Martin R. Toma
Director
JEFFERSON COUNTY
DEPARTMENT OF LAND USE
DEVELOPMENT AND CODE ENFORCEMENT
Courthouse Annex Building
PO Box 100
Phone: 636-797-5387
Fax: 636-797-5598
Hillsboro MO 63050-0100
Email: mtoma@jeffcomo.org


JEFFERSON COUNTY, MISSOURI
NEIGHBORHOOD IMPROVEMENT DISTRICT PROGRAM
GENERAL INFORMATION AND PRE-APPLICATION PACKET


THE JEFFERSON COUNTY, MISSOURI NEIGHBORHOOD IMPROVEMENT DISTRICT PROGRAM

INTRODUCTION


One of the more serious issues facing Jefferson County today is how to finance local infrastructure improvements. Improvements to roads, streets, sanitary sewers, storm water systems, and drinking water supply systems are critical to the quality of life of the residents of Jefferson County. Unfortunately, infrastructure projects such as this tend to be expensive and in many instances beyond the financial ability of local residents. This issue becomes even more challenging when the infrastructure improvements benefit only a limited geographic area or a limited number of residents.

In most other states, units of local governments (both cities and counties) are empowered to issue general obligation bonds, backed by the "full faith and credit" of the of the governmental unit. These bonds are issued and the debt retired through assessments or special fees or taxes, levied against the real properties that benefit from the improvements. In Missouri however, prior to '1991, no provisions existed for this funding mechanism. Therefore, when faced with a specific improvement project, Missouri cities and counties had three options. One, consider the issuance of a general obligation bond issue, subject to a vote of the entire city or county. Two, establish a special benefit district or a special tax district. Or, three, simply ignore the situation. None of these three options offered a practical alternative to resolve the problem.

The Jefferson County Commission has recently completed an exhaustive review of Neighborhood Improvement Districts. Of principal concern to the County Commission was the need to develop a structure which would enable improvements to be made to streets, roads, sanitary sewage collection and disposal systems and stormwater systems. At the same time, the Commission was very concerned about maintaining the current strong financial rating of Jefferson County, After review, the Commission believes that the formation of NID's can provide an excellent opportunity for citizens to examine the particular needs of their community or subdivision and to structure a plan to address their needs. The County Commission believes that it is important that local residents have the ability to avail themselves of those lawful opportunities which enable them to improve their quality of life.

THE MISSOURI NEIGHBORHOOD IMPROVEMENT DISTRICT ACT


The Missouri Neighborhood Improvement District Program was designed to provide a practical, flexible, and responsive tool to finance public infrastructure in response to citizen needs. Simply defined, a Neighborhood Improvement District, also known as a NID, is a geographically defined area within which certain public improvements are financed by the local governmental entity (either city or county) through the issuance of general obligation bonds. These general obligation bonds are in turn retired through special assessments imposed on the owners of real property within the NID area.

Therefore the basic premise of NID financing is that only those who benefit from the financed improvements pay for the improvements.

HOW CAN A NEIGHBORHOOD IMPROVEMENT DISTRICT BE FORMED?


In Missouri, NID's can be formed in one of two ways, through the initiative petition process in which a petition is signed by at least two-thirds (2/3) of the owners of record of real property within the proposed district area; or, through an election, submitted to all qualified voters residing within the proposed district area. Passage of the NED issue requires a four-seventh majority if the election is conducted at a general municipal election day, primary or general elections and two-thirds at all other elections. On all other election days, a two-thirds majority is required for passage.

Missouri Statutes dictate the structure and formation processes for NID's. These can be very complex, even to those experienced in governmental affairs. The Missouri statutes place very specific requirements on the County officials seeking to utilize NED as a means to address local concerns. While some may believe that the passage of the ballot issuance or the submission of the petition is the major hurdle in the formation of a NID, in actuality, this represents only the beginning of a complicated and potentially costly process.

WHAT KIND OF PROJECTS ARE ELIGIBLE FOR NEIGHBORHOOD IMPROVEMENT DISTRICT FINANCING?


Missouri Statutes have defined the range of projects which are eligible for Neighborhood Improvement District financing. Specifically, in section 67.453, the following activities are eligible for NID financing.

(4) "Improve", to construct, reconstruct, maintain, restore, replace, renew, repair, install, equip, extend, or to otherwise perform any work which will provide a new public facility or enhance, extend or restore the value or utility of an existing public facility;

(5) "Improvement", anyone or more public facilities or improvements which confer a benefit on property within a definable area and may include or consist of a reimprovement of a prior improvement. Improvements include, but are not limited to, the following activities:

(a) To acquire property or interests in property when necessary or desirable for any purpose authorized by sections 67.453 to 67.475:

(b) To open, widen, extend and otherwise to improve streets, paving and other surfacing, gutters, curbs, sidewalks, crosswalks, drive-way entrances and structures, drainage works incidental thereto, and service connections from sewer, water gas and other utility mains, conduits or pipes:

(c) To improve main and lateral storm water drains and sanitary sewer systems, and appurtenances thereto;

(d) To improve street lights and street lighting systems

(e) To improve waterworks systems;

(f) To improve parks, playgrounds and recreational facilities;

(g) To improve any street or other facility by landscaping, planting of trees, shrubs, and other plants;

(h) To improve dikes, levees and other flood control works, gates, lift stations, bridges and streets appurtenant thereto;

(i) To improve vehicle and pedestrian bridges, overpasses and funnels;

(j) To improve retaining walls and area walls on public ways or land abutting thereon;

(k) To improve property for off-street parking facilities including construction and equipment of buildings thereon;

(l) To acquire or improve any other public facilities or improvements deemed necessary by the governing body of the city or county; and

(m) To improve public safety;

WHAT COSTS CAN BE PAID THROUGH A NEIGHBORHOOD IMPROVEMENT DISTRICT?


Again, State Statutes clearly identify the costs that can be paid for through a Neighborhood Improvement District. The specific statute is as follows:

(3) "Cost", all costs incurred in connection with an improvement, including, but not limited to, costs incurred for the preparation of preliminary reports, the preparation of plans and specifications, the preparation and publication of notices of hearings, resolutions, ordinances and other proceedings, fees and expenses of consultants, interest accrued on borrowed money during the period of construction, underwriting costs and other costs incurred in connection with the issuance of bonds or notes, establishment of reasonably required reserve funds for bonds or notes, the cost of land materials, Labor and other Lawful expenses incurred in planning, acquiring and doing any improvement, reasonable construction contingencies, and work done or services performed by the city or county in the administration and supervision of the improvement;

HOW ARE NEIGHBORHOOD IMPR0VEMENT DISTRICTS FINANCED?


Neighborhood Improvement Districts can be financed in several ways, however the most common means is through the issuance of "debt" by the County. This debt, usually in the form of a class of general obligation bond known as a "Neighborhood Improvement District Bond". Because of this classification, the NID bond generally carries a relatively low interest rate, when compared to conventional bank financing.

Once a NED is established, the County may issue temporary notes or may authorize a local bank or other financial institution to issue temporary notes which may then be refunded by issuing the NID bonds or general obligation bonds. This allows for projects to be linked together (also called "pooling") creating a larger single bond which should further reduce both issuance costs and allow projects to begin construction while the final financing structure is developed.

These bonds are repaid through an annual assessment on all real property within the NID. This special assessment will be included in the annual property tax bill for residents so only one payment per year is required. Failure to pay the special NID assessment is handled in the same manner as failure to pay property taxes. Failure to pay property taxes. may result in the sale of the real property by the County at a tax sale. Further, The IRS has determined that special assessments cannot be deducted from a property owner's income taxes, as can real and personal property taxes.

AREN'T BOND ISSUES DIFFICULT TO SET UP AND EXPENSIVE?


Yes and No. First, bond issues, including those issued for .Neighborhood Improvement Districts, create an obligation for the issuing agency, which pledges its "full faith and credit" to secure the bonds. This means that should a default occur and repayment of the principal and interest on the bonds not occur as scheduled, the issuing agency, in this case Jefferson County, has pledged to make the delinquent payments. Therefore, the legal and financial structure of these bond issues is of critical importance both to ensure that the project is financially viable and, should a default occur, that sufficient protection is in place to minimize the potential for losses.

To correctly structure and market general obligation bonds takes several professionals. First, bond counsel must be retained. The bond counsel serves several purposes including structure of the issue, drafting the documents, certifying its tax-exempt status and other related actions. A trustee must be retained. A trustee is the paying agent for the issuance. It is the trustee who certifies that sufficient funds are available to meet de ' debt service obligations. In some instances, an underwriter is retained to market the bonds. The marketing function involves the determination of the bond interest rates and providing potential customers to purchase the bonds. The bonds and various disclosure documents must be printed. In certain instances, a financial advisor is retained to provide independent financial analysis of the project to ascertain risk. The costs incurred in completing these and other related tasks are called the costs of issuance. These costs are added to the obligation and are part of the overall issuance. Therefore, bond issues can become expensive to develop.

However, one must consider the fact that interest rates for government backed securities, including those issued for Neighborhood Improvement Districts, will carry an interest rate substantially lower than the interest rates normally available to individuals. Since these bonds generally carry only a minimal level of risk, the interest rate will be significantly low.

Therefore, in considering whether to pursue a Neighborhood Improvement Project, one must weigh the costs of complying with the "red tape" normally associated with government financing with the substantially lower interest rate offered by using government backed securities.

DOES THE SIZE OF A PROJECT HAVE ANY IMPACT?


Yes. Given that the most likely means of financing Neighborhood Improvement projects is through the issuance of bonds, it is important that projects be of sufficient size to warrant the costs involved in bond issuance. It makes very little sense to use bond financing for a small project if the costs of issuance add appreciably to the project, Further, the bond market generally favors larger issues over smaller issues. There are distinct cost savings for larger issues when compared to smaller issues. Therefore, for the purposes of this program, the following standards have been established:

The minimum project size for a "stand alone - Neighborhood Improvement District bond issue is $1. 0 million. Projects with total costs below this threshold are eligible for participation in the Neighborhood Improvement District Program but generally will be "pooled" with other similarly sized projects for bond issuance purposes. This will allow the issuance costs to he divided among the projects in the "pool". The result of this pooling should result in both a lower overall interest rate for these projects while keeping issuance costs at a reasonable level. Pooling may result in a change in project construction scheduling/sequencing to ensure that a sufficient number of smaller projects can be 'Packaged" for bond issuance purposes. Projects with total costs of less that? $100,000 are generally discouraged from seeking Neighborhood Improvement District funds.

The County Commission is willing to consider any project and can make adjustments to this standard should circumstances or the public interest justify.

ARE THERE ANY SPECIAL REQUIREMENTS FOR ESTABLISHMENT OF A NEIGHBORHOOD IMPROVEMENT DISTRICT?


In addition to the requirements for financing, State Statutes require that the area seeking to be designated as a NED to operate in a readily defined area. Generally, this requires that a metes and bounds survey of the NED area be completed and that a specific legal description be developed for the District. This will require that a survey be completed on the NID boundaries. This survey must be completed by a registered Land Surveyor, licensed by the State of Missouri.

Statutes also require that the total costs for the proposed project be certified. These costs must not vary more than 25% from the estimates included in the election ballot or the petition. If the construction costs exceed this 25% threshold, the NID cannot be expanded to cover the increased costs, regardless of the reason for the cost over run and the responsibility for these increased costs flows directly to the residents and property owners in the NID.

Because these projects involve "public improvements", all projects must include the payment of prevailing wage rates and must comply with the normal bidding and procurement policies of the County. These requirements may increase the cost of the construction portion of the project and may add additional time to the project.

HOW LONG DOES IT NORMALLY TAKE TO FORM A NEIGHBORHOOD IMPROVEMENT DISTRICT?


Because each -Neighborhood Improvement District must be judged on its own strengths and merits, it is not possible to establish a "normal" time frame for establishment. It is important to understand that a Neighborhood Improvement District is a "quasi-public' structure that requires that the County Commission complete several administrative and legislative steps However, the County Commission has committed to expedite the consideration and approval of Neighborhood Improvement District projects.

HOW DO WE GET STARTED?


Given the fact that there are several "up-front" costs required to comply with State Statutes to form a Neighborhood Improvement District, and that these up-front costs may be substantial, the County Commission believes that some discretion must be exercised and a structure developed to review and evaluate proposed NID's. There are some projects that will not be eligible for NID financing. The projects may not be financially viable or there may be other credit factors which preclude NED participation. To prevent the expenditure of large sums of money in anticipation of NID financing, the County Commission has developed a "Pre-Application" which will be used to screen NED proposals. The Pre-Application is designed to help residents to view the project from an investment perspective and to determine its relative strengths and weaknesses.

The components of the Pre-Application are as follows and must be completed on each Neighborhood Improvement District

1. The name of the proposed Neighborhood Improvement District and the principals involved in the project. Principals include the local contact person, the subdivision attorney; the subdivision engineer; the subdivision trustees; and any other individual that will be involved in the project.

2. A Narrative Description of the proposed project. This narrative must include a statement of the problem and the prior steps that the subdivision has taken in attempting to solve the problem. Any sanctions imposed by other governmental agencies, the Health Department for example, should be included in this section; a general description of the area. Included should be the major roads which service the subdivision, the character of the subdivision, in particular, an assessment of whether the area growing, declining, or unchanged; the number of single family homes, businesses,. or other dwelling units in the subdivision; the Utility Companies which serve the area, particularly water company and the sanitary sewer company; Any steps that the subdivision has taken to secure financing for this project and the status of such requests.

3. If available, a metes and bounds survey of the proposed district. If this is not available, a copy of the recorded plat from the Recorder of Deeds office will suffice. If this is not available, an aerial of the proposed area must be provided. These are available, for a cost, either through commercial firms or through the Jefferson County Assessors Office.

4. A list, by street address and mailing address, of all current owners of real property located within the boundaries of the proposed district.

5. An estimate of the cost of construction, including component breakdowns, for the proposed improvement project. This estimate must be submitted on the appropriate form. The Department of Public Works has prepared a Schedule of Unit Costs for construction projects. This can be used to assist in the preparation of this estimate.

It is recommended, but not required, that an engineer registered by the State of Missouri be retained to prepared and seal this estimate. It should be noted that construction projects funded through Neighborhood Improvement Districts are "public works projects" as defined by the State of Missouri and as such are subject to the provisions of the Davis Bacon Act. Prevailing wages must be paid.

6. A petition, which at a minimum, includes the signatures of at least 70% of the owners of real property located within the proposed district.

7. A record of the current annual Subdivision Assessments, including regular and any Special Assessments imposed by the Subdivision; the uses established for this (these) assessment (s); and, a record of payments for each lot or property owner, by street address, for the past three (3) years.

8. A proposed maintenance schedule will be established to ensure that once the improvements has been completed, that it will be adequately maintained.

9. A deposit in the amount of $1,000. This is to be in check form made payable to Jefferson County, Missouri. This deposit is refundable, either fully or partially, if the project is not fully approved for participation in the Jefferson County Neighborhood improvement District Program.

Six copies of this Pre-Application is to be submitted to the Jefferson County Commission as follows.

The Jefferson County Commission
Post Office Box 100
Hillsboro, Missouri 63050

ATTN: Neighborhood Improvement Program Work Group

After receipt, the County Commission will refer the Pre-Application to the local work group who will review and evaluate the materials submitted. The work group will also check the property tax payment records on all properties within the proposed NID.

After the review of the Pre-Application is completed, the Work Group will complete a written evaluation of the proposed project. This evaluation will include a recommendation on whether to include the project in the Neighborhood Improvement District Program for Jefferson County. The evaluation will be submitted to the applicant and after comments have been received, will be presented to the Jefferson County Commission for their action.

Projects that successfully complete the Pre-Application screening process, will be moved to the second phase of project evaluation. Those projects which do not successfully complete the Pre-Application Screening Process will receive a full refund of their $ 1,000 deposit.

Those projects which have successfully completed this Pre-Application Screening will then undergo an additional screening, involving Bond Counsel, Project Manager and other Professionals as deemed necessary. This review and evaluation will consider the structure and bond packaging of the project. This screening will determine whether the project structure can meet current standards, including legal and financial standards, for financing the project. This evaluation will include a recommendation on whether to include the project in the Neighborhood Improvement District Program for Jefferson County. The evaluation will be submitted to the applicant for comment and to the County Commission for their action.

Projects that successfully complete this review will be included in the Jefferson County Neighborhood Improvement Program the development of a Formal NED Proposal will be started. Those projects which do not successfully complete this review will receive a partial refund of their $1,000 deposit. The amount of the refund will be dependent upon the number of professionals involved as well as the time required to adequately assesses the project.

There will be no reimbursement of deposit funds for projects included in the County Neighborhood Improvement Program.

It is important to recognize that projects that have successfully completed the Pre-Application screening process are eligible to have costs reimbursed, as allowable under State Statutes, for the completion of the requirements of the Formal Proposal. This Formal Proposal development will -Include all statutory requirements including, but not limited to:

1. The completion of a metes and bounds survey and the development of a project legal description;

2. The development and certification of costs associated with the project. This is to include construction costs (developed through a formal bidding process); the costs of issuance of the bonds to finance the project; the administrative costs for the project; and any other allowable costs deemed necessary and appropriate for the successful operation and management of the Neighborhood Improvement District; and,

3. The completion and submission of a petition which complies with the statutory requirements of section 67.457 RSMO.

-OR

The conduct of an election which complies with the statutory requirements of section 67.457 RSMO

WHO CAN I CALL FOR FURTHER INFORMATION OR IF I NEED HELP IN COMPLETING THE NEIGHBORHOOD IMPROVEMENT DISTRICT PRE APPLICATION?



FORMATION OF A NEIGHBORHOOD IMPROVEMENT DISTRICT POSSIBLE PROJECT FLOW UNDER A PETITION FORMAT

  1. Applicant completes Pre-Application and submits completed material to the County Commission for action. Incomplete Pre-Applications are returned to the Applicant
  2. County Commission refers Pre-Application to a Work Group for review and recommendation, The composition of file Work Group is determined by County Commission
  3. Work Group reviews Pre-Application . Particular attention is Paid to project size, scope. Ability to repay, Ability to maintain and the impact of the project on surrounding areas
  4. Work Group presents its findings to the County Commission. Findings are to include either a recommendation to include or exclude project for further NID consideration
    County Commission accepts project for NID consideration
  5. County Commission assigns Bond Counsel & Project Administrator to the project
  6. Bond Counsel and Project Administrator meet with the Applicant to review project and structure.
  7. Bond Counsel and Project Administrator report to the County Commission on Proposed Project Structure
    County Commission accepts project for NID Program
  8. County Commission directs Counsel to begin to draft documents to for file Project NID
  9. County Commission authorizes publication of bids for construction of NID improvement
  10. Petition is formalized and file process of executing is begun. The successful "bid" costs are used in the petition
  11. Completed Petition is filed with file County Clerk. Work Group provides Financing proposal for completion of project
  12. (blank)
  13. County Commission Advertises Public Hearing on Project. Project plans and specifications Are available for public inspection
  14. County Commission holds Public Hearing. The Commission hears all objections, may amend file plans & specification or assessments
    County Commission passes project with no objections
  15. County Commission passes all required Resolutions or Ordinances required to form the NID. Commission approves preliminary financing proposal.
  16. Final Project Financing arrangement is made. Bond underwriter is involved if bonds are to be issued. If interim financing is needed arrangements are finalized at this Point
  17. Construction bids awarded, Construction contracts are executed and Financing instruments/obligations are issued. Construction of the project begins.
  18. Property owners are Assessed and assessments are paid This process continues on An Annual basis until all project debt is retired


JEFFERS0N COUNTY MISSOURI
NEIGHBORHOOD IMPROVEMENT DISTRICT PROGRAM
PRE-APPLICATION COVER SHEET

NAME OF THE PROPOSED DISTRICT:


CONTACT PERSON:
ADDRESS:
DATE OF SUBMISSION:

I hereby certify I have been authorized by the _______________________________ to submit this Pre- Application to the Jefferson County Commission for their consideration in the establishment of a Neighborhood Improvement District. I hereby certify the following materials have been completed and six copies of these materials are included in this submission:

In addition to these materials, enclosed is a check in the amount of $ 1,000 (one thousand dollars and no cents) made payable to JEFFERSON COUNTY, MISSOURI. I understand this check is to be deposited by Jefferson County. I understand this deposit is refundable, either fully or partially, only if this proposed project is not accepted into the Jefferson County Neighborhood Improvement District Program. If this project is accepted into the Jefferson County Neighborhood Improvement District Program I understand no refund of this deposit will be made. I understand the decision on whether to include this project in the Neighborhood Improvement District Program of Jefferson County rests solely with the Jefferson County Commission a and, I and the group I represent will cooperate to the fullest extent possible in the review and evaluation of this project. I understand this project may not be accepted for inclusion into the Jefferson County Neighborhood Improvement District Program and, I and the group I represent shall hold harmless Jefferson County, Missouri, the Jefferson County Commission, and employees of Jefferson County involved in the review and evaluation of this project from actions or cause of action resulting from this process.

PRINTED NAME

SIGNATURE



JEFFERSON COUNTY MISSOURI
NEIGHBORHOOD IMPROVEMENT
DISTRICT PROGRAM:
PRE-APPLICATION
PART I

NAME OF PROPOSED PROJECT:


LOCATION OF THE PROJECT:
CONTACT PERSON:
ADDRESS:
Telephone Number:
Fax Number:

SUBDIVISION ATTORNEY:


ADDRESS:
Telephone Number:
Fax Number:

PROJECT ENGINEER:


ADDRESS:
Telephone Number:
Fax Number:

SUBDIVISION TRUSTEES:

OTHER PARTICIPATING INDIVIDUALS/PARTIES:



JEFFERSON COUNTY, MISSOURI
NEIGHBORHOOD IMPROVEMENT
DISTRICT PROGRAM
PRE-APPLICATION
PART 2

Provide a NARRATIVE DESCRIPTION of the Proposed Project. This NARRATIVE should begin with a STATEMENT OF THE PROBLEM; the identification of the PRIOR STEPS TAKEN TO SOLVE THE PROBLEM; a SUMMARY OF ANY SANCTIONS IMPOSED ON THE AREA BY A GOVERNMENTAL AGENCY (the Health Department, the Department of Natural Resources, the Building Department, for example); a DESCRIPTION OF THE CHARACTER OF THE AREA (i.e.. Primarily residential; mixed development; commercial or industrial; etc.), whether the area is growing, declining or is generally unchanged; THE NUMBER OF STRUCTURES IN THE AREA including the number of single family homes, multi-family units, manufactured homes, businesses and other structures; IDENTIFICATION OF THE LOCAL UTILITY COMPANIES specifically the Water Supply District and the Sanitary Sewer Company; and any prior STEPS TAKEN TO SECURE FINANCING FOR THIS PROJECT.

Please attach additional sheets if needed.



JEFFERSON COUNTY, MISSOURI
NEIGHBORHOOD IMPROVEMENT
DISTRICT PROGRAM
PRE-APPLICATION
PART 4

LIST OF PROPERTY OWNERS BY STREET ADDRESS.


Duplicate this form as needed to provide sufficient space for all owners. Please print or type this information. No signatures are required on this form. Include all property owners. Do not include renter information. Include information on all property, including unimproved property and non-residential property.

ADDRESS      STREET NAME      OWNER (S) NAME




JEFFERSON COUNTY, MISSOURI
NEIGHBORHOOD IMPROVEMENT
DISTRICT PROGRAM
PRE-APPLICATION
PART 6

PROPERTY OWNER PETITION


We, the undersigned PROPERTY OWNERS currently own property within the boundaries of the area petitioning to be designated a Neighborhood Improvement District by the Jefferson County Commission- By signing this petition, I hereby certify the following: (1 I understand designation as a Neighborhood Improvement District shall result in an increase in my Annual Property Taxes due to Jefferson County-, (2) 1 have been advised of the estimated cost of the proposed improvement and this cost is to be divided between all properties within the proposed Neighborhood Improvement District; (3) 1 understand the estimated cost does not include several cost factors that shall increase the cost of this project as well as the Annual Property Taxes due to Jefferson County; (4) this petition is to demonstrate the level of support and commitment for this project; (5) 1 certify that I am the owner of record of the real property located at the address herein specified

PRINT NAME     PROPERTY ADDRESS     SIGNATURE


I ________________ hereby certify the names and signatures contained on this petition are true and correct and in each case, the individuals presented proof they indeed were the person they represented themselves to be and all signed as their free act and will and that all signatures were collected on the ____day of ____, 19

PRINTED NAME

SIGNATURE