FLOOR SUBSTITUTE
BOARD BILL NO. [08] 368

INTRODUCED BY ALDERMAN PHYLLIS YOUNG, KENNETH ORTMANN, STEPHEN GREGALI, DOROTHY KIRNER, JOSEPH VOLLMER, LYDA KREWSON

AN ORDINANCE PURSUANT TO SECTIONS 67.1401 THROUGH 67.1571 OF THE REVISED STATUTES OF MISSOURI, AS AMENDED (THE "CID ACT"), APPROVING AN AMENDED PETITION OF GATEWAY STADIUM, LLC TO CREATE, AS AMENDED, THE BALLPARK VILLAGE COMMUNITY IMPROVEMENT DISTRICT; AFFIRMING THE ESTABLISHMENT OF THE BALLPARK VILLAGE COMMUNITY IMPROVEMENT DISTRICT AS A POLITICAL SUBDIVISION OF THE STATE OF MISSOURI AND AMENDING THE SAME (THE "DISTRICT") IN ACCORDANCE WITH THE CID ACT; AFFIRMING THE DESIGNATION OF THE DISTRICT AS A BLIGHTED AREA; DIRECTING THE CITY REGISTER OF THE CITY OF ST. LOUIS TO REPORT THE CREATION OF THE DISTRICT AS AMENDED TO THE MISSOURI DEPARTMENT OF ECONOMIC DEVELOPMENT AS REQUIRED BY THE CID ACT; PROVIDING FOR THE COMPLETION OF CERTAIN PUBLIC IMPROVEMENTS WITHIN THE DISTRICT IN ACCORDANCE WITH THE CID ACT; AUTHORIZING OTHER RELATED ACTIONS BY CITY OFFICIALS IN CONNECTION WITH THE CREATION OF SAID DISTRICT; AND CONTAINING A SEVERABILITY CLAUSE.

WHEREAS, the City of St. Louis, Missouri (the "City") is authorized and empowered pursuant to the CID Act, to establish a community improvement district (the "District") as proposed by a verified petition; and

WHEREAS, on January 25, 2007, a Petition for Creation of a Community Improvement District (the "Original Petition") was filed with the City Register; and

WHEREAS, the City Register did review and determine that the Petition substantially complies with the requirements of the CID Act and verified said Petition in accordance with the requirements of the CID Act;

WHEREAS, after notice of the public hearing by publication and individually to each property owner within the proposed District via certified mail, a public hearing was held on February 7, 2007 regarding creation of the District, all pursuant to Section 67.1421.1 of the CID Act; and

WHEREAS, by Ordinance No. 67411, the City did create the Ballpark Village Community Improvement District; and

WHEREAS, on January 2, 2009 that certain Amended Petition for Creation of a Community Improvement District, dated December 22, 2008, (the "Amended Petition"; the Original Petition as amended by the Amended Petition being the "Petition") was filed with the City Register; and

WHEREAS, on January 6, 2009, the City Register did certify the Petition; and

WHEREAS, after notice of the public hearing by publication and individually to each property owner within the proposed District via certified mail, a public hearing was held on _____________, 2009 regarding approval of the Amended Petition and creation of the District, all pursuant to Section 67.1421.1 of the CID Act; and

WHEREAS, subject to and in accordance with the CID Act and the Amended Petition, and upon the approval of the qualified voters of the District, the District intends to impose a sales tax of not to exceed one percent (1%) on taxable sales within the District pursuant to Section 67.1545 of the CID Act (the "CID Sales Tax"); and

WHEREAS, the Amended Petition requests that the members of the initial Board of Directors of the District be appointed by the Mayor of the City pursuant to Section 67.1451.5 of the CID Act; and

WHEREAS, the Amended Petition provides a description of the improvements to be undertaken within the boundaries of the District (the "Project"); and

WHEREAS, the Board of Aldermen hereby finds that the adoption of this Ordinance is in the best interest of the City of St. Louis and that the property owners, residents, and persons engaging in business or visiting the District, and the public generally will benefit by the establishment of said District.

BE IT ORDAINED BY THE CITY OF ST. LOUIS AS FOLLOWS:

Section 1. Pursuant to Section 67.1411.3 of the CID Act and subject to the terms of the Amended Petition, the creation and establishment of the "Ballpark Village Community Improvement District" as a political subdivision of the State of Missouri is hereby affirmed, and the District is hereby amended in accordance with the Petition. A copy of the Amended Petition containing a legal description and map of the District's boundaries is attached hereto as Exhibit A and incorporated herein by reference.

Section 2. The Board of Aldermen hereby finds that the District is located in the Ballpark Village Development Area, which was declared blighted under Chapter 99 of the Revised Statutes of Missouri, as amended, pursuant to Ordinance No. [_________] [Board Bill #___]; this finding includes and the Amended Petition sets forth and the Board of Aldermen hereby finds and adopts by reference the analysis of the factors that qualify the District as a "blighted area" as set forth in the "Development Plan: Ballpark Village Development Area", dated October 22, 2008, as revised November 6, 2008, which analysis is incorporated herein as if set forth here in full.

Section 3. Pursuant to the CID Act, the District shall have all the powers necessary to carry out and effectuate the purposes and provisions of the CID Act, except as such powers are limited in the Petition.

Section 4. Only upon first obtaining the written consent of the City may the District issue obligations for the purpose of carrying out any of its powers, duties, or purposes. Such obligations shall be authorized by resolution of the District, and if issued by the District shall be dated such date or dates, and shall mature at such time or times, but not more than twenty (20) years from the date of issuance. Such obligations shall be in such denominations, bear such interest at such rate or rates, be in such form, be payable in such place or places, be subject to redemption as such resolution may provide and be sold at either public or private sale at such prices as the District shall determine subject to the provisions of Section 108.170, RSMo. The District is also authorized to issue obligations to refund, in whole or in part, obligations previously issued by the District. The District may, at the discretion of its Board of Directors, pledge any and all eligible revenues generated within its boundaries to the payment of debt service on any obligations as further set forth in the Development Agreement.

Section 5. The District shall be in existence for not less than one (1) year and not more than forty (40) years from the effective date of this Ordinance, subject to the limitations set forth in the CID Act.

Section 6. Pursuant to Section 67.1451.5 of the CID Act, the Mayor did initially appoint, with the consent of the Board of Aldermen of the City, the five (5) individuals named below as the District's Board of Directors for the terms set forth below:

1. William DeWitt (4 year term)

2. Brad Wood (2 year term)

3. Michelle Reisner (2 year term)

4. Dale Ruthsatz (2 year term)

5. Thomas Curran (2 year term)

Pursuant to the Petition, the Board of Directors shall be appointed by the Mayor of the City with the consent of the Board of Aldermen.
Section 7. Pursuant to the CID Act, the Board of Aldermen shall not decrease the level of publicly funded services in the District existing prior to the creation of the District or transfer the financial burden of providing the services to the District unless the services at the same time are decreased throughout the City, nor shall the Board of Aldermen discriminate in the provision of publicly funded services between areas included in the District and areas not so included.
Section 8. Pursuant to Section 67.1421.6 of the CID Act, the City Register shall notify in writing the Missouri Department of Economic Development of the District's creation as amended.

Section 9. The City shall, and the officers, agents and employees of the City are hereby authorized and directed to take such further action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance.

Section 10. It is hereby declared to be the intention of the Board of Aldermen that each and every part, section and subsection of this Ordinance shall be separate and severable from each and every other part, section and subsection hereof and that the Board of Aldermen intends to adopt each said part, section and subsection separately and independently of any other part, section and subsection. In the event that any part, section or subsection of this Ordinance shall be determined to be or to have been unlawful or unconstitutional, the remaining parts, sections and subsections shall be and remain in full force and effect, unless the court making such finding shall determine that the valid portions standing alone are incomplete and are incapable of being executed in accord with the legislative intent.

EXHIBIT A
Amended Petition for Creation of a Community Improvement District
(Attached hereto)