Streetcar Opposition

Transportation topics in KC
loftguy
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Re: Streetcar Opposition

Postby loftguy » Wed Jul 26, 2017 2:53 pm

pash wrote:Note that the apartments proposed for Manor Square will be inside the boundaries of the Westport CID, and the apartments proposed for the BoA site will be inside the Broadway CID's boundaries. What happens when residents are added to a formerly unpopulated jurisdiction of this sort? Does it automatically switch from the set of rules that allows only property-owners to vote to the other set that allows only residents to vote?

I haven't read the CID statutes recently, but I think that's exactly what would happen if residents suddenly popped up in a TDD that originally contained none: the statutes are written so that one set of rules applies if there are no residents, and a different set applies if there are residents. Different sets of people are empowered to vote in each case; it seems to follow that if the number of residents goes from zero to non-zero (or vice versa), there's a sudden change of regime.


Only real property owners have a 'vote' in CID initiation, changes to operation and CID continuation beyond the initial term.

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Re: Streetcar Opposition

Postby pash » Wed Jul 26, 2017 4:02 pm

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Re: Streetcar Opposition

Postby DaveKCMO » Wed Jul 26, 2017 4:16 pm

the main street CID would be the best comparison, as there are definitely residents inside that boundary now and i know some of them voted (not sure if they were only homeowners).

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Re: Streetcar Opposition

Postby pash » Wed Jul 26, 2017 4:42 pm

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Re: Streetcar Opposition

Postby pash » Wed Jul 26, 2017 4:49 pm

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grovester
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Re: Streetcar Opposition

Postby grovester » Wed Jul 26, 2017 5:13 pm

Pash, I think you've found your special purpose in life. Power to the people!

Seriously, some big ramifications if actually enforced.

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Re: Streetcar Opposition

Postby pash » Wed Jul 26, 2017 5:44 pm

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Re: Streetcar Opposition

Postby town cow » Thu Jul 27, 2017 7:28 am

The MO CID statute doesn't say everything the CId does needs to be a public improvement; it may benefit the public by curing blight. Here are the CID powers:

(1) To adopt, amend, and repeal bylaws, not inconsistent with sections 67.1401 to 67.1571, necessary or convenient to carry out the provisions of sections 67.1401 to 67.1571;
(2) To sue and be sued;
(3) To make and enter into contracts and other instruments, with public and private entities, necessary or convenient to exercise its powers and carry out its duties pursuant to sections 67.1401 to 67.1571;
(4) To accept grants, guarantees and donations of property, labor, services, or other things of value from any public or private source;
(5) To employ or contract for such managerial, engineering, legal, technical, clerical, accounting, or other assistance as it deems advisable;
(6) To acquire by purchase, lease, gift, grant, bequest, devise, or otherwise, any real property within its boundaries, personal property, or any interest in such property;
(7) To sell, lease, exchange, transfer, assign, mortgage, pledge, hypothecate, or otherwise encumber or dispose of any real or personal property or any interest in such property;
(8) To levy and collect special assessments and taxes as provided in sections 67.1401 to 67.1571. However, no such assessments or taxes shall be levied on any property exempt from taxation pursuant to subdivision (5) of section 137.100. Those exempt pursuant to subdivision (5) of section 137.100 may voluntarily participate in the provisions of sections 67.1401 to 67.1571;
(9) If the district is a political subdivision, to levy real property taxes and business license taxes in the county seat of a county of the first classification containing a population of at least two hundred thousand, as provided in sections 67.1401 to 67.1571. However, no such assessments or taxes shall be levied on any property exempt from taxation pursuant to subdivisions (2) and (5) of section 137.100. Those exempt pursuant to subdivisions (2) and (5) of section 137.100 may voluntarily participate in the provisions of sections 67.1401 to 67.1571;
(10) If the district is a political subdivision, to levy sales taxes pursuant to sections 67.1401 to 67.1571;
(11) To fix, charge, and collect fees, rents, and other charges for use of any of the following:
(a) The district's real property, except for public rights-of-way for utilities;
(b) The district's personal property, except in a city not within a county; or
(c) Any of the district's interests in such real or personal property, except for public rights-of-way for utilities;
(12) To borrow money from any public or private source and issue obligations and provide security for the repayment of the same as provided in sections 67.1401 to 67.1571;
(13) To loan money as provided in sections 67.1401 to 67.1571;
(14) To make expenditures, create reserve funds, and use its revenues as necessary to carry out its powers or duties and the provisions and purposes of sections 67.1401 to 67.1571;
(15) To enter into one or more agreements with the municipality for the purpose of abating any public nuisance within the boundaries of the district including, but not limited to, the stabilization, repair or maintenance or demolition and removal of buildings or structures, provided that the municipality has declared the existence of a public nuisance;
(16) Within its boundaries, to provide assistance to or to construct, reconstruct, install, repair, maintain, and equip any of the following public improvements:
(a) Pedestrian or shopping malls and plazas;
(b) Parks, lawns, trees, and any other landscape;
(c) Convention centers, arenas, aquariums, aviaries, and meeting facilities;
(d) Sidewalks, streets, alleys, bridges, ramps, tunnels, overpasses and underpasses, traffic signs and signals, utilities, drainage, water, storm and sewer systems, and other site improvements;
(e) Parking lots, garages, or other facilities;
(f) Lakes, dams, and waterways;
(g) Streetscape, lighting, benches or other seating furniture, trash receptacles, marquees, awnings, canopies, walls, and barriers;
(h) Telephone and information booths, bus stop and other shelters, rest rooms, and kiosks;
(i) Paintings, murals, display cases, sculptures, and fountains;
(j) Music, news, and child-care facilities; and
(k) Any other useful, necessary, or desired improvement;
(17) To dedicate to the municipality, with the municipality's consent, streets, sidewalks, parks, and other real property and improvements located within its boundaries for public use;
(18) Within its boundaries and with the municipality's consent, to prohibit or restrict vehicular and pedestrian traffic and vendors on streets, alleys, malls, bridges, ramps, sidewalks, and tunnels and to provide the means for access by emergency vehicles to or in such areas;
(19) Within its boundaries, to operate or to contract for the provision of music, news, child-care, or parking facilities, and buses, minibuses, or other modes of transportation;
(20) Within its boundaries, to lease space for sidewalk cafe tables and chairs;
(21) Within its boundaries, to provide or contract for the provision of security personnel, equipment, or facilities for the protection of property and persons;
(22) Within its boundaries, to provide or contract for cleaning, maintenance, and other services to public and private property;
(23) To produce and promote any tourism, recreational or cultural activity or special event in the district by, but not limited to, advertising, decoration of any public place in the district, promotion of such activity and special events, and furnishing music in any public place;
(24) To support business activity and economic development in the district including, but not limited to, the promotion of business activity, development and retention, and the recruitment of developers and businesses;
(25) To provide or support training programs for employees of businesses within the district;
(26) To provide refuse collection and disposal services within the district;
(27) To contract for or conduct economic, planning, marketing or other studies;
(28) To repair, restore, or maintain any abandoned cemetery on public or private land within the district; and
(29) To carry out any other powers set forth in sections 67.1401 to 67.1571.
2. Each district which is located in a blighted area or which includes a blighted area shall have the following additional powers:
(1) Within its blighted area, to contract with any private property owner to demolish and remove, renovate, reconstruct, or rehabilitate any building or structure owned by such private property owner; and
(2) To expend its revenues or loan its revenues pursuant to a contract entered into pursuant to this subsection, provided that the governing body of the municipality has determined that the action to be taken pursuant to such contract is reasonably anticipated to remediate the blighting conditions and will serve a public purpose.

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Re: Streetcar Opposition

Postby pash » Thu Jul 27, 2017 3:50 pm

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Last edited by pash on Thu Aug 10, 2017 6:13 am, edited 1 time in total.

loftguy
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Re: Streetcar Opposition

Postby loftguy » Thu Jul 27, 2017 5:17 pm

pash wrote:OK, I looked up the CID statutes. And as I suspected, no, that's not correct, loftguy.

Changes in taxes assessed under a CID, and appointments to the CID board, must be approved by a majority of "qualified voters". These are defined at §67.1401(14):



I'm not qualified to interpret the statutes, but your assessment doesn't jive with the interpretations that have been shared with me over the years.

Here's an excerpt of a legal summary provided to me six years ago, regarding the formation of Missouri CID's and related assessment.

"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.
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.

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Re: Streetcar Opposition

Postby pash » Thu Jul 27, 2017 5:30 pm

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Last edited by pash on Thu Aug 10, 2017 6:12 am, edited 1 time in total.

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Re: Streetcar Opposition

Postby DaveKCMO » Sun Jul 30, 2017 8:09 am

oppo lit:

Image

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Re: Streetcar Opposition

Postby KCPowercat » Sun Jul 30, 2017 7:52 pm

So timely to send that out after I should have mailed my ballot. Lol

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DaveKCMO
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Re: Streetcar Opposition

Postby DaveKCMO » Wed Aug 02, 2017 8:48 pm

Kansas City Is Voting On Multiple Streetcar Issues — Whatever Happens, Brace For A Fight
http://kcur.org/post/kansas-city-voting ... race-fight

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Re: Streetcar Opposition

Postby flyingember » Fri Aug 04, 2017 9:05 am

https://www.dropbox.com/s/mq75eds6fyob2 ... .docx?dl=0

Feel free to use. Order of places is on purpose, want to stress east side connections.

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Re: Streetcar Opposition

Postby DaveKCMO » Fri Aug 04, 2017 9:07 am

dejanes didn't show up at the waldo town hall last night. she was on the agenda to speak to question 1, so i spoke about it instead. ;-)

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Re: Streetcar Opposition

Postby KCPowercat » Fri Aug 04, 2017 9:36 am

Nice

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DaveKCMO
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Re: Streetcar Opposition

Postby DaveKCMO » Fri Aug 04, 2017 9:57 pm

The Star says vote NO on Question 1: http://www.kansascity.com/opinion/edito ... 78787.html

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Re: Streetcar Opposition

Postby Highlander » Sat Aug 05, 2017 12:18 pm

DaveKCMO wrote:The Star says vote NO on Question 1: http://www.kansascity.com/opinion/edito ... 78787.html


Glad they did not endorse it but they certainly did not make that a headline on their digital version like they did other components of the election.

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Re: Streetcar Opposition

Postby flyingember » Sat Aug 05, 2017 1:01 pm

Interesting point on the fine aspect was made today.

The ordinance doesn't define who pays or where the money goes or who enforces it.


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