Improvements Improvements

– –

Pedestrian or shopping malls and Pedestrian or shopping malls and plazas. plazas.

– –

Parks, lawns, trees and any other Parks, lawns, trees and any other landscape. landscape.

– –

Convention centers, arenas, Convention centers, arenas, aquariums, aviaries and meeting aquariums, aviaries and meeting facilities. facilities.

– –

Sidewalks, streets, alleys, bridges, Sidewalks, streets, alleys, bridges, ramps tunnels, overpasses and ramps tunnels, overpasses and underpasses, traffic signs and underpasses, traffic signs and signals, utilities, drainage, water, signals, utilities, drainage, water, storm and sewer systems and other storm and sewer systems and other site improvements. site improvements.

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CID CID-

  • Eligible Improvements and Services

Eligible Improvements and Services

Improvements Improvements

– – Parking lots, garages or other

Parking lots, garages or other facilities. facilities.

– – Music, news and child

Music, news and child-

  • care

care facilities. facilities.

– – Any other useful, necessary or

Any other useful, necessary or desired improvement. desired improvement.

– – In addition, within a

In addition, within a “ “blighted blighted area area” ”, the district may pay costs , the district may pay costs

  • f demolishing, renovating and
  • f demolishing, renovating and

rehabilitating structures. rehabilitating structures.

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SLIDE 7

CID CID-

  • Eligible Improvements and Services

Eligible Improvements and Services

Services Services

– –

With the municipality With the municipality’ ’s consent, s consent, prohibiting or restricting vehicular and prohibiting or restricting vehicular and pedestrian traffic and vendors on pedestrian traffic and vendors on streets. streets.

– –

Operating or contracting for the Operating or contracting for the provision of music, news, child provision of music, news, child-

  • care or

care or parking facilities, and buses, mini parking facilities, and buses, mini-

  • buses

buses

  • r other modes of transportation.
  • r other modes of transportation.

– –

Leasing space for sidewalk caf Leasing space for sidewalk café é tables tables and chairs. and chairs.

– –

Providing or contracting for the Providing or contracting for the provision of security personnel, provision of security personnel, equipment or facilities for the equipment or facilities for the protection of property and persons. protection of property and persons.

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SLIDE 8

CID CID-

  • Eligible Improvements and Services

Eligible Improvements and Services

Services Services

– –

Providing or contracting for cleaning, Providing or contracting for cleaning, maintenance and other services to maintenance and other services to public and private property. public and private property.

– –

Promoting tourism, recreational or Promoting tourism, recreational or cultural activities or special events. cultural activities or special events.

– –

Promoting business activity, Promoting business activity, development and retention. development and retention.

– –

Providing refuse collection and Providing refuse collection and disposal services. disposal services.

– –

Contracting for or conducting Contracting for or conducting economic, planning, marketing or economic, planning, marketing or

  • ther studies.
  • ther studies.
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SLIDE 9

CID Funding Mechanisms CID Funding Mechanisms

  • Sales Tax

Sales Tax

– –

1/8% increments up to 1% on all retail sales made 1/8% increments up to 1% on all retail sales made within the boundaries of the district within the boundaries of the district

– –

Available only to political subdivision CIDs Available only to political subdivision CIDs

  • Property Tax

Property Tax

– –

Available only to political subdivision CIDs Available only to political subdivision CIDs

  • Special Assessments

Special Assessments

– –

Available to all CIDs Available to all CIDs

– –

May not assess exempt property, unless the owner May not assess exempt property, unless the owner voluntarily consents voluntarily consents

  • User Fees

User Fees

– –

May charge for use of the CID May charge for use of the CID’ ’s real or personal s real or personal property (other than public right of way) property (other than public right of way)

  • Business license taxes

Business license taxes

– –

Only in Springfield Only in Springfield

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SLIDE 10

Forming a CID: Setting the Stage Forming a CID: Setting the Stage

  • Contact your local municipal officials to

Contact your local municipal officials to determine their familiarity with CIDs determine their familiarity with CIDs

– –

Community Development Department Community Development Department

– –

Elected officials Elected officials

– –

City Administrator City Administrator

– –

City Clerk City Clerk

  • Application fees and/or forms

Application fees and/or forms

  • Policy requirements

Policy requirements

– –

Ratio of private investment Ratio of private investment

– –

Encouraged/discouraged practices Encouraged/discouraged practices

– –

Funding agreement requirement Funding agreement requirement

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SLIDE 11

Forming a CID: Timeline Forming a CID: Timeline

  • Prepare Petition

Prepare Petition

  • File petition

File petition

  • Provide mailed and published

Provide mailed and published notice of public hearing notice of public hearing

  • Public hearing

Public hearing

  • Adopt ordinance establishing

Adopt ordinance establishing district district

  • Enter into cooperative agreement

Enter into cooperative agreement

  • Hold first CID Board meeting

Hold first CID Board meeting

  • Adopt resolution to impose funding

Adopt resolution to impose funding mechanism mechanism

  • Hold election to approve funding

Hold election to approve funding mechanism mechanism

  • Collection of funds begins

Collection of funds begins

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Forming a CID: Petition Requirements Forming a CID: Petition Requirements

1. 1. Signed by owners of more than 50% per capita and by assessed val Signed by owners of more than 50% per capita and by assessed value of ue of land within proposed district land within proposed district

– –

Tax records of the county clerk Tax records of the county clerk

– –

As of the As of the “ “last completed assessment last completed assessment” ”

2. 2. Legal description and map Legal description and map

– –

Need to work with GIS department of City or County or a surveyor Need to work with GIS department of City or County or a surveyor

– –

Must include all possible targets of CID funds Must include all possible targets of CID funds

– –

Cross reference tax parcels and tax maps Cross reference tax parcels and tax maps

3. 3. Type of District Type of District

– –

Political subdivision Political subdivision

– –

Not Not-

  • for

for-

  • profit corporation

profit corporation

4. 4. Name of District Name of District

– –

Must include the words Must include the words “ “community improvement district community improvement district” ” in the title in the title

5. 5. Notice that the signatures of the signers may not be withdrawn l Notice that the signatures of the signers may not be withdrawn later ater than seven days after the petition is filed with the municipal c than seven days after the petition is filed with the municipal clerk lerk

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SLIDE 13

Forming a CID: Petition Requirements Forming a CID: Petition Requirements

6. 6. A five A five-

  • year plan stating a description of

year plan stating a description of

– –

the purposes of the proposed district the purposes of the proposed district

– –

the services it will provide the services it will provide

– –

the improvements it will make and the improvements it will make and

– –

an estimate of costs of these services and an estimate of costs of these services and improvements to be incurred improvements to be incurred

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SLIDE 14

Forming a CID Forming a CID-

  • Petition Requirements

Petition Requirements

7. 7. A statement as to whether the district will be a political A statement as to whether the district will be a political subdivision or a not for profit corporation subdivision or a not for profit corporation

– –

if it is to be a not for profit corporation, the name of the not if it is to be a not for profit corporation, the name of the not for for profit corporation; profit corporation;

– –

Not for profit corporations are subject to Chapter 355, RSMo. Not for profit corporations are subject to Chapter 355, RSMo.

8. 8. A statement as to whether the district will be governed by a A statement as to whether the district will be governed by a board board elected elected by the district or whether the board will be by the district or whether the board will be appointed appointed by the municipality by the municipality

– –

Political subdivision CIDs only Political subdivision CIDs only

– –

If Board will be elected, petition can state the names and terms If Board will be elected, petition can state the names and terms of

  • f

the initial board members the initial board members

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SLIDE 15

Forming a CID Forming a CID-

  • Petition Requirements

Petition Requirements

9.

  • 9. The number of directors to serve on the board

The number of directors to serve on the board

– – 5 5-

  • 30 permitted

30 permitted – – Political subdivision CIDs only (not Political subdivision CIDs only (not-

  • for

for-

  • profits governed by Ch. 355)

profits governed by Ch. 355)

10.

  • 10. The total assessed value of all real property within the propose

The total assessed value of all real property within the proposed d district district 11.

  • 11. A statement as to whether the petitioners are seeking a

A statement as to whether the petitioners are seeking a determination that the proposed district, or any portion of it, determination that the proposed district, or any portion of it, is a is a blighted area; blighted area; 12.

  • 12. The proposed length of time for the existence of the district

The proposed length of time for the existence of the district

– – Can be maximum, minimum or definite number of years Can be maximum, minimum or definite number of years

13.

  • 13. The maximum rates of real property taxes that may be submitted

The maximum rates of real property taxes that may be submitted to the qualified voters for approval to the qualified voters for approval

– – Springfield CIDs can do business license taxes Springfield CIDs can do business license taxes

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Forming a CID Forming a CID-

  • Petition Requirements

Petition Requirements

14.

  • 14. The maximum rates of special assessments and respective

The maximum rates of special assessments and respective methods of assessment that may be proposed by petition methods of assessment that may be proposed by petition 15.

  • 15. The limitations, if any, on the borrowing capacity of the

The limitations, if any, on the borrowing capacity of the district district 16.

  • 16. The limitations, if any, on the revenue generation of the

The limitations, if any, on the revenue generation of the district district 17.

  • 17. Other limitations, if any, on the powers of the district

Other limitations, if any, on the powers of the district 18.

  • 18. A request that the district be established; and

A request that the district be established; and 19.

  • 19. Any other items the petitioners deem appropriate

Any other items the petitioners deem appropriate

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SLIDE 17

Forming a CID Forming a CID-

  • The Public Hearing

The Public Hearing

  • Notice requirements

Notice requirements

  • Presentation by

Presentation by applicant applicant

  • Presentation by city

Presentation by city staff staff

  • Public comments

Public comments

  • Deliberation by the

Deliberation by the city city’ ’s governing s governing body body

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SLIDE 18

CID Board First Meeting CID Board First Meeting

  • Adopt bylaws

Adopt bylaws

  • Appoint CID officers

Appoint CID officers

  • Ratify organization of the CID, past actions and authorize

Ratify organization of the CID, past actions and authorize reimbursement of formation costs reimbursement of formation costs

  • Adopt Sunshine Law Policy

Adopt Sunshine Law Policy

  • Resolution to adopt funding mechanism

Resolution to adopt funding mechanism

  • Resolution to adopt cooperative agreement with city

Resolution to adopt cooperative agreement with city

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SLIDE 19

CID Sales Tax Election CID Sales Tax Election

  • Election process issues

Election process issues

  • Registered voters vs.

Registered voters vs. property owners property owners

  • Notice to election

Notice to election authority authority

– – Is Is “ “reduced reduced” ” notice notice necessary necessary

  • Mail

Mail-

  • in ballots vs.

in ballots vs. “ “real real” ” election election

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Ongoing CID Responsibilities Ongoing CID Responsibilities

  • Sunshine Law compliance

Sunshine Law compliance

  • Annual budget submittal

Annual budget submittal

  • Annual meeting

Annual meeting

  • Report to municipal clerk and

Report to municipal clerk and

  • Dept. of Economic Development
  • Dept. of Economic Development
  • Report to State Auditor

Report to State Auditor’ ’s office s office

  • Board member

Board member elections/appointments elections/appointments

  • Cooperative Agreement

Cooperative Agreement compliance compliance

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Case Study: Case Study: The Historic Downtown Branson CID The Historic Downtown Branson CID

The issue: The issue: How to synergize the additional flow of customer How to synergize the additional flow of customer traffic created by the development of the Branson Landing area traffic created by the development of the Branson Landing area so that this development would not adversely affect the so that this development would not adversely affect the Historic Downtown Branson shopping district Historic Downtown Branson shopping district

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SLIDE 22

Case Study: Case Study: The Historic Downtown Branson CID The Historic Downtown Branson CID

The solution: The solution: Offer transportation that will allow customers Offer transportation that will allow customers parking in the Branson Landing parking areas the ability to parking in the Branson Landing parking areas the ability to easily reach the Historic Downtown Branson shopping area easily reach the Historic Downtown Branson shopping area

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SLIDE 23

Case Study: Case Study: The Historic Downtown Branson CID The Historic Downtown Branson CID

The new issue: The new issue: Funding Funding transportation that will allow transportation that will allow customers parking in the Branson Landing parking areas the customers parking in the Branson Landing parking areas the ability to easily reach the Historic Downtown Branson ability to easily reach the Historic Downtown Branson shopping area shopping area

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SLIDE 24

Case Study: Case Study: The Historic Downtown Branson CID The Historic Downtown Branson CID

  • 90 Property Owners

90 Property Owners

– –

58% signed the petition 58% signed the petition

  • $6.9 Million in assessed value

$6.9 Million in assessed value

– –

68% of owners by assessed value 68% of owners by assessed value signed the petition signed the petition

  • Political subdivision CID

Political subdivision CID

– –

Because sales tax was the desired Because sales tax was the desired funding mechanism funding mechanism

  • District boundaries

District boundaries

– –

Must cover all areas where CID Must cover all areas where CID money will be spent money will be spent

  • 1% Sales tax

1% Sales tax

  • 20 year term

20 year term

  • Over 66 acres in area

Over 66 acres in area

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SLIDE 25

Case Study: Case Study: The Historic Downtown Branson CID The Historic Downtown Branson CID

Challenges Challenges

  • Getting the petition signed

Getting the petition signed

– – Coordination and education

Coordination and education

  • f 90 owners of property
  • f 90 owners of property

having $6.9 million in having $6.9 million in assessed value assessed value

– – Basis of authority of signers

Basis of authority of signers

  • Trusts

Trusts

  • LLCs

LLCs

  • Transfers of property

Transfers of property

– – Obtaining a list of all

Obtaining a list of all

  • wners and assessed values
  • wners and assessed values

to determine valid petition to determine valid petition

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Case Study: Case Study: The Historic Downtown Branson CID The Historic Downtown Branson CID

Challenges Challenges

  • CID sales tax election

CID sales tax election

– – Timing important due to

Timing important due to holiday sales bubble holiday sales bubble

– – Notification of election

Notification of election authority authority

  • Required court order

Required court order

– – Voters

Voters

– – Election procedures

Election procedures

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Case Study: Case Study: The Historic Downtown Branson CID The Historic Downtown Branson CID

Challenges Challenges

  • Bridge funding

Bridge funding

– – Delay in CID funds

Delay in CID funds reaching district treasury reaching district treasury

– – $140,000 credit line

$140,000 credit line

– – Fixed 3 year Tax

Fixed 3 year Tax Anticipation Note ( Anticipation Note (“ “TAN TAN” ”) )

– – Constitutional limits on

Constitutional limits on governmental credit governmental credit

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SLIDE 28

Case Study: Case Study: The Historic Downtown Branson CID The Historic Downtown Branson CID

Success! Success!

  • All involved are pleased with the

All involved are pleased with the

  • utcome
  • utcome
  • Sales tax is producing enough

Sales tax is producing enough revenue to adequately cover costs revenue to adequately cover costs

  • Fares were never needed as a

Fares were never needed as a funding source funding source

  • The trolleys have become an

The trolleys have become an attraction on their own attraction on their own

  • CID and DBMA have formed a

CID and DBMA have formed a critical partnership for promoting critical partnership for promoting the downtown area the downtown area

  • Bridge financing was paid off

Bridge financing was paid off nearly 18 months early nearly 18 months early

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PROVIDING LEGAL SOLUTIONS FOR LOCAL GOVERNMENTS

Missouri Community Improvement Districts

Contact Information: Contact Information: Joe Lauber Joe Lauber Williams & Campo, P.C. Williams & Campo, P.C. 200 NE Missouri Road, Suite 200 200 NE Missouri Road, Suite 200 Lee Lee’ ’s Summit, Missouri 64086 s Summit, Missouri 64086 (816) 251 (816) 251-

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4646 jlauber@publiclawfirm.com jlauber@publiclawfirm.com