2009_11_05_Taney_County_Ordinances.pdf
• IN THE COUNTY COMMISSION OF TANEY COUNTY, MISSOURI
• IN THE COUNTY COMMISSION OF TANEY COUNTY, MISSOURI
AN ORDINANCE REGULATING USE OF TANEY COUNTY
AIRPORT/GRAHAM CLARK FIELD AND DESIGNATING
AIRPORT MANAGER TO SUPERVISE USE OF AIRPORT
PROPERTY
WHEREAS, Taney County Airport/Graham Clark Field is owned and operated by Taney
County, Missouri; and,
WHEREAS, the Taney County Commission is a Missouri county of the first
classification; and
WHEREAS, Section 49.266 of the Revised Statutes of Missouri sets forth that the
county commission in first class counties may by order or ordinance, promulgate
reasonable regulations concerning the use of county property; and,
WHEREAS, Section 49.270 of the Revised Statutes of Missouri sets forth that the
county commission shall have control and management of the property, real and personal,
belonging to the county; and,
• WHEREAS, the efficient and economically prudent operation of the Taney
CountyAirport/Graham Clark Field is in the best financial interests of Taney County,
Missouri and its taxpayers; and,
WHEREAS, Taney County, Missouri enters into contracts with vendors to operate
certain businesses at the airport that are normally associated with the operation of an
airport; and,
WHEREAS, the proceeds from contracts with vendors help to offset the expense to the
taxpayers of Taney County, Missouri in operating the airport;
NOW THEREFORE BE IT ORDAINED BY THE COUNTY COMMISSION OF
THE COUNTY OF TANEY, MISSOURI, AS FOLLOWS:
SECTION 1. County Ordinances are hereby added to by the adoption of this ordinance
regulating the use of certain Taney County property known as the Taney County
Airport/Graham Clark Field as follows:
A. Trespassing.
Airport property is devoted to the use of the passengers, passenger guests,
airport employees, airport tenants, and other persons who have business at
the airport. No person shall enter upon airport property who does not have
•
business at the airport. The airport manager, law enforcement personnel,
or other personnel authorized by the airport manager may request any
person who does not have business at the airport or who is in violation of
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. -)
• any rules or regulations of the airport to leave airport property. Any
person who fails to comply with this request to leave airport property or
fails to abide by regulations on file with the county clerk shall be a
trespasser.
B. Tenants and vendors.
Only those persons or entities that have prior written approval from the
airport manager or that have a written contract with Taney County,
Missouri may engage in activities on the property of the Taney County
Airport. Any person or entity that is seeking to engage in business activity
or is engaging in business activity on Taney County Airport property shall
not be deemed to fit within the definition of those having business at the
airport as set forth above in paragraph A, unless such person or entity has
first obtained the written permission of the Taney County Airport Manager
or entered into a written contract with Taney County, Missouri to conduct
business on Taney County Airport property.
SECTION 2. Effective date.
This ordinance shall be in full force and effect from and after its passa~.
SECTION 3. Other remedies.
This ordinance does not preclude or prevent Taney County,
• Missouri from taking all other actions available to it against trespassers or
others who violate rules or regulations concerning county property.
PASSED AND SO ORDAINED AT THE COURTHOUSE IN FORSYTH,
MISSOURI ON THIS ~DAY OF JULY, 2006.
VOTE: AYE _ _3=-' _ NAY _-"""0",,,,-) _
CHUCK PENNEL
PRESIDING COMMISSIONER
RON HERSCHEND
WESTERN COMMISSIONER
•
•
CITY OF FORSYTH
TA:t\1EY COUNTY, I\.lISSOURI
BILL NO. 423 ORDINANCE NO. i,AJ-i
AN ORDINANCE ANNEXING CERTAIN ADJACENT TERRITORY INTO IRE
CITY OF FORSYTH, :MISSOURI.
WHEREAS, on August 17, 2009 a verified petition signed by all the owners of real
estate hereinafter described requesting annexation of said territory into the City of
Forsyth, IV1issouri \vas filed with the City Clerk; and
• WHEREAS, said real estate as hereinafter described is adjacent and contiguous to
the present corporate limits of the said City of Forsyth, 1v1i~souri; and
\\1ffiREA.S, said verified petition was presented to the Board of A.ldermen of the
City of Fors)1h at its regular meeting held August 17, 2009; and
WHEREAS, a public hearing concerning said matter was held at the Forsyth
1vlunicipal Building, 15405 U. S. Highway 160, Forsyth, I\.1issouri, at the hour of 7:00
p.m. on September 21,2009; and
\VHEREAS, notice of said public hearing was given by publication of notice
thereof, on September 9, 2009 in the Branson Tri Lakes Newspaper a newspaper of
general circulation in the County of Taney, State of:rvfissouri; and
\\!fIEREAS, at said public hearing all interested person, corporations, or political
subdivisions were afforded the opportunity to present evidence regarding the proposed
annexation; and
\VHEREAS, no certified written objection to the proposed annexation \vas filed
\'lith the Board of Aldermen of the City of Forsyth, 1vlissouri, within fourteen days after
the public hearing; and
• WHEREAS, the Board of Aldermen of the City
." .' of Forsyth,
".'
"t'vfissouri does now fmd
and detetmine that said annexation is reasonable and necessary to the proper
development of the said City of Forsyth; and
• \VHEREAS, the City is able to furnish municipal services to said area within a
reasonable time after annexation. The Road right of way will not be the responsibility
of the City of Forsyth but will remain private streets.
NOW THEREFORE, be it ordained by the Board of Aldermen of the City of
Forsyth, A/lissouri, that;
SECTION I: pursuant to the provIsIons of Section 17.012 RS:tvlo, 1976 as
amende~ the following described real estate is hereby annexed into the City of Forsyth,
:Nlissouri, to-wit:
Legal Description
RESERVE ON SKYLIN'E. Lot 1, 2, 9 and 10 of Phase I, the Reserve on Skyline,
Lot 3, 4, 5, 6, 7, 8 and 11 ofPhase II, the Reserve on S1:yline.
SECTION IT: The boundaries of the City ofFOl"Syth, ~/Iissouri are hereby altered so
as to encompass the above-described tract of land lying adjacent and contiguous to the
present corporate limits.
SECTION III: The City Clerk of the City of Forsyth is hereby ordered to cause
three (3) certified copies of this ordinance to be filed with the Taney County Clerk.
SECTION IV: This ordinance shall be in full force and effect fl:om and after its
passage and approval.
PASSED A~TJ) APPROVED by the Board of Aldermen of the City of Forsvth tIns
i!l day of Cd ,2009. - - •
~iJ:Y({lcl-
rvlayor of the City of Fors_ .1
~
... n
'=_ 'l4L __
Altest:
------u
City Clerk
I hereby certif~v that the foregoing is a true and correct copy of Ordinance Number __
as same appears in the official records of the City of Forsyth, County of Taney, State of
•
lvIissouri.
City Clerk
• IN THE COUNTY COMMISSION OF TANEY COUNTY, MISSOURI
•
AN ORDINANCE TO REGULATE VICIOUS DOGS, STRAY DOGS AND DOGS
AT LARGE, TO ENHANCE THE PUBLIC HEALTH AND PREVENT
INFECTIOUS, CONTAGIOUS, COMMUNICABLE OR DANGEROUS
DISEASES WITHIN THE COUNTY
WHEREAS, vicious dogs, stray dogs, and dogs at large endanger the public health and
pose a risk of infectious, contagious, communicable or dangerous diseases within the
County; and,
WHEREAS, Section 192.300 of the Revised Statutes of Missouri permits the County
Commission to make and promulgate ordinances as will tend to enhance the public health
and prevent the entrance of infectious, contagious, communicable or dangerous diseases
into the County; and,
WHEREAS, Section 192.300 of the Revised Statutes of Missouri provides that the
County Commission may establish reasonable fees to pay for any costs incurred in
carrying out the ordinance.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
• 1. Definitions. For the purposes of this Ordinance, the following terms shall
have the following meanings:
• a. Vicious dog. Any dog of any breed which without provocation or
command bites or injures a human being or exhibits a pattern of behavior of biting
or attacking human beings, or which habitually attacks other dogs, cats or
animals.
b. Stray Dog. A dog of any breed or mixture of breeds found off or
outside of the real property owned or possessed by its owner.
c. Dog at Large. A dog of any breed or mixture of breeds found off or
outside of the real property owned or possessed by its owner.
d. Designated Person. Any person designated by the Taney County
Commission to implement or enforce this Ordinance.
e. Impound. A place for keeping or confining dogs taken up pursuant to this
Ordinance.
f. Impounded Dog. A dog taken up or impounded pursuant to this
•
Ordinance.
•
• 2. After complaint is made to the Taney County Commission or to any
Designated Person, any Vicious Dog, Stray Dog, or Dog at Large may be
•
taken up and impounded by any Designated Person.
3. Any Designated Person taking up or impounding a dog pursuant to this
Ordinance shall immediately notify the office of the Taney County
Commission ofthe following information:
a. the date, time and place such dog was taken up;
b. a description of said dog;
c. the owner's name, address, and telephone number, ifknown; and
d. the place where said dog is impounded.
4. Any Designated Person that takes up or impounds a dog pursuant to this
Ordinance shall make a diligent inquiry as to the identity of the dog's owner.
5. If any dog is found with identification, or if a Designated Person detennines
the identity of the owner, the Designated Person shall make reasonable efforts
•
to notify the owner that the dog has been taken up and impounded, and of the
location of the Impound where such dog was taken.
6. Impounded Dogs shall be kept for a period of at least seven days in a suitable
• place designated by the Taney County Commission or the Designated Person.
Such suitable places may include, but are not limited to animal shelters
owned, operated or maintained by:
a. Taney County; or
b. any person or entity designated by the Taney County Commission;
c. or by any city or village; or
d. by a humane society, animal welfare society, society for the prevention
of cruelty to animals, or other not for profit organization devoted to the
welfare, protection and humane treatment of animals.
7. The owner of an Impounded Dog shall be responsible to pay the charges
imposed by the Taney County Commission for taking up, transporting,
keeping and caring for an Impounded Dog.
8. An Impounded Dog may be redeemed by its owner as follows:
•
• 2
• a. On the first occasion that a dog is impounded pursuant to this
ordinance, the owner may redeem it by paying the usual and ordinary
charges imposed by the animal shelter for taking up, transporting,
• b.
keeping and caring for such dog.
On the second occasion that a Stray Dog or Dog at Large is
impounded pursuant to this ordinance, the owner of an hnpounded
Dog may redeem it by paying the usual and ordinary charges imposed
by the animal shelter for taking up, transporting, keeping and caring
for such dog, plus a penalty of fifty dollars.
c. On the third or subsequent occasion that a Stray Dog or Dog at Large
is impounded pursuant to this ordinance, the Taney County
Commission and/or its Designated Person may in his or her discretion
determine that the owner of an hnpounded Dog may redeem it by
paying the usual and ordinary charges imposed by the animal shelter
for taking up, transporting, keeping and caring for such dog, plus a
penalty of seventy-five dollars.
9. After being impounded for seven days, an Impounded Dog that has not been
redeemed may be put up for adoption or put to death by a humane method.
• 10. On any occasion that a Vicious Dog is impounded pursuant to this Ordinance,
the Taney County Commission may apply to the Circuit Court or to the
Associate Division of the Circuit Court in a civil proceeding, in a quasi
• criminal proceeding, or in a criminal proceeding, for a determination that the
dog is vicious as defined in this Ordinance, and for an order that said dog be
put to death by a humane method. However, the Taney County Commission
may in its discretion release a dog adjudged vicious to its owner upon
payment of the costs set forth in paragraph 8(a) above, and upon proof of
compliance with the conditions set forth in paragraph 11 below.
11. No person shall own, keep, harbor or allow to be in or upon his premises any
dog of a cross, dangerous, vicious, or ferocious disposition, or which
habitually snaps at or bites or manifests a disposition to bite or attack persons
or animals or pets, unless such dog is securely confined upon such premises;
the following will apply:
a. All dogs described in paragraph 11 and 12 shall be securely confined
indoors or in a securely enclosed and locked kennel. The kennel shall
be of a size appropriate to the size of the dog kept therein and shall
provided adequate ventilation, shade from the sun and protection from
the elements. In the event of a dispute over the appropriate size, the
guidelines of the USDA (APHIS 9 CFR) shall apply. The kennel must
• have secure sides at sufficient height and a secure top attached to the
sides to prevent escape. Such kennel must have a secure bottom or
• 3
• floor attached to the sides of the kennel, or the sides of the kennel must
be embedded in the ground no less than two (2) feet. The kennel must
be locked with a key or combination lock when such animals are
• within the structure. Any such kennel must be located at least ten (10)
feet from any property line and must comply with all zoning and
building regulations of the county;
b. When confined indoors, no such dog may be kept on a porch, patio or in
any part of a house, building or structure that would allow the dog to exit
such building of its own volition. No such dog may be kept in a house,
building or structure when the windows or screen doors are not sufficient
to prevent the dog from exiting the structure;
c. No person shall permit a dog as described in subsection (a) of this section
to go outside its kennel or secure structure unless that person has the dog
securely leashed on a leash no longer than four (4) feet in length and that
person has physical control of the leash. Such dogs shall not be leashed to
inanimate objects such as trees, posts, buildings, etc. Additionally, all such
dogs on a leash outside the animal's kennel or a secure structure must be
muzzled by a muzzling device sufficient to prevent the dog from biting
persons or other animals;
• d. As directed by the animal control officer, a sign or signs shall be
conspicuously posted upon the kennel of such dogs with letters at least
two (2) inches high containing the following: "Beware of Dangerous
• Dog."
e. All owners, keepers or harborers of any dog as described in subsection (a)
of this section must present to the animal control officer proof of public
liability insurance in a single incident amount of fifty thousand dollars
($50,000) for bodily injury to or death of any person or persons or for
damage to property owned by any persons which may result from the
ownership, keeping or maintenance of such animal. Such insurance policy
shall provide that no cancellation of the policy will be made unless ten
(10) days written notice is first given to the animal control officer.
f. Upon conviction of any person of a violation of this section, the circuit
court judge may, in addition to the usual judgment upon conviction, order
:i the animal control officer to forthwith take up and put to death such dog.
\ .'l-
ll).i'1V'g ..\ Any person who violates any requirement or provision of these regulations
i\.f[Y G/ shall be deemed guilty of a misdemeanor and shall be punished as
\ provided in Section 192.300, RSMo., including but not limited to
imposition of civil fines up to $1,000.00 for violations of these regulations
• and/or incarceration in the County Jail for up to 180 days. The penal
remedy provided herein shall not be exclusive and the County may seek
• 4
• and obtain in their own name any other judicial relief provided for in
equity or at law, including, but not limited to declaratory and injunctive
reI ief as may be appropriate under the circumstances.
• 12.
13.
On the second or subsequent occasion that a Vicious Dog is impounded
pursuant to this Ordinance, the dog may be put to death by a humane method.
Notwithstanding any other provision of this Ordinance, any dog suspected of
being contaminated with the rabies virus shall be kept in isolation for
observation for at least ten days.
14. The Taney County Commission shall have the authority to make rules and
regulations to carry out the purposes of this Ordinance, as follows:
a. The Taney County Commission may propose rules based upon
substantial evidence on the record and a finding by the Taney County
Commission that the rule is necessary to carry out the purposes of this
Ordinance.
b. No rule or regulation promulgated by the Taney County Commission
shall be valid in the event that:
• (1) There is an absence of legal authority for the rule or any portion
thereof; or
• (2) The rule is in conflict with state law; or
(3) The rule is so arbitrary and capricious as to create such
substantial inequity as to be unreasonably burdensome on
persons affected.
c. To promulgate rules or regulations under this Ordinance, the Taney
County Commission shall adopt procedures by which it will detennine
whether a rule is necessary to carry out the purposes of this Ordinance.
Such criteria and rulemaking shall be based upon reasonably available
empirical data and shall include an assessment of the effectiveness and
the cost of rules both to the County and to any private or public person
or entity affected by such rules.
d. No rule shall hereafter be proposed, adopted, amended or rescinded by
the Taney County Commission unless the Taney County Commission
shall first file with the Clerk of the County Commission a notice of
proposed rulemaking and a subsequent final order of rulemaking, both
of which shall be published in a newspaper of general circulation
• within the County qualified as a legal publication as soon as
practicable after the filing thereof with the Clerk of the County
• 5
• Commission. Neither the Taney County Commission nor the Clerk of
the County Commission shall publish any proposed rulemaking or
final order of rulemaking that does not fully comply with the
• e.
provisions of Chapter 536 of the Revised Statutes of Missouri. No
proposed order of rulemaking, final order of rulemaking or portion
thereof shall take effect, or be published.
A notice of proposed rulemaking shall contain:
(I) An explanation of any proposed rule or any change in an existing
rule, and the reasons therefore;
(2) The legal authority upon which the proposed rule is based;
(3) The text ofthe entire proposed rule or the entire text of any
affected section or subsection of an existing rule which is
proposed to be amended, with all new matter underlined or
printed in boldface type and with all deleted matter placed in
brackets, except that when a proposed rule consists of material so
extensive that the publication thereof would be unduly
cumbersome or expensive, the Clerk of the County Commission
need publish only a summary and description of the substance of
the proposed rule so long as a complete copy of the rule is made
• immediately available to any interested person upon application
to the adopting state agency at a cost not to exceed the actual cost
of reproduction. A proposed rule may incorporate by reference
• only if the material so incorporated is retained by the Clerk of the
County Commission and made available to any interested person
at a cost not to exceed the actual cost of the reproduction of a
copy. When a proposed amendment to an existing rule is to
correct a typographical or printing error, or merely to make a
technical change not affecting substantive matters, the
amendment may be described in general terms without reprinting
the entire existing rule, section or subsection;
(4) The number and general subject matter of any existing rule
proposed to be rescinded;
(5) Notice that anyone may file a statement in support of or in
opposition to the proposed rulemaking at a specified place and
within a specified time not less than thirty days after publication
of the notice of proposed rulemaking; and
(6) Notice of the time and place of a hearing on the proposed
rulemaking if a hearing is ordered, which hearing shall be not
• less than thirty days after publication of the notice of proposed
rulemaking in a newspaper of general circulation within the
• 6
• County qualified as a legal publication; or a statement that no
hearing has been ordered if such is the case.
• f.
g.
The Taney County Commission, after issuing a notice of proposed
rulemaking, may order a hearing thereon, but no such hearing shall be
necessary unless otherwise required by law.
The Taney County Commission, after publication of the notice of
proposed rulemaking in a newspaper of general circulation within the
County qualified as a legal publication of proposed rulemaking to be
made without a hearing, if the Taney County Commission thereafter
concludes that a hearing is desirable, shall withdraw the earlier notice
and file a new notice of proposed rulemaking, and shall not schedule
the hearing for a time less than thirty days following the publication of
the new notice.
h. Within ninety days after the expiration of the time for filing statements
in support of or in opposition to the proposed rulemaking, or within
ninety days after the hearing on such proposed rulemaking if a hearing
is held thereon, the Taney County Commission shall file with the
Clerk of the County Commission a final order of rulemaking either
adopting the proposed rule, with or without further changes, or
•
withdrawing the proposed rule, which order of rulemaking shall be
published in a newspaper of general circulation within the County
qualified as a legal publication. If the Taney County Commission fails
•
to file the order of rulemaking as indicated in this subsection, the
proposed rule shall lapse and shall be null, void and unenforceable.
1. The final order of rulemaking shall contain:
(1) Reference to the date and page or pages where the notice of
proposed rulemaking was published in a newspaper of general
circulation within the County qualified as a legal publication;
(2) An explanation of any change between the text of the rule as
contained in the notice of proposed rulemaking and the text of
the rule as finally adopted, together with the reason for any such
change;
(3) The full text of any section or subsection of the rule as adopted
which has been changed from that contained in the notice of
proposed rulemaking;
(4) A brief summary of the general nature and extent of comments
•
submitted in support of or in opposition to the proposed rule and
a concise summary of the testimony presented at the hearing, if
• 7
• any, held in connection with said rulemaking, together with a
concise summary of the Taney County Commission's findings
with respect to the merits of any such testimony or comments
• J.
which are opposed in whole or in part to the proposed rule; and
(5) The legal authority upon which the order of rulemaking is based.
Any rule, or amendment or rescission thereof, shall be null, void and
unenforceable unless made in accordance with the provisions of this
section.
k. No rule, except an emergency rule, shall become effective before the
thirtieth day after the date of publication in a newspaper of general
circulation within the County qualified as a legal publication.
15. This Ordinance shall be printed and be made available for distribution to the
public in the office of the Clerk of the County Commission and in the office
of the Taney County Commission. The Clerk of the County Commission
shall cause a copy of this Ordinance to be published in a newspaper of general
circulation within the County qualified as a legal publication for three
successive weeks, not later than thirty days after the entry of this Ordinance.
• DONE AT THE COURTHOUSE IN FORSYTH, MISSOURI ON THIS 2.u DAY OF
FEBRUARY, 2007 .
tit.
• THE COUNTY COMMISSION OF
TANEY COUNTY, MISSOURI
BY:C2~/yvJ '"
CHUCK PENNEL
PRESIDING COMMISSIONER
BY:_?-JL&O-
RON HERSCHEND
WESTERN COMMISSIONER
BY: ~mrJf~
• EASTERN COMMISSIONER
• 8
•
~
ATTEST:
•
•
•
• 9
DEPARTMENT OF HEALTH § 192.323
192.290. State regulations supcn;ede local the public in the office ofthe county clerk, and shall
rules - additionalloeal rules. -- All mles and require a copy of such order to be published in
rC<Julations authorized and made by the depmtment some newspaper in the county in three successive
ot health in accordance with this chapter shall weeks, not later than thirty days after the entry of
supersede as to thos~ matters to, which this chapter such order, ordinance, rule or regulation. An~)":"" ,------.---....:.......,..
relates, all local ordinances, rules and rq:,'11IatJons person, fim1, corporation or association which
and shall be observed throughout the state and violates any of the orders or ordinances adopted
enforced by all local and state health authorities. promulgated and published by such cOlmty com-
Nothing herein shal11imit the right oflocal authori- mission is guilty of a misdemeanor and shall be
tics to make such flllther ordinances, rules and prosecuted, tried and fined as otherwise provided b .
reQUlations not inconsistent with the rules and law.! e county COl11ffiISSIOn or county ealth. --f.-
re~lations presclibed by the dep31tment ofhcalth board of any such county has full power'and au- (Z.> s~ c ",' ,'0)"''- 7
which may be necessary for the particular locality thority to initiate the prosecution of any action
1.ll1der the jurisdiction of such local authorities. '-.!un~d~e::r~tl~1i~s~se~c;.!'t.liio~nh., _ - - - - - - - - - - -
(RSMo 1939 ~ 97 48) (1.. 1945 p. 974 § 9748a, At. 1973 HR 627, A.L. 1987 S.B. 397, A.L
1989 S.B. 68 merged with S.B. 112, et aLl
Prior revisions: !929 ~ 9028; 1919 ~ 5784
192.310. Cities of 75,000 or over excepted
192300. Counties may make additional from sections 192.260 to 192.320. - Nothing in
health rules - fees may be charged, deposit in sections 192.260 to 192.320 shall apply to cities
.~ county treasury, purpose - individuals unable which now have, or may hereafter have, a popula-
t to pay not to be denied health senices - re- tion of seventy-five thousand or over which are
}. . cords and publication - violation a misde- maintaining organized health depmtments; pro-
','.:;meanor. - The county commissions and the vided, tl1at such cities shall furnish the dep3ltrnent
" . cOUllty'health center boards afthe several cOlmties ofhealth reports ofcontagious, infectious, commu-
! may make aJ1d promulgate orders, ordinances, rules nicable or dangerous diseases, which have been
.,~.~ or regulations, respectively as will tend to enhance designated by tl1em as such and such other statisti-
.•.. ~e public health and prevent the entrance of infix- cal information as the board may require.
',. '. nallS, contagious, conllmmicable or dangerous
Ii diseases into such COill1ty, but any orders, ordi-
(RSMo 1939 § 97491
:<i nances, rules or regulations shall not be in conflict Prior revisions: 1929 ~ 9029: 1919 ~ 5785
i with any mles or regulations authorized and made 192.320. Violation of law or quarantine-
4 by the departn1ent ofhealth in accordance \vith this
penalty. - Any person or persons violating any of
J chapter or by the department of social services
tl1e provisions of sections 192.010, 192.020 to
..~ ~der chapter 198, RSMo. 111e county commis- 192.490, 192.600 to 192.620 or who shall leave any
SIOns and the cOlrntv health center boards of the
pesthouse, or isolation hospital, or quarantined
several cOlmties may establish reasonable fees to
house or place without the consent of the health
pay for any cost... incurred in carrying out such
officer havingjurisdiction, or who evades or breaks
orders, ordin311ces, mles or regulations, however,
quarantine or knowingly conceals a case ofconta-
the establishment of sucb fees shall not deny per- gious, inJectious, or commw1icable disease, or \.\"ho
l SOnal health services to those individuals who are
rernoves, destroys, obstmcts fi'om view, or tcars
1 unable to pay such fees or impede tl-te prevention or
dO\V11 any quarantine card, cloth or notice posted by
i COntrol of cOl11lTumicahie disease. Fees generated
the attending physician or by the health officer, or
{ shall be deposited in the county treasury ~ All fees
by direction of a proper hcalth oJIicer, shall be
I ~nerated under the provisions'of this s~ctiol1 shall deemed f:,'Uilty of a class A misdemeanor.
, USed to supPO!t the public health aCTivities J(Jr
1"· ~~Ch thc~ \-vcre generated. A flerthc promulgation I.RSMo len9 § 9 1 50. 1\.L 1951 P 7X4, A.1.. ]')(,1 P 46]. AL 19 7 ,
SB.5aG)
': re adoption of such orders, ordmances, m1cs or
t h ~latJons by such county commIssIon or county Prior rcyisitHlS: J 929 ~ 90,:1.0: 1919 ~ 57g6
· .·. .•....
l.·.· . boca~th board, such commission or county" health 192323. Department of health docurnt'nt
, . decla .shal11;Juke and enter an order or record senkcs fund created - funding by celi<lin fl'CS
.f'. tio .nng ~lIcn orders, ordmances, rules or rcgula- - purpose - amount from fund exempt fmm
t:., .... ns to be Pllntcd and availahle for distJibution to lapse into general revenue. -- I. The '"Dqxnt-
Revised Statutes of Missouri 2000
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tjlr 7·/5'
• TANEY COUNTY COMMISSION
ORDER
WHEREAS the Taney County Commission having determined it
advisable to propound an order relating to protection against
rabies hereby, pursuant to Chapter 322 of the Revised Statutes of
Missouri, finds and orders as follows:
1. Whenever rabies becomes prevalent in any part of the county
it shall be the duty of the County Commission or, when the
Commission is not in session, the Presiding Commissioner, to take
cognizance thereof; and is hereby empowered and ordered to issue a
quarantine order according to the necessity of the case, that each
and every owner or person in charge of any dog or dogs, in the
territory affected, shall either kill or impound every dog owned,
or for the time possessed by him, or have such dog or dogs
immunized. Said order shall be published as provided in section
322.040. Such County Commission or Presiding Commissioner is
authorized by order to terminate any such quarantine whenever, in
their judgment the necessity for it no longer exists.
•
2. Whenever any animal bites, scratches, or otherwise breaks
the skin of any person, the County Health Director shall
investigate ·the incident and order the animal impounded or
otherwise kept up for observation until it can be conclusively
determined that the animal is not infected with rabies; and to take
all other reasonable and necessary action to protect human life and
safety from rabies infection.
3. The provisions of this order shall be enforced, and any
person violating it shall be punished, in accordance with chapter
322 of the Revised Statutes of Missouri.
SO ORDERED, This /::; day
~
0:-~Finnis
_
-:<r!A. K s
. •' ,
-' .>
J1?
Presiding Commissioner Commissioner
E.F. Gann
Eastern District Commissioner
•
• Bill No. 2004-16 Ordinance No. 04-15
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF HOLLISTER,
MISSOURI TO EXECUTE AN AGREEMENT WITH TANEY COUNTY TO ENABLE
THE CITY TO UTILIZE THE RESOURCES AND THE TRAINED STAFF OF THE
COUNTY ANIMAL SHELTER.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF HOLLISTER,
MISSOURI AS FOLLOWS:
Section 1: The Mayor ofthe City of Hollister, Missouri is hereby authorized on behalf of the
City to execute an agreement between the City of Hollister and Taney County.
Section 2: Said agreement to enable the City to utilize the resources and the trained staff of
the County for temporary shelter of any indigent animals and the humane euthanasia ofunadopt-
able animals is incorporated herein and made a part hereof by reference the same as iffully set
out herein.
Section 3: This ordinance shall take effect and be in full force and effect from and after its
passage and adoption by the Board of Aldermen and its signature by the Mayor of the City of
Hollister, Missouri.
• Section 4: All ordinances or parts of ordinances in conflict or inconsistent herewith are
hereby repealed.
READ THIS FIRST AND SECOND TIME AND PASSED AND APPROVED BY THE
BOARD OF ALDERMEN OF THE CITY OF HOLLISTER, MISSOURI THIS 04 DAY
OF MARCH, 2004.
David G. Tate, Mayor
ATTEST:
.,/ii;i ,/(;J .02Cl:J!J.~tl/L
Shery(teard, City Clerk
•
AGREEMENT
• THIS AGREKMENT, made and entered into by and between the City of Hollister, a
political subdivision under the laws of the State of Missouri ("The City") and the County of
Taney, a political subdivision under the laws of the State of Missouri ("The County");
WITNESSETH:
WHEREAS, The City and the County enter into this Agreement to enable the City to
utilize the resources and the trained staff of the County for temporary shelter of any indigent
animals and the humane euthanasia ofunadoptable animals as required by the Animal Welfare
Act of1994.
WHEREAS, The City will have from time to time stray or homeless animals in its
jurisdiction; and
WHEREAS, The County operates an animal shelter for the purpose of providing care of
lost, stray, unwanted, vicious, sick and irijured animals; and
WHEREAS, The County has train~d, certified staff to administer a shelter and contracts
for the humane euthanasia for sick, injured or otherwise unadoptable animals; and
WHEREAS, The County desires to provide this service to the City; and
WHEREAS, The City and the County desire to set forth their respective duties and
responsibilities in the funding and execution of this service; and
• NOW THEREFORE, in consideration ofthe mutual promises and covenants contained
herein, the parties hereto agree as follows:
The City has lawful power and authority to enter into this Agreement and to carry out its
obligations hereunder. .
The County has lawful power and authority to enter into this Agreement and to carry out
its obligations hereunder.
As consideration for the County accepting animals from the City, the City shall pay to the
County a fee of Twenty-five Dollars ($25.00), for a minimum holding period of seven (7) days,
toward the boarding of each animal and a fee of Thirty Dollars ($30.00) for the humane
euthanasia for sick, injured or otherwise unadoptable animals. Upon acceptance of this fee,
(billed monthly) the County agrees to accept the animals delivered by the City, to its current
facility, located at 255 Critter Trail, Hollister, MO 65672 and to attempt to locate the rightful
owner, and if no owner is found to place the animal for adoption or to provide the animal a
humane euthanasia.
The City further agrees to pay any reasonable veterinarian's treatment costs required to
stabilize the life of the animal if injured and prevent suffering of the animal.
The County agrees that in the event any animal is claimed or adopted the Twenty-five Dollar
($25.00) fee associated with the care and boarding of that animal will be paid by the party taking
• custody of the animal.
• Neither the City nor the County shall assign or delegate any interest in this Agreement
and shall not transfer any interest in the Agreement, whether by assignment or notation, without
the prior written consent of the other party to this Agreement.
All notices or other communications required or desired to be given hereunder shall be in
writing and shall be deemed duly given when mailed by first class, registered or certified mail,
postage prepaid, addresses as follows:
(a) To Hollister:
City of Hollister
P.O. Box 638
Hollister, MO 65673
(b) To Taney County:
Taney County Commission
P.O. Box 1086
Forsyth, MO 65653'
All notices given by first class, certified or registered mail as aforesaid shall be deemed
duly given as of the date they are so mailed. A duplicate copy of each notice or other
communication given hereunder by any part hereto shall also be given to the other party. The
City and the County may from time to time designate, by notice given hereunder to the other
• party, another address to which subsequent notices or other communications shall be sent.
No recourse shall be had upon any representation, obligation, covenant, or agreement in
this Agreement contained against any past, present or future officer, member, employee, director
or agent of the City or the County, ors respectively, of any successor public en.tity thereto, under
any rule of law or equity, statute or constitution or by the enforcement of any assessment or
penalty or otherwise, and all such liability of any such officers, members, employees, directors or
agents as such is hereby expressly waived and released as a condition of and consideration for
the execution of this Agreement.
This Agreement may be amended or supplemented from time to time by the mutual
agreement of the authorized City Representative and the Authorized County Representative,
subject to the terms of authority granted to them.
(End of Agreement, The following space was intentionally left blank)
•
• IN WITNESS \VHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officers or officials.
CITY OF HOLL.I~TER ,,0:
By:~oz~i J~
[SEAL] DA G. TATE
MAYOR
SHERY BRASHEAR
CITY CLERK
TANEY COUNTY
[SEAL]
• CERTIFICATION OF BUDGET OFFICER PER SECTION 50.660 RSMo
The undersigned, as Budget Officer and Accounting Officer for the County of
Taney, Missouri certifies that there is a balance otherwise unencumbered in the county treasury
to the credit of the appropriation to which the financial obligation imposed upon the county by
this contract is to be charged, and there is a cash balance otherwise unencumbered in the county
treasury to the credit of the fund from which payment is to be made, each sufficient to meet the
obligation incurred by this agreement for the current and for several future years, and a sales tax
has been authorized by the voters of Taney County, Missouri for road and bridge purposes, and
based upon annual revenues from this tax it is anticipated that a sufficient unencumbered amount
is also available in the future from this sales tax to meet the obligation incurred by this
agreement.
By: _---.:;=---"--....:.'-~._t _ _~+i-,..-'------'---'-_+y_',. _
RICK FINDLEY'
TANEY COUNTY AUDITOR
•
•
. 1:2.1
BILL NO. 010313A ORDINANCE NO. / ,:; z. .
AN ORDINANCE APPROVING AN ANIMAL IMPOUNDMENT SERVICES
AGREEMENT BETWEEN TANEY COUNTY, AND THE VR..LAGE OF TABLE
ROCK, AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF
TRUSTEES TO ENTER INTO THE AGREEMENT.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF
TABLE ROCK, AS FOLLOWS:
Section 1: The Board of Trustees hereby authorizes the Chairman of the Board of
Trustees to execute an Animal Impoundment Services Agreement with the Taney County
Commission in substantially the form attached as Exhibit "A:'.
Section 2: The Board of Trustees hereby authorizes the Village to terminate any previous
contracts and agreements, written or oral, for animal impoundment services entered into
with the Taney County Health Department as operators of the Taney County Animal
Control Facility.
Section 3: This ordinance shall be in full force and effect upon and after its passage and
approval.
• Read, this first time on this i '3 ~ day of ~ , 2001.
Read, this second time, passed and truly agreed to by the Board ofTrustees ofthe Village
of table Rock, Missouri, this 13th day ofMarch, 2001.
{?jJ..' /J/,
!~~ i&t~~<)r-f">
I
; . /
Robert W. Robinson, Chairman
Board of Trustees
ATTEST: Table Rock, Missouri
APPROVED AS TO FORM;
~
•
Village Attorney
• AN
BILL No.1 r)OD-{ (/
ORDINANCE APPROVING
AGREEMENT BETWEEN TANEY COUNTY,
AN ANIMAL
ORDINANCE NO.:20rJO·
IMPOUNDEMENT
AND THE VILLAGE OF BULL
CREEK, AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF DIRECTORS
SERVICES
&;-;
To ENTER INTO THE AGREEMENT.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE VILLAGE OF BULL CREEK, AS
FOLLOWS:
Section 1: The Board of Directors hereby authorizes the Chairman of the
Board to execute an Animal Impoundment Services Agreement with the Taney
County Commission in substantially the form attached as Exhibit "A".
Section 2: The Board of Directors hereby authorizes the Village to terminate
any previous contracts and agreements, written or oral, for animal
impoundment services entered into with the with the Taney County Health
Department as operators of the Taney County Animal Control Facility.
Section 3: This ordinance shall be in full force and effect upon and after its
•
passage and approval.
Read, this first time on this _ _6__ day Of_It_'D_I/_t._/'h_t_'-_t , 20-"®
Read, this second time, passed and truly agreed to by the Board of Directors of
the Village of Bull Creek, Missouri this t: day of !ViJl/'tb bt., ,20 ov.
tf};/,v ~
ATTEST:
ApPROVED As To FORM:
Village Clerk Tony, illiams, Village Attorney
•
• AN
BILLNO.~~4
ORDINANCE APPROVING AN ANIMAL
ORDINANCE NO.
IMPOUNDEMENT
AGREEMENT BETWEEN TANEY COUNTY, AND THE CITY OF FORSYTH, AND
AUTHORIZING THE MAYOR To ENTER INTO THE AGREEMENT.
32£
SERVICES
BE IT ORDAINED By THE BOARD OF ALDERMEN OF THE City OF FORSYTH, AS FOLWWS:
Section 1: The Board of Aldermen hereby authorizes the Mayor to execute an
Animal Impoundment Services Agreement with the Taney County Commission
in substantially the form attached as Exhibit "A".
Section 2: The Board of Aldermen hereby authorizes the City to terminate any
previous contracts and agreements, written or oral, for animal impoundment
services entered into with the with the Taney County Health Department as
operators of the Taney County Animal Control Facility.
Section 3: This ordinance shall be in full force and effect upon and after its
passage and approval.
Read, this first time on this /{l day of~, 2~
• Read, this second time, passed and Jruly agreed to by the Board of Aldermen of
the City of Forsyth, Missouri this iL day of t..j4v , 20tV
ATTEST:
•
• BEFORE THE COUNTY COMMISSION OF TANEY COUNTY, MISSOURI
ORDINANCE AUTHORIZING BALLOT OF SUBMISSION
REGARDING BUILDING CODES
ORDINANCE NO. 06-0117-01
WHEREAS, several citizens have stated their belief that building codes would be
beneficial to Taney County; and,
• WHEREAS, Taney County is a county of the first classification that did not enact a
building code prior to August 28,2001, therefore requiring the voters of the
unincorporated areas of the county to approve building codes prior to enactment by the
Taney County Commission of any such building code; and,
WHEREAS, several citizens have requested the Taney County Commission submit the
issue of building codes to the voters pursuant to Section 64.170.3 RSMo; and,
WHEREAS, there is a scheduled election on April 4, 2006;
. .
NOW THEREFORE, HE IT ORDAINED AND ORDERED BY THE COUNTY
COMMISSION OF TANEY COUNTY, MISSOURI, AS FOLLOWS:
NOTICE OF BUILDING CODE ELECTION
Notice is hereby given that at an electionto be held in the unincorporated areas of
Taney County, Missouri, on Tuesday, the 4th day of April, 2006, there will be submitted
to the qualified electors of those unincorporated areas of the county pursuant to Section
64.170.3 and 64.170.4 RSMo, the following proposition:
•
• PROPOSITION
Shall Taney County have authority to create, adopt and impose a county building
code?
_ _ _ _ _ yES _ _ _ _ _ NO
This ordinance shall be in full force and effect from and after its passage and adoption.
PASSED AND ADOPTED this $ d a y of January, 2006.
cLk~.
• Chuck Pennel
Presiding Commissioner
•
• BEFORE THE COUNTY COMMISSION OF TANEY COUNTY, MISSOURI
ORDINANCE AUTHORIZING CONDEMNATION OF PROPERTY
TO EXTEND RIGHT OF WAY OF BOY'S CAMP ROAD
ORDINANCE NO. 06-0117-02
WHEREAS, Taney County, Missouri needs to make improvements to Boy's Camp
Road; and
WHEREAS, Taney County, Missouri intends to widen and realign the ditch line of said
road for safety purposes; and
WHEREAS, the location of said road makes it necessary that Taney County, Missouri
obtain certain Right of Way, more particularly described in Exhibit "A" to this
Ordinance; and
• WHEREAS, the acquisition of said road is for a public use and purpose; and
WHEREAS, the Taney County Commission has negotiated with the owners of said road
and a good faith offer has been made for the subject property described in Exhibit "A"
that is needed to expand the Right of Way; and
WHEREAS, Section 49.300 RSMo, authorizes Taney County to institute proceedings in
the Circuit Court of Taney County, Missouri for the purposes of condemning land or
other property for public uses; and
WHEREAS, Taney County, Missouri and the owner of the property have been unable to
agree on the proper compensation for the required property described in Exhibit "A"; and
NOW THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSION OF
TANEY COUNTY, MISSOURI, as follows:
The use of condemnation powers as granted to Taney County by the State of
Missouri in Section 49.300 RSMo is hereby approved in order to obtain fee simple title to
the property described in Exhibit "A" to this Ordinance so that said road may be used for
the expansion and construction of new ditch lines and guardrails for the safety of the
public.
• This Ordinance shall be in full force and effect from and after its passage and
adoption.
• tt...
PASSED AND ADOPTED this~ day of January, 2006.
Chuck Pennel,
Presiding Commissioner
(
ATTEST::~~~<2U:.:;4L;~~1----5:.,j:::5d~~4
Donna Neeley,
Taney County Clerk
•
•
a.
.
\,
\,
,
•
•
AN ORDINANCE SUBMITTING A BALLOT QUESTION FOR THE
NOVEMBER 6, 2007 GENERAL MUNICIPAL ELECTION IN TANEY
COUNTY, MISSOURI
WHEREAS, Taney County, Missouri is a non-charter county of the
first classification, duly organized and existing under the laws of the State of
Missouri, and
WHEREAS, Taney County is a fast growing area with considerable
new residential and commercial growth; and
WHEREAS, residents living in the County need an effective and safe
method of crossing Lake Taneycomo on their way to work on East Highway
76, and a convenient way of returning home after work; and
WHEREAS, a more effective road system over Lake Taneycomo and
the development of other significant transportation projects, such as the east-
west corridor road, will promote economic development in Taney County;
and
WHEREAS, recreational facilities that attract visitors to Taney
• County constitute economic development and bring additional monies to the
businesses of Taney County, and to Taney County Government; and
WHEREAS, quality of life in a community is a major factor in
businesses relocating to an area, and a major contributor to quality of life for
the citizens of Taney County would be the development of recreational
facilities to be utilized not only for attracting tourists, but serving as a
county-wide parks system enhancing quality of life in Taney County,
Missouri; and
WHEREAS, a sales tax of one-half of one percent (112 of 1 %)
available pursuant to Section 67.1305 of the Revised Statutes of Missouri
would serve to create and promote the above-stated economic purposes and
needs of Taney County and its citizens;
NOW, THEREFORE, BE IT ORDERED, RESOLVED AND
ORDAINED BY THE COUNTY COMMISSION OF TANEY COUNTY,
MISSOURI, AS FOLLOWS:
Section 1. It is hereby ordered that a ballot question be submitted for
placement on the ballot for the General Election to be held in Taney County,
Missouri, on the 6th day of November, 2007, and the question to be submitted is
•
the following question to impose a sales tax for economic development purposes
pursuant to Section 67.1305 of the Revised Statutes of Missouri.
SPECIAL ELECTION
SALES TAX PROPOSITION
TUESDAY, NOVEMBER 6, 2007 TANEY COUNTY, MO
PROPOSITION A
Shall the county of Taney impose a countywide sales tax at the rate of
one-half of one percent (1/2 of 1%) for a period of fifteen (15) years from the
date on which such tax is first imposed for economic development purposes?
- - - Yes
- - - No
Instructions to Voters: If you are in favor of the question, place an "X" in the
box opposite "YES". If you are opposed to the question, place an "X" in the box
opposite "NO".
Note: Commission priorities include, but are not limited to "Taneycomo
Bridge and community recreation facilities." All expenditures under this tax
are subject to the final approval of the Commission.
Section 2. The Presiding Commissioner is hereby authorized and directed
to notify the County Clerk of Taney County, Missouri, of the adoption of this
Ordinance no later than 2:00 p.m. on the 28 th day of August, 2007, and to include
in said notification all of the terms and provisions required by Chapter 115 of the
Revised Statutes of Missouri, as amended.
Section 3. This order is hereby certified to the Clerk of the County
Commission of Taney County, Missouri, as election authority for the County, and
the Taney County Clerk is hereby requested to conduct the election by paper
ballot.
Section 4. This Ordinance shall be in full force and effect from and after
its passage and approval.
PASSED by the County Commission this .dlL day of August, 2007.
(SEAL) ~~
Chuck Pennel, Presiding Comtiiissioner
•
Ron Herschend, Western Commissioner
Danny Stra a ,Eastern Commissioner
ATTEST:
CERTIFICATE REGARDING NOTICE OF MEETING
I hereby certify that the attached notice of meeting of the County
Commission of Taney County, Missouri, held on the 2ih day of August, 2007,
was posted at least 24 hours prior to the commencement of the meeting on a
bulletin board or other prominent place which is easily accessible to the public
and clearly designated for posting notices at the County Courthouse, the principal
office and meeting place of the County Commission, and was made available at
least 24 hours prior to the commencement of said meeting to any representative of
the news media who requested notice of the meeting.
DATED: August ~, 2007.
i\.
w,:,---.
,-c-
·..·-
BILL NO. 3545 ORDINANCE NO. 2008-055
• AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO
THE SEWER SERVICES AND EXCLUSIVE TERRITORIAL AGREEMENT WITH THE
TANEY COUNTY REGIONAL SEWER DISTRICT, THE TANEY COUNTY COMMISSION
AND THE CITY OF BRANSON.
WHEREAS, in October of 2006, Sewer Services and Exclusive Territorial Agreement was completed
with the Taney County Regional Sewer District, the Taney County Commission and the City of
Branson; and
WHEREAS, the City of Branson committed to allow any structure in existence on October 3, 2006,
that was shown to be served by the original Burns and McDonnell design, as amended by Archer and
approved by the District and the Taney County Commission to be entitled to connect to the Bee Creek
collection system and should not be subject to City capacity fees (connection fees) if said structure was
connected to the Bee Creek Sewer collection system within (6 months) after the commencement of
operation of that sewer collection line; and
WHEREAS, due to unforeseen circumstances with the weather conditions of early 2008 and for good
and valuable consideration the parties agree to amend the period of time for connection without
capacity fees (connection fee) from six (6) months to nine (9) months after the commencement of
operation of that sewer collection line.
•
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY
OF BRANSON, MISSOURI, AS FOLLOWS:
Section 1: The Mayor is authorized to execute an amendment to the Sewer Services and Exclusive
Territorial Agreement with the Taney County Regional Sewer District, the Taney
County Commission and the City of Branson in substantially the form attached as
Exhibit "A".
Section 2: This ordinance shall be in full force and effect from and after its passage and approval.
Read this first time on 12th day of May, 2008.
Read this second time, passed, and truly agreed to b,v-the--Moard of Aldermen of the City of Branson,
Missouri, on this 27th day of May, 2008. ~
~V~~~
Raeanne Presley
Mayor
~.&p
~
• City Clerk
Ordinance No. 2008-055
Page 1 of1
•
Exhibit "A"
ADDENDUM TO THE AMENDED SEWER SERVICES AND
EXCLUSIVE TERRITORIAL AGREEMENT
Pursuant to Paragraph 15 of the Amended Sewer Services and Exclusive
Territorial Agreement dated the 23rd day of October, 2006 by and between the Taney
County Commission, the Taney County Regional Sewer District and the City of Branson,
the parties to that agreement wish to enter into this addendum to that agreement.
Due to weather conditions during early 2008, the parties wish to amend by this
addendum that portion of Paragraph eight (8) of the original Amended Agreement of
October 23, 2006 that states as follows:
Any structure in existence on October 3, 2006 that was shown to be served by the
original Burns and McDonnell design, as amended by Archer and approved by the
District, shall be entitled to connect to the Bee Creek collection system and shall not be
subject to City capacity fees (connection fee) if said structure is connected to the Bee
Creek sewer collection system no later than six (6) months after the commencement of
operation ofthat sewer collection line. Property owners ofexisting structures that were
to be served by the aforementioned design who fail to connect their structure to the
system within the allotted six (6) months shall be responsible to pay the capacity
• (connection) fee providedfor in the City ofBranson Municipal Code, as amendedfrom
time to time.
Due 'to the weather conditions of early 2008 and for good and valuable
consideration the parties agree to amend the period oftime for connection without
capacity fee (connection fee) from six (6) months to an extended nine (9) months and it is
agreed that the relevant portion of Paragraph eight (8) shall now read as follows:
Any structure in existence on October 3, 2006 that was shown to be served by the
original Burns and McDonnell design, as amended by Archer and approved by the
District, shall be entitled to connect to the Bee Creek collection system and shall not be
subject to City capacity fees (connection fee) if said structure is connected to the Bee
Creek sewer collection system no later than nine (9) months after the commencement of
operation ofthat sewer collection line. Property owners ofexisting structures that were
to be served by the aforementioned design who fail to connect their structure to the
system within the allotted nine (9) months shall be responsible to pay the capacity
(connection) fee providedfor in the City ofBranson Municipal Code, as amendedfrom
time to time.
IN WITNESS WHEREOF, the parties have caused this Addendum to the Amended
Sewer Services And Exclusive Territorial Agreement to be signed by their duly
authorized representatives, the day and year set forth below.
•
• TANEY COUNTY COMMISSION
BY:~~~
Chuck Pennel ~
Presiding Commissioner
CERTIFICATION OF TANEY COUNTY ACCOUNTING OFFICER
The undersigned, as Budget Officer and Accounting Officer for the County of
Taney, State of Missouri, hereby certifies, pursuant to Section 50.660 RSMo, that there is
a balance otherwise unencumbered in the county treasury to the credit of the
• appropriation to which the financial obligation imposed upon the county by this
Agreement is to be charged, and there is a cash balance otherwise unencumbered in the
county treasury to the credit of the fund from which payment is to be made, when taken
together with expected revenues from the sewer sales tax, each sufficient to meet the
obligation, if any, incurred by this Addendum to the Amended Sewer Services and
Exclusive Territorial Agreement with the City of Branson, Missouri and the Taney
County Regional Sewer District.
BY:
.../> -
~L£ (1~1.~~
Z .{'/
.il P'
Rick Findley 7 ~
Taney County Audit~
•
• CITY OF BRANSON, MISSOURI
By:
Rae Anne Presley
_
Mayor, City of Branson, Missouri
Attest:
-:-:-:-:::--:-----------
Lisa Westfall
Branson City Clerk
Approved as to form: -I-.,/ttJt.~:::M:"P:.~L----
.Link
Branson City Attorney
TANEY COUNTY REGIONAL SEWER DISTRICT
By:
----:-----------
William Cummings
Chairman, Board of Trustees
• Attest:
- ---------
Susie Braden
Secretary, Board of Trustees
STATE OF MISSOURI )
) ss.
COUNTY OF TANEY )
On this _ _ day of April, in the year 2008, before me
_ _ _ _-,- --" a Notary Public in and for said state, personally
appeared, , Chairman of the Board of the Taney
County Regional Sewer District, known to me to be the person who executed the within
Addendum to the Amended Sewer Services and Exclusive Territorial Agreement and
acknowledged to me that he executed the same by the authority of the said Board for the
purposes therein stated.
Notary Public
My Commission Expires:
•
• IN THE COUNTY COMMISSION OF TANEY COUNTY, MISSOURI
ORDINANCE NO. (JI. ()/oIQ
AN ORDINANCE AUTHORIZING TWO DOLLAR SURCHARGE
FOR FUNDING DEVELOPMENT OF BIOMETRIC VERIFICATION
SYSTEMS
WHEREAS, Taney County wishes to develop a biometric verification system to ensure
that inmates can be properly identified and tracked within the local jail system; and,
WHEREAS, Section 488.5026 of the Revised Statutes of Missouri authorizes an
assessment of an additional two dollars as costs in any court within Taney County in the
types of cases specified in said section, including violations of county ordinances, and
any violation of the criminal or traffic laws ofthe State of Missouri; and,
WHEREAS, it is the intent of the Taney County Commission to authorize and receive
funding under Section 488.5026 RSMo, for the development of biometric verification
systems in Taney County, Missouri, and to pay any expenses related to custody and
• housing and other expenses for prisoners,
NOW THEREFORE BE IT ORDAINED BY THE COUNTY COMMISSION OF
THE COUNTY OF TANEY, MISSOURI, AS FOLLOWS:
1. The Taney County Commission approves, adopts and authorizes a surcharge
of two dollars that shall be assessed as court costs for the development of
biometric verification systems, and to pay any expenses related to custody and
housing and other expenses for prisoners as authorized by Section 488.5026
RSMo; and,
2. The two dollar surcharge shall be assessed in all cases in any applicable court
in Taney County, Missouri in every case where a county ordinance was
violated, where the criminal and traffic laws of the State of Missouri were
violated and in every other case where such surcharge is permitted under
Section 488.5026 RSMo; and
3. The moneys collected by the clerks of the applicable courts shall collected and
disbursed pursuant to the provisions of subsection 1 of Section 488.020, and
pursuant to Sections 488.010 to 488.020 RSMo, and said moneys shall be
payable to the Taney County Treasurer,
•
• 4. This Ordinance takes effect immediately and shall be in full force and effect
from and after its passage.
PASSED AND ORDAINED AT THE COURTHOUSE IN FORSYTH, MISSOURI ON
THIS DAY OF JUNE, 2009.
VOTE: AYE J. NAY Q
~(~~~
CHUCK PENNEL
PRESIDING COMMISSIONER
FUSS
COMMISSIONER
• EASTERN COMMISSIONER
',/ I
DONNA NEEL~ '. ' , (
ATTEST:
'j
TANEY COUNTY CLERK
•
.....
• IN THE COUNTY COMMISSION OF TANEY COUNTY, MISSOURI
AN ORDINANCE TO PROHIBIT CARRYING OF
CONCEALED FIREARMS IN COUNTY BUILDINGS, AND
FIXING THE TIME WHEN EFFECTIVE
WHEREAS, the recently passed House Bill 349 was enacted as Section 571.094 of the
Revised Statutes of Missouri, after an override of the Governor of Missouri's veto; and,
WHEREAS, Section 571.094(20)(4) does not clearly prohibit the carrying of concealed
firearms in parts of the courthouse not solely occupied by the courts; and,
WHEREAS, it is in the best interest of the safety and well-being of the employees of the
court system, the Sheriffs Department, the Prosecutor's Office, and of all county
employees working in and around the courthouse, as well as the safety and well-being of
visitors tothe courthouse and other county buildings, that carrying of concealed firearms
be prohibited inside the Taney County Courthouse and in other county buildings; and,
WHEREAS, Section 571.094(6) empowers the Taney County Commission to enact an
• ordinance prohibiting the carrying of concealed firearms in that portion of a building
owned or controlled by the Taney County Commission; and,
WHEREAS, the Taney County Commission has authority over all buildings owned
and/or operated by Taney County, Missouri; and,
WHEREAS, the Taney County Commission desires to prohibit the carrying of concealed
firearms in all county buildings pursuant to the authorization provided by state law:
NOW THEREFORE BE IT ORDAINED BY THE COUNTY COMMISSION OF
THE COUNTY OF TANEY, MISSOURI, AS FOLLOWS:
SECTION 1. County Ordinances are hereby added to by the adoption of
this ordinance prohibiting concealed firearms in county buildings as follows:
cc_~_~c~~~c(qL_,~J\:J~QP§L~QIJ . YYbQJ~§l~~J~.!i~IL!ss!J.ed~q . £9D9§l§!.t~~.g~E!y~-n<t!?c[~~IJ:!§lI!L~y~!t~~_~ ..
Missouri director of revenue under Section 571.094 RSMo or who has been
issued a valid permit or endorsement to carry concealed firearms issued by
another state or political subdivision of another state, shall, by authority of that
endorsement or permit, be allowed to carry a concealed firearm or to openly
carry a firearm in any building or portion of a building owned, leased or controlled
by the county.
• (b) Signs shall be posted at each entrance of a building entirely owned,
leased or controlled by the county stating that carrying of firearms is prohibited.
1
• Where the county owns, leases or controls only a portion of a building, signs
shall be posted at each entrance to that portion of the building stating that
carrying of firearms is prohibited.
(c) This section shall not apply to buildings used for public housing by private
persons; highways or rest areas; firing ranges; or private dwellings owned,
leased or controlled by the county, unless used for law enforcement or
correctional purposes.
(d) Any person violating this section may be denied entrance to the building or
ordered to leave the building. Any county employee violating this section may be
disciplined. No other penalty shall be imposed for a violation of this section.
(e) No person who has been issued a certificate of qualification which allows
the person to carry a concealed firearm before the director of revenue begins
issuing concealed carry endorsements in July, 2004, shall, by authority of that
certificate, be allowed to carry a concealed firearm or to openly carry a firearm in
any building or portion of a building owned, leased or controlled in whole or part
by the county.
SECTION 2. This ordinance shall be in full force and effect from and after
•
its passage.
PASSED AND SO ORDAINED AT THE COURTHOUSE IN FORSYTH,
MISSOURI ON THIS t:~t~ DAY OF MARCH, 2004.
VOTE: AYE_-,,3=-_ _ NAY _----'C....:..)_' _
~Q~,Y>RQ
CHUCK PENNEL ..
PRESIDING COMMISSIONER
e/~/cL-j)
• DONNA NEELEY
TANEY COUNTY CLE
2
.. CERTIFICATION
I the undersigned City Clerk of the City of Branson,
Missouri, do hereby certify that the within instrument of
writing is the true and correct copy of ordinance number
2006-108 approved by the Board of Alderman of the
City of Branson, Missouri.
IN TESTIMONY WHEREOF, I have hereunto set my
hand and affixed the official seal of the City of Branson,
Missouri, this 16th day of August, 2006.
..
•
-----~~~-----------------------
• BILL NO. 3284
AN ORDINANCE OF THE BOARD OF ALDERMEN OF BRANSON, MISSOURI,
APPROVING THE PETITION FOR AND ESTABLISHING THE BRANSON HILLS
INFRASTRUCTURE AND RECREATIONAL FACILITY COMMUNITY IMPROVEMENT
ORDINANCE NO. 2006-108
DISTRICT AND CONTAINING A SEVERABILITY CLAUSE.
WHEREAS, Sections 67.1401 to 67.1571 RSMo, 2000, as amended (the "CID Act"), authorize the
goveming body of any city, upon presentation of a proper petition requesting the fonnation and after
a public hearing, to adopt an ordinance establishing a community improvement district; and
WHEREAS, the City of Branson, Missouri (the "City") is a city of the fourth class and a political
subdivision ofthe State ofMissoUli, duly created, organized and existing under and by virtue ofthe
Constitution and laws ofthe State of Missouri; and
WHEREAS, on July 7,2006, the property owners within a proposed community improvement
distlict filed with the Branson City Clerk (the "City Clerk") a petition for the establishment of a
cOlllil1Unity improvement district pursuant to the CID Act (the "Petition), entitled The Branson Hills
Infrastructure and Recreational Facility Community Improvement District (the "District"); and
• WHEREAS, the City Clerk verified that the Petition substantially complies with the CID Act,
submitted the velified Petition to the Board of Aldermen and set a public hearing with all proper
notice being given in accordance with the CID Act or other applicable law; and
. WHEREAS, none ofthe signatures ofthe signers ofthe Petition were withdrawn within seven days
after the Petition was filed with the City Clerk; and
WHEREAS, all the real property included in the District is entirely located within the City of
Branson; and
WHEREAS, on July 24,2006, the Board of Aldermen held a public hearing at which all persons
interested in the fomlation ofthe District were allowed an opportunity to speak and at which time the
Board of Aldennen heard all protests and received all endorsements; and
WHEREAS, Petition to establish the District being fully heard before the Board of Alde1111en, the
City now desires to establish the District and make such other findings as necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY
OF BRANSON, MISSOURI AS FOLLOWS:
Section 1: All tenns used in this Ordinance shall be construed as defined in the CID Act, and
the Petition.
• Ordinance No. 2006-108
Page 1 of3
• Section 2:
Section 3:
The City Clerk has verified that the Petition for the Establishment of The Branson
Hills Infrastmcture and Recreational Facility Community Improvement District
substantially complies with all submission requirements ofthe CID Act.
The District is hereby approved and shall be established within the City as a political
subdivision of the State of Missouri, as provided in the Petition filed with the City
Clerk on July 7, 2006, a copy of which is attached hereto as Exhibit A and
incorporated herein by this reference. The Distlict includes the contiguous tracts of
real estate as described in Exhibit B, and shown on a map as depicted in Exhibit C,
both of which are incorporated herein by reference.
Section 4: The District shall be govemed by a board ofdirectors consisting offive (5) members.
The names and tenns of office of the initial Board of Directors were stated in the
Petition and the following individuals shall serve as the Board of Directors for the
District for the initial tenns set forth below:
Richard Huffman - Director, 4 years
Marc Williams - Director, 4 years
Ban)' Schwartz - Director, 2 years
Gary Fultz - Director, 2 years
• Section 5:
Mark Elgin - Director, 2 years
The Distlict's Board of Directors shall have authority to establish a sales tax in an
amount not to exceed one percent (1 %), as set forth in the Petition and in
confonnance with the CID Act.
Section 6: The District shall have and possess without limitation, such powers authorized under
the CID Act and as set forth or otherwise limited in the Petition.
Section 7: Unless otherwise extended by action of the Board ofAldennen, the existence ofthe
District shall automatically tenninate ifthe District and the appropriate entity created
by the developer of the area directly related to the District have not, within six
months after the effective date of this ordinance, duly approved and executed a
binding cooperative agreement with the City in substance and fonn acceptable to the
City.
Section 8: Subject to Section 6, the tenn ofthe existence of the District shall be sixty-five (65)
years. The petition process must be repeated for the District to continue beyond
sixty-five (65) years.
Section 9: The City Clerk is hereby directed to prepare and file with the Missomi Department of
•
Economic Development (the "Department") the report specified in subsection 6 of
Section 67.1421 of the CID Act, substantially in the fonn provided by the
Department.
Ordinance No. 2006-108
Page 2 of3
• Section 10: It is hereby declared to be the intention ofthe Board ofAldennen that each and every
pati, 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 pati,
section or subsection of this OrdinatlCe 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.
Section 11: This Ordinance shall be in full force and effect fi'om and after its passage and
approval.
Read this first time on this 24th day of July, 2006.
Read this second time, passed, and tlUly agreed to by the Board ofAldermen ofthe City ofBranson,
Missouri on this 24th day of July, 2006.
• ATTEST:
Rick 1l ev:
en
Gilmore & Bell, P. C.
Special CID Counsel to the City of Branson
• Ordinance No. 2006-108
Page 3 of3
I -. \
• EXHIBIT A
PETITION TO ESTABLISH THE
BRANSON HILLS INFRASTRUCTURE AND RECREATIONAL FACILITY COMMUNITY
IMPROVEMENT DISTRICT
SEE ATTACHED
•
• PETITION FOR THE CREATION OF
BRANSON HILLS INFRASTRUCTURE AND RECREATIONAL FACILITY
COMMUNITY IMPROVEMENT DISTRICT
To the Board of Aldennen of the City of Branson, Taney County, Missouri (the "City"):
The undersigned, collectively representing:
(1) the owners collectively owning more than fifty percent by assessed value of the real property
within the boundaries of the hereinafter described community improvement district and
(2) more than fifty percent per capita of all owners of real property within the boundaries of the
hereinafter described community improvement district,
do hereby petition and request that the Board of Aldermen of The City of Branson (the "City") create a
community improvement district as described herein under the authority of Sections 67.1401 to 67.1571,
inclusive, RSMo (the "Community Improvement District Act").
A. Proposed District Name. The name for the proposed community improvement district (the
"District") is:
I
Branson Hills Infrastructure and Recreational Facility
• B.
C.
Community Improvement District
Lelral Description and Map. A legal description and map of the District are attached hereto as
Exhibit A. The proposed district is located entirely within corporate boundaries of the City.
Five Year Plan. A five-year plan stating a description of the purposes of the District, the services
it will provide, the improvements it will make and an estimate of costs of these services and
improvements to be incurred is attached hereto as Exhibit D.
D. Establislnnent as Political Subdivision. The District will be established as a political subdivision
under the Community Improvement District Act.
E. Appointment of Directors: Tenns of Office. The proposed district will be governed by a Board of
Directors which will consist of 5 members. The names of the initial directors and their tenns are
as follows:
Initial Term
Richard Huffinan Four Years
Marc Williams Four Years
Barry Schwartz Two Years
Gary Fultz Two Years
Mark Elgin Two Years
•
Each successor director shaH serve for a tenn of fOUf years. Successor directors shall be
appointed by the Mayor with the consent of the Board ofAldennen of the City.
1
• F.
G
Total Assessed Value. The total assessed value of all real property in the proposed district is
$204,220.00. Parcel ownership and assessed value infonnation is set forth in Exhibit C.
No Blilrhted Area Determination. The undersigned are not currently seeking a determination that
any portion of the District is blighted under the Community Improvement District Act.
H. Tenn of Existence. The proposed maximum length of time for the existence of the district is 65
years from the date of the ordinance approving the petition.
I. Sales Ta'\:. Qualified voters of the cm may be asked to approve a sales tax of up to one percent
(1 %) ("District Sales Tax"), in accordance with the cm Act, to assist in the funding of certain
public improvements that serve the property within the District. Additional details about the
District Sales Tax are set forth in the Five Year Plan attached as Exhibit D.
J. Real Estate Tax and Business License Tax. Petitioners will not seek to submit to qualified voters
any proposition for approval of a real property tax levy or business license taxes.
K. Maximum Special Assessment. The property owners will submit one or more petitions for
special assessments. Residential and commercial properties will be assessed at the maximum
rates and on the basis of the classifications of property and units of measure as set forth in
Exhibit B. The rates for special assessment in Exhibit B is a maximum only, and it is fully
anticipated that the special assessments actually imposed will be less than the listed maximum
special assessment.
• L.
M.
No Borrowing Capacity Limitation. Petitioners do not seek limitations on the borrowing capacity
of the District.
No Revenue Limitations. Petitioners do not seek limitations on the revenue generation of the
District.
N. No Power Limitation. Petitioners do not seek limitations on the powers of the District.
O. Petitioner Withdrawal Right Notice. THE SIGNATURES OF THE SIGNERS OF THIS
PETITION MAY NOT BE WITHDRAWN FROM THIS PETITION LATER THAN
SEVEN (7) DAYS AFTER THE FILING HEREOF WITH THE CITY CLERK.
• 2
• EXECUTION PAGE FOR PETITION FOR THE CREATION OF
BRANSON HILLS INFRASTRUCTURE AND RECREATIONAL FACILITY COMMUNITY
Name of owner:
IMPROVEMENT DISTRICT
Branson Hills Development Company, LLC
Owner's telephone number: 417-332-3443
Owner's mailing address: 3027 W. Highway 76, Suite B, Branson, Mo. 65616
IF SIGNER IS DIFFERENT FROM OWNER:
Name of signer: Richard E. Huffman
State basis of legal authority to sign: Signer is the Manager of the owner and has been generally
authorized under the owner's bylaws to sign on its behalf.
Signer's telephone number 417-332-3443
Signer's mailing address: 3027 W. Highway 76, Suite B, Branson, Mo. 65616
If owner is an individual: o Single o Married
If owner is not an individual, o Corporation o General Partnership
•
state what type of entity:
o Limited Partnership X Limited Liability Company
o Partnership o Urban Redevelopment
Corporation
o Not-for-profit Corporation o Other _
Map and parcel numbers:
08-4.0-18-000-000-012.000
08-4.0-18-000-000-010.000
08-4.0-18-000-000-005.005
08-4.0-18-000-000-005.003
08-4.0-18-000-000-011.000
08-4.0-20-000-000-069.000
08-4.0-19-000-000-001.000
08-4.0-17-000-000-004.000
08-4.0-17-000-000-007.000
08-4.0-20-000-000-063.000
08-4.0-19-000-000-001.007
08-4.0-19-000-000-001.004
08-4.0-19-000-000-001.001
08-4.0-19-000-000-001.006
08-4.0-17-000-000-024.000
•
• (Special Note: All tract numbers listed above represent those parcel taxation identification numbers
assigned to those tracts by Taney County, Missouri and represent those legal descriptions referenced
therein, which are incorporated herein by this reference.)
Assessed value: $194,080.00.
By executing this petition, the undersigned represents and warrants that he or she is authorized to
execute this petition on behalf of the property owner named immedi el~ ove.
Date: Signature:+-~_=_-flq,,{....-<"=-----7S,L- _
STATE OF MISSOURI )
COUNTY OF TANEY )
• Before me personally appeared ~~~Ur~ f Hu.\\fTtLn, to me personally known to be the
individual described in and who executed the foregoing instrument.
WITNESS my hand and official seal this ~ day of :SLl.l~ ,2001..0.
:\L
Notary Public
RA
V
J. L. ENGLE
Notary Public - Notary Sea!
STATE OF MISSOURI
Taney County
My Commission Expires Aug. 12, 2007
•
• EXECUTION PAGE FOR PETITION FOR THE CREATION OF
BRANSON HILLS INFRASTRUCTURE AND RECREATIONAL FACILITY COMMUNITY
Name of owner:
IMPROVEMENT DISTRICT
Cedar Greens, LLC
Owner's telephone number: (417) 334-2294
Owner's mailing address: P.O. Box 2250, Branson, MO. 65615
IF SIGNER IS DIFFERENT FROM OWNER:
Name of signer: Ralph Z. Miller j V-
State basis oflegal authority to sign: Signer is the Managing Member of the owner and has been
generally authorized under the owner's operating agreement to
sign on its behalf.
Signer's telephone number: (417) 334-2294
Signer's mailing address: P.O. Box 2250, Branson, MO, 65615
If o...vner is an individual: o Single o Married
•
If owner is not an individual, o Corporation o General Partnership
state what type of entity:
o Limited Partnership X Limited Liability Company
o Partnership o Urban Redevelopment
Corporation
o Not-far-profit Corporation o Other - - - - - - - - -
Map and parcel number: Parcel: 08-4.0-18-000-000-001.000
(Special Note: The tract number above represents the parcel taxation identification number assigned to
that tract by Taney County, Missouri and represent the legal description referenced therein, which is
incorporated herein by this reference.)
Assessed value: $2,350.00
By executing this petition, the undersigned represents and warrants that he or she is authorized to
execute this petition on behalf of the property owner named immediately above.
Date: _ Signature:
• 5
• STATE OF MISSOURI
COUNTY OF TANEY
)
)
Before me personally appeared K l:Ir""fl·~ '1. )\A., \-\..\I!:.1lt Tc. , to me personally known to be the
individual described in and who executed the foregoing instrument.
WITNESS my hand and official seal this \ .." '" day of <A UU~~ _
My Conunission Expires:
Nota~
.#-~~~ GARY FULTZ
(:r~ Stone County )
( \'\\.~
_~
My CommIssion Exp' .
March 30 2009 Ires
Commission it' 05442439
•
• 10
• EXECUTION PAGE FOR PETITION FOR THE CREAnON OF
BRANSON HILLS INFRASTRUCTURE AND RECREATIONAL FACILITY COMMUNITY
Name of owner:
IMPROVEMENT DISTRICT
Marc Williams
Owner's telephone number: (417) 332-3443
Owner's mailing address: 3027 W. Hwy. 76, Branson, MO, 65616
IF SIGNER IS DIFFERENT FROM OWNER:
Name of signer: Marc Williams
State basis of legal authority to sign: Signer is an individual with sole authority to sign on his behalf.
Signer's telephone number: (417)332-3443
Signer's mailing address: 3027 W. Hwy. 76, Branson, MO, 65616
If owner is an individual: o Single X Married
If owner is not an individual, o Corporation o General Partnership
state what type of entity:
o Limited Partnership o Limited Liability Company
o Partnership o Urban Redevelopment
• Map and parcel number:
Assessed value:
o Not-for-profit Corporation o Other
Parcel:
$1,510.00*
Corporation
08-4.0-18-000-000-005.001*
_
(Special Note: The tract number listed above represents the parcel taxation identification number
assigned to the tract by Taney County, Missouri and represents the legal description referenced therein,
which is incorporated herein by this reference. The parcel identification number and assessed value
amount are accurate as reflected on the tax records of the County Clerk of Taney County as of the last
completed assessment as required by the CID Act. The property referenced by this parcel taxation
identification number has been divided and transferred to five different grantees, including the Owner.
Each of the five grantees has signed this petition. A revised parcel taxation identification number and
assessed value is not yet available from the Taney County Assessor).
By executing this petition, the undersigned represents and warrants that he or she is authorized to
execute this petition on behalf of the property owner named immediately above.
Signature:_l?7
__ ~.:........:..._,;t_;f_~--=-:.::'
._· :....:.:...-..:....-_
• 7
-------- -------------
• STATE OF MISSOURI
COUNTY OF TANEY
)
)
Before me personally appeared \'b~«.. I. \ . . 0, ....... '.......t"
known to be the individual described in and who executed the foregoing instrument.
,to me personally
WITNESS my hand and official seal this \S~\~ day ofT....... "'l... , 2 oO.k..
My Commission Expires:
NoJuJi-'-------
•
• 6
EXECUTION PAGE FOR PETITION FOR THE CREATION OF
• BRANSON HILLS INFRASTRUCTURE AND RECREATIONAL FACILITY COMMUNITY
Name of owner:
IMPROVEMENT DISTRICT
Mark Elgin
Owner's telephone number: (417) 332-3443
Owner's mailing address: 3027 W. Hwy. 76, Branson, MO, 65616
IF SIGNER IS DIFFERENT FROM OWNER:
Name of signer: Mark Elgin
State basis of legal authority to sign: Signer is an individual with sole authority to sign on his behalf.
Signer's telephone number: (417) 332-3443
Signer's mailing address: 3027 W. Hwy. 76, Branson, MO, 65616
If owner is an individual: o Single X Married
If owner is not an individual, o Corporation o General Partnership
state what type of entity:
o Limited Partnership o Limited Liability Company
o Partnership o Urban Redevelopment
• Map and parcel number:
Assessed value:
Corporation
o Not-for-profit Corporation o Other
Parcel:
$1,510.00*
08-4.0-18-000-000-005.001 *
_
(Special Note: The tract number listed above represents the parcel taxation identification number
assigned to the tract by Taney County, Missouri and represents the legal description referenced therein,
which is incorporated herein by this reference. The parcel identification number and assessed value
amount are accurate as reflected on the tax records of the County Clerk of Taney County as of the last
completed assessment as required by the CID Act. The property referenced by this parcel taxation
identification number has been divided and transferred to five different grantees, including the Owner.
Each of the five grantees has signed this petition. A revised parcel taxation identification number and
assessed value is not yet available from the Taney County Assessor).
By executing this petition, the undersigned represents and warrants that he or she is authorized to
execute this petition on behalf of the property owner named immediately above.
Date: ---"---'-----'--=---
• 9
STATE OF MISSOURI )
• COUNTY OF TANEY )
Before me personally appeared /v10_1. . .
1< DoE Iqi v"')
individual described in and who executed the foregoing instrument.
'11,
WITNESS my hand and official seal this 2.5 0,- day of /,v1CL
, to me personally known to be the
Y ,200e).
C;;t~L!l-j? >I-
C L-
Notary ¥ublic
My Commission Expires:
NOTARY PUBLIC, AlABAMA STATE AT LARGE
MY COMMISSION EXPIRES 3/6/08
•
• 10
• EXECUTION PAGE FOR PETITION FOR THE CREATION OF
BRANSON HILLS INFRASTRUCTURE AND RECREATIONAL FACILITY COMMUNITY
Name of owner:
IMPROVEMENT DISTRICT
Gary L. Fultz
Owner's telephone number: (417) 332-3443
Owner's mailing address: 3027 W. Hwy. 76, Branson, MO, 65616
IF SIGNER IS DIFFERENT FROM OWNER:
Name of signer: Gary L. Fultz
State basis of legal authority to sign: Signer is an individual with sole authority to sign on his behalf.
Signer's telephone number: (417) 332-3443
Signer's mailing address: 3027 W. Hwy. 76, Branson, MO, 65616
If owner is an individual: o Single X Married
If owner is not an individual, o Corporation o General Partnership
state what type of entity:
o Limited Partnership o Limited Liability Company
•
o Partnership o Urban Redevelopment
Corporation
o Not-for-profit Corporation o Other - - - - - - - - -
Map and parcel number: Parcel: 08-4.0-18-000-000-005.001 *
Assessed value: $1,510.00*
(Special Note: The tract number listed above represents the parcel taxation identification number
assigned to the tract by Taney County, Missouri and represents the legal description referenced therein,
which is incorporated herein by this reference. The parcel identification number and assessed value
amount are accurate as reflected on the tax records of the County Clerk of Taney County as of the last
completed assessment as required by the crn Act. The property referenced by this parcel taxation
identification number has been divided and transferred to five different grantees, including the Owner.
Each of the five grantees has signed this petition. A revised parcel taxation identification number and
assessed value is not yet available from the Taney County Assessor).
By executing this petition, the undersigned represents and warrants that he or she is authorized to
execute this petition on behalf of the property owner named immediately above.
Date: 1,.\ .... \0<0 SignabJre:~ _
• 11
• STATE OF MISSOURI
COUNTY OF TANEY
)
)
Before me personally appeared G::~';l ~~l r'""t...
individual described in and who executed th~,furegoing instrument.
, to me personally known to be the
WITNESS my hand and official seal this Jl day of ::s\. ); ~1 ~ ,200Le.
Notary Public
My Commission Expires:
ti )1~7 /87
J. L. ENGLE
Notary Public· Notary Seal
S1P,TE OF MiSSOURI
1 aney county if
My Commission Expires Aug. 12. 200
•
12
• EXECUTION PAGE FOR PETITION FOR THE CREATION OF
BRANSON HILLS INFRASTRUCTURE AND RECREATIONAL FACILITY COMMUNITY
Name of owner:
IMPROVEMENT DISTRICT
Richard E. Huffman
Owner's telephone number: (417) 332-3443
Owner's mailing address: 3027 W. Hwy. 76, Branson, MO, 65616
IF SIGNER IS DIFFERENT FROM OWNER:
Name of signer: Richard E. Huffman
State basis of legal authority to sign: Signer is an individual with sole authority to sign on his behalf.
Signer's telephone number: (417) 332-3443
Signer's mailing address: 3027 W. Hwy. 76, Branson, MO, 65616
If owner is an individual: o Single X Married
If owner is not an individual, o Corporation o General Partnership
state what type of entity:
o Limited Partnership o Limited Liability Company
•
o Partnership o Urban Redevelopment
Corporation
o Not-for-profit Corporation o Other ---------
Map and parcel number: Parcel: 08-4.0-18-000-000-005.001 *
Assessed value: $1,510.00*
(Special Note: The tract number listed above represents the parcel taxation identification number
assigned to the tract by Taney County, Missouri and represents the legal descIiption referenced therein,
which is incorporated herein by this reference. The parcel identification number and assessed value
amount are accurate as reflected on the tax records of the County Clerk of Taney County as of the last
completed assessment as required by the cm Act. The property referenced by this parcel taxation
identification number has been divided and transferred to five different grantees, including the Owner.
Each of the five grantees has signed this petition. A revised parcel taxation identification number and
assessed value is not yet available from the Taney County Assessor).
By executing this petition, the undersigned represents and warrants that he or she is authorized to
execute this petition on behalf of the property owner na 1 ed' bove.
Date: <0\ \"'\01,." Signaturer_-r --Hf..............J- _
• 13
• STATE OF MISSOURI
COUNTY OF TANEY
)
)
Before me personally appeared ~\ <....... l:l, \l!:.b £.. ~ Ei='l"tIA'\/
individual described in and who executed the foregoing instrument.
, to me personally known to be the
WITNESS my hand and official seal this L day of ~",.r"E. ,200k.
My COlmnission Expires:
NOmry~-----
...-.:::~ GARY FULTZ
/-~=x~ Stone County
('~rJ) My Commission Expires
~-;;".t1
• \ S£AL March 30, 2009
Commission it 05442439·
•
• 14
• EXECUTION PAGE FOR PETITION FOR THE CREATION OF
BRANSON HILLS INFRASTRUCTURE AND RECREATIONAL FACILITY COMMUNITY
Name of owner:
IMPROVEMENT DISTRICT
Barry Schwartz
Owner's telephone number: (417) 332-3443
Owner's mailing address: 3027 W. Hwy. 76, Branson, MO, 65616
IF SIGNER IS DIFFERENT FROM OWNER:
Name of signer: Barry Schwartz
State basis of legal authority to sign: Signer is an individual with sole authority to sign on his behalf.
Signer's telephone number: (417) 332-3443
Signer's mailing address: 3027 W. Hwy. 76, Branson, MO, 65616
If owner is an individual: o Single X Married
If owner is not an individual, o Corporation o General Partnership
state what type of entity:
o Limited Partnership o Limited Liability Company
•
o Partnership o Urban Redevelopment
Corporation
o Not-for-profit Corporation o Other ---------
Map and parcel number: Parcel: 08-4.0-18-000-000-005.001*
Assessed value: $1,510.00*
(Special Note: The tract number listed above represents the parcel taxation identification number
assigned to the tract by Taney County, Missouri and represents the legal description referenced therein,
which is incorporated herein by this reference. The parcel identification number and assessed value
amount are accurate as reflected on the tax records of the County Clerk of Taney County as of the last
completed assessment as required by the CID Act. The property referenced by this parcel taxation
identification number has been divided and transferred to five different grantees, including the Owner.
Each of the five grantees bas signed this petition. A revised parcel taxation identification number and
assessed value is not yet available from the Taney County se sor).
By executing this petition, the undersigned represent a
execute this petition on behalf of the property owner a
Date: Signature:_-I-~.......~_-JJ~<=I-~Irl:Ft::::::::_
• 15
• STATE OF MISSOURl
COUNTY OF TANEY
)
)
Before me personally appeared J,:a,.u,.lit-I:( SC.\~'IN~(!."t'~
individual described in and who executed the foregoing instrument.
, to me personally known to be the
WITNESS my hand and official seal this \,-\"" day of J:, .... "'1.. , 200~.
My COlllil1ission Expires:
NO~~----
4Y~ GARY FULTZ
lR/~"'f:l Stone County
I*( -.- My Commission Expires
\~~ March 30. 2009
~ Commission # 05442439·
•
• 16
• EXECUTION PAGE FOR PETITION FOR THE CREATION OF
BRANSON HILLS INFRASTRUCTURE AND RECREATIONAL FACILITY COMMUNITY
Name of owner:
IMPROVEMENT DISTRICT
WC Eleven, LLC
Owner's telephone number: (417) 332-3443
Owner's mailing address: 3027 W. Hwy. 76, Branson, MO, 65616
IF SIGNER IS DIFFERENT FROM OWNER:
Name of signer: Gary L. Fultz
State basis of legal authority to sign: Signer is the organizer and registered agent of the LLC and is
authorized to sign on the owner's behalf.
Signer's telephone number: (417) 332-3443
Signer's mailing address: 3027 W. Hwy. 76, Branson, MO, 65616
If owner is an individual: o Single D Manied
If owner is not an individual, o Corporation D General Partnership
state what type of entity:
• Map and parcel number:
o Limited Partnership
o Partnership
o Not-for-profit Corporation
Parcel:
X Limited Liability Company
D Urban Redevelopment
Corporation
D Other
08-4.0-19-000-000-001.002
_
(Special Note: The tract number above represents the parcel taxation identification number assigned to
that tract by Taney County, Missouri and represent the legal description referenced therein, which is
incorporated herein by this reference.)
Assessed value: $4,180.00
By executing this petition, the undersigned represents and warrants that he or she is authorized to
execute this petition on behalf of the property owner n med mediately above.
Date: c.. \\ I.'"'\.\\:010 Signature:-'f.41~OOI:C"'~~>J- _
• 17
• STATE OF MISSOURI
COUNTY OF TANEY
)
)
Before me personally appeared beu J. ).vJtL-
individual described in and who executed the fOFegoing instrument.
, to me personally known to be the
WITNESS my hand and official seal this ~ day of -:s LJ,Jl e , 200&".
''-t
..'' L' .--/ ()
~ ~.0-,)Lf
Notary Public f
My Commission Expires:
COlI;} /07
J. L. ENGLE
Notary Public - Notary Seal
STATE OF MISSOURI
Taney County
My Commission Expires Aug. 12, 2007
•
• 18
---- -------
•
Description of Property South of Branson Hills Parkway for CID:
A tract of land situated in the Southeast Quarter (SE1/4); part of the North Half (N1/2) of
the ft-actional Southwest Quarter (SW1/4), Section 18; PaIi of the Northeast Quarter
(NEI/4); part of the North Half (N1/2) ofthe Southeast Quarter (SE1/4) of Section 19;
Part of the West Half (W1/2) of the Northwest Quarter (NW1/4) and the North Half
(N1/2) of the Southwest Quarter (SWII4) of Section 20, all in Township 23 North, Range
21 West of the fifth principal meridian, City of Branson, County of Taney, State of
Missouri, being more particularly described as follows:
Commencing at an existing sand stone marking the quarter corner of Section 19 and 20 of
said Township 23 North, Range 21 West; Thence South 01°15'45" West a distance of
1319.47 feet to and existing lime stone marking the Southwest comer ofthe NWII4 of
the SW1/4 of Section 20 for the Point of Beginning; Thence North 88°26'23" West a
distance of 1326.72 feet to an existing W' iron pin marking the southwest corner of the
NEl/4 of the SE1/4 of said Section 19; Thence North 01°39'55" East, along the west line
of the NE1I4 of the SE1/4 of said Section 19, a distance of 708.45 feet to an existing 5/8"
iron pin set by L.S. 1918; Thence South 88°18'39" East a distance of 449.95 feet to an
existing 5/8" iron pin set by L.S. 1918; Thence North 38°50'30" East a distance of237.12
feet to an existing 5/8" iron pin set by L.S. 1918; Thence North 50°27'16" West a -
distance of 669.48 feet to the point of curvature; Thence northwesterly along a segment
of a curve to the left having an arc length of77.58 feet, (said segment having a chord
•
bearing and distance ofNorth 55°26'57" West, 77.49 feet and a radius of 445.00 feet) to a
point on the east line of the WII2 of the of the NEl/4 of Section 19; Thence South
01 °21 '14" West, along non-tangent east line of the W1I2 of the NEII4 of said Section 19,
a distance of 28.36 feet to the Southeast comer ofthe WII2 of the NE 114 of said Section
19; along the south line of the S\VII4 of the NE1/4 of Section 19, a distance of 1005.22
feet to a point on the east line of O'Leary Addition, a subdivision recorded in Plat
Book/Slide "G", at Page 190 of the records of Taney County, Missouri; Along the east
and north boundary of said O'Leary Addition as follows: Thence North 01 °3 5'48" East a
distance of 71. 81 feet to a point on a curve; Thence southwesterly along a segment of a
non-tangent curve to the left having an arc length of203.81 feet, (said segment having a
chord bearing and distance of South 63°08'08" West, 202.03 feet and a radius of 445.00
feet); Thence South 50°00'54" West a distance of 183.29 feet to a point on the west line
of the NW1/4 of the SE1/4 of Section 19; Thence North 01°50'29" East, leaving the north
boundary of O'Leary Addition and along the west line of the NW1/4 of the SE1/4, a
distance of 145.11 feet to an existing W' iron pin set by LS 1458 marking the South'Nest
corner of the SWII4 of the NE1/4 of said Section 19; Thence North 01°16'28" East, along
the west line of the WI/2 of the NE1/4 of Section 19 a distance of256.17 feet; Thence
South 89°02'05" East a distance of 317.33 feet to a point on a curve; Thence northeasterly
along a segment of a curve to the right having an arc length of 39.98 feet, (said segment
having a chord bearing and distance of North 08°52'17" East, 39.97 feet and a radius of
540.02 feet); Thence North 10°59'33" East a distance of204.93 feet to an existing 5/8"
iron pin set by LS 1918; Thence North 83°22'44" West a distance of358.77 feet to a
•
point on the west line of the W1/2 of the NE1I4 of said Section 19; Thence North
01 °16'28" East, along the west line of the WII2 of the NEl/4 a distance of2115.54 feet
•
to an existing sand stone marking the Southwest comer of the SW1I4 of the SEI/4 of said
Section 18; Thence North 01°36'02" East a distance of 1332.70 feet to an existing lime
stone marking the Northwest comer of the SWI14 of the SEl/4 of Section 18; Thence
North 89°00'56" West, along the south line of the N1I2 of the fraction SWII4 of Section
18, a distance of 699.91 feet to a point on the east right-of-way line of M. S.H.D. Route
248, said point being on a curve; Thence northerly along the easterly right-of-way line of
M. S.H.D. Route 248 through a segment of a non-tangent curve to the left having an arc
length of5.93 feet, (said having a chord bearing and distance of North 08°54'20" East,
5.93 feet segment and a radius of995.37 feet) to a point on the southerly right-of-way
line of Branson Hills Parkway; Along the southerly right-of-way line of Branson Hills
Parkway as follows: Thence North 47°10'14" East a distance of213.68 feet; Thence
North 89°33'59" East a distance of 408.36 feet; Thence easterly along a curve to the left
having an arc length of222.89 feet, and a radius of 1250.00 feet, (said curve having a
chord bearing and distance ofNorth 84°27'30" East, 222.59 feet); Thence North
79°21 '01" East a distance of 431. 03 feet; Thence southeasterly along a curve to the right
having an arc length of955.75 feet, and a radius of 850.00 feet, (said curve having a
chord bearing and distance of South 68°26'16" East, 906.19 feet); Thence South
36°13'32" East a distance of 700.03 feet; Thence easterly along a curve to the left having
an arc length of 148.62 feet, and a radius of750.00 feet, (said curve having a chord
bearing and distance of South 41°54'09" East, 148.38 feet) to the northwest corner of the
Branson City Park Property; Along the westerly boundary of the Branson City Park
Property as follows: Thence South 01 °38'50" West a distance of 886.48 feet; Thence
•
South 88°38'56" East a distance of337.89 feet; Thence South 01 °38'50" West a distance
of 178.51 feet to an existing iron pin marking a comer on the boundary of a parcel
described in Book 351, at Page 8050 of the records of Taney County, Missouri; Leaving
the boundary of the Branson City Park Property and along the boundary of said Parcel
"vr as follows: Thence South 12°32'13" West a distance of285.68 feet; Thence South
54°37'46" East a distance of242.62 feet;Thence South 32°18'54" West a distance of
402.48 feet; Thence South 34°50'05" East a distance of711.64 feet; Thence South
08°06'40" East a distance of 151.65 feet; Thence South 44°31'01" East a distance of
371.03 feet; Thence South 63°05'55" East a distance of 426.58 feet; Thence North
80°02'28" East a distance of 72.17 feet; Thence North 21 °34'34" East a distance of
462.17 feet; Thence North 08°41 '08" East a distance of 591.85 feet to a point on a non-
tangent curve; Thence westerly along a non-tangent segment of a curve to the left having
an arc length of251.88 feet, (said segment having a chord bearing and distance of North
85°56'11" "Vest, 248.12 feet and a radius of 420.00 feet) to a point of reverse curve;
Thence northwesterly along a reverse segment of a curve to the right having an arc length
of257.32 feet, (said segment having a chord bearing and distance ofNorth 87°45'33"
West, 254.25 feet; and a radius of 480.00 feet) to a point on the easterly boundary of said
Branson City Park Property, Along the easterly boundary of the City of Branson Park
Property as follows: Thence North 28°52'43" East a distance of 613 .09 feet; Thence
North 66°37'25" East a distance of379.08 feet to a point on the westerly right-of-way
line of Branson Hills Parl...'Way; Leaving the easterly boundary of the Branson City Park
Property and along the westerly right-of-way line of Branson Hills Parkway as follows:
•
Thence South 23°22'35" East a distance of266.65 feet; Thence southerly along a curve to
the right having an arc length of575.29 feet, and a radius of850.00 feet, (said curve
• having a chord bearing and distance of South 03°59'14" East, 564.37 feet); Thence South
15°24'07" West a distance of823.90 feet; Thence southeasterly along a curve to the left
having an arc length of 1440.22 feet, and a radius of 1550.00 feet, (said curve having a
chord bearing and distance of South 11 °13'01" East, 1388.96 feet); Thence South
30°06'54" East a distance of7.04 feet to a point on a segment of non-tangent curve;
Thence westerly along a non-tangent curve to the left having an arc length of29.12 feet,
(said segment having chord bearing and distance ofNorth 69°46'23" West 29.12 feet and
having a radius of905.00 feet) to a point on the east line of the NW1I4 of the SW1/40f
said Section 20; Thence South 00°26'39" East, along the east line of the NWl/4 of the
SWII4, a distance of 409.59 feet to an existing 3/8" iron pin marking the Southeast
corner of said NW1I4 of the SWII4 of Section 20; Thence North 89°00'29" West, along
the south line of the NW1I4 of the SWl/4 of Section 20, a distance of 1301.41 feet to the
said Point of Beginning, Containing 298.18 acres of land.
Except:
A tract ofland situated in the Southeast Quarter (SEI/4) of the Northeast Quarter
(NE1I4); the Northeast Quarter (NE1I4 of the Southeast Quarter (SEl/4) of Section 19;
the Southwest Quarter (SWII4) of the Northwest Quarter (NWl/4) and the Northwest
Quarter (NWl/4) of the Southwest Quarter (SWl/4) of Section 20, all in Township 23
North, Range 21 West of the fifth principal meridian, Taney County, Missouri, being
more particularly described as follows:
• Commencing at an existing sand stone marking the quarter corner of Section 19 and 20 of
said Township 23 North, Range 21 West; Thence North 01 °19'52" East, along the west
line of the SWII4 of the NWl/4 of said Section 20 a distance of 143.61 feet to the Point
ofBegillning; Thence South 81°06'34" East a distance of 142.15 feet; Thence South
57°50'16" East a distance of302.55 feet; Thence South 00°20'03" East a distance of
400.62 feet to a point on a curve; Thence westerly along a non-tangent segment of a
curve to the left having an arc length of374.16 feet, (said segment having a chord bearing
and distance of South 83°12'21" West, 369.79 feet and a radius of 705.00 feet) to a point
of reverse curvature; Thence westerly along a curve to the right having an arc length of
746.75 feet, and a radius of 695.00 feet, (said curve having a chord bearing and distance
of North 81°13'03" West, 711.34 feet); Thence North 50°26'11" West a distance of
645.97 feet; Thence North 36°20'35" East a distance of 181.16 feet; Thence South
63°08'41" East a distance of98.01 feet; Thence North 87°17'28" East a distance of
776.95 feet; Thence South 81 °06'34" East a distance of200.82 feet to the said Point of
Beginning, Containing 18.46 acres ofland, more or less, 804105.52 square feet ofland,
more or less.
Also, Except:
Pinnacle Lots 18-21 described as follows:
•
• A tract ofland situated in the WII2 ofthe SE 114 of Section 18, Township 23 North,
Range 21 West of the fifth principal meridian, Taney County, Missouri, Being more
particularly described as follows:
Commencing at an existing sand stone marking the quarter corner of Sections 19 and 20,
Township 23, Range 21 West; Thence North 88°19'47" West, a distance of 1317.54 feet
to an existing 112" iron pin marking the Southeast corner of the SWII4 of the NEl/4 of
Section 19; Thence North 88°35'18" West, a distance of 1319.32 feet to an eyisting 1/2"
iron pin set by RLS 1258, marking the Southwest corner of the SW1I4 ofthe NEl!4 of
Section 19; Thence North 01 °16'28" West, along the West line of the WI12 of the NEl/4
of Section 19, a distance of 2648.46 feet to an existing sand stone marking the Southwest
corner of the W1I2 of the SE1I4 of Section 18; Thence South 88°33'27" East, along the
South line of the W1I2 of the SE 114 of Section 18, a distance of 450. 04 feet; Thence
North 01 °27'03" East, a distance of 936.30 feet to the Point of Beginning; Thence North
24°51'18" East a distance of434.83 feet to a point on a non-tangent curve; Thence
Southeasterly along a non-tangent segment of a curve to the left having an arc length of
104.90 feet, (said segment having a chord bearing and distance of South 69°28'36" East,
104.73 feet and a radius of525.00 feet); Thence South 75°12'03" East a distance of
170.17 feet; Thence Easterly along a curve to the left having an arc length of 54.57 feet,
and a radius of 151.37 feet, (said curve having a chord bearing and distance of South
85°31'42" East, 54.27 feet)to a point of reverse curvature; Thence Southerly along a
curve to the right having an arc length of 141.09 feet, and a radius of 97.74 feet, (said
• curve having a chord bearing and distance of South 54°30'03" East, 129.16 feet) to a
point of reverse curvature; Thence Southerly along a curve to the left having an arc
length of211.39 feet, and a radius of 1262.95 feet, (said curve having a chord bearing
and distance of South 17°56'27" East, 211.14 feet) to a point of reverse curvature; Thence
Southerly along a curve to the right having an arc length of23.47 feet, and a radius of
15.00 feet, (said curve having a chord bearing and distance of South 22°05'32" West,
21.15 feet); Thence South 66°55'13" West a distance of 17.62 feet; Thence Southwesterly
along a curve to the left having an arc length of 139.62 feet, and a radius of 175.00 feet,
(said curve having a chord bearing and distance of South 44°03'53" West, 135.94 feet) to
a point of reverse curvature; Thence Southerly along a curve to the right having an arc
length of221.42 feet, and a radius of 125.00 feet, (said curve having a chord bearing and
distance of South 71 °57'14" West, 193.58 feet); Thence North 57°18'04" West a distance
of81.06 feet; Thence Northwesterly along a curve to the left having an arc length of
139.26 feet, and a radius of225.00 feet, (said curve having a chord bearing and distance
of North 75°01'57" West, 137.05 feet) to a point of reverse curvature; Thence Westerly
along a curve to the right having an arc length of 126.20 feet, and a radius of 175.00 feet,
(said curve having a chord bearing and distance of North 72°06'18" West, 123.48 feet) to
a point of reverse curvature; Thence Northwesterly along a curve to the left having an arc
length of 58.83 feet, and a radius of 361.16 feet, (said curve having a chord bearing and
distance ofNorth 56°06'46" West, 58.77 feet) to the Point of Beginning; Containing 5.55
acres ofland more or less, Together with and subject to all easements and restrictions of
record.
•
•
Description of Property North of Branson Hills Parkway for CID:
A tract ofland situated in the West Half (W1/2) of the NE1/4; the West Half (Wl/2) of
the Southeast Quarter (SE1/4); part of the Southwest Quarter (SWl/4) and part of the
Northwest Quarter (NW1/4) of Section 17; Part of the Northeast Quarter (NEl/4); part of
the Southeast Quarter (SE1/4); and part of the North Half (N1I2) of the fractional
Southwest Quarter (SWl/4) of Section 18; The West Half (Wl/2) of the Northeast
Quarter (NEl/4), part of the North Half (Nl/2) of the Southeast Quarter (SE1/4), part of
the North Half (Nl/2) of the Southwest Quarter (SWII4) and part of the Northwest
Quarter (NW1/4) of Section 20, All in Township 23 North, Range 21 West of the fifth
principal meridian, in the City of Branson, Taney County, Missouri, Being more
particularly described as follows:
Commencing at an existing sand stone marking the Southwest corner of the Northwest
Quarter of said Section 20; Thence North 01 °19'52" East a distance of2648.27 feet to the
computed Northwest comer of said Section 20; Thence North 02°01'11" East, along the
west line of the SWII4 of the SWI/4 of said Section 17, a distance of 491.43 feet to a
point on the northerly right-of-way line of Branson Hills Parkway for the Point of
Beginning; Along the northerly right-of-way line of Branson Hills ParJ....'Way as follows:
Thence North 76°49'49" West a distance of404.51 feet; Thence northwesterly along a
curve to the right having an arc length of 460.65 feet, and a radius of 650.00 feet, (said
curve having a chord bearing and distance ofNorth 56°31'41" West, 451.07 feet); Thence
•
North 36°13'32" West a distance of 700.03 feet; Thence northwesterly along a curve to
the left having an arc length of 1068.19 feet, and a radius of950.00 feet, (said curve
having a chord bearing and distance of North 68°26'16" West, 1012.80 feet); Thence
South 79°21'01" West a distance of 431.03 feet; Thence westerly along a curve to the
right having an arc length of205.05 feet, and a radius of 1150.00 feet, (said cur"e having
a chord bearing and distance of South 84°27'30" West, 204.78 feet); Thence South
89°33'59" West a distance of402.61 feet; Thence North 44°51'41" West a distance of
213.89 feet to a point on the east right-of-way line ofM.S.H.D. Route 248, said point
being on a non-tangent curve; Leaving the northerly right-of-way line of Branson Hills
Parkway and along the easterly right-of-way line ofM.S.H.D. Route 248 as follows:
Thence northerly along a non-tangent segment of a curve to the right having an arc length
of315.11 feet, (said segment having a chord bearing and distance ofNorth 17°13'49"
East, 312.27 feet and a radius of676.78 feet); Thence North 30°34'08" East a distance of
83.73 feet; Thence South 88°50'32" East, leaving the east line ofM.S.H.D. Route 248, a
distance of 459.30 feet; Thence North 01°09'28" East a distance of327.98 feet; Thence
North 70°51 '51" West a distance of 246.1 0 feet to a point on the east right-of-way line of
M.S.H.D. Route 248, said point being on a curve; Thence northeasterly along the easterly
right-of-way line ofM.S.H.D. Route 248 through a non-tangent curve to the left having
an arc length of 124.78 feet, (said segment having a chord bearing and distance of North
16°18'45" East, 124.32 feet and a radius of 423.06 feet) to a point on the north line of the
fractional SWII4 of Section 18; Thence South 88°50'32" East, along the north line of the
fractional SW1I4 of Section 18, a distance of317.95 feet to the Southwest comer of the
•
SWI14 of the NEI/4 of said Section 18; Thence North 01°32'00" East, along the west line
of the SWll4 of the NE 1/4 of Section 18, a distance of 522.89 feet to the Southwest
•
corner of a Parcel described in Book 310, at Page 17 of the records of Taney County,
Missouri for a Point of Beginning; Thence South 88°28'00" East a distance of320.00 feet
to the Southeast comer of said Book 310, at Page 17 of the records of Taney County,
Missouri; Thence North 01°32'00" East along parallel with the west line of the NEI/4 of
Section 18 and along the east line of Book 310, at Page 17, a distance of 13 56.36 feet to a
point on the south right-of-way line of Buchanan Road; Thence northeasterly along a
segment of a non-tangent curve to the left, being the south right-of-way line of said
Buchanan Road, and having an arc length of 61.31 feet, and a radius of 308.18 feet, (said
segment having a chord bearing and distance ofNorth 80°08'11" East, 61.21 feet);
Thence South 01 °32'00" \Vest a distance of204.83 feet; Thence South 88°28'00 11 East a
distance of 158.76 feet; Thence North 66°05'50" East a distance of 406.67 feet; Thence
South 88°57'30" East a distance of872.53 feet; Thence South 45°51'06" East a distance
of617.06 feet; Thence North 85°35'16" East a distance of 405.27 feet to a point on the
east line ofthe N1I2 of the NE1I4 of Section 18; Thence North 01°51'13" East, along the
west line of the NWI/4 of the NWI/4 of Section 17, a distance of 1133.42 feet to a point
on the south right-of-way line of Buchanan Road, said point being on a non-tangent
curve; Along the southerly right-of-way line ofBuchanan Road as follows: Thence
southeasterly along a non-tangent segment of a curve to the right having an arc length of
268.70 feet, (said segment having a chord bearing and distance of South 79°03'03" East,
268.48 feet; and a radius of 1933.99 feet), Thence South 75°04'15" East a distance of
341.87 feet; Thence southeasterly along a non-tangent segment of a curve to the right
having an arc length of306.70 feet, (said segment having a chord bearing and distance of
•
South 65°45'33" East, 305.35 feet and a radius of943.60 feet); Thence South 56°26'52"
East a distance of 166.58 feet; Thence southeasterly along a curve to the left having an
arc length of 106.62 feet, and a radius of 520.78 feet, (said curve having a chord bearing
and distance of South 62°18'46" East, 106.43 feet); Thence South 68°10'40" East a
distance of 130.02 feet; Thence easterly along a segment ofa curve to the left having an
arc length of 72.22 feet, (said segment having a chord bearing and distance of South
74°09'49" East, 72.09 feet and a radius of345.65 feet) to a point on the east line of the
NW1/4 of the NW1/4 of said Section 17; Thence South 01 °40'53" West, leaving the
southerly right-of-way line of Buchanan Road and along the east line of said NW1/4 of
the NWl/4, a distance of851.54 feet to an existing wagon tire iron; Thence South
01°15'20" West, along the east line of the SWII4 of the NWI/4 of said Section 17 a
distance of997.04 feet to the southwest corner of property owned by the Branson R IV
School District; Thence South 88°20'31" East a distance of 1316.14 feet to the Southeast
comer of the parcel owned by the Branson R IV School district, said point being on the
east line of the SE1I4 of the NW1I4 of Section 17; Thence North 01°15'50" East, along
the east line of the SE1/4 if the N\V1I4 of Section 17, a distance of 1000.45 feet to an
existing wagon tire iron marking the Southeast comer of the NEI/4 of he NWl!4 of
Section 17; Thence North 01 °25'18" East, along the east line of the NE1I4 of the NWI/4
of Section 17, a distance of 664.53 feet to a point of deflection in the Branson R IV
School district property; Thence North 66°10'50" West, along the northerly line of the
Branson R IV School District Property, a distance of 1021.27 feet, to a point on the
southerly right-of-way line of Buchanan Road, said point being on a curve; Along the
•
southerly right-of-way line of Buchanan Road as follows: Thence easterly along a non-
tangent segment of a curve to the left having an arc length of 138.98 feet, (said segment
• having a chord bearing and distance of North 64°30'22" East, 138.81 feet and a radius of
794.00 feet); Thence North 59°29'29" East a distance of 84.80 feet; Thence easterly along
a curve to the right having an arc length of 411.09 feet, and a radius of 734.00 feet, (said
curve having a chord bearing and distance ofNorth 75°32 110" East, 405.74 feet); Thence
South 88°25'08" East a distance of910.18 feet; Thence southeasterly along a curve to the
right having an arc length of386.20 feet, and a radius of970.00 feet, (said curve having a
chord bearing and distance of South 77°00'47" East, 383.65 feet); Thence South
65°36'26" East a distance of925.04 feet; Thence southeasterly along a curve to the right
having an arc length of 158.83 feet, and a radius of 376.01 feet, (said curve having a
chord bearing and distance of South 53°24'28" East, 157.65 feet); Thence South
41 °06'26" East a distance of79.03 feet; Thence easterly along a curve to the left having
an arc length of 126.30 feet, and a radius of230.00 feet, (said curve having a chord
bearing and distance of South 56°50'20" East, 124.72 feet); Thence South 72°3T28 H East
a distance of 78.31 feet to a point on the west right-of-way line of SW Outer Road said
point being on a curve; Thence southerly along a non-tangent segment of a curve to the
left having an arc length of80.00 feet, (said segment having a chord bearing and distance
of South 13°09'32" West, 79.98 feet and a radius of 1190.92 feet); Thence South
09°56'39" West, continuing along the westerly right-of-way line of SW Outer Road, a
distance of53.63 feet; Thence North 78°56'50" West, leaving the westerly right-of-way
line of the SW Outer Road, a distance of 822.71 feet to a point on the east line of the
W1/2 of the NE1I4 of Section 17; Thence South 01°25'02" West, along the east line of
the W1/2 of the NE1/4 of Section 17, a distance of 1936.93 feet to an existing 5/8" iron
• pin marking the Southeast comer of the WII2 of the NE 114 of said Section 17; Thence
South 01 °35'33" West a distance of 1318.63 feet to an existing wagon tire iron marking
the Southeast corner of the NWl/4 of the SE1/4 of Section 17; Thence South 01 °Il '33"
West a distance of 1326.10 feet to the Northwest comer of the NE1/4 of the NE1/4 of
Section 20; Thence South 01°05'37" West a distance of 1323.18 feet to an existing lime
stone marking the Southeast comer ofNW1/4 of the NE1I4 of Section 20; Thence South
01 °17'58" West a distance of 1333.47 feet to an existing stone marking the Southeast
comer of the SW1I4 of the NEl/4 ofSeetion 20; Thence South 88°18'11" East, along the
south line of the SE1I4 of the NE1I4 ofSeetion 20, a distance of654.93 feet to an
eyjsting 5/8" iron pin set by L. S. 1918; Thence South 01 °22'11 " West a distance of
102.88 feet to an existing 5/8" iron pin set by L.S. 1918; Thence South 16°56'46" East a
distance of 237 .32 feet; Thence South 25°19'50" East a distance of335.06 feet to an
existing 5/8" iron pin set by L.S. 1918; Thence South 18°12'55" East a distance of256.63
feet; Thence North 88°38'10" West a distance of 412.95 feet; Thence South 01 °21'04"
West a distance of222.30 feet to a point on the Northwest comer of Lot 14 Branson
Hills, a subdivision plat recorded in Plat Book/Slide "D", at Pages 414-432 ofthe records
of Taney County, Missouri; Thence North 88°38'56" West, along the north boundary of
lots 13-1 and 13-2 of said Branson Hills, a distance of 848.83 feet to the Northwest
comer of said Lot 13-2; Thence North 43°49'08" West a distance of352.51 feet to a
corner of Lot 13-3 Branson Hills; Thence South 89°17'15" West a distance of 1105.72
feet to the Northwest corner of said Lot 13-3 Branson Hills, marked by an existing 5/8"
iron pin set by L.S. 1918; Thence North 88°42'35" West a distance of79.91 feet to an
• existing 5/8" iron pin set by L.S. 1918; Thence North 66°56'06" West a distance of
641.65 feet; Thence South 36°55'13" West a distance of33.29 feet to an existing 5/8"
• iron pin set by L.S. 1918; Thence South 74°51'37" West a distance of265.97 feet to a
point on the easterly right-of-way line of Branson Hills Parkway, said point being on a
curve; Along the easterly right-of-way line of Branson Hills Parkway as follows: Thence
northerly along a non-tangent segment of a curve to the right having an arc length of
1272.43 feet, (said segment having a chord bearing and distance of North 09°44'16"
West, 1232.00 feet and a radius of 1450.00 feet); Thence North 15°24'07" East a distance
of 823.90 feet; Thence northerly along a curve to the left having an arc length of 642.97
feet, and a radius of950.00 feet, (said curve having a chord bearing and distance of North
03°59'14" \Vest, 630.77 feet); Thence North 23°22'35" West a distance of 871.96 feet;
Thence westerly along a curve to the left having an arc length of 699.71 feet, and a radius
of750.00 feet, (said curve having a chord bearing and distance of North 50°06'12" West,
674.61 feet); Thence North 76°49'49" West a distance of361.07 feet to the said Point of
Beginning, Containing 837.62 acres ofland, more or less, Subject to all easement and
restrictions of record.
•
•
BRANSON HILLS INFRASTRUCTURE AND
RECREATIONAL FACILITY CID
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• EXHIBITB
METHOD AND MAXIMUM RATE OF SPECIAL ASSESSMENTS
Method of Assessment: Residential and commercial properties will be assessed on the basis of the
classifications of property and units of measure as set forth in the charts below.
Definitions that apply to terms used in these charts:
"Exterior Lot" means a lot which borders or touches upon golf course property.
"Interior Lot" means a lot which does not border or touch upon golf course property.
"Location oCProperty" references the Final Subdivision Plat approved by the City of Branson, or other
general location if the property is not yet platted.
Residential Property
Classification of Method of Assessment Maximum Rate of
Location of Property
Property (unit of measure) Assessment (per year)
Standard Residential -
Phase 1, 2, 4-7 Plats Per Lot $2,500
Exterior Lot
Standard Residential -
Phase 1, 2, 4-7 Plats Per Lot $2,500
Interior Lot
• Estate Residential -
Exterior Lot
Estate Residential -
Interior Lot
Phase 3, 8 Plats
Phase 3, 8 Plats
Per Lot
Per Lot
$2,500
$2,500
Senior Residence Per Acre until plat or $3,500 per acre
South of Branson condo plat filed, then $2,500 per unit or per lot
Hills Parkway Per Lot (in case of plat)
or Per Unit (in case of
condo plat)
Apartment Apartments Plat Per Acre $3,500
Per Acre until condo plat $3,500 per acre
Golf Casitas Phase 2 Plat
filed, then Per Unit $2,500 per unit
Per Acre until condo plat $3,500 per acre
Condominium Units Phase 2 Plat
filed, then Per Unit $2,500 per unit
• B-1
• Classification of
Commercial Property
Method of Assessment Maximum Rate of
Location
Property (unit of measure) Assessment (per year)
Town Center Commercial Phase 2 Plat Per Acre $3,500
Northeast portion of
North East Commercial Per Acre $3,500
development
•
• B-2
• EXHIBIT C
PROPERTY OWNERSHIP AND ASSESSED VALUE
Branson Hills Infrastructure and
Recreational Facility Community Improvement District
Owner Parcel Number Assessed Value
Branson Hills Development
Company, L.L.C 08-4.0-18-000-000-012.000 $720
08-4.0-18-000-000-01 0.000 $6,720
08-4.0-18-000-000-005.005 $370
08-4.0-18-000-000-005.003 $1,130
08-4.0-18-000-000-011.000 $11,930
08-4.0-20-000-000-069.000 $4,370
08-4.0-19-000-000-001.000 $32,300
08-4.0-17-000-000-004.000 $2,570
08-4.0-17-000-000-007.000 $42,180
08-4.0-20-000-000-063.000 $74,780
08-4.0-20-000-000-044.003 $2,100
08-4.0-19-000-000-001.007 $3,420
•
08-4.0-19-000-000-001.004 $510
08-4.0-19-000-000-001.001 $380
08-4.0-19-000-000-001 .006 $10,750
08-4.0-17-000-000-024.000 $1,950
we Eleven, LLC 08-4.0-19-000-000-001.002 $4,180
Gary L. Fultz
Barry S. Schwartz
Richard E. Huffman
Marc L. Williams
Mark D. Elgin 08-4.0-18-000-000-005.001 $1,510
Cedar Greens, LLC 08-4.0-18-000-000-001.000 $2,350
Total $204,220
• C-l
•
EXHIBITD
TO THE PETITION FOR ESTABLISHMENT
OF
BRANSON HILLS INFRASTRUCTURE AND RECREATIONAL FACILITY
COMMUNITY IMPROVEMENT DISTRICT
CITY OF BRANSON, MISSOURI
• DISTRICT MANAGEMENT PLAN
The information and details outlined in the following pages represent the strategies,
activities, services and improvements that will be undertaken during the initial five-year
duration of a Community Improvement District in The City of Branson. It is an integral
and composite part of the petition to establish Branson Hills Infrastructure and Recreational
Facility Community Improvement District.
• D-1
• Introduction
The Branson Hills Infrastructure and Recreational Facility Community Improvement District (the
"District") is created pursuant to Section 67.1401 through 67.1571 of the Revised Statutes of Missouri
(the "cm Act"). Section 67.1421, RSMo, requires that the petition for the creation of the District be
accompanied by a five-year plan which includes a description of the purposes of the proposed district, the
services it will provide, the improvements it will make and an estimate of the costs of these services and
improvements to be incurred. This Five-Year District Management Plan (the "Plan") is designed to
comply with this statutory requirement, and is appended to the Petition for Formation of the District.
Section 1
Why Create a Community Improvement District?
The District is proposed to provide funding for the construction of public improvements and the
production and promotion of recreational services for the Branson Hills mixed-use development. It is
anticipated that the District will issue bonds, the proceeds of which will be used to fund all or a certain
portion of the costs associated with the construction of the projects. The District will impose special
assessments that will be used to repay the bonds. The bonds will not be a financial obligation of the
City of Branson. The District may also impose a sales ta'\. on the commercial uses within the project.
Section 2
What is a Community Improvement District?
•
A community improvement district ("CID") is an entity that is separate from the City of Branson
and is formed by the adoption of an ordinance by the City of Branson Board of Aldermen following a
public hearing before the Board of Aldermen regarding formation ofthe District. A CID may take the
form of a political subdivision of the State of Missouri, or a nonprofit corporation that is formed and
operated under Missouri corporation laws. cms are empowered to provide a variety of public services
and to finance a number of different public improvements. CIDs derive their revenue from taxes and
assessments levied within the boundaries of the CID. Such revenues are then used for the benefit of the
properties within the cm. A cm is operated and managed by a board of directors, whose members may
be appointed or elected. Board members serve for a designated period of time, and the Board positions
are again elected or appointed at the expiration of each term.
Section 3
Management Plan Summary
This Plan is proposed to improve and convey special benefits to properties located within the
boundaries of the District by providing assistance in the construction of certain public improvements that
serve the District, and for the production and promotion of recreational activities in the District. The
District in tIns case will take the form of a separate political subdivision of the State of Missouri, which
will be governed by a Board of Directors that will consist offive members.
District Formation:
cm formation requires submission of signed petitions from a group of property owners:
• collectively owning more than fifty percent (50%) by assessed value of the real property
•
within the District, and
1
• • representing more than fifty percent (50%) per capita of all owners of real property
within the District.
The Petition to which this Plan is attached meets these signature requirements.
Location:
The Project is located generally west of U.S. Highway 65 and east of Highway 248, and is
bisected by the Branson Hills Parkway in Branson, Missouri. The Development will cover approximately
1120 acres ofland, and is represented on the map included as Exhibit 1 of this Plan.
Assessed Value ofDistrict:
The total assessed value of the properties within the District on the date of the Petition is
$204,220.00.
Improvements and Services:
A. The District will assist in the funding of the construction of certain public improvements (the
"Public Improvements"), which are more particularly described in Exhibit 2 of this Plan.
B. The District will provide certain services authorized under the cm Act (the "District
Services"), which are more particularly described in Exhibit 3 of this Plan.
• Method ofFinancing:
It anticipated that the District may issue bonds or incur other obligations, as defined in
Section 67.1401.2(10) of the Revised Statutes of Missouri, to pay for the Public Improvements. The
District will impose special assessments on the property within the District (the "Special Assessments"),
in accordance with the benefits provided to each classification of property from the Public Improvements.
The Special Assessments will be imposed on the basis of the classifications of property and units of
measure as set forth in Exhibit B to the petition for creation of the District. The District may also impose
a sales and use tax on all retail sales made in the District which are subject to taxation pursuant to sections
144.010 to 144.525 of the Revised Statutes of Missouri, except the sale of motor vehicles, trailers, boats
or outboard motors and sales to public utilities, all as allowed by Sections 67.1461 and 67.1545 of the
Revised Statutes of Missouri (the "District Sales Tax"). The revenue collected from the Special
Assessments and the District Sales Tax will be used to repay the bonds or other obligations that are issued
to fund the costs of construction of the Public Improvements and/or acquisition of equipment necessary to
provide the District Services, as well as payment of administrative costs of the District.
Cost:
The total estimated cost of the Public Improvements and the provision of District Services is set
forth in Exhibit 2 and Exhibit 3, respectively.
City Services:
• The em Act mandates that existing City services will continue to be provided within a cm at
the same level as before the District was created (unless services are decreased throughout the City) and
2
• that District services shall be in addition to existing City services. The District anticipates that City
services will continue to be provided within the District at the same level as before the District was
created, and the District will not cause the level of City services within the District to diminish.
Duration:
The District will operate for a maximum tenn of sixty-five (65) years beginning 2006, which is
the time period that it is estimated for the Special Assessments and District Sales Tax to remain in place
to fully fund the costs to be funded by the District. The petition process must be repeated for the cm to
continue beyond 65 years. No plan for distribution of assets on dissolution may be approved unless the
title to assets of the District are to be owned by the State of Missouri or a political subdivision of the State
of Missouri. If title to the assets of the District vest in the State of Missouri or a political subdivision of
the State of Missouri, the District may be dissolved prior to 65 years.
Governance:
The District's budgets and policies will be refined annually, within the limitations set forth in this
Plan, by District Board of Directors. The District will enter into a contract with the City to coordinate
construction, maintenance and financing activities of the District with the City. Budgets and reports will
be submitted annually to the City for review and comment. The District will operate at all times in
accordance with the District Rules and Regulations (Section 8) and the Bylaws of the District.
Section 4
•
District Boundaries
Approximate 1120 acres has been identified for the District. The map of the District is attached
as Exhibit 1 to the Plan.
Section 5
Facilities and Services to Be Provided
As summarized above, during the first five years, the District will be used as a mechanism to
finance the cost of constructing the Public Improvements and providing or contracting for the provision of
District Services.
Section 6
Governing the Community Improvement District
Board ofAldermen
Following the submission of the Petition, the Board of Aldennen will conduct a public hearing
and then consider an ordinance to create the District.
Board ofDirectors for CID:
cm budgets and policies will be refmed annually, within the limitations set forth in the Plan, by
the District Board of Directors. Annual budgets will be submitted annually to the City of Branson for
•
review and comment.
3
- - - - - - - - - - -
• Contract with the City:
The District will enter into a contract with the City of Branson regarding the operation of the
District, the imposition and collection of the Special Assessments and the District Sales Tax, the issuance
of bonds to fund the provision of District Services and construction and maintenance of the Public
Improvements and any other relevant aspects of the overall financing for the Project. Pursuant to Section
67.1461.3, RSMo, the contract between the District and the City will also provide for the annual
reimbursement to the City for the reasonable and actual expenses incurred by the City to establish the
District and review annual budgets and reports of the District which are required to be submitted to the
City. It is expected that water service will be provided by a water district, and the District may enter into
a contract for such water service.
Section 8
District Rules and Regulations
1. The District shall operate at all times in accordance with Bylaws that shall be adopted by the
Board of Directors. The initial Bylaws to be adopted by the Board of Directors shall be in
accordance with the Bylaws attached to this Plan as Exhibit 4. The District shall at all times
conduct its proceedings in accordance with Robert's Rules of Order, except as otherwise provided
in the Bylaws.
2. The District will meet on an annual or more frequent basis. The District shall hold meetings
when so requested by the City.
• 3. The District will annually prepare a budget, and an annual report describing the major activities
of the District during the preceding year and upcoming year. The Budget and Report shall be
submitted to the City Finance Director for review and comment not less than thirty (30) days
prior to the intended date of approval of the Budget. The Budget shall not be approved without
the prior written consent of the City.
• 4
• EXHIBIT 1
to Five Year Management Plan
DISTRICT MAP
•
•
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• EXHIBIT 2
to Five Year Management Plan
DESCRIPTION AND ESTIMATED COST OF PUBLIC IMPROVEMENTS
Roads $12,000,000
Water $7,300,000
Wastewater $2,000,000
Walking Trails, Landscaping and other infrastructure $2,000,000
Golf Course and Related Recreational Facilities $15,000,000
Professional Services related to public improvements:
Administrative, Accounting, Legal and other $2,000,000
In order to maintain the public character of the golf course, to the extent that the golf course is funded
with CID funds, the CID will prepare an annual report which verifies that the golf course and related
•
recreational facilities are being operated as public recreational facilities in accordance with all applicable
state laws and federal tax laws. This report will analyze all relevant factors, including use of the facilities,
events, memberships, passes, green fees and access by the public.
•
• EXHIBIT 3
to Five Year Management Plan
DESCRIPTION AND ESTIMATED COST OF DISTRICT SERVICES
The District will provide golf course and related recreational services to the District and
the general public. A description of the estimated costs to provide these services are set forth in
the attached spreadsheet. .
•
•
HVS GolfServices. Boulder. Colorado Pl'Oposed lrlbute GolfClub-Bramon, MO CoIf & Club Cas!] Mow 9-19
•
Net Operating Income-- The summary of operating revenues and costs for
the proposed Tribute Golf Course are shown in the following table. These
calculations present the net operating income of the golf course before any
debt service payments, depreciation, land costs, etc.
The net operating income wUl increase from about $479,000 in 2008 to
$877,000 in 2012. The net operating income experiences a small dip in 2011,
because the non-resident memberships sold out in 2010, eliminating the
initiation fee revenue.
Net 0Eerating Income for the Tribute Golf Club (1,000's)
Income Expense Net Operating Income
2008 $2,351 $1,872 $479
2009 $2,511 $2,000 $510
2010 $3,342 $2,588 $754
2011 $3,445 $2,706 $740
•
2012 $3.639 $2,762 $877
2013 $3.748 $2.806 $942
2014 $3,860 $2,890 $970
2015 $3,976 $2,973 $1,004
2015 $4,095 $3,058 $1,038
2017 $4,218 $3,145 $1.073
•
r d V68l ON
• EXHIBIT 4
to Five Year Management Plan
BYLAWS
OF THE
BRANSON HILLS INFRASTRUCTURE AND RECREATIONAL FACILITY
COMMUNITY IMPROVEMENT DISTRICT
ARTICLE I
OFFICES, RECORDS, SEAL
1. Principal Office. The principal office of the District shall be located within the bounds
of Branson, Missouri, at such place as may from time to time be designated by the Board of Directors.
2. Records. The District shall keep correct and complete books and records of account and
shall also keep minutes of the proceedings of the Board of Directors and each committee of the Board of
Directors. The District shall keep at its principal office a record of the name and place of residence of
each director and each officer.
• 3. Seal. The District shall not have a corporate seal unless it is otherwise required by law to
obtain or use such a seal.
ARTICLE II
PURPOSES
The purposes of the District shall be to provide those services and improvements set forth in the
petition for creation of the District and the Five Year Management Plan, and for all other lawful purposes
that may be authorized by the Board of Directors and allowed by Section 67.1461 of the Revised Statutes
of Missouri.
ARTICLE III
BOARD OF DIRECTORS
1. Powers of Board of Directors. The Board of Directors shall have and is vested with all
powers and authorities granted by Section 67.1401 through 67.1571, RSMo, except as it may be expressly
limited by law or these Bylaws, to supervise, control, direct and manage the property, affairs and
activities of the District, to determine the policies of the District, to do or cause to be done any and all
lawful things for and on behalf of the District, to exercise or cause to be exercised any or all of its powers,
privileges or franchises, and to seek the effectuation of its objects and purposes.
2. Official Actions. In accordance with Section 67.1451, RSMo, all official acts of the
Board of Directors shall be by written resolution approved by the Board.
• 3. Number of Directors; Qualifications. The number of directors of the District to
constitute the Board of Directors shall be five (5), whose names and initial terms of office were stated in
Bylaws of the Branson Hills Infrastructure and
Recreational Facility Community Improvement District
• the Petition for the Establishment of the District (the "Petition"). The number of directors may not be
increased or decreased. Each director shall be at least twenty-one (21) years of age and a property owner,
or representative of a property owner, within the boundaries of the District.
4. Initial Board of Directors. The initial Board of Directors is as follows:
Richard Huffman - Director
Marc Williams - Director
Barry Schwartz - Director
Gary Fultz - Director
Mark Elgin - Director
Thereafter, successor directors shall be selected in the manner and for the tenns provided for in
paragraph 6 of this Article III.
5. Commencement of Term of Office of Directors. A director shall not be deemed to
have commenced his or her tenn of office or to have any of the powers or responsibilities of a director
(i) unless such director is qualified to act as such, and (ii) until the time such director accepts the office of
•
director either by a written acceptance or by participating in the affairs of the District at a meeting of the
Board of Directors or otherwise.
6. Successor Directors. In all cases except where the Board of Directors is filling a
vacancy for the remainder of a tenn pursuant to this Article III, the Mayor of the City shall appoint
successor directors, subject to the consent of the Board of Aldennen. Successor Directors appointed
pursuant to this section shall serve for a tenn of four years.
7. Removal for Cause. In accordance with Section 67.1451.7, RSMo, any director may be
removed for cause by a two-thirds affinnative vote of the Directors of the Board (four Directors). Written
notice of the proposed removal shall be given to all directors prior to action thereon.
8. Resignation. Any director may resign from the Board of Directors. Such resignation
shall be in writing addressed to the Secretary ofthe District and shall be effective immediately or upon its
acceptance by the Board of Directors as such resignation may provide.
9. Vacancy. In accordance with Section 67.1451.4, RSMo, in the event ofa vacancy on the
Board of Directors prior to the expiration of a director's term, the remaining directors shall elect an
interim director to fill the vacancy for the unexpired term. Unless otherwise provided by law, in the event
that there are less than two remaining directors to fill the vacancies for the respective unexpired tenns, the
remaining director, if any, and Branson Hills shall recommend to the Mayor individuals to serve as
interim directors, who shall be appointed in the same manner as successor directors as provided in
paragraph 6 of this Article III. At the expiration of the remaining tenn of the interim director, a new
director shall be selected as provided in paragraph 6 of this Article III.
•
10. Compensation of Directors. No director shall receive compensation from the District
for any service such director may render to it as a director. A director may be reimbursed for his or her
Bylaws of the Branson Hills Infrastructure and 2
Recreational Facility Community Improvement District
• actual expenses reasonably incurred in and about such director's perfonnance of his or her duties as a
director.
11. Committees. The Board of Directors shall have no authority to appoint an executive
committee or any other committee having the authority of the Board of Directors. The Board of Directors
may create and appoint any committees it deems necessary and advisable to conduct studies and reviews
and provide advice and recommendations to the Board of Directors.
ARTICLE IV
MEETINGS AND PROCEDURES
1. Procedural Rules. All meetings and proceedings of the District shall be in accordance
with Robert's Rules of Order except as otherwise directed by these Bylaws.
2. Place. Meetings of the Board of Directors of the District shall be held at the principal
office of the District, as designated by the Board of Directors, or at any other place within Taney County,
Missouri, as may be determined from time to time by the Board of Directors.
3. Notice of Meetings. Meetings may be called by the Chairman, the Vice Chainnan or the
Secretary or by a majority of the Board of Directors by notice duly signed by the officer or directors
calling the same and given in the manner hereinafter provided. Written notice stating the time, date, place
and tentative agenda of a meeting shall be delivered to each director not less than twenty four (24) hours
before the time of the meeting, either personally, by mail or by facsimile. If mailed, such notice shall be
•
deemed to be delivered three days after depositing such notice in the United States mail addressed to the
director at such director's address as it appears on the records of the District, with postage thereon
prepaid.
4. Waiver of Notice. Any notice provided or required to be given to the directors may be
waived in writing by any of them whether before or after the time stated therein. Attendance of a director
at any meeting shall constitute a waiver of notice of such meeting except where the director attends a
meeting for the express purpose of objecting to the transaction of any business because the meeting is not
lawfully called or convened.
5. Quorum. The presence of a majority of the Board of Directors shall be requisite for and
shall constitute a quorum for the transaction of business at all meetings. Vacant positions are not counted
in determining a majority of the Board of Directors. The acts of directors, in accordance with Robert's
Rules of Order, who are present at a meeting at which a quorum is present shall be valid as the act of the
Board of Directors except in those speciflc instances in which a larger vote may be required according to
Robert's Rules of Order, by law or these Bylaws.
6. Adjournment. Whether or not a quorum shall be present at any such meeting, the
directors present shall have power to adjourn the meeting, without notice other than announcement at the
meeting, to a specified date. At any such adjourned meeting at which a quorum shall be present, any
business may be transacted that could have been transacted at the original session of the meeting.
7. Voting. Each director present at any meeting shall be entitled to cast one vote on each
matter coming before such meeting for decision. If a roll call is taken, all votes shall be recorded so as to
attribute each "aye" and "nay" vote, or abstinence if not voting, to the name of the respective director.
• Bylaws of the Branson Hills Infrastructure and
Recreational Facility Community Improvement District
3
• 8. Official Actions. In accordance with Section 67.1451.8, RSMo, all official acts of the
Board of Directors shall be by written resolution approved by the Board.
9. Meeting by Conference Telephone. Members of the Board of Directors may participate
in a meeting of the Board of Directors by means of conference telephone or similar communications
equipment whereby all persons participating in the meeting can hear each other, and participation in a
meeting in this manner shall constitute presence in person at the meeting. Notice for such meetings shall
designate a place where members of the public may hear the conference call for purposes of complying
with Chapter 610 of the Revised Statutes of Missouri, as amended (the "Sunshine Law").
10. Compliance with State Sunshine Law. The District is a "public governmental body"
pursuant to the Sunshine Law; therefore, notwithstanding any other provision of these Bylaws and in
addition to any requirements of these Bylaws, the District shall give notice of and conduct all meetings of
the Board of Directors in accordance with the Sunshine Law.
ARTICLE V
OFFICERS
1. General. The officers of the District shall be a Chairman, a Vice Chairman, an
Executive Director, a Secretary, a Treasurer and such other officers as the Board of Directors may
appoint. The officers shall be appointed from among the members of the Board of Directors and shall at
all times while holding such offices be members of the Board of Directors. Any two or more offices may
be held by the same person.
• 2. Election and Terms of Office. Initially, the officers shall be appointed by the Board of
Directors named in these Bylaws at the first meeting of that body, to serve until the first annual meeting
of the Board of Directors and until their successors are duly elected and qualified.
At the first and each subsequent annual meeting of the Board of Directors, the Board of Directors
shall appoint officers to serve until the next annual meeting of the Board of Directors and until their
successors are duly appointed and qualified.
An officer shall be deemed qualified when such officer enters upon the duties of the office to
which such officer has been appointed and furnishes any bond required by the Board of Directors or these
Bylaws; but the Board of Directors may also require of such person a written acceptance and promise
faithfully to discharge the duties of such office.
The term of office of each officer of the District shall terminate at the annual meeting of the
Board of Directors next succeeding his or her appointment and at which any officer of the District is
appointed unless the Board of Directors provides otherwise at the time of his or her appointment.
3. Removal. If for any reason any officer who is also a member of the Board of Directors
ceases to be a member, then such officer shall be deemed automatically removed from office in the
District.
4. Compensation of Officers. No officer who is also a member of the Board of Directors
shall receive any salary or compensation from the District for any services such officer may render to it as
an officer. Salaries and compensation of all other officers, agents and employees of the District, if any,
•
may be fixed, increased or decreased by the Board of Directors, but until action is taken with respect
thereto by the Board of Directors, the same may be fixed, increased or decreased by the Chainnan, or
Bylaws ofthe Branson Hills Infrastructure and 4
Recreational Facility Community Improvement District
• such other officer or officers as may be empowered by the Board of Directors to do so; provided,
however, that no person may fix, increase or decrease his or her own salary or compensation. Each
officer may be reimbursed for such officer's actual expenses if they are reasonable and incurred in
connection with the purposes and activities of the District.
5. Vacancies. Vacancies caused by the death, resignation, incapacity, removal or
disqualification of an officer of the District shall be filled by the Board of Directors at any annual or other
regular meeting or at any special meeting called for that purpose, and such person or persons so elected to
fill any such vacancy shall serve at the pleasure of the Board of Directors until the next annual meeting of
the Board of Directors, and until such officer's successor is duly elected and qualified.
6. The Chairman. The Chairman shall be the chief executive officer of the District, shall
have such general executive powers and duties of supervision and management as are usually vested in
the office of the chief executive officer of a District, and shall carry into effect all directions and
resolutions of the Board of Directors. The Chairman may serve as the Executive Director pursuant to
paragraph 10 of this Article V. The Chairman shall preside at all meetings of the Board of Directors at
which he or she may be present.
The Chairman may execute all bonds, notes, debentures, mortgages, and other contracts requiring
a seal, under the seal of the District and may cause the seal to be affixed thereto, and all other instruments
for and in the name of the District.
The Chainnan shall have the right to attend any meeting of any committee of the Board of
•
Directors and to express his or her opinion and make reports at such meeting; provided, however, that
unless the Chairman shall be specifically appointed to any committee, the Chairman shall not be
considered to be a committee member or have the right to vote or be counted for the purpose of
determining a quorum at any such meeting.
The Chairman shall have such other duties, powers and authority as may be prescribed elsewhere
in these Bylaws or by the Board of Directors.
7. The Vice Chairman. The Vice Chairman shall work in cooperation with the Chairman
and shall perfonn such duties as the Board of Directors may assign to him or her. In the event of the
death, and during the absence, incapacity, inability or refusal to act of the Chainnan, the Vice Chairman
shall be vested with all the powers and perform all of the duties of the office of Chairman. In the absence
of the Chairman, the Vice Chairman shall preside at all meetings of the Board of Directors at which he or
she may be present. The Vice Chairman shall have such other or further duties or authority as may be
prescribed elsewhere in these Bylaws or from time to time by the Board of Directors.
8. The Secretary. The Secretary shall attend the meetings of the Board of Directors and
shall record or cause to be recorded all votes taken and the minutes of all proceedings in the minute book
of the District to be kept for that purpose. The Secretary shall perform like duties for any committee
established pursuant to these Bylaws when requested by such committee to do so. The Secretary shall be
the custodian of all the books, papers and records of the District and shall, at such reasonable times as
may be requested, permit an inspection of such books, papers and records by any director of the District.
The Secretary shall upon reasonable demand furnish a full, true and correct copy of any book, paper or
record in his or her possession. The Secretary shall be the administrative and clerical officer of the
District under the supervision of the Chairman and the Board of Directors.
• Bylaws of the Branson Hills Infrastructure and
Recreational Facility Community Improvement District
5
• If the District has a seal, the Secretary shall keep in safe custody the seal of the District and when
authorized to do so shall affix the same to any instrument requiring the seal, and when so affixed, the
Secretary shall attest the same by his or her signature.
The Secretary shall have the general duties, powers and responsibilities of a secretary of a district
and shall have such other or further duties or authority as may be prescribed elsewhere in these Bylaws or
from time to time by the Board of Directors.
9. Treasurer. The Treasurer shall have supervision and custody of all moneys, funds and
credits of the District and shall cause to be kept full and accurate accounts of the receipts and
disbursements of the District in books belonging to it. The Treasurer shall keep or cause to be kept all
other books of account and accounting records of the District as shall be necessary, and shall cause all
moneys and credits to be deposited in the name and to the credit of the District in such accounts and
depositories as may be designated by the Board of Directors. The Treasurer shall disburse or supervise
the disbursement of funds of the District in accordance with the authority granted by the Board of
Directors, taking proper vouchers therefor. The Treasurer shall be relieved of all responsibility for any
moneys or other valuable property or the disbursement thereof committed by the Board of Directors to the
custody of any other person or district, or the supervision of which is delegated by the Board of Directors
to any other officer, agent or employee.
The Treasurer shall render to the Chainnan or the Board of Directors, whenever requested by
them, an account of all transactions as Treasurer and of those under the Treasurer's jurisdiction and the
financial condition of the District.
• The Treasurer shall have the general duties, powers and responsibilities of a treasurer of a district,
shall be the chief financial and accounting officer of the District and shall have and perfonn such other
duties, responsibilities and authorities as may be prescribed from time to time by the Board of Directors.
10. The Executive Director. The Executive Director shall execute documents, take any
action and perfonn any further duties as may be prescribed from time to time by the Board of Directors.
11. Other Agents. The Board of Directors from time to time may also appoint such other
agents for the District as it shall deem necessary or advisable, each of whom shall serve at the pleasure of
the Board of Directors or for such period as the Board of Directors may specify, and shall exercise such
powers, have such titles and perform such duties as shall be detennined from time to time by the Board of
Directors or by an officer empowered by the Board of Directors to make such detenninations.
ARTICLE VI
GENERAL PROVISIONS
1. Contracts. The Board of Directors may authorize any officer or officers, agent or
agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of
the District. All contracts shall be approved by written resolution of the Board of Directors.
2. Depositories and Checks. The moneys of the District shall be deposited in such manner
as the Board of Directors shall direct in such banks or trust companies as the Board of Directors may
designate and shall be drawn out by checks or drafts signed in such manner as may be provided by
•
resolution adopted by the Board of Directors.
Bylaws of the Branson Hills Infrastructure and 6
Recreational Facility Community Improvement District
• 3. Bonds. The Board of Directors may require that any officer or employee handling
money of the District be bonded at the District's expense, in such amounts as may be determined by the
Board of Directors.
4. Custodian of Securities. The Board of Directors may from time to time appoint one or
more banks or trust companies to act for reasonable compensation as custodian of all securities and other
valuables owned by the District, and to exercise in respect thereof such powers as may be confened by
resolution ofthe Board of Directors. The Board of Directors may remove any such custodian at any time.
5. Fiscal Year. The Board of Directors shall have the power to fix and, from time to time,
change the fiscal year of the District. In the absence of action by the Board of Directors, however, the
fiscal year of the District shall end each year on the date which the District treated as the close of its first
fiscal year, until such time, ifany, as the fiscal year shall be changed by the Board of Directors.
6. Certain Loans Prohibited. The District shall not make any loan to any officer or
director of the District. No loans shall be contracted on behalf of the District and no evidence of any
financial obligation shall be issued in its name unless authorized by resolutions of the Board of Directors
of the District.
7. Indemnification and Liability of Directors and Officers. Each person who is or was a
director or officer of the District (including the heirs, executors, administrators and estate of such person)
shall be indemnified by the District as of right to the full extent permitted or authorized by the laws of
Missouri, as now in effect and as hereafter amended, against any liability, judgment, fine, amount paid in
•
settlement, cost and expense (including attorneys' fees) asserted or threatened against or incurred by such
person in such person's capacity as or arising out of such person's status as a director or officer of the
District. The indemnification provided by this Bylaw provision shall not be exclusive of any other rights
to which those indemnified may be entitled under any other bylaw provision or under any agreement, vote
of disinterested directors or otherwise, and shall not limit in any way any right which the District may
have to make different or further indemnifications with respect to the same or different persons or classes
of persons.
No person shall be liable to the District for any loss, damage, liability or expense suffered by it on
account of any action taken or omitted to be taken by such person as a director or officer of the District if
such person (i) exercised the same degree of care and skill as a prudent person would have exercised
under the circumstances in the conduct of his or her own affairs, or (ii) took or omitted to take such action
in reliance upon advice of counsel for the District, or upon statements made or infonnation furnished by
directors, officers, employees or agents of the District which such person had no reasonable grounds to
disbelieve.
8. Absence of Personal Liability. The directors and officers of the District are not
individually or personally liable for the debts, liabilities or obligations of the District.
9. Budgets. The District will annually prepare a budget, and an annual report describing the
major activities of the District during the preceding year and upcoming year. The Budget and Report
shall be submitted to the City Finance Director for review and comment not less than thirty (30) days
prior to the intended date of approval of the Budget. The Budget shall not be approved without the prior
written consent of the City. Not later than the first day of each fiscal year, the Board of Directors shall
adopt a budget for the District for the ensuing budget year, for every fund of the District of any kind, in
•
such a manner as may be provided by law. If the Board of Directors fails to adopt a budget by the first
day of a fiscal year, the District shall be deemed to have adopted a budget for such fiscal year which
Bylaws of the Branson Hills Infrastructure and 7
Recreational Facility Community Improvement District
• provides for application of the District's sales tax revenues collected in such fiscal year in accordance
with the budget for the prior fiscal year.
ARTICLE VII
AMENDMENTS
The Board of Directors of the District shall have the power to make, alter, amend and repeal the
Bylaws of the District and to adopt new Bylaws, which power may be exercised by a vote or a majority of
the members of the full Board of Directors. The District shall keep at its principal office a copy of the
Bylaws, as amended, which shall be open to inspection by any member of the Board of Directors at all
reasonable times during office hours.
•
• Bylaws of the Branson Hills Infrastructure and
Recreational Facility Community Improvement District
8
• CERTIFICATE TO BYLAWS
The foregoing Bylaws were duly adopted as and for the Bylaws of the Branson Hills Infrastructure and
Recreational Facility Community Improvement District by the Board of Directors of said District at its
first meeting held on , 2006.
Secretary of the Board of Directors
•
• Bylaws of the Branson Hills Infrastructure and
Recreational Facility Community Improvement District
9
• EXHIBITB
LEGAL DESCRIPTION OF DISTRICT BOUNDARIES
•
•
• Description of Property South of Branson Hills Parkway for CID:
A tract ofland situated in the Southeast Qua11er (SEl/4); part of the North Half (Nl/2) of
the fractional Southwest Quarter (SWl/4), Section 18; Part of the Northeast Quarter
(NEl/4); part of the North Half (Nl/2) of the Southeast Quarter (SEl/4) of Section 19;
Part of the West Half (\Vl/2) of the Northwest Quarter (NWl/4) and the North Half
(Nll2) ofthe Southwest Quarter (SWl/4) of Section 20, all in Township 23 North, Range
21 West of the fifth principal meridian, City of Branson, County of Taney, State of
Missouri, being more particularly described as follows:
Commencing at an existing sand stone marking the quarter corner of Section 19 and 20 of
said Township 23 North, Range 21 West; Thence South 01 °15'45" West a distance of
1319.47 feet to and existing lime stone marking the Southwest comer ofthe NWl/4 of
the SW1/4 of Section 20 for the Point of Beginning; Thence North 88°26'23" West a
distance of 1326.72 feet to an existing !h" iron pin marking the southwest corner of the
NEl/4 of the SE1I4 of said Section 19; Thence North 01 °39'55" East, along the west line
of the NEl/4 of the SEl/4 of said Section 19, a distance of 708.45 feet to an existing 5/8"
iron pin set by L.S. 1918; Thence South 88°18'39" East a distance of 449.95 feet to an
existing 5/8" iron pin set by L.S. 1918; Thence North 38°50'30" East a distance of237.12
feet to an existing 5/8" iron pin set by L.S. 1918; Thence North 50°27'16" West a
distance of 669.48 feet to the point of curvature; Thence northwesterly along a segment
ofa curve to the left having an arc length of77.58 feet, (said segment having a chord
• bearing and distance ofNorth 55°26'57" West, 77.49 feet and a radius of 445.00 feet) to a
point on the east line of the Wl/2 of the of the NE1I4 of Section 19; Thence South
01 °21 '14" West, along non-tangent east line of the Wll2 of the NEl/4 of said Section 19,
a distance of28.36 feet to the Southeast corner of the Wl/2 of the NE1/4 of said Section
19; along the south line of the SWII4 of the NEl/4 of Section 19, a distance of 1005.22
feet to a point on the east line of O'Leary Addition, a subdivision recorded in Plat
Book/Slide "G", at Page 190 of the records of Taney County, Missouri; Along the east
and north boundary of said O'Leary Addition as follows: Thence North 01°35'48" East a
distance of71.81 feet to a point on a curve; Thence southwesterly along a segment ofa
non-tangent curve to the left: having an arc length of 203.81 feet, (said segment having a
chord bearing and distance of South 63°08'08" West, 202.03 feet and a radius of 445.00
feet); Thence South 50°00'54" West a distance of 183.29 feet to a point on the west line
of the NWl/4 of the SEl/4 of Section 19; Thence North 01 °50'29" East, leaving the north
boundary of O'Leary Addition and along the west line ofthe NWl/4 of the SEl/4, a
distance of 145.11 feet to an existing !h" iron pin set by LS 1458 marking the Southwest
comer of the SWl/4 of the NE1/4 of said Section 19; Thence North 01°16'28" East, along
the west line of the Wll2 ofthe NEl/4 of Section 19 a distance of256.17 feet; Thence
South 89°02'05" East a distance of317.33 feet to a point on a curve; Thence northeasterly
along a segment ofa curve to the right having an arc length of39.98 feet, (said segment
having a chord bearing and distance ofNorth 08°52'17" East, 39.97 feet and a radius of
540.02 feet); Thence North 10°59'33" East a distance of204.93 feet to an existing 5/8"
iron pin set by LS 1918; Thence North 83°22'44" West a distance of358.77 feet to a
• point on the west line of the Wll2 of the NE1/4 of said Section 19; Thence North
01° 16'28" East, along the west line of the W1/2 of the NE 1/4 a distance of 2115.54 feet
• to an existing sand stone marking the Southwest corner of the SWl/4 of the SEl/4 of said
Section 18; Thence North 01°36'02 11 East a distance of 1332.70 feet to an existing lime
stone marking the Northwest corner of the SWI/4 of the SEl/4 of Section 18; Thence
North 89°00'56" West, along the south line of the Nl/2 of the fraction SWl/4 of Section
18, a distance of699.91 feet to a point on the east right-of-way line ofM.S.H.D. Route
248, said point being on a curve; Thence northerly along the easterly right-of-way line of
M.S.H.D. Route 248 through a segment of a non-tangent curve to the left having an arc
length of 5.93 feet, (said having a chord bearing and distance of North 08°54'20" East,
5.93 feet segment and a radius of995.37 feet) to a point on the southerly right-of-way
line of Branson Hills Parkway; Along the southerly right-of-way line of Branson Hills
Parkway as follows: Thence North 47°10'14" East a distance of213.68 feet; Thence
North 89°33'59" East a distance of 408.36 feet; Thence easterly along'a curve to the left
having an arc length of222.89 feet, and a radius of 1250.00 feet, (said curve having a
chord bearing and distance ofNorth 84°27'30" East, 222.59 feet); Thence North
79°21'0 I" East a distance of 431.03 feet; Thence southeasterly along a curve to the right
having an arc length of955.75 feet, and a radius of 850.00 feet, (said curve having a
chord bearing and distance of South 68°26'16" East, 906.19 feet); Thence South
36°13'32" East a distance of700.03 feet; Thence easterly along a curve to the left having
an arc length of 148.62 feet, and a radius of750.00 feet, (said curve having a chord
bearing and distance of South 41°54'09" East, 148.38 feet) to the northwest corner of the
Branson City Park Property; Along the westerly boundary of the Branson City Park
Property as follows: Thence South 01 °3 8'50 11 West a distance of 886.48 feet; Thence
• South 88°38'56 11 East a distance of337.89 feet; Thence South OI038'50 11 West a distance
of 178.51 feet to an existing iron pin marking a corner on the boundary ofa parcel
described in Book 351, at Page 8050 of the records of Taney County, :Nlissouri; Leaving
the boundary of the Branson City Park Property and along the boundary of said Parcel
"w" as follows: Thence South 12°32'13" West a distance of285.68 feet; Thence South
54°37'46" East a distance of242.62 feet; Thence South 32°18'54" West a distance of
402.48 feet; Thence South 34°50'05 11 East a distance of 711.64 feet; Thence South
08°06'40 11 East a distance of 151.65 feet; Thence South 44°31'01" East a distance of
371.03 feet; Thence South 63°05'55 11 East a distance of 426.58 feet; Thence North
80°02'28" East a distance of 72.17 feet; Thence North 21°34'34" East a distance of
462.17 feet; Thence North 08°41'08 11 East a distance of 591.85 feet to a point on a non-
tangent curve; Thence westerly along a non-tangent segment of a curve to the left having
an arc length of251.88 feet, (said segment having a chord bearing and distance of North
85°56'11 11 West, 248.12 feet and a radius of 420.00 feet) to a point of reverse curve;
Thence northwesterly along a reverse segment of a curve to the right having an arc length
of257.32 feet, (said segment having a chord bearing and distance of North 87°45'33"
West, 254.25 feet; and a radius of 480.00 feet) to a point on the easterly boundary of said
Branson City Park Property, Along the easterly boundary of the City of Branson Park
Propelty as follows: Thence North 2&°52'43" East a distance of613.09 feet; Thence
North 66°37'25" East a distance of379.08 feet to a point on the westerly right-of-way
line of Branson Hills Parkway~ Leaving the easterly boundary of the Branson City Park
Property and along the westerly right-of-way line of Branson Hills Parkway as follows:
• Thence South 23°22'35" East a distance of266.65 feet; Thence southerly along a curve to
the right having an arc length of575.29 feet, and a radius of850.00 feet, (said curve
• having a chord bearing and distance of South 03°59'14" East, 564.37 feet)~ Thence South
15°24107" West a distance of823.90 feet~ Thence southeasterly along a curve to the left
having an arc length of 1440.22 feet, and a radius of 1550.00 feet, (said curve having a
chord bearing and distance of South 11°13'01 11 East, 1388.96 feet); Thence South
30°06'54 11 East a distance of7.04 feet to a point on a segment of non-tangent curve;
Thence westerly along a non-tangent curve to the left having an arc length of29.12 feet,
(said segment having chord bearing and distance of North 69°46'23 11 West 29.12 feet and
having a radius of905.00 feet) to a point on the east line of the NWl/4 of the SW1/4of
said Section 20; Thence South 00°26'39 11 East, along the east line of the NWI/4 of the
SWl/4, a distance of 409.59 feet to an existing 3/8" iron pin marking the Southeast
corner of said NW1I4 of the SWI14 of Section 20; Thence North 89°00'29" West, along
the south line of the NW1I4 of the SWI14 of Section 20, a distance of 1301.41 feet to the
said Point of Beginning, Containing 298.18 acres of land.
Except:
A tract ofland situated in the Southeast Quarter (SE1/4) of the Northeast Quarter
(NEl/4); the Northeast Quarter (NE1I4 of the Southeast Quarter (SE1I4) of Section 19;
the Southwest Quarter (SWI/4) of the Northwest Quarter (NWI/4) and the Northwest
Quarter (NW1I4) of the Southwest Quarter (SW1I4) of Section 20, aU in Township 23
North, Range 21 West of the fifth principal meridian, Taney County, Missouri, being
•
more particularly described as follows:
Commencing at an existing sand stone marking the quarter corner of Section 19 and 20 of
said Township 23 North, Range 21 West; Thence North 01 °19'52 11 East, along the west
line of the SWI14 of the NW1/4 of said Section 20 a distance of 143.61 feet to the Point
of Beginning; Thence South 81°06'34 11 East a distance of 142.15 feet; Thence South
5r50'16" East a distance of302.55 feet; Thence South 00°20'03" East a distance of
400.62 feet to a point on a curve; Thence westerly along a non-tangent segment of a
curve to the left having an arc length of374.16 feet, (said segment having a chord bearing
and distance of South 83°12'21 11 West, 369.79 feet and a radius of 705.00 feet) to a point
of reverse curvature; Thence westerly along a curve to the right having an arc length of
746.75 feet, and a radius of695.00 feet, (said curve having a chord bearing and distance
ofNorth 81°13'03" West, 711.34 feet); Thence North 50°26'11 11 West a distance of
645.97 feet; Thence North 36°20'35" East a distance of 181.16 feet; Thence South
63°08'41" East a distance of 98.01 feet; Thence North 87°17'28 11 East a distance of
776.95 feet; Thence South 81°06'34" East a distance of200.82 feet to the said Point of
Beginning, Containing 18.46 acres ofland, more or less, 804105.52 square feet ofland,
more or less.
i\lso, Except:
Pinnacle Lots 18-21 described as follows:
•
• A tract ofland situated in the Wl/2 of the SE1/4 of Section 18, Township 23 North,
Range 21 West of the fifth principal meridian, Taney County, Missouri, Being more
particularly described as follows:
Commencing at an existing sand stone marking the quarter corner of Sections 19 and 20,
Township 23, Range 21 West; Thence North 88°19'47" West, a distance of 1317.54 feet
to an existing 1/2" iron pin marking the Southeast corner of the SWl/4 of the NEl/4 of
Section 19; Thence North 88°35'18" West, a distance of 1319.32 feet to an existing 1/2"
iron pin set by RLS 1258, marking the Southwest corner of the SWII4 of the NEl/4 of
Section 19; Thence North 01 °16'28" West, along the West line of the WII2 of the NEl/4
of Section 19, a distance of2648.46 feet to an existing sand stone marking the Southwest
corner of the Wll2 of the SE1I4 of Section 18; Thence South 88°33'27" East, along the
South line of the Wl/2 of the SEl/4 of Section 18, a distance of 450.04 feet; Thence
North 01 °27'03" East, a distance of936.30 feet to the Point ofBeginning; Thence North
24°51'18" East a distance of 434.83 feet to a point on a non-tangent curve; Thence
Southeasterly along a non-tangent segment of a curve to the left having an arc length of
104.90 feet, (said segment having a chord bearing and distance of South 69°28'36" East,
104.73 feet and a radius of525.00 feet); Thence South 75°12'03" East a distance of
170.17 feet; Thence Easterly along a curve to the left having an arc length of 54.57 feet,
and a radius of 151.37 feet, (said curve having a chord bearing and distance of South
85°31'42" East, 54.27 feet)to a point of reverse curvature; Thence Southerly along a
•
curve to the right having an arc length of 141.09 feet, and a radius of97.74 feet, (said
curve having a chord bearing and distance of South 54°30'03" East, 129.16 feet) to a
point of reverse curvature; Thence Southerly along a curve to the left having an arc
length of211.39 feet, and a radius of 1262.95 feet, (said curve having a chord bearing
and distance of South 17°56'27" East, 211.14 feet) to a point of reverse curvature; Thence
Southerly along a curve to the right having an arc length of23.47 feet, and a radius of
15.00 feet, (said curve having a chord bearing and distance of South 22°05'32" West,
21.15 feet); Thence South 66°55'13" West a distance of 17.62 feet; Thence Southwesterly
along a curve to the left having an arc length of 139.62 feet, and a radius of 175.00 feet,
(said curve having a chord bearing and distance of South 44°03'53" West, 135.94 feet) to
a point of reverse curvature; Thence Southerly along a curve to the right having an arc
Iength of 221.42 feet, and a radius of 125.00 feet, (said curve having a chord bearing and
distance of South 71 °57'14" West, 193.58 feet); Thence North 57°18'04" West a distance
of81.06 feet; Thence Northwesterly along a curve to the left having an arc length of
139.26 feet, and a radius of225.00 feet, (said curve having a chord bearing and distance
of North 75°01'57" West, 137.05 feet) to a point of reverse curvature; Thence Westerly
along a curve to the right having an arc length of 126.20 feet, and a radius of 175.00 feet,
(said curve having a chord bearing and distance ofNorth 72°06'18" West, 123.48 feet) to
a point of reverse curvature; Thence Northwesterly along a curve to the left having an arc
length of 58.83 feet, and a radius of361.16 feet, (said curve having a chord bearing and
distance ofNorth 56°06'46" West, 58.77 feet) to the Point of Beginning; Containing 5.55
acres of land more or less, Together with and subject to all easements and restrictions of
record.
•
• Description of Property North of Branson Hills Parkway for CID:
A tract ofland situated in the West Half (W1/2) of the NEI/4; the West Half (W1I2) of
the Southeast Quarter (SE1/4); part of the Southwest QUaIter (SW1I4) and part of the
Northwest Quarter (NW1I4) of Section 17; Part ofthe Northeast Quarter (NE1I4); part of
the Southeast Quarter (SE1I4); and part of the North Half (N1I2) of the fractional
Southwest Quarter (SW1I4) of Section 18; The West Half (Wl/2) of the Northeast
Quarter (NE1I4), part of the North Half (Nl/2) of the Southeast Quarter (SE1I4), part of
the North Half (Nl/2) of the Southwest Quarter (SWI/4) and part of the Northwest
Quarter (NW1I4) of Section 20, All in Township 23 North, Range 21 West of the fifth
principal meridian, in the City ofBranson, Taney County, Missouri, Being more
particularly described as follows:
Commencing at an existing sand stone marking the Southwest corner of the Northwest
Quarter of said Section 20; Thence North 01 °19'52" East a distance of2648.27 feet to the
computed Northwest corner of said Section 20; Thence North 02°01 '11" East, along the
west line of the SWII4 of the SWI/4 of said Section 17, a distance of491.43 feet to a
point on the northerly right-of-way line of Branson Hills Parkway for the Point of
Beginning; Along the northerly right-of-way line of Branson Hills Parkway as follows:
Thence North 76°49'49" West a distance of 404.51 feet; Thence northwesterly along a
curve to the right having an arc length of 460.65 feet, and a radius of 650.00 feet, (said
curve having a chord bearing and distance ofNorth 56°31'41" West, 451.07 feet); Thence
• North 36°13 132" West a distance of 700.03 feet; Thence northwesterly along a curve to
the left having an arc length of 1068.19 feet, and a radius of950.00 feet, (said curve
having a chord bearing and distance of North 68°26'16" West, 1012.80 feet); Thence
South 79°21 '01" West a distance of 431.03 feet; Thence westerly along a curve to the
right having an arc length of205.05 feet, and a radius of 1150.00 feet, (said curve having
a chord bearing and distance of South 84°27'30" West, 204.78 feet); Thence South
89°33'59" West a distance of 402.61 feet; Thence North 44°51'41" West a distance of
213.89 feet to a point on the east right-of-way line ofM.S.H.D. Route 248, said point
being on a non-tangent curve; Leaving the northerly right-of-way line of Branson Hills
Parkway and along the easterly right-of-way line ofM.S.H.D. Route 248 as follows:
Thence northerly along a non-tangent segment of a curve to the right having an arc length
of315.11 feet, (said segment having a chord bearing and distance ofNorth 17°13'49"
East, 312.27 feet and a radius of676.78 feet); Thence North 30°34'08" East a distance of
83.73 feet; Thence South 88°50'32" East, leaving the east line ofM.S.H.D. Route 248, a
distance of 459.30 feet; Thence North 01 °09'28" East a distance of327.98 feet; Thence
North 70°51'51" West a distance of 246. 10 feet to a point on the east right-of-way line of
M.S.H.D. Route 248, said point being on a curve; Thence northeasterly along the easterly
right-of-way line ofM.S.H.D. Route 248 through a non-tangent curve to the left having
an arc length of 124.78 feet, (said segment having a chord bearing and distance of North
16°18'45" East, 124.32 feet and a radius of 423.06 feet) to a point on the north line of the
fractional SWI/4 of Section 18; Thence South 88°50'32" East, along the north line of the
fractional SW1I4 of Section 18, a distance of317.95 feet to the Southwest corner of the
• SWl/4 of the NEI/4 of said Section 18; Thence North 01 °32'00" East, along the west line
of the SWII4 of the NE1I4 of Section 18, a distance of522.89 feet to the Southwest
• corner of a Parcel described in Book 310, at Page 17 of the records of Taney County,
Missouri for a Point of Beginning; Thence South 88°28'001l East a distance of320.00 feet
to the Southeast comer of said Book 310, at Page 17 of the records of Taney County,
11issouri; Thence North 01°32'OOll East along parallel with the west line of the NE1/4 of
Section 18 and along the east line of Book 310, at Page 17, a distance of 1356.36 feet to a
point on the south right-of-way line of Buchanan Road; Thence northeasterly along a
segment of a non-tangent curve to the left, being the south right-of-way line of said
Buchanan Road, and having an arc length of61.31 feet, and a radius of308.18 feet, (said
segment having a chord bearing and distance ofNorth 80°08'11" East, 61.21 feet);
Thence South 01 °32'001l West a distance of204.83 feet; Thence South 88°28'00" East a
distance of 158.76 feet; Thence North 66°05'50" East a distance of 406.67 feet; Thence
South 88°57'30" East a distance of 872.53 feet; Thence South 45°51'06" East a distance
of 617.06 feet; Thence North 85°35'16 11 East a distance of 405.27 feet to a point on the
east line ofthe N1I2 of the NE1I4 of Section 18; Thence North 01°51'13" East, along the
west line of the NWl/4 of the NWl/4 of Section 17, a distance of 1133.42 feet to a point
on the south right-of-way line of Buchanan Road, said point being on a non-tangent
curve; Along the southerly right-of-way line of Buchanan Road as follows: Thence
southeasterly along a non-tangent segment of a curve to the right having an arc length of
268.70 feet, (said segment having a chord bearing and distance of South 79°03'03 11 East,
268.48 feet; and a radius of 1933.99 feet), Thence South 75°04'15" East a distance of
341.87 feet; Thence southeasterly along a non-tangent segment ofa curve to the right
•
having an arc length of306.70 feet, (said segment having a chord bearing and distance of
South 65°45'33" East, 305.35 feet and a radius of943.60 feet); Thence South 56°26'52"
East a distance of 166.58 feet; Thence southeasterly along a curve to the left having an
arc length of 106.62 feet, and a radius of 520.78 feet, (said curve having a chord beari.11g
and distance of South 62°18'46 11 East, 106.43 feet); Thence South 68°10'40" East a
distance of 130.02 feet; Thence easterly along a segment of a curve to the left having an
arc length of 72.22 feet, (said segment having a chord bearing and distance of South
74°09'49" East, 72.09 feet and a radius of345.65 feet) to a point on the east line of the
NWI/4 of the NW1I4 of said Section 17; Thence South 0l040'53 11 West, leaving the
southerly right-of-way line of Buchanan Road and along the east line of said NW1I4 of
the NWI/4, a distance of 85 1.54 feet to an existing wagon tire iron; Thence South
01°15'20" West, along the east line of the SWI/4 of the NW1I4 of said Section 17 a
distance of997.04 feet to the southwest corner of property owned by the Branson R IV
School District; Thence South 88°20'31" East a distance of 1316.14 feet to the Southeast
comer of the parcel owned by the Branson R N School district, said point being on the
east line of the SE1I4 of the NW1I4 of Section 17; Thence North 01°15'50" East, along
the east line of the SE1I4 if the NW1I4 of Section 17, a distance of 1000.45 feet to an
existing wagon tire iron marking the Southeast comer of the NEl/4 of he NWl/4 of
Section 17; Thence North 01 °25'18 11 East, along the east line of the NEl/4 of the NWl/4
of Section 17, a distance of 664.53 feet to a point of deflection in the Branson R IV
School district property; Thence North 66°10'50" West, along the northerly line of the
Branson R IV School District Property, a distance of 1021.27 feet, to a point on the
•
southerly right-of-way line of Buchanan Road, said point being on a curve; Along the
southerly right-of-way line of Buchanan Road as follows: Thence easterly along a non-
tangent segment of a curve to the left having an arc length of 138.98 feet, (said segment
• having a chord bearing and distance of North 64°30'22" East, 138.81 feet and a radius of
794.00 feet); Thence North 59°29129" East a distance of84.80 feet; Thence easterly along
a curve to the right having an arc length of 411.09 feet, and a radius of734.00 feet, (said
curve having a chord bearing and distance ofNorth 75°32'10" East, 405.74 feet); Thence
South 88°25'08" East a distance of910.18 feet; Thence southeasterly along a curve to the
right having an arc length of386.20 feet, and a radius of970.00 feet, (said curve having a
chord bearing and distance of South 77°00147" East, 383.65 feet); Thence South
65°36'26" East a distance of925.04 feet; Thence southeasterly along a curve to the right
having an arc length of 158.83 feet, and a radius of376.01 feet, (said curve having a
chord bearing and distance of South 53°24'28" East, 157.65 feet); Thence South
41 °06'26" East a distance of79.03 feet; Thence easterly along a curve to the left having
an arc length of 126.30 feet, and a radius of230.00 feet, (said curve having a chord
bearing and distance of South 56°50'20" East, 124.72 feet); Thence South 72°3T2S'\ East
a distance of 78.31 feet to a point on the west right-of-way line of SW Outer Road said
point being on a curve; Thence southerly along a non-tangent segment of a curve to the
left having an arc length of 80.00 feet, (said segment having a chord bearing and distance
of South 13°09'32" West, 79.98 feet and a radius of 1190.92 feet); Thence South
09°56'39" West, continuing along the westerly right-of-way line of SW Outer Road, a
distance of 53.63 feet; Thence North 78°56'50" West, leaving the westerly right-of-way
line of the SW Outer Road, a distance of 822.71 feet to a point on the east line of the
Wl/2 of the NEl/4 of Section 17; Thence South 01°25'02" West, along the east line of
•
the Wl/2 of the NEl/4 of Section 17, a distance of 1936.93 feet to an existing 5/8" iron
pin marking the Southeast corner ofthe Wl/2 ofthe NEl/4 of said Section 17; Thence
South 01 °35'33" West a distance of 1318.63 feet to an existing wagon tire iron marking
the Southeast corner of the NW114 of the SE 1/4 of Section 17; Thence South 01 °11 '33 "
West a distance of 1326.10 feet to the Northwest corner of the NEl/4 of the NE1I4 of
Section 20; Thence South 01°05'37" West a distance of 1323.18 feetto an existing lime
stone marking the Southeast corner ofNW1/4 of the NEl/4 of Section 20; Thence South
01 °17'58" West a distance of 1333.47 feet to an existing stone marking the Southeast
corner of the SWII4 of the NE1I4 of Section 20; Thence South 88°18 111" East, along the
south line of the SE1/4 of the NE1I4 of Section 20, a distance of 654.93 feet to an
existing 5/8" iron pin set by L.S. 1918; Thence South 01 °22'11" West a distance of
102.88 feet to an existing 5/8" iron pin set by L.S. 1918; Thence South 16°56'46" East a
distance of237.32 feet; Thence South 25°19'50" East a distance of33S.06 feet to an
existing 5/8" iron pin set by L.S. 1918; Thence South 18°12'55" East a distance of256.63
feet; Thence North 88°38'10" West a distance of412.95 feet; Thence South 01°21'04"
West a distance of222.30 feet to a point on the Northwest corner of Lot 14 Branson
Hills, a subdivision plat recorded in Plat Book/Slide "D", at Pages 414-432 ofthe records
of Taney County, l\1issouri; Thence North 88°38'56" West, along the north boundary of
lots 13-1 and 13-2 of said Branson Hills, a distance of848.83 feet to the Northwest
comer of said Lot 13-2; Thence North 43°49'08" West a distance of352.51 feet to a
corner of Lot 13-3 Branson Hills; Thence South 89°17'15" West a distance of 1105.72
feet to the Northwest corner of said Lot 13-3 Branson Hills, marked by an existing 5/8"
•
iron pin set by L.S. 1918; Thence North 88°42'35" West a distance of79.91 feet to an
existing 5/8" iron pin set by L.S. 1918; Thence North 66°56'06" West a distance of
641.65 feet; Thence South 36°55'13" \Vest a distance of33.29 feet to an existing 5/8"
• iron pin set by L.S. 1918; Thence South 74°51'37" West a distance of265.97 feet to a
point on the easterly right-of-way line of Branson Hills Parkway, said point being on a
curve; Along the easterly right-of-way line of Branson Hills Parkway as follows: Thence
northerly along a non-tangent segment of a curve to the right having an arc length of
1272.43 feet, (said segment having a chord bearing and distance of North 09°44'16 11
West, 1232.00 feet and a radius of 1450.00 feet); Thence North 15°24'07 11 East a distance
of823.90 feet; Thence northerly along a curve to the left having an arc length of642.97
feet, and a radius of950.00 feet, (said curve having a chord bearing and distance of North
03°59'14" West, 630.77 feet); Thence North 23°22'35" West a distance of871.96 feet;
Thence westerly along a curve to the left having an arc length of 699.71 feet, and a radius
of750.00 feet, (said curve having a chord bearing and distance of North 50°06112 11 West,
674.61 feet); Thence North 76°49'49" West a distance of361.07 feet to the said Point of
Beginning, Containing 837.62 acres of land, more or less, Subject to· all easement and
restrictions of record.
•
•
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• ORDINANCE NO. 2009-10-08-2
ORDINANCE REGULATING THE HOURS FOR CERTAIN
CONSTRUCTION RELATED ACTIVITIES
Section 1. General Provisions
1.1 Purpose and Findings. The County Commission of Taney County,
Missouri finds that in order to protect the citizens of Taney County
and its visitors from the nuisance of construction noise at
unreasonable hours and to prevent endangering the health, safety and
welfare of the community at large it is in the best interests of the
•
citizens of Taney County, Missouri that an ordinance be enacted
regulating outdoor construction activities.
1.2 Severability. If any section, subsection, sentence, clause, phrase
or portion ofthe Ordinance is for any reason held to be invalid or
unconstitutional by the final decision of any court of competent
jurisdiction, such decision shall not affect the validity ofthe
remaining portions of this Ordinance. The County Commission
declares that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, or portion thereof, despite the
fact that anyone or more section, subsection, clause, phrase, or
portion would be declared invalid or unconstitutional.
1.3 Enactment Clause and Short Title. The County Commission of
Taney County, Missouri, pursuant to the authority vested by law,
hereby adopts and enacts this County Ordinance to be known by the
short title of the Construction Hours Ordinance of Taney County,
Missouri.
•
• Section 2.
2.1
Hours of operation for certain construction related
activities.
The exterior constructio~ demolition, alteration or repair of buildings
involving the operation of machinery or equipment or the repair or
maintenance of such machinery or equipment, which causes loud or
disturbing noise such that a reasonable person of normal sensitivities
would be adversely affected, except between the hours of 7:00 a.m.
and 7:00 p.m. on Monday through Saturday is hereby prohibited
within 1,000 feet of any inhabited residential structure. Any such
activity set forth in this paragraph is prohibited all day on Sundays.
Section 3. Variances.
3.1 Temporary variances for emergencies. Exceptions to this
prohibition may be granted in case of urgent necessity in the interest
of public health and safety, and then only with a permit from the
Taney County Commission, which permit may be granted for a period
not to exceed three days while the emergency continues and which
• 3.2
permit may be renewed for periods of three days or less while the
emergency continues.
Variance for entire project. When proposed construction is in a
rural setting where there is less residential density, or when similar
conditions exist which would make the strict application of the
provisions ofthis ordinance devoid of substantial benefit to the
community, application may be made to the Taney County
Commission for a variance to conduct exterior construction between
the hours of7:00 p.m. and 7:00 a.m.
3.3 Hearing requirement. Upon application for a variance pursuant to
Section 3.2, a hearing shall be scheduled before the Taney County
Commission.
3.4 Notice. Notice ofthe hearing required in Section 3.3 must be sent by
certified mail, return receipt requested to every residence within 1,000
feet of the proposed construction site giving notice ofthe date, time
and place of the hearing.
•
• 3.5 Special conditions. Any such variance may be granted by the Taney
County Commission in its discretion, and the Commission may
include any special conditions with the variance so long as the
conditions are not arbitrary and capricious given the totality of the
circumstances involved.
3.6 Revocation of variance. If at any time it appears to the Taney
County Commission that the variance granted under Section 3.2
should be revoked, the Taney County Commission shall cause to be
posted a revocation of variance notice at the construction site, and all
construction between the hours of 7:00 p.m. and 7:00 a.m. shall
immediately cease.
3.7 Appeal. The person or entity granted a variance under Section 3.2 or
their successor in interest, may appeal to the Taney County
Commission any revocation of a variance under this ordinance. If the
revocation is appealed a hearing may be held before the Taney County
Commission if a request for hearing is filed. The filing of an appeal
will not grant any right or privilege in favor of the appealing entity to
• continue construction activities during the prohibited hours.
Section 4.
4.1
Governmental Entity Exemption
The provisions ofthis ordinance do not apply to county or municipal
governmental entities such as public works or road and bridge. Also
exempt from the provisions ofthis ordinance are special district
political subdivisions including but not limited to the sewer district
and the various water districts.
Section 5. Peace Disturbance Prohibited
5.1 This Ordinance is designed to protect the citizens of Taney County
from the adverse effects of exterior construction related noise between
the hours of 7:00 p.m. and 7:00 a.m., and is not intended to abrogate
or in any way diminish the effectiveness of any state statute. Section
574.010 of the Revised Statutes of Missouri sets forth the offense of
disturbing the peace, and violations of that statute remain violations of
law, despite any provision of this ordinance.
•
• Section 6.
6.1
Effective Date
This ordinance designated the Construction Hours Ordinance of
Taney County, Missouri and dated the 8th day of October, 2009, shall
be effective from and after its approval.
~
SO PASSED, APPROVED AND ORDAINED THIS L DAY OF
OCTOBER, 2009.
Chuck Pennel
Presiding Commissioner
• Attest:~M-~
Donna Neeley
Taney County Clerk
•
FLOODPLAIN MANAGEMENT ORDINANCE (AMENDED)
•
60.3(d)
ARTICLE 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND PURPOSES
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Missouri has in Missouri Revised Statute - 49.600 delegated the
responsibility to local governmental units to adopt floodplain management regulations designed to protect
the health, safety, and general welfare. Therefore, the County Commission of Taney County, Missouri
ordains as follows:
SECTION B. FINDINGS OF FACT
1. Flood Losses Resultingfrom Periodic Inundation
~
The special flood hazard areas of Taney County, Missouri are subject to inundation which results in
loss of life and property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and impairment of the
tax base; all of which adversely affect the public health, safety and general welfare.
2. General Causes ofthe Flood Losses
These flood losses are caused by (I) the cumulative effect of development in any delineated
• 3.
floodplain causing increases in flood heights and velocities; and (2) the occupancy of flood hazard
areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise
unprotected from flood damages.
Methods Used To Analyze Flood Hazards
The Flood Insurance Study (FIS) that is the basis of this ordinance uses a standard engineering
method of analyzing flood hazards, which consist of a series of interrelated steps.
a. Selection of a base flood that is based upon engineering calculations, which permit a
consideration of such, flood factors as its expected frequency of occurrence, the area
inundated, and the depth of inundation. The base flood selected for this ordinance is
representative of large floods, which are characteristic of what can be expected to occur on
the particular streams subject to this ordinance. It is in the general order of a flood which
could be expected to have a one percent chance of occurrence in anyone year as delineated
on the Federal Insurance Administrator's FIS, and illustrative materials dated for Taney
County, Missouri dated September 29, 2006 as amended, and any future revisions thereto.
b. Calculation of water surface profiles is based on a standard hydraulic engineering analysis
of the capacity of the stream channel and over bank areas to convey the regulatory flood.
•
• c. Computation of a floodway required to convey this flood without increasing flood heights
more than one (1) foot at any point.
d. Delineation of floodway encroachment lines within which no development is pennitted that
would cause any increase in flood height.
e. Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but still
subject to inundation by the base flood.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety, and general welfare; to minimize
those losses described in Article 1, Section B (1); to establish or maintain the community's eligibility for
participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations
(CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this
ordinance to:
1. restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or
cause undo increases in flood heights or velocities;
• 2.
3.
require uses vulnerable to floods, including public facilities that serve such uses, be provided with
flood protection at the time of initial construction; and
protect individuals from buying lands that are unsuited for the intended development purposes due
to the flood hazard. .
ARTICLE 2 GENERAL PROVISIONS
SECTION A. LANDS TO WHICH ORDINANCE APPLIES
This ordinance shall apply to all lands within the jurisdiction of the Taney County identified as numbered
and unnumbered A zones, AE, AG, and AH Zones, on the Flood Insurance Rate Map (FIRM) Taney
County Index Panel 29213CINOA dated September 29, 2006 as amended, and any future revisions thereto.
In all areas covered by this ordinance, no development shall be permitted except through the issuance of a
floodplain development permit, granted by the County Commission or its duly designated representative
under such safeguards and restrictions as the County Commission or the designated representative may
reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of
the community, and as specifically noted in Article 4.
SECTION B. FLOODPLAIN ADMINISTRATOR
• The Planning and Zoning Administrator is hereby designated as the Floodplain Administrator under this
ordinance.
2
~--~-------_._---------------
SECTION C. COMPLIANCE
• No development located within the special flood hazard areas of this community shall be located, extended,
converted, or structurally altered without full compliance with the terms of this ordinance and other
applicable regulations.
SECTION D. ABROGATION AND GREATER RESTRICTIONS
It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this
ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the
extent of the inconsistency only.
SECTION E. INTERPRETATION
In their interpretation and application, the provisions of this ordinance shall be held to be minimum
requirements, shall be liberally construed in favor of the governing body, and shall not be deemed a
limitation or repeal of any other powers granted by State statutes.
SECTION F. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes
. and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or
• the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings
restricted by debris. This ordinance does not imply that areas outside the floodway and flood fringe or land
uses permitted within such areas will be free from flooding or flood damage. This ordinance shall not
create a liability on the part of Taney County, any officer, or ell).ployee thereof, for any flood damages that
. .
may result from reliance on this ordinance or any administrative decision lawfully made thereunder.
SECTION G. SEVERABILITY
If a court of appropriate jurisdiction adjudges any section, clause, provision, or portion of this ordinance
unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby.
ARTICLE 3 ADMINISTRATION
SECTION A. FLOODPLAIN DEVELOPMENT PERMIT (REQUIRED)
A floodplain development permit shall be required for all proposed construction or other development,
including the placement of manufactured homes, in the areas described in Article 2, Section A. No person,
firm, corporation, or unit of government shall initiate any development or substantial-improvement or
cause the same to be done without first obtaining a separate floodplain development permit for each
structure or other development.
•
3
• SECTION B. DESIGNATION OF FLOODPLAIN ADMINISTRATOR
The Planning and Zoning Administrator is hereby appointed to administer and implement
the provisions of this ordinance.
SECTION C. DUTIES AND RESPONSIBILITIES OF FLOODPLAIN
ADMINISTRATOR
Duties of the Planning and Zoning Administrator shall include, but not be limited to:
1. review of all applications for floodplain development permits to assure that sites
are reasonably safe from flooding and that the floodplain development permit
requirements of this ordinance have been satisfied;
. 2. review of all applications for floodplain development permits for proposed
development to assure that all necessary permits have been obtained from Federal,
State, or local governmental agencies from which prior approval is required by
Federal, State, or local law;
3. review all subdivision proposals and other proposed new development, including
•
manufactured home parks or subdivisions, to determine whether such proposals
will be reasonably safe from flooding;
4. issue floodplain development permits for all approved applications;
5. notify adjacent communities and the State Emergency Management Agency prior
to any alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Emergency Management Agency (FEMA);
6. assure that the flood carrying capacity is not diminished and shall be maintained
within the altered or relocated portion of any watercourse.
7. verify and maintain a record of the actual elevation (in relation to mean sea level)
of the lowest floor, including basement, of all new or substantially improved
structures;
8. verify and maintain a record of the actual elevation (in relation to mean sea level)
that the new or substantially improved non-residential structures have been
floodproofed;
9. when floodproofing techniques are utilized for a particular non-
residential structure, the Planning and Zoning Administrator shall require
certification from a registered professional engineer or architect.
• SECTION D. APPLICATION FOR FLOODPLAIN DEVELOPMENT PERMIT
4
• To obtain a floodplain development pennit, the applicant shall first file an application in
writing on a fonn furnished for that purpose. Every floodplain development pennit
application shall:
1. describe the land on which the proposed work is to be done by lot, block and tract,
house and street address, or similar description that will readily identify and
specifically locate the proposed structure or work;
2. identify and describe the work to be covered by the floodplain development
pennit;
3. indicate the use or occupancy for which the proposed work is intended;
4. indicate the assessed value of the structure and the fair market value of the
improvement;
5. specify whether development is located in designated flood fringe or floodway;
6. identify the existing base flood elevation and the elevation of the proposed
development;
• 7.
8.
give such other information as reasonably may be required by the Planning and
Zoning Administrator;
be accompanied by plans and specifications for proposed construction; and
9. be signed by the pennittee or his authorized agent who may be required to submit
evidence to indicate such authority.
ARTICLE 4 PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
1. No pennit for floodplain development shall be granted for new construction,
substantial-improvements, and other improvements, including the placement of
manufactured homes, within any numbered or unnumbered A zones, AE, AO, and
AH zones, unless the conditions of this section are satisfied.
2. All areas identified as unnumbered A zones on the FIRM are subject to
inundation of the 1DO-year flood; however, the base flood elevation is not
provided. Development within unnumbered A zones is subject to all provisions
of this ordinance. If Flood Insurance Study data is not available, the community
shall obtain, review, and reasonably utilize any base flood elevation or floodway
•
data currently available from Federal, State, or other sources.
5
• 3. Until a floodway is designated, no new construction, substantial improvements, or
other development, including fill, shall be permitted within any numbered A zone
or AE zone on the FIRM, unless it is demonstrated that the cumulative effect of
the proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more
than one foot at any point within the community.
4. All new construction, subdivision proposals, substantial-improvements,
prefabricated structures, placement of manufactured homes, and other
developments shall require:
a. design or adequate anchorage to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy;
b. construction with materials resistant to flood damage;
c. utilization of methods and practices that minimize flood damages;
d. all electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities be designed and/or located so as to prevent
water from entering or accumulating within the components during
conditions of flooding;
• e. new or replacement water supply systems and/or sanitary sewage systems
be designed to minimize or eliminate infiltration of flood waters into the
systems and discharges from the systems into flood waters, and on-site
waste disposal ~ystems be located so as to avoid impairment or
contamination; and .
f. subdivision proposals and other proposed new development, including
manufactured home parks or subdivisions, located within special flood
hazard areas are required to assure that:
(1) all such proposals are consistent with the need to minimize flood
damage;
(2) all public utilities and facilities, such as sewer, gas, electrical, and
water systems are located and constructed to minimize or eliminate
flood damage;
(3) adequate drainage is provided so as to reduce exposure to flood
hazards; and
(4) all proposals for development, including proposals for
manufactured home parks and subdivisions, of five (5) acres or
fifty (50) lots, whichever is lesser, include within such proposals
base flood elevation data.
• 5. Agricultural Structures
6
• Structures used solely for agricultural purposes in connection with the production,
harvesting, storage, drying, or raising of agricultural commodities, including the
raising of livestock, may be constructed at-grade and wet-floodproofed provided
there is no human habitation or occupancy of the structure; the structure is of
single-wall design; there is no permanent retail, wholesale, or manufacturing use
included in the structure; a variance has been granted from the floodplain
management requirements of this ordinance; and a floodplain development permit
has been issued
6. Storage, material, and equipment
a. The storage or processing of materials within the special flood hazard area
that are in time of flooding buoyant, flammable, explosive, or could be
injurious to human, animal, or plant life is prohibited.
b. Storage of other material or equipment may be allowed if not subject to
major damage by floods, if firmly anchored to prevent flotation, or if
readily removable from the area within the time available after a flood
wammg.
7. Accessory Structures
Structures used solely for parking .and limited storage purposes, not attached to
any other structure on the site, of limited investment value, and not larger than
•
400 square feet, may be constructed at-grade and wet-floodproofed provided there
is rio human habitation or occupancy of the structure; the structure is of single-
wall design; a variance has been granted from the standard floodplain
management requirements of this ordinance; and a floodplain development pennit
has been issued.
SECTION B. SPECIFIC STANDARDS
1. In all areas identified as numbered and unnumbered A zones, AE, and AH Zones,
where base flood elevation data have been provided, as set forth in Article 4,
Section A (2), the following provisions are required:
a. Residential Construction
New construction or substantial-improvement of any residential structures,
including manufactured homes, shall have the lowest floor, including
basement, elevated to one (1) foot above base flood elevation.
[*In all unnumbered and numbered A zones and AE zones, the FEMA, Region Vll
office recommends elevating to one foot above the base flood elevation to
accommodate floodway conditions when the floodplain is fitlly developed.}
b. Non-Residential Construction
New construction or substantial-improvement of any commercial,
industrial, or other non-residential structures, including manufactured
• homes, shall have the lowest floor, including basement, elevated to one (I)
foot above the base flood elevation or, together with attendant utility and
sanitary facilities, be floodproofed so that below the base flood elevation
7
• the structure is watertight with walls substantially impenneable to the
passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A
registered professional engineer or architect shall certify that the standards
of this subsection are satisfied. Such certification shall be provided to the
Floodplain Administrator as set forth in Article 3, Section C (9).
[*The FEMA, Region VII office recommends elevating to one foot above the base
flood elevation to qualifYfor flood insurance rates based upon floodproofing.j
c. Require, for all new construction and substantial-improvements that fully
enclosed areas below lowest floor used solely for parking of vehicles, building
access, or storage in an area other than a basement and that are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional engineer,
architect, meet, or exceed the following minimum criteria:
(1) A minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to
flooding shall be provided; and
• (2) the bottom of all opening shall be no higher than one foot above
grade. Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided that they pennit the automatic
entry and exit of floodwaters.
SECTION c.. MANUFACTURED HOMES
1. All manufactured homes to be placed within all unnumbered and numbered A
zones, AE, and AH zones, on the community's FIRM shall be required to be
installed using methods and practices that minimize flood damage. For the
purposes of this requirement, manufactured homes must be elevated and anchored
to resist flotation, collapse, or lateral movement. Methods of anchoring may
include, but are not limited to, use of over-the-top or frame ties to ground anchors.
2. Require manufactured homes that are placed or substantially improved within
unnumbered or numbered A zones, AE, and AH zones, on the community's FIRM
on sites:
a. outside of manufactured home park or subdivision;
b. in a new manufactured home park or subdivision;
• c. in an expansion to and existing manufactured home park or subdivision; or
8
• d. in an existing manufactured home park or subdivision on which a
manufactured home has incurred substantial-damage as the result of a
flood, be elevated on a permanent foundation such that the lowest floor of
the manufactured home is elevated to one (1) foot above the base flood
elevation and be securely attached to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
3. Require that manufactured homes to be placed or substantially improved on sites
in an existing manufactured home park or subdivision within all unnumbered and
numbered A zones, AE and AH zones, on the community's FIRM, that are not
subject to the provisions of Article 4, Section e(2) of this ordinance, be elevated
so that either:
a. the lowest floor of the manufactured home is at one (1) foot above the
base flood level; or
b. the manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than
thirty-six (36) inches in height above grade and be securely attached to an
adequately anchored foundation system to resist flotation, collapse, and
lateral movement.
[*In all unnumbered and numbered A zones and AE zones, the FEMA, Region VII
office recommends elevating to one foot above the base .flood elevation to
•
accommodatefloodway conditions when the floodplain is fully developed.]
SECTION D. AREAS OF SHALLOW FLOODING (AO and AH zones)
Located within the areas of special flood hazard as described in Article 2, Section A are
areas designated as AO zones. These areas have special flood hazards associated with
base flood depths of one (1) to three (3) feet where a clearly defined channel does not
exist and where the path of flooding is unpredictable and indeterminate. The following
provisions apply:
1. AD Zones
a. All new construction and substantial-improvements of residential
structures, including manufactured homes, shall have the lowest floor,
including basement, elevated above the highest adjacent grade at least as
high as the depth number specified in feet on the community's FIRM (at
least two feet if no depth number is specified).
b. All new construction and substantial-improvements of any commercial,
industrial, or other non-residential structures, including manufactured
homes, shall have the lowest floor, including basement, elevated above the
highest adjacent grade at least as high as the depth number specified in
feet on the community FIRM (at least two feet if no depth number is
specified) or together with attendant utilities and sanitary facilities be
•
completely floodproofed to that so that the structure is watertight with
walls substantially impermeable to the passage of water and with
9
• structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
c. Adequate drainage paths shall be required around structures on
slopes, in order to guide floodwaters around and away from proposed
structures.
2. AHZones
a. The specific standards for all areas of special flood hazard where base
flood elevation has been provided shall be required as set forth in Article
4, Section B.
b. Adequate drainage paths shall be required around structures on slopes, In
order to guide floodwaters around and away from proposed structures.
SECTIONE. FLOODWAY
Located within areas of special flood hazard "established in Article 2, Section A are areas
• designated as floodways. Since the floodway is an extremely hazardous area due to the
velocity of flood waters that carry debris and potential projectiles, the following
provisions shall apply:
1. The community shall select and adopt a regulatory floodway based on the
principle that the area chosen for the regulatory floodway must be designed to
carry the waters of the base flood without increasing the water surface elevation
of that flood more than one foot at any point.
2. The community shall prohibit any encroachments, including fill, new
construction, substantial- improvements, and other development within the
adopted regulatory floodway unless it has been demonstrated through hydrologic
and hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase in flood
levels within the community during the occurrence of the base tlood discharge.
3. If Article 4, Section E(2) is satisfied, all new construction and substantial-
improvements shall comply with all applicable flood hazard reduction provisions
of Article 4.
4. In unnumbered A zones, the community shall obtain, review, and reasonably
utilize any base flood elevation or floodway data currently available from Federal,
• State, or other sources as set forth in Article 4, Section A(2).
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• SECTION F. RECREATIONAL VEHICLES
1. Require that recreational vehicles placed on sites within all unnumbered and
numbered A zones, AO, AE, and AH zones on the community's FIRM either:
a. be on the site for fewer than 180 consecutive days, or
b. be fully licensed and ready for highway use*; or
c. meet the permitting, elevation, and the anchoring requirements
for manufactured homes of this ordinance.
*A recreational vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick-disconnect type utilities and
security devices, and has no permanently attached additions.
ARTICLE 5 FLOODPLAIN MANAGEMENT VARIANCE PROCEDURES
SECTION A. ESTABLISHMENT OF APPEAL BOARD
The Taney County Board of Adjustment as established by Taney County shall hear
and decide appeals and requests for variances from the floodplain management
• requirements of this ordinance.
SECTION B. RESPONSIBILITY OF APPEAL BOARD
. Where an application for a floodplain development permit or request for a variance
from the floodplain management regulations is denied by the Planning and Zoning
Administrator, the applicant may apply for such floodplain development permit or
variance directly to the Appeal Board, as defined in Article 5, Section A.
The Taney County Board of Adjustment shall hear and decide appeals when it is alleged
that there is an error in any requirement, decision, or determination made by the Planning
and Zoning Administrator in the enforcement or administration of this ordinance.
SECTION C. FURTHER APPEALS
Any person aggrieved by the decision of the Taney County Board of Adjustment or any
taxpayer may appeal such decision to the Taney County Circuit Court as provided in
Missouri Revised Statute - 49.615.
SECTION D. FLOODPLAIN MANAGEMENT VARIANCE CRITERIA
• 11
• In passing upon such applications for variances, the Taney County Board of Adjustment
shall consider all technical data and evaluations, all relevant factors, standards specified
in other sections of this ordinance, and the following criteria:
1. the danger to life and property due to flood damage;
2. the danger that materials may be swept onto other lands to the injury of others;
3. the susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
4. the importance of the services provided by the proposed facility to the
community;
5. the necessity to the facility of a waterfront location, where applicable;
6. the availability of alternative locations, not subject to flood damage, for the
proposed use;
7. the compatibility of the proposed use with existing and anticipated development;
•
8. the relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
9. the safety of access to the property in times of flood for ordinary and emergency
vehicles;
10. the expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters, if applicable, expected at the site; and,
11. the costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical, and water systems; streets; and bridges.
SECTION E. CONDITIONS FOR APPROVING FLOODPLAIN
MANAGEMENT VARIANCES
1. Generally, variances may be issued for new construction and substantial-
improvements to be erected on a lot of one-half acre or less in size contiguous to
and surrounded by lots with existing structures constructed below the base flood
level, providing items 2 through 6 below have been fully considered. As the lot
size increases beyond the one-half acre, the technical justification required for
•
issuing the variance increases.
2. Variances may be issued for the reconstruction, rehabilitation, or restoration of
structures listed on the National Register of Historic Places, the State Inventory of
12
• 3.
Historic Places, or local inventory of historic places upon determination provided
the proposed activity will not preclude the structure's continued historic
designation.
Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
5. Variances shall only be issued upon (a) a showing of good and sufficient cause,
(b) a determination that failure to grant the variance would result in exceptional
hardship to the applicant, and (c) a determination that the granting of a variance
will not result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization of
the public, or conflict with existing local laws or ordinances.
6. A community shall notify the applicant in writing over the signature of a
community official that (1) the issuance of a variance to construct a structure
below base flood level will result in increased premium rates for flood insurance
up to amounts as high as $25.00 for $100.00 of insurance coverage and (2) such
construction below the base flood level increases risks to life and property. Such
notification shall be maintained with the record of all variance actions as required
by this ordinance.
• SECTION F. CONDITIONS
AGRICULTURAL STRUCTURES
FOR APPROVING VARIANCES FOR
Any variance granted for an agricultural structure shall be decided individually based on
a case by case analysis of the building's unique circumstances. Variances granted shall
meet the following conditions as well as those criteria and conditions set forth in Article
5, Sections D and E of this ordinance.
In order to minimize flood damages during the 100-year flood and the threat to public
health and safety, the following conditions shall be included for any variance issued for
agricultural structures that are constructed at-grade and wet-floodproofed.
1. All agricultural structures considered for a variance from the floodplain
management regulations of this ordinance shall demonstrate that the varied stru-
cture is located in wide, expansive floodplain areas and no other alternate location
outside of the special flood hazard area exists for the agricultural structure.
Residential structures, such as farm houses, cannot be considered agricultural
structures.
2. Use of the varied structures must be limited to agricultural purposes in zone A
only as identified on the community's Flood Insurance Rate Map (FIRM).
3. For any new or substantially damaged agricultural structures, the exterior and
interior building components and elements (i.e., foundation, wall framing, exterior
•
and interior finishes, flooring, etc.) below the base flood elevation, must be built
with flood-resistant materials in accordance with Article 4, Section A (4)(b) of
this ordinance.
13
• 4. The agricultural structures must be adequately anchored to prevent flotation,
collapse, or lateral movement of the structures in accordance with Article 4,
Section A (4)(a) of this ordinance. All of the building's structural components
must be capable of resisting specific flood-related forces including hydrostatic,
buoyancy, and hydrodynamic and debris impact forces.
5. Any mechanical, electrical, or other utility equipment must be located above the
base flood elevation or floodproofed so that they are contained within a
watertight, floodproofed enclosure that is capable of resisting damage during
flood conditions in accordance with Article 4, Section A (4)(d) of this ordinance.
6. The agricultural structures must meet all National Flood Insurance Program
(NFIP) opening requirements. The NFIP requires that enclosure or foundation
walls, subject to the lOa-year flood, contain openings that will permit the
automatic entry and exit of floodwaters in accordance with Article 4, Section B
(1 )(c) of this ordinance.
7. The agricultural structures must comply with the floodplain management
floodway encroachment provisions of Article 4, Section E(2) of this ordinance.
No variances may be issued for agricultural structures within any designated
floodway, if any increase in flood levels would result during the lOa-year flood.
8. Major equipment, machinery, or other contents must be protected from any flood
•
damage.
9. No disaster relief assistance under any program administered by any Federal
agency shall be paid for any repair or restoration costs of the agricultural
structures.
10. A community shall notify the applicant in writing over the signature of a
community official that (1) the issuance of a variance to construct a structure
below base flood level will result in increased premium rates for flood insurance
up to amounts as high as $25.00 for $100.00 of insurance coverage and (2) such
construction below the base flood level increases risks to life and property. Such
notification shall be maintained with the record of all variance actions as required
by this ordinance.
11. Wet-floodproofing construction techniques must be reviewed and approved by the
community and a registered professional engineer or architect prior to the
issuance of any floodplain development permit for construction.
SECTION G. CONDITIONS FOR APPROVING VARIANCES FOR
ACCESSORY STRUCTURES
Any variance granted for an accessory structure shall be decided individually based on a
case by case analysis of the building's unique circumstances. Variances granted shall
meet the following conditions as well as those criteria and conditions set forth in Article
5, Sections D and E of this ordinance.
14
• In order to minimize flood damages during the IOO-year flood and the threat to public
health and safety, the following conditions shall be included for any variance issued for
accessory structures that are constructed at-grade and wet-floodproofed.
1. Use of the accessory structures must be solely for parking and limited storage
purposes in zone A only as identified on the community's Flood Insurance Rate
Map (FIRM).
2. For any new or substantially damaged accessory structures, the exterior and
interior building components and elements (i.e., foundation, wall framing, exterior
and interior finishes, flooring, etc.) below the base flood elevation, must be built
with flood-resistant materials in accordance with Article 4, Section A (4)(b) of
this ordinance.
3. The accessory structures must be adequately anchored to prevent flotation,
collapse, or lateral movement of the structure in accordance with Article 4,
Section A (4)(a) of this ordinance. All of the building's structural components
must be capable of resisting specific flood-related forces including hydrostatic,
buoyancy, and hydrodynamic and debris impact forces.
4. Any mechanical, electrical, or other utility equipment must be located above the
base flood elevation or floodproofed so that they are contained within a
watertight, floodproofed enclosure that is capable of resisting damage during
flood conditions in accordance with Article 4, Section A (4)(d) of this ordinance.
• 5. The accessory structures must meet all National Flood Insurance Program (NFIP)
opening requirements. The NFIP requires that enclosure or foundation walls,
subject to the 1DO-year flood, contain openings that will permit the automatic
entry and exit of floodwaters in accordance with Article 4, Section B (1 )(c) of this
ordinance. .
6. The accessory structures must comply with the floodplain management floodway
encroachment provisions of Article 4, Section E (2) of this ordinance. No
variances may be issued for accessory structures within any designated floodway,
if any increase in flood levels would result during the 1DO-year flood.
7. Equipment, machinery, or other contents must be protected from any flood
damage.
8. No disaster relief assistance under any program administered by any Federal
agency shall be paid for any repair or restoration costs of the accessory structures.
9. A community shall notify the applicant in writing over the signature of a
community official that (1) the issuance of a variance to construct a structure
below base flood level will result in increased premium rates for flood insurance
up to amounts as high as $25.00 for $100.00 of insurance coverage and (2) such
construction below the base flood level increases risks to life and property. Such
notification shall be maintained with the record of all variance actions as required
by this ordinance.
• 15
• 10. Wet-floodproofing construction techniques must be reviewed and approved by the
community and registered professional engineer or architect prior to the issuance
of any floodplain development permit for construction.
ARTICLE 6 PENALTIES FOR VIOLATION
Violation of the provisions of this ordinance or failure to comply with any of its
requirements (including violations of conditions and safeguards established in connection
with granting of variances) shall constitute a misdemeanor. Any person who violates this
ordinance or fails to comply with any of its requirements shall, upon conviction thereof,
be fined not more than $ 1,000.00, and in addition, shall pay all costs and expenses
involved in the case. Each day such violation continues shall be considered a separate
offense. Nothing herein contained shall prevent the Taney County Commission or other
appropriate authority from taking such other lawful action as is necessary to prevent or
remedy any violation.
ARTICLE 7 AMENDMENTS
The regulations, restrictions, and boundaries set forth in this ordinance may from time to
time be amended, supplemented, changed, or appealed to reflect any and all changes in
the National Flood Disaster Protection Act of 1973, provided, however, that no such
action may be taken until after a public hearing in relation thereto, at which parties of
interest and citizens shall have an opportunity to be heard. Notice of the time and place
of such hearing shall be published in a newspaper- of general circulation in the Taney
• County. At least 20 days shall elapse between the date of this publication and the public
hearing. A copy of such amendments will be provided to the Region VII office of the
Federal Emergency Management Agency (FEMA). The regulations of this ordinance are
in compliance with the National Flood Insurance Program (NFIP) regulations.
ARTICLE 8 DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted so as to give them the same meaning they have in common usage and to give
this ordinance its most reasonable application.
"100-year Flood" see "base flood. "
"Accessory Structure" means the same as "appurtenant structure. "
" Actuarial Rates" see "risk premium rates. "
"Administrator" means the Federal Insurance Administrator.
"Agency" means the Federal Emergency Management Agency (FEMA).
16
• "Agricultural Commodities" means agricultural products and livestock.
"Agricultural Structure" means any structure used exclusively in connection with the
production, harvesting, storage, drying, or raising of agricultural commodities.
"Appeal" means a request for review of the Floodplain Administrator's interpretation of
any provision of this ordinance or a request for a variance.
"Appurtenant Structure" means a structure that is on the same parcel of property as the
principle structure to be insured and the use of which is incidental to the use of the
principal structure.
"Area of Shallow Flooding" means a designated AO or AH zone on a community's
Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of
flooding to an average depth of one (1) to three (3) feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable and where velocity flow may
be evident. Such flooding is characterized by ponding or sheet flow.
"Area of Special Flood Hazard" is the land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year.
• "Base Flood" means the flood having a one percent chance of being equaled or exceeded
. .
m any gIVen year.
"Basement" means any area of the structure having its floor subgrade (below ground
level) on all sides.
"Building" see "structure. "
"Chief Executive Officer" or "Chief Elected Official" means the official of the
community who is charged with the authority to implement and administer laws,
ordinances, and regulations for that community.
"Community" means any State or area or political subdivision thereof, which has
authority to adopt and enforce floodplain management regulations for the areas within its
jurisdiction.
HDevelopment H means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, levees, levee systems, mining,
dredging, filling, grading, paving, excavation or drilling operations, or storage of
equipment or materials.
"Elevated Building H means for insurance purposes, a non-basement building which has
• its lowest elevated floor raised above ground level by foundation walls, shear walls,
posts, piers, pilings, or columns.
17
• "Eligible Community" or "Participating Community" means a community for which
the Administrator has authorized the sale of flood insurance under the National Flood
Insurance Program (NFIP).
"Existing Construction" means for the purposes of determining rates, structures for
which the "start of construction" commenced before the effective date of the FIRM or
before January 1, 1975, for FIRMs effective before that date. "existing construction"
may also be referred to as "existing structures. "
"Existing Manufactured Home Park or Subdivision" means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) is completed before the effective date of the floodplain management regulations
adopted by a community.
"Expansion to an Existing Manufactured Home Park or Subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
•
"Flood" or "Flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from (1) the overflow of inland and/or (2) the
unusual and rapid accumulation or runoff of surface waters from any source.
"Flood Boundary and Floodway Map (FBFM)" means. an official map of a
community on which the Administrator has delineated both special flood hazard areas
and the designated regulatory floodway. .
"Flood Elevation Determination" means a determination by the Administrator of the
water surface elevations of the base flood, that is, the flood level that has a one percent or
greater chance of occurrence in any given year.
"Flood Elevation Study" means an examination, evaluation and determination of flood
hazards.
"Flood Fringe" means the area outside the floodway encroachment lines, but still
subject to inundation by the regulatory flood.
"Flood Hazard Boundary Map (FHBM)" means an official map of a community,
issued by the Administrator, where the boundaries of the flood areas having special flood
hazards have been designated as (unnumbered or numbered) A zones.
• 18
• "Flood Insurance Rate Map (FIRM)" means an official map of a community, on
which the Administrator has delineated both the special flood hazard areas and the risk
premium zones applicable to the community.
"Flood Insurance Study (FIS)" means an examination, evaluation and determination of
flood hazards and, if appropriate, corresponding water surface elevations.
"Floodplain" or "Flood-prone Area" means any land area susceptible to being
inundated by water from any source (see ''flooding'').
"Floodplain Management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works, and floodplain management regulations.
"Floodplain Management Regulations" means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as
floodplain and grading ordinances) and other applications of police power. The term
describes such state or local regulations, in any combination thereof, that provide
standards for the purpose of flood damage prevention and reduction.
"Floodproofing" means any combination of structural and nonstructural additions,
changes, or adjustments to .structures that reduce or eliminate flood damage to real estate
• or improved real property, water and sanitary facilities, or structures and their contents.
"Floodway" or "Regulatory Floodway" means the channel of a river or other
watercourse and the adjacent land .areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation more than one
foot.
"Floodway Encroachment Lines" means the lines marking the limits of floodways on
Federal, State and local floodplain maps.
"Freeboard" means a factor of safety usually expressed in feet above a flood level for
purposes of floodplain management. "Freeboard" tends to compensate for the many
unknown factors that could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions, such as bridge openings and the
hydrological effect of urbanization of the watershed.
"Functionally Dependent Use" means a use that cannot perform its intended purpose
unless it is located or carried out in close proximity to water. This term includes only
docking facilities and facilities that are necessary for the loading and unloading of cargo
or passengers, but does not include long-tenn storage or related manufacturing facilities.
"Highest Adjacent Grade" means the highest natural elevation of the ground surface
• prior to construction next to the proposed walls of a structure.
19
• "Historic Structure" means any structure that is (a) listed individually in the National
Register of Historic Places (a listing maintained by the Department of Interior) or
preliminarily determined by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register; (b) certified or preliminarily detennined by
the Secretary of the Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary to qualify as a
registered historic district; (c) individually listed on a state inventory of historic places in
states with historic preservation programs which have been approved by the Secretary of
the Interior; or (d) individually listed on a local inventory of historic places in
communities with historic preservation programs that have been certified either (1) by an
approved state program as determined by the Secretary of the Interior or (2) directly by
the Secretary of the Interior in states without approved programs.
"Lowest Floor" means the lowest floor of the lowest enclosed area, including basement.
An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building
access, or storage, in an area other than a basement area, is not considered a building's
lowest floor, provided that such enclosure is not built so as to render the structure in
violation of the applicable floodproofing design requirements of this ordinance.
"Manufactured Home" means a structure, transportable in one or more sections, that is
built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home" does
• not include a "recreational vehicle. "
"Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of
land divided into two or mQre manufactured home lots for rent or sale.
"Map" means the Flooc;l Hazard Boundary Map (FHBM), Flood Insurance Rate Map
(FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community issued by
the Federal Emergency Management Agency (FEMA).
"Market Value" or "Fair Market Value" means an estimate of what is fair, economic,
just and equitable value under normal local market conditions.
"Mean Sea Level" means, for purposes of the National Flood Insurance Program
(NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which
base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are
referenced.
"New Construction" means, for the purposes of determining insurance rates, structures
for which the "start of construction" commenced on or after the effective date of
an initial FIRM or after December 31, 1974, whichever is later, and includes any
subsequent improvements to such structures. For floodplain management purposes, "new
construction" means structures for which the "start of construction" commenced on or
• after the effective date of the floodplain management regulations adopted by a
community and includes any subsequent improvements to such structures.
20
• "New Manufactured Home Park or Subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lot on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) is completed on or after the effective date of floodplain management regulations
adopted by the community.
"(NFIP)" means the National Flood Insurance Program (NFIP).
"Participating Community" also known as an "eligible community," means a
community in which the Administrator has authorized the sale of flood insurance.
"Person" includes any individual or group of individuals, corporation, partnership,
association, or any other entity, including Federal, State, and local governments and
agencIes.
"Principally Above Ground" means that at least 51 percent of the actual cash value of
the structure, less land value, is above ground.
"Recreational Vehicle" means a vehicle which is (a) built on a single chassis; (b) 400
square feet or less when measured at the largest horizontal projections; (c) designed to be
• self-propelled or permanently towable by a light- duty truck; and (d) designed primarily
not for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
"Remedy A Violation" means to bring the structure or other development into
compliance with.Federal, State, or local floodplain management regulations; or, if this is
not possible, to reduce the impacts of its noncompliance.
"Risk Premium Rates" means those rates established by the Administrator pursuant to
individual community studies and investigations which are undertaken to provide flood
insurance in accordance with Section 1307 of the National Flood Disaster Protection Act
of 1973 and the accepted actuarial principles. "Risk premium rates" include provisions
for operating costs and allowances.
"Special Flood Hazard Area" see "area ofspecial flood hazard. "
"Special Hazard Area" means an area having special flood hazards and shown on an
FHBM, FIRM or FBFM as zones (unnumbered or numbered) A, AO, AE, or AH.
"Start of Construction" includes substantial-improvements, and means the date the
• building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition placement, or other improvements were within
21
• 180 days of the permit date. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring of slabs or footings,
the installation of piles, the construction of columns, any work beyond the stage of
excavation, or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling, the
installation of streets and/or walkways, excavation for a basement, footings, piers,
foundations, the erection of temporary forms, nor installation on the property of
accessory structures, such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial-improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of the building.
"State Coordinating Agency" means that agency of the state government, or other
office designated by the governor of the state or by state statute at the request of the
Administrator to assist in the implementation of the National Flood Insurance Program
(NFIP) in that state.
"Structure" means, for floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above ground, as well as a
manufactured home. "Structure" for insurance purposes, means a walled and roofed
building, other than a gas or liquid storage tank, that is principally above ground and
affixed to a permanent site, as well as a manufactured home on a permanent foundation.
• For the latter purpose, the term includes a building while in the course of construction,
alteration or repair, but does not include building materials or supplies intended for use in
such construction, alteration or repair, unless such materials or supplies are within an
enclosed bllilding on the premises.
"SubstaJltial-Damage" means damage of any origin sustained by a structure whereby
the cost of restoring the structure to pre-damaged condition would equal or exceed 50
percent of the market value ofthe structure before the damage occurred.
"Substantial-Improvement" means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure before "start of construction" of the improvement. This term
includes structures which have incurred "substantial-damage," regardless of the actual
repair work performed. The term does not, however, include either (1) any project for
improvement of a structure to correct existing violations of state or local health, sanitary,
or safety code specifications that have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions, or (2) any
alteration of a "historic structure," provided that the alteration will not preclude the
structure's continued designation as a "historic structure. "
• 22
• "Variance" means a !,Jfant of relief by the community from the tenns of a floodplain
management regulation. Flood insurance requirements remain in place for any varied use
or structure and cannot be varied by the community.
"Violation" means the failure of a structure or other development to be fully compliant
with the community's floodplain management regulations. A structure or other
development without the elevation certificate, other certifications, or other evidence of
compliance required by this ordinance is presumed to be in violation until such time as
that documentation is provided.
"Water Surface Elevation" means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various
magnitudes and frequencies in the floodplain.
•
• 23
• ARTICLE 9 CERTIFICATE OF ADOPTION
This Floodplain Management Ordinance for the County of Taney, of the State of
Missouri is:
ADOPTED AND APPROVED by the Taney County Commission, the Governing Body
of Taney County, Missouri.
This 13'+1-- day of September, 2006.
Place seal here.
•
Chuck Pennel, Presiding Commissioner
County Commission of Taney County, Missouri
ATTEST:
• 24
ORDINANCE NO. 06-0710
1 q 2006 ,"" 4 ~ ~006
F,' VED, '?fi}(} ~J \t ~n
~ t.t4'-"'1N' THE COU~'ttt;O'NlMTSsrONOF TANEY COUNTY, MISSOURI
r--.......;'\.('
AN ORD.INANCE REGULATING USE OF RIGHTS-OF-WAY AND
EASEMENTS THAT ARE POSSESSED BY TANEY COUNTY IN
RELATION TO THE COUNTY MAINTAINED ROAD SYSTEM
WHEREAS, the County of Taney, State of Missouri, has an extensive county road
system, maintained and supervised by Taney County; and,
WHEREAS, in connection with said roads and road system, Taney County also
possesses easements, rights-of-way in fee simple, and other property interests adjacent to
the roads in the Taney County maintained road system; and
WHEREAS, the safety of the traveling public and the safety of the citizens and
pedestrians of Taney County, Missouri are well served by promulgating reasonable
• regulations concerning the use of said properties; and,
WHEREAS, the Taney County Commission is a Missouri county of the first
classification; and
WHEREAS, Section 49.266 of the Revised Statutes of Missouri sets forth that the
county commission in first class counties may by order or ordinance, promulgate
reasonable regulations concerning the use of county property; and,
WHEREAS, Section 49.266 of the Revised Statutes of Missouri also proVides for the
Taney COlU1ty Commission to promulgate by order or ordinance reasonable regulations
controlling pedestrian and vehicular traffic, and to control parking on county property;
and,
WHEREAS, Section 49.270 of the Revised Statutes of Missouri sets forth that the
county commission shall have control and management of the property, real and personal,
belonging to the county; and,
WHEREAS, Taney County, Missouri enters into contracts with vendors to operate
certain businesses on county property from time to time, when said activity is not adverse
to the interests ofthe public or Taney County taxpayers; and,
•
• WHEREAS, at least one entity has the right to the ex.clusion of all others by tenus of an
acquired easement to operate a business, and to be a vendor on One particular county
right-of-way so long as said use does not interfere with safety and USe of the road; and
WHEREAS, Taney County, Missouri may control the activities On county property by
vendors or tenants by contract, and said contracts are designed to also regulate the use of
county property to insure the safety of the public;
NOW THEREFORE BE IT ORDAINED BY THE COUNTY COMMISSION OF
THE COUNTY OF TANEY, MISSOURI, AS FOLLOWS:
SECTION I. County Ordinances are hereby added to by the adoption of this ordinance
regulating the use of certain Taney County easements, rights-of-way, and other property
interests held in relation to the county road system, and for the purpose of operating and
maintaining safely and efficiently said county road system as follows:
A. Trespassing.
Easements, rights-of-way and other property interests held by Taney
County in connection with the operation and maintenance of its county
road system are held for road purposes and are not open to use by the
public for vending or selling products, produce or any other itelTIs. Most
•
of the property held by Taney County, Missouri for use in connection with
the county road system is not suitable for use by the public for any
purpose other than pedestrian or vehicular travel. No person shall use the
Taney County rights-of-way, easements or any other property held in
connection with the operation or maintenance of the county road system
for any purpose other than pedestrian or vehicular travel unless said
individual has valid written permission from the Taney County
Commission. Taney County road personnel, law enforcement personnel,
or other personnel authorized by the Taney County Commission may
request any person using the county roads, or rights-of-way or easements
held in relation thereto for pwposes other than travel, to leave said
property. Any person who fails to comply with this request to leave
county property or fails to abide by regulations on file with the county
clerk shall be a trespasser.
B. Tenants and vendors.
Only those persons or entities that have prior written approval.from the
Taney County Commission, or the Taney Cou:nty Road and Bndg~ .
Department, or that have a written contract. WIth Tan~yCounty, Mlssoun
may engage in activities other than pedestnan or vehicular ~rave1,. on the
property, rights-of-way and easements of Taney County, Mlssoun.
SECTION 2. County Park System.
•
This ordinance relates to the county roads, rights-of-way, easements a~d
other property interests held in relation to the county road system and Its
• operation and maintenance, and this ordinance does not effect use of
county property held for recreational park PUrposes.
SECTION 2. Effective date_
This ordinance shall be in full force and effect from and after its passage_
SECTION 3. Other remedies.
This ordinance does not preclude or prevent Taney County,
Missouri from taking all other actions available to it against trespassers or
others who violate rules or regulations concerning county property_
PASSED AND SO ORDAINED AT THE COURTHOUSE IN FORSYTH,
MISSOURI ON THIS ~ DAY OF JULY, 2006.
YOTE: AYE --~c1~ _ NAY _ _~~__
~~--~-
• PRESIDING COMMISSIONER
B~~
DANNY s1M AN
EASTERN COMMISSIONER
~ ........
•
-----------------_._ .. _-----------~
OFFICE OF
RONALD D. HOUSEMAN
COUNTY CLERK
DEPUTY CLERKS:
DIANA NEL')ON
TRESSA LU'ITRFLL
DIXIE WAGNER
NOTICE OF ORDINANCE ADOPTION
The Taney County Commission during their regularly scheduled
meeting November 16, 1992, approved and adopted Ordinance Number 92-5.
Ordinance 92-5 provides for the designation of all roads and
streets and for the numbering of all structures outside the City Limits
of all municipalities in Taney County, Missouri.
• A copy of Ordinance 92-5 is included for your perusal •
Sincerely,
~~2 ' AJ.du<J~m,--o
\~ldld
Ronald D. Houseman,
Taney County Clerk
•
• ORDINANCE N0 92-5
A TANEY COUNTY ORDINANCE TO IMPLEMENT THE COUNTY WIDE 911 PHONE SERVICE
BY PROVIDING FOR THE DESIGNATION OF ALL ROADS AND STREETS AND FOR THE NUMBERING
OF ALL STRUCTURES OUTSIDE THE CITY LIMITS OF ALL MUNICIPALITIES IN TANEY
COUNTY, MISSOURI.
WHEREAS, the people of Taney County, Missouri have approved a system of 911
emergency phone service; and
WHEREAS, it is necessary that all roads and streets be named for such purpose
and that all structures occupied as a dwelling or place of business be
designated by a numbering system in order that such places may be
quickly located for such emergency services:
THEREFORE BE IT RESOLVED By the Taney County Commission, Missouri as follows:
ARTICLE I
• 1. The title of this ordinance shall be referred to as Ordinance No.
92-5, the 911 phone service ordinance.
ARTICLE II
1. In order to implement and carry out the 911 emergency phone service
all inhabitable structures for human habitation and all buildings in which
private and public business is conducted shall be designated by a numerical
system of numbers and alphabetical letters or a combination thereof.
2. All such numbers shall be placed on all new and existing structures
as designated in Article II, Section 1, beside or near the front entrance
thereof on the street or road side of the building. The numbers shall be no
less than 4" in height and shall be increased by 1" in height for every 50 feet
the structure sets back from the street or road. The numbers shall contrast
with the background color and shall be visible from the street or road, day or
night.
Page 1 of 2,
• 3. If the structure is not visible from the street or road, the numbers
shall be placed at the driveway entrance and street or road, either on the
mailbox or on a separate post or support. If a separate post is used, the
numbers shall be placed no less than 7' or more than 7' from ground level to
provide optimum visibility.
4. Primary and secondary numbers.
a. All structures shall be designated by a primary number.
If the structure is divided into, separate units such as apartments
in one structure, the overall structure shall be given a primary
numerical designation and each unit thereof shall have an
alphabetical letter added to the primary number in sequence.
ARTICLE III
1. This ordinance shall only apply to structures, streets and roads
• within Taney County, Missouri outside the boundaries of any
municipalities thereof.
ARTICLE IV
1. The designation and naming of all streets and roads shall be
initiated by the 911 Administrator and approved thereafter by this
commission before becoming effective.
ARTICLE V
1. This ordinance shall be effective on the date of signing.
III I
Dated this )1/ day of _-LM~~uiA~'£~'OjJ.I,.L:!f>su£
..'-L..;B==--_ _, 1992.
:.
ATTEST:
/J
B~-:'J~d~~ . '4af,r~J
~d D. oum~ounty~rk
#to
Taney County, Missouri
By: 'Prf'-,r/,'~;'~I
Harold Hall, Commiss'oner
Page 2 of 2
• ORDINANCE PROHIBITING THE ACCUMULATION OF
WASTE MATERIAL AND PROHIBITING OTHER NUISANCES
IN THE COUNTY OF TANEY, MISSOURI
This ordinance is adopted pursuant to Section 49.650 RSMo, Section 67.400 et seq.
RSMo, Section 260 RSMo, and Section 192.300 RSMo and establishes minimum
regulations governing the conditions of all property, buildings and structures, and
prohibits and regulates various nuisances, including the control of rubbish and garbage in
order to enhance the public health, safety and welfare.
WHEREAS, in order to promote the public safety, health and general welfare of the
citizens of Taney County, Missouri, it is necessary to adopt a Nuisance Ordinance
regulating the following nuisances:
INOPERABLE MOTOR VEHICLES, PARTS OF VEHICLES, GARBAGE,
RUBBISH, SCRAP AND/OR USED BUILDING MATERIALS, SOLID
WASTES, TIRES, APPLIANCES, FURNITURE, UNCLEAN DRAIN AND
SEPTIC SYSTEMS, ABANDONEDNACANT STRUCTURES; AND;
•
WHEREAS, the Taney County Commission desires to establish a restriction against
the foregoing nuisances and provide for penalties for allowing said nuisances to persist;
and;
WHEREAS, the Taney County Commission has full power and authority to initiate
the prosecution of actions pursuant to Section 49.650 RSMo, Section 67.400 RSMo,
Section 260 RSMo and Section 192.300 RSMo; therefore;
BE IT ORDAINED BY the Taney County Commission, Taney County, Missouri as
follows:
SECTION 1. Nuisances Forbidden.
No person, including corporations, partnerships, associations and/or other entities
shall cause, maintain or permit on premises owned or controlled by such person or entity,
a nuisance as defined by the laws of the State of Missouri or by this Ordinance.
SECTION 2. Definitions.
A. "Inoperable motor vehicle" means any vehicle that has been inoperable for more
than ninety (90) days or in a state of major disassembly, disrepair, or in the process
of being stripped or dismantled. To be considered operable a motor vehicle must
•
be able to move on its own power, be listed as personal property by the owner with
the Taney County Assessor and must be properly titled.
Pagel 2/17/04
• Exception: One vehicle; agricultural equipment; or vehicles on the premises of a duly
licensed automobile/truck repair or sales business; or in a duly licensed salvage yard or
not visible from a public road or more than four hundred (400) feet from a public road-
way and property line. At no time shall vehicles be stacked. Any more than one (1)
vehicle must be fenced from sight or covered with a vehicle cover.
B. "Used building materials" means any scrap or used: lumber, insulation, drywall,
wiring, metal, shingles or other materials used in the construction of residences
or commercial buildings deposited in such quantity or in such condition as to be
offensive to the sight or smell or to be a menace to health or safety.
C. "Accumulation" means to gather or pile up.
D. "Nuisance" means a use of property or course of conduct that interferes with the
legal rights of others by causing damage, annoyance, or inconvenience.
E. "Putresible" means liable to be putrefied. Chemical decomposition of animal or
vegetable tissue, caused by bacteria.
F. "Abate" means to eliminate, or to reduce the magnitude to such a degree that the
stated condition no longer violates any provision contained in this ordinance.
• G. "Garbage" means any putrescible animal or vegetable waste.
H. "Rubbish" means non-putrescible solid wastes, consisting of both combustible and
non-combustible wastes, such as paper, cardboard, tin cans, wood, glass, crockery,
furniture, appliances and similar materials.
I. "Solid waste" means unwanted or discarded waste materials in a solid or semi-
solid state resulting from industrial, commercial, governmental and domestic
activities.
J. "Menace" means something that threatens, or causes annoyance.
K. "Tire," means a ring of rubber that was designed to be placed over the rim of a
wheel to provide traction or resistance to wear.
L. "Abandoned/vacant structures" means any abandoned structure not being
maintained in a safe, secure condition so as not to cause a blighting problem
or adversely affect the public health and safety.
M. "Unclean drain or septic systems means any unclean, stinking, foul, defective, or
filthy drain, including septic tanks or systems, outfalls, and laterals, or an improper
•
sewer lagoon or other improper on-site sewage disposal system, and any drains
therefrom.
Page 2 2/17/04
• N. "On-site sewage disposal system", means any system handling or any treatment
facility receiving domestic sewage which discharges into a subsurface soil
absorption system and discharges less than three thousand (3,000) gallons per
day.
O. Abandoned - this means to give up control, to cease from maintaining or using.
SECTION 3. Rubbish and garbage.
A. Accumulation of rubbish or garbage. All exterior property and premises shall be
free from any accumulation of rubbish or garbage.
Exception: Properties of two (2) acres or more where accumulation is not visible from a
public road or adjacent property and does not create a public health hazard.
B. Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a
clean and sanitary manner by placing such rubbish in covered containers.
C. Rubbish storage containers. The owner/occupant of every occupied premise
whether single family or multi-family shall supply covered containers for rubbish
and the owner/occupant ofthe premises shall be responsible for the removal of
rubbish.
• D. Disposal of garbage. Every occupant of a structure shall dispose of garbage in a
clean and sanitary manner by placing such garbage in a covered garbage disposal
facility or covered garbage containers.
E. Garbage facilities. The owner/occupant of every dwelling whether single family
or multi-family storing garbage outside, shall supply a covered outside garbage
container for all accumulated rubbish or garbage.
F. Containers. The operator of every commercial establishment producing garbage
or rubbish shall provide and at all times cause to be utilized, containers provided
with close-fitting covers for the safe and sanitary containment of such materials
until removed from the premises for disposal.
G. Compost. A person does not commit a violation of this Ordinance if vegetable
waste is accumulated in a non-commercial home composting operation maintained
in such manner as to control noxious odors, discourage the growth of harmful
bacteria and limit access by animals and vermin.
• Page 3 2/17/04
• SECTION 4.
It is a violation ofthis ordinance to allow on one's property any condition described in
Section 2 (M) of this ordinance, and it is also a violation of this ordinance when any
sewage, human excreta, or other human organic waste is discharged or exposed on an
owner's land or any other land from an on-site disposal system in a manner that makes it
a potential instrument or medium for the breeding of flies and mosquitoes, the production
of odors, or the transmission of disease to or between a person or persons, or which
contaminates surface waters or ground water.
SECTIONS.
Any motor vehicle inoperable for more than ninety (90) days, an accumulation of
solid waste, used building materials or ten (10) tires on any property as defined in Section
2 is a violation of this ordinance.
SECTION 6.
Any structure or building which is abandoned and not being maintained in a safe and
secure condition that creates a blighting problem or adversely effects the public health,
safety or welfare shall be deemed a nuisance and a violation of this ordinance.
• SECTION 7. Criminal Remedy.
Any person violating or failing to comply with any provision of this ordinance or with
any lawful order of the Taney County Commission or its representatives made pursuant
to the provisions of this ordinance shall be subject to the criminal penalties set forth in the
applicable state statute upon conviction. Any person convicted of maintaining a nuisance
shall within five (5) days thereafter remove such nuisance and failure to do so shall be a
second offense and every like neglect for each succeeding five (5) day period thereafter
shall be an additional offense.
SECTION 8. Civil Remedy.
In addition to the remedies set forth in Section 4, if any person shall fail to comply
with a lawful notice to abate under such section, the County Commission may bring a
civil action to enjoin the alleged violation. In the event that the County Commission is
successful in obtaining an injunction under this section it shall be entitled to be
reimbursed for the costs incurred in obtaining the injunction, as well as a reasonable
attorney's fee. Cost for cleanup and any other cost required to bring a property into
compliance with this ordinance shall be assessed against the landowner and/or violator.
The County may incur the expense, and upon completion of cleanup and/or other
required compliance action, the County may file a lien against said property to recoup
costs so expended.
• Page 4 2/17/04
• SECTION 9. Transportation.
Any motor or transportation vehicle used for the purpose of transporting solid waste or
hazardous waste, whether a licensed vehicle utilized by a solid waste transportation
business or a private individual or entity, shall provide a closed container cover, covers or
be sufficiently secured to prevent any of the materials being transported from spilling
upon the private or public lands within the unincorporated areas of Taney County.
SECTION 10. Applicability.
No accumulation of any ofthe nuisances listed in this ordinance, which exists upon
the effective date of this ordinance, and no person who keeps or permits such an
accumulation upon the effective date ofthis ordinance shall be exempt from the
provisions of this ordinance.
SECTION 11. Notice to Abate.
A. Whenever the Taney County Commission or its representative has reason to
believe that a person is keeping or permitting an accumulation of any nuisance
listed in this ordinance they shall give written notice to such person to abate the
accumulation.
• B. Such written notice shall include:
1. The location of the nuisance.
2. A description and a photograph of the nuisance.
3. A statement of suggested action necessary to abate the nuisance.
C. If the nuisance has not been abated within forty-five (45) days, a second
letter with the same information as the first and including "D" below will
be sent.
D. Response required as of receipt of written notice.
1. A comprehensive plan for the abatement of the nuisance must be
submitted in writing to the Taney County Commission within four-
teen (14) days of receipt ofthe written notice.
2. The nuisance must be abated within ninety (90) days of the receipt
of the written plan, unless otherwise approved by the Taney County
Commission.
3. Receipts from the appropriate disposal facility must be submitted
to the Taney County Commission.
• 4. Any person or persons having received a notice to abate may at any
PageS 2/17/04
• time schedule an appointment with the full Commission to discuss
the notice or receive assistance with development of their abatement
plan.
SECTION 12.
It is not the intent of this Ordinance to conflict with any rules or regulations authorized
or made by the State Department of Health pursuant to Chapter 192.300 of the Revised
Statutes of Missouri, nor is it the intent ofthis Ordinance to conflict with any such rules
or regulations made by the State Department of Social Services pursuant to Chapter 198
of the Revised Statutes of Missouri. Further, it is not the intent that this ordinance should
directly contradict any provision in the Missouri Constitution or of any Missouri Statute.
It is also not the intent that this ordinance should directly contradict any applicable state
rule or regulation. Should any provision in this Ordinance conflict with Section 192.300
RSMo or directly contradict any of the other above-mentioned provisions, or should this
ordinance in any way be unenforceable, vague or overbroad, said Ordinance should be
read as if it did not include the specific provision that would make this ordinance
unenforceable.
Section 13.
• This current or any future Taney County Commission may not amend this ordinance
without first conducting a public hearing on the amendment.
Section 14.
This Ordinance will sunset December 31, 2006, and shall be of no further effect unless
readopted at that time.
This Ordinance is accepted and enacted by the undersigned Taney County
Commission and shall become enforceable immediately upon its enactment, this
~ day of ftb. 2004.
Taney County Commission
Chuck Pennel ~~
on Herschend
•
Presiding Commissioner Western District Commissioner
Page 6 2/17/04
• ~-Eastern District Commissioner
Attest:
•
• Page 7 2/17/04
,
,t ",
• BEFORE THE COUNTY COMMISSION OF TANEY COUNTY, MISSOURl
ORDINANCE AUTHORIZING CONDEMNATION OF PARKING
LOT FOR PUBLIC PURPOSE AND USE
ORDINANCE NO. 05-1114
WHEREAS, Taney County, Missouri needs to expand its currently existing courthouse
including providing additional and better jail and law enforcement facilities; and
WHEREAS, Taney County, Missouri intends to erect and construct new buildings in the
expansion of its courthouse facilities, thereby requiring additional real estate; and
WHEREAS, the design and location of said new buildings makes it necessary that Taney
County, Missouri obtain certain real property, including a lot currently used for parking
at Main Street East of Shorty Cooper Street in Forsyth, Missouri that is more particularly
described in Exhibit "A" to this Ordinance; and
• WHEREAS, the acquisition of said real property is for a public use and purpose; and
WHEREAS, the Taney County Commission has negotiated with the owners of said real
estate and a good faith offer to purchase the real property has been made to said owner;
and
WHEREAS, Section 49.300 RSMo, authorizes Taney County to institute proceedings in
the Circuit Court of Taney County, Missouri for the purposes of condemning land or
other property for a courthouse or jail site and for other public uses; and
WHEREAS, Taney County, Missouri and the owner of the property have been unable to
agree on the proper compensation for the required property described in Exhibit "A"; and
NOW THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSION OF
TANEY COUNTY, MISSOURI, as follows:
The use of condemnation powers as granted to Taney County by the State of
Missouri in Section 49.300 RSMo is hereby approved in order to obtain fee simple title to
the property described in Exhibit "A" to this Ordinance so that said real property may be
used in the site for the expansion and construction of the law enforcement and jail
facilities .
•
• This Ordinance shall be in full force and effect from and after its passage and
adoption.
PASSED AND ADOPTED this
--
It#ikdayof~r, 2005.
NoveMb~
@JLQ~""
Chuck Pennel,
Presiding Commissioner
•
•
B:~ NO. &74 ORn :~ANCE NO. 6...2..=3 3
• AN ORDINANCE A,\{E~mrNG THE REGULATIONS AUTHORIZHIG A POL:CE O?FICER OF' TE=:
CEY OF BRA..'lSON. MISSOURI T,') ACT IN AN EH:C:RG:C:NCY S:T'JATION OU':'SIDE THE
CORPO?~TE CITY LIHITS OF THE CITY OF BRANSON, MISSOURI.
WHEREAS. the M~yor ~nd Bo~rd of Aldermen at the City o£ B=anson. M~sso~ri
h~ve beccme aw~rc of a diffict:lty in the in~crpre~ation of the Revised
Statutes of Missouri 1988. section 70.815, s:rnsection 2; and
vMEREAS, the Mayor and Bo~rd of Aldermen of the Ci~y of Branson. Missouri
deem further clarification and regulation of the au~hori:a~ion for Mutu~l
Aid assist~ce,
NOW. :HEREFORS as IT ORDAINED BY THE BOARD OF A1DE~~EN OF THE CITY OF
BRANSON. MISSOURI AS FOLLOWS:
Sec~ion 1: That Ordinance Number 88-74, Section 2. be amended by adding
there to the following:
As a further part of this ordinance, the City of 3ranson hereby
grants to the City of Hollister Police Department, the right and
authority to respond to emergency situations wi~hin the City of
Branson, Missouri when requested for Mutual Aid.
Section 2: All ordinances in conflict w~th the provisions oi this
• ordinance arc hereby repealed. All provisions of this ordinance are
separable, and the inval~dity of any part of this ordinance shall not
affect the validity of the remainder of the ordinance.
Section 3: This ordinance shall be in full force and effect from and
after its passage and approval.
Read this first time on ':his 9th day of October , 1989.
Read this second time on this 9 th day of Octobe r , 1989.
Read this third time and truly agreed to and passed this 23 rd day of
PJ!m &l?~
October , 1989.
Mayor
ATTEST:
•
.,.
• BILL NO. _ _.:::.8.:;:2.:::.3----=..:A.:;:m..:::.e..:...:.n.=d.::.e..=.d
AN ORDINANCE AUTHORIZING A POLICE OFFICER OF THE CITY OF BRANSON, MISSOURI
TO ACT IN AN EMERGENCY SITUATION OUTSIDE THE CORPORATE CITY LIMITS OF THE
CITY OF BRANSON, MISSOURI.
ORDINANCE NO.
-88-74
------
WHEREAS, the Missouri General Assembly enacted in 1986, a law known as
Senate Bill 450, which among other provisions provided that a police
~ officer could act in an emergency situation outside the corporate li~its
of said officer's municipality; and
WHEREAS, the Missouri Municipal League has endorsed Senate Bill 450 and
has encouraged municipalities to adopt this legislation in the spirit of
cooperation between City law enforcement departments and other law
enforcement departments for the benefit of the citi~ens of our area; and
WHEREAS, the City of Branson, Missouri desires to provide emergency
assistance or aid to any citizen whose life could be in danger or to other
police officers outside our jurisdiction who need immediate. responsive
emergency back up; and
WHEREAS. it is deemed by the Board of Aldermen of the City of Branson,
Missouri to be in the best interest of the health, safety and welfare of
the residents of the City to permit~police officers to respond outside our
•
municipal boundaries under certain circumstances; and
WHEREAS, all police officers employed by the City of Branson designated to
respond to emergency situations outside the corporate city limits will be
in compliance with Chapter 590 of the Revised Statutes of Missouri;
NOW. THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
BRANSON. MISSOURI THAT:
Section 1. Definitions: For the purpose of this Ordinance. the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Municipal Police Officer: Any peace officer of the City of Branson.
Missouri possessing the duty and power of arrest for violation of the
general criminal laws of the State or for violation of Branson City
Ordinances.
Emergency Situation: Any unforeseen combination of circumstances or
events involving danger to human life or property which requires
immediate action.
Section 2. A municipal police officer of the City of Branson shall have the
authority in accordance with the departmental procedures to respond
to an emergency situation outside the boundaries of the City of
Branson while on duty.
•
Section 3. The authority contained herein shall permit the response by
• one or more municipal police officers to an emergency situation
within any incorporated area whose corporate limits are common with
the City of Branson, or within a one (1) mile radius from the
corporate limits of Branson in an unincorporated area. The chief
of the police department or his designee may in his discretion authorize
response beyond this designated area.
Section 4. Police officers shall not leave the City inhabitants with
Inadequate police protection or be'absent for extended periods of
time. When requested, response shall be in aid of. and to assist. the
authorities of the State. County or the municipality in which the
emergency is located. No police officer of the City shall
be authorized to make an arrest by reason of this authorization to
respond nor shall he/she be authorized to use his/her weapon except
to respond to a threat of serious physical harm to himself or others
or to make an arrest for a felony violation involving the infliction
or threatened infliction of serious physical harm.
section 5. Every response to an emergency situation outside the City's
boundaries shall be approved by the Chief of Police or his designee
and shall be reported to the Chief of Police as soon as practical
and in accordance with departmental policies and procedures, if
approval for response is by other than the Chief of Police.
section 6. This Ordinance shall be. in full force and effect from and after
•
the date of its final passage and approval.
Read this first time on this 14th day of November , 1988.
---------
Read this second time on this 14th day of __N_o_v_e_m_b_e_r , 1988.
Read this third time, and truly agreed to and passed on this 28th day
of November • 1988.
ATTEST:
•
~.
I
ill
POWERS OF POLITICAL SUBDIVISIONS TO fO,~~~ATE OR CONTRACT § 70.835
OeON GOVERNMENT
or ~ith the board of polic~commission,ers es- the(~Oli'(;1 subdivision in which the emer-
.Ii bc transferred
1
tablished by section 84.3)0, RSMo, tor the gen~~uC;tion is alleged to be occurring.
109X)
provIsion of police services by one political ...."."
subdivision to another on request. The scope of 4. As used In thIS sectIon, response shall
the agreement may be general or specific. and mean to take any and all action which the
Political subdivisions delinquent in mayor may not provide for compensation for pe~ce otncer may lawfully take as If exerCISing
lien-mandamus-state aid with- such services. Otficers providing police services hIS powers within hIS own JUriSdIctIOn.
ny political subdivision fails to
ayment due the system for a period in another jurisdiction pursuant to such an 5. Any peace officer who responds to an
s after the payment is due, the po- agreement shall .have the same pow.ers of ar- emergency situation, pursuant to the provi-
vision shall become delinquent and rest as officers ot the requesting politIcal sub- Sions of thIS section, shall not be liable for civil
of the delinquency shall constitute division, and shall have the same immunity as damages for acts or omissions other than dam-
In the funds of the political subdivi- if acting within their own jurisdiction. ages caused by the negligence or bv willful or
he board is authorized to 1995 H.B. 460 § I, A.L. 1997 S.B. 372) wanton acts or omissions by the p~ace officer
, application for a writ of ."~."u.a-",. in responding to the emergency situation.
n addition, such delinquencv (L. 1986 S.8. 450 § 19, A.L. I n7 S.8. 372)
- 70.820. Authority of pe~ce officers to re-
by the board to\ the state trp'''\llr~r· "'<ji
spond to emergencies outside jurisdiction-def-
Ir of the department of revenue initions.-1. Any peace officer of a county or a 70.835. Formation of major case squads
delinquency, together with regular peace officer of any political subdivision who authorized.-l. The governing body of any po-
;atisfied, the state treasurer and di ; as completed the basic police training pro- litical subdivision 'and the board of police es-
~ department of revenue shall with- ram as promulgated by chapter 590. RSMo, tablished by section 84.020, RSMo, and the
lneys due the political subdivisio shall have the authority to respond to an emer- board of police commissioners established by
ate. gency situation outside the boundaries of the section 84.350. RSMo, may by ordinance, or-
I § 28. A.L. 1988 H.B. Ion) political subdivision from which he derives his der, or other ruling agree to cooperate with
authority. one another in the forma tion of a major case
Board may invest funds.- The squad for the purpose of intensive professional
be thc trustees of the funds of 2. Before a peace officer shall have the au- investigation of a certain individual crime
)jClto .the provisions of .an y appli- ·.thority to respond to an emergency situation which may occur in their general geographical
a! state laws, the board shall •. outside the boundaries of the political subdivi- area .
w· IOvest and reinvest the mon-
cV
.sion from which the officer derives his author-
,ystem, and to hold, purchase, sell, ity pursuant to subsection I of this section. the 2. Expenses of a major case squad may be
sfer or dispose of any of the securi- authority shall be first authori'zed by ordi- paid by the individual political subdivisions
vestments in which such moneys ~ance, order. or other ruling by the governing and by the board of police established bv sec-
been invested, as well as the' pro- body of the political subdivision from which tion 84.020, RSMo, or by the board of police
:h investments and such moneys, the officer derives his authority and ~ commissioners established by section 84.350,
I § 30, A.L. 1974 S.8. 419, A.L. 1984 .&o~erOlng bod,Y of the political subdiVISion in. RSMo.
)88 H.B. 1098) .;wnlch tfie emergency situation is alleged to be 3. The major case squad shall operate and
~ring and by the board of police estab- be activated upon the request of the county
PROTECTION COOPERATION Itshed by section 84.020. RSMo, or by the sheriff or police chief of the political subdivi-
N POLITICAL SUBDIVISIONS board of police commissioners established by sion where the crime occurred.
Political subdhisions and boards of sectIOn S. U 50, RSMo. if the officer derives his
authority from either board or if the emer- 4. Notwithstanding other provisions of law
nissioners of St. Louis and Kansas
mtract to provide police services for g~ncy situation is alleged to be occurring to the contrary, whenever any peace officer is
cal subdivisions-powers of arrest WIthIn the jurisdiction of either board. duly authorized as a member of a major case
ty-definitions,-I. As used in this squad, he shall have the power to arrest any-
. 3'"As used in this section, "emergency situa- where within this state, This power shall only
hon me:.1ns any situation in which the peace be exercised during the time the peace officer
verning body" means the board, officer has a reasonable belief that a crime is is an active member of an active major case
:il, or persons in which the powers about to be committed, is being committed, or squad and only within the scope of the investi-
al subdivision as a body corporate. has been committed involving injury or threat gation on which the squad is working.
e, are vested: of Injury 10 any person, property. or govern-
llitical subdivision" means any mental interest and his response is reasonably 5. Prior to the initiation of a major case
Init of this state empowered by laW n.ecessary to prevent or end such emergency squad investigation ill a political subdivision
I a law enforcement agency. ~l(uatlOn or mitigate the likelihood of injury other than where the crime occurred, a mem-
. Involved in such emergency situation. The de- ber of the major case squad shall notify the
overning body of any political sub- chief law enforcement officer of the political
Y bv ordinance, order or other rul-
termInation of the existence of any emergency
subdivision in which the investigation is to be
~to "a contract or agreement with shall be in the discretion of the peace
conducted, or a designated agent thereof.
1' '" I subdivision, with the board officer making the response or in the discretion
a
t: ed by section 84.020. RSMo.
• ----------- Revised Statutes of Missouri 1989
1989
07/17/2005 03:54 4175453931 TANEV CO COMMISSION PAGE 01
TA\J F'r'("\0
• v
AI1~
UNTY CLER~"
'5_
4~CEIVL\·.···
·I:JI_
ORDINANCE NO. 06-0710
IN THE COUNTY COMMISSION OF TANEY COUNTY, MISSOURI
AN ORDINANCE REGULATING USE OF RIGHTS-OF..WAY AND
EASEMENTS THAT ARE POSSESSED BY TANEY COUNTY IN
RELATION TO THE COUNTY MAINTAINED ROAD SYSTEM
WHEREAS, the County of Taney, State of Missouri, has an extensive county road
system, maintained and supervised by Taney County; and,
WHEREAS, in connection with said roads and road system, Taney County also
possesses easements, rights-of-way in fee simple, and other property interests adjacent to
the roads in the Taney County maintained road system; and
WHEREAS, the safety of the traveling public and the safety of the citizens and
• pedestrians of Taney County, Missouri are well served by promulgating reasonable
regulations concerning the use of said properties; and,
WHEREAS, the Taney County Commission is a Missouri county of the first
classification; and
WHEREAS, Section 49.266 of the Revised Statutes of Missouri sets forth that the
county commission in first class counties may by order or ordinance, promulgate
reasonable regulations concerning the use of county property; and,
WHEREAS, Section 49.266 of the Revised Statutes of Missouri also provides for the
Taney County Commission to promulgate by order or ordinance reasonable regulations
controlling pedestrian and vehicular traffic, and to control parking on county property;
and,
WHEREAS, Section 49270 of the Revised Statutes of Missouri sets forth that the
county commission shall have control and management of the property, real and personal,
belonging to the county; and,
WHEREAS, Taney County, Missouri enters into contracts with vendors to operate
certain businesses on county property from time to time, when said activity is not adverse
to the interests of the public or Taney County taxpayers; and,
07/17/2005 03:54 4175453931 TANEY CO COMMISSION PAGE 02
WHEREAS, at least one entity has the right to the exclusion of all others by tenns of an
acquired easement to operate a business, and to be a vendor on one particular county
right-of-way so long as said use does not interfere with safety and use of the road; and
WHEREAS, Taney County, Missouri may control the activities on county property by
vendors or tenants by contract, and said contracts are designed to also regulate the use of
county property to insure the safety of the public;
NOW THEREFORE BE IT ORDAINED BY THE COUNTY COMMISSION OF
THE COUNTY OF TANEY, MISSOURI, AS FOLLOWS:
SECTION 1. County Ordinances are hereby added to by the adoption of this ordinance
regulating the use of certain Taney County easements, rights-of-way, and other property
interests held in relation to the county road system, and for the purpose of operating and
maintaining safely and efficiently said county road system as follows:
A. Trespassing.
Easements, rights-of-way and other property interests held by Taney
County in connection with the operation and maintenance of its county
road system are held for road purposes and are not open to use by the
public for vending or selling products, produce or any other items. Most
ofthe property held by Taney County, Missouri for use in connection with
the county road system is not suitable for use by the public for any
purpose other than pedestrian or vehicular traveL No person shall use the
Taney County rights-of-way, easements or any other property held in
connection with the operation or maintenance of the county road system
for any purpose other than pedestrian or vehicular travel unless said
individual has valid written pennission from the Taney County
Commission. Taney County road personnel, law enforcement personnel,
or other personnel authorized by the Taney County Commission may
request any person using the county roads, or rights-of-way or easements
held in relation thereto for purposes other than travel, to leave said
property. Any person who fails to comply with this request to leave
county property or fails to abide by regulations on file with the county
clerk shall be a trespasser.
B. Tenants and vendors.
Only those persons or entities that have prior written approval from the
Taney County Commission, or the Taney County Road and Bridge
Department, or that have a written contract with Taney County, Missouri
may engage in activities other than pedestrian or vehicular travel, on the
property, rights-of-way and easements of Taney County, Missouri.
SECTION 2. County Park System.
This ordinance relates to the county roads, rights-of-way, easements and
other property interests held in relation to the county road system and its
07/17/2005 03:54 4175453'331 TANEY CO COMMISSION PAGE 03
. "'""
• operation and maintenance, and thh'.-~,.umance does not effect use of
county property held for recreational park purposes.
SECTION 2. Effective date.
This ordinance shall be in full force and effect from and after its passag:.
SECTION 3. Other remedies.
This ordinance does not preclude or prevent Taney County.
Missouri from taking all other actions available to it against trespassers or
others who violate rules or regulations concerning county property.
PASSED AND SO ORDAINED AT THE COURTHOUSE IN FORSYTH,
MISSOURI ON THIS ~ DAY OF JULY, 2006.
VOTE: AYE _ _-->-d~ _ NAy _ _ l _
• CH CKPENNEL
PRESIDING COMMISSIONER
~~~~-
WESTERN COMMISSIONER
DANNYSfIRA AN
EASTERN COMMISSIONER
''-~ .,
•
• ORDINANCE NO. 2009-10-08-1
AN ORDIN~~_~JSl6NATINGA RECOVERY ZONE PURSUANT TO THE AMERICAN RECOVERY AND
REINVESTMENT TAX ACT OF 2009 FOR THE PURPOSE OF ISSUING RECOVERY ZONE ECONOMIC
DEVELOPMENT BONDS AND RECOVERY ZONE FACILITY BONDS.
WHEREAS, Taney County, Missouri (the "Public Entity") has received an allocation of the
national Recovery Zone Economic Development Bonds limitation in the amount of $ 335,000 and an
allocation of the national Recovery Zone Facility Bonds limitation in the amount of $ 503,000 pursuant
to the American Recovery and Reinvestment Tax Act of 2009, codified in Title 26 of the United States
Code and Internal Revenue Service, Notice 2009 -SO, issued on June 12, 2009 (collectively, the
"Allocations"); and
WHEREAS, the Public Entity understands that the Allocations are to be used for the issuance of
Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds pursuant to Section
1400U-2 or 1400U-3, respectively, of the Internal Revenue Code of 1986, as amended (the "Code"), such
• bonds referred to collectively as "Recovery Zone Bonds"; and
WHEREAS, the Public Entity understands that Recovery Zone Bonds are to be issued with respect
to or to finance certain expenditures located in or attributable to an area within the jurisdiction of the
Public Entity determines has a significant level of one or more of the following factors: poverty,
unemployment, home foreclosures, or general distress (such factors referred to herein as the "Distress
Factors"); and
WHEREAS, the Public Entity has determined that the Distress Factors have been caused by one
or more of the "Underlying Conditions of Distress" described in Section 1 hereof; and
WHEREAS, the Public Entity desire to designate the area described in Section 3 as a "Recovery
Zone" to provide for the possible issuance of Recovery Zone Bonds (such area being referred to herein
as the "Recovery Zone");
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE PUBLIC ENTITY, AS
FOLLOWS:
• 1
• Section 1. Underlying Conditions of Distress. The governing body of the Public Entity, Taney
County Commission, (hereinafter "Governing Body") hereby finds and determines that the Recovery
Zone identified in Section 3 suffers from one or more of the following conditions (each an "Underlying
Condition of Distress"):
Check
those
that
apply
The recovery Zone has experienced significant increases in unemployment during the calendar years
0 2008 and 2009.
The recovery Zone has experienced significant increases in home foreclosures and business failures
0 [during calendar years 2008 and 2009].
D The Recovery Zone has suffered from significant poverty.
Within the entire Recovery Zone there is a significant number of buildings and improvements which,
by reason of dilapidation, deterioration, age or obsolescence, illegal use of individual structures,
presence of structures below minimum code standards, abandonment, excessive vacancies,
inadequate provision for ventilation, light, air sanitation, utilities or open spaces, high density of
population and overcrowding of buildings, overcrowding of land, the existence of conditions which
D
•
endanger life or property by fire and other causes, excessive land coverage, deleterious land use or
layout, depreciation of physical maintenance, and lack of community planning, or any combination of
such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency
and crime or constitutes an economic or social liability and is detrimental to the public health, safety,
morals, or welfare of the Recovery Zone.
There are substantial real properties on which there is a vacant structure and on which real property
taxes have been delinquent for one year or more and orders have been issued by the Recovery
D Zone's fire official, building official or health official, and there has been no compliance with those
orders within the prescribed time given by such official or within ninety days, whichever is longer, or
the owner has declared in writing to the bUilding official that the property is abandoned or there has
been a determination by the Governing Body that the vacant structure contributes to housing blight.
The Recovery Zone has generally suffered from declining population or an increase in property tax
0 delinquency.
The Recovery Zone has suffered from a material decline (using historical numbers) in retail sales.
D The Recovery Zone has experienced a decline in property tax or sales tax revenues, resulting in
D budget cuts and an ensuing reduction in the governmental services provided by the Public Entity
within the Recovery Zone since 2008.
The Recovery Zone has experienced economic distress by reason of the closer or realignment of a
D military installation pursuant to the Defense Base Closure and Realignment Act of 1990.
• 2
• Section 2. Distress Factors. The Governing Body hereby finds and determines that, as a result of the
Underlying Condition (s) of Distress, the Recovery Zone has experienced a significant level of one or more ofthe
Distress Factors (i.e. poverty, unemployment, home foreclosures, or general distress).
Section 3. Designation of Recovery Zone. Based upon the findings and determinations of the Underlying
Condition (s) of Distress and the resulting Distress Factors, the Governing Body hereby designates the following
area as the "Recovery Zone" for the Public Entity:
Check
one
The Recovery Zone includes the entire area within the jurisdictional boundaries of the Public Entity.
0
The Recovery Zone includes the entire area within the jurisdictional boundaries of the Public Entity,
D excluding the area (s) identified in the attachment hereto.
The Recovery Zone includes only the area (s) identified in the attachment hereto.
D
Section 4. Further Action. The appropriate staff and officers of the Public Entity are authorized and
•
directed: to take all necessary steps to indentify appropriate projects for which the issuance of bonds will further
the goals established for Recovery Zone Bonds in order to cure the Distress Factors within the Recovery Zone; to
identify other economic development incentives and programs which may be available under Federal or Missouri
laws for such projects which will further the goals established for Recovery Zone Bonds; and to work with the
Missouri Department of Economic Development to plan for the issuance of Recovery Zone Bonds for identified
projects.
Adopted by the County Commission of Taney County this Z+lday of C~+, ,2009.
~~e
Presiding Commissioner
ATTEST:
~
•
County Clerk
3
BK 0498PG 5366 iE::!: tl?jJ 0 E;' L . ..c:il· ~~:!J. C-8!IE::.::lL
REC. FEE: 30.00
NON-STD FEE:.
•
PAGES: 3
ROBERT A DIXON RECORDER
OF TANEY COUNTt. MOt DO HEREBY
CERTIFY THAT THt WI HIN
INSTRUMENT OF WRITING. WAS
ON 09/12/2006 AT 10:45:12AM
DULY FILED FOR RECORD AND IS
RECORDED IN THE RE~~RDS OF
THIS OFFI~E BOOK:~~~
WHERE~~
PAGE'
HA~W~EUNTO
'to-
SET MY HAND AND AFFIXED MY
OFFICIAL SEAL AT FORSYTH, MO,
~l.k:L~DEPUTY
Ordinance No. 400
BOARD OF ALDERMEN CITY OF
FORSYTH, MISSOURI
AN ORDINANCE VACATING SHORTY COOPER STREET, AS
SAID STREET IS NOW PLATTED, AND RENAMING HILLCREST
STREET AS SHORTY COOPER STREET
•
Whereas, the County of Taney, a Missouri county of first classification, a body politic
and corporate, and· a. subdivision of. the State ·of Missouri (''the County"),. owns
property on either side. of Shorty Cooper Street, as said street is now platted; and
Whereas, the County intends to construct a new courthouse facility on propertt
owned by the County, and over Shorty Cooper Street, as said street is now platted;
and
Whereas, the County has agreed that, after the new courthouse facility is
constructed, the County will bear the cost for opening and constructing to the City's
standards and specifications, Hillcrest Street, as said street is now platted; or, in the
alternative, will request that the Board of Aldermen adjust or relocate the course of
Hillcrest Street, as said street is now platted; and will bear the cost for opening and
constructing a street over said new or relocated course, to the City's standards and
specifications; to provide a street between Highway 160 and Felkins Ave;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF FORSYTH, MISSOURI, AS
FOLLOWS:
1. Shorty Cooper Street, lying between Highway 160 and Main Street,assaid
street is now platted, is vacated.
2. Hillcrest Street, lying between Highway 160 and Felkins Ave, as·$aidstreet is
• now platted, is renamed Shorty Cooper Street.
This Ordinance shall be in full force and effect from and after the date of its passage
and adoption.
BK 0498PH 536 7
• The City Clerk is directed to cause this Ordinance to be published and included in the
City Code.
ADOPTED AND APPROVED BY THE 89-f\RD OF ALDERMEN OF THE CITY OF FORSYTH, MISSOURI
AT A REGULAR MEETING HELD ONL,~YjUat: 2~ 2006 AT THE CITY HALL IN FORSYTH,
MISSOURI. ';,
.L ;~/
,': i
.;1'
. it
.Vb'
it" "r . . . . 'f. BOARD OF ALDERMEN
". ,to.\J
, .... .
j
"
J .
., 1 I " .
•
U:'»Ifot~". I f ' · 'f.
..•.
••• , 'J-
•
." .. CITY OF FORSYTH, ISSOURI
, : .!.. :
." t .•
.
• • J •
.'
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"
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•
IK 049 aPG 5368
• ROAD RELOCATION AGREEMENT
WHEREAS, Taney County is building a new Law Enforcement Facility; and
WHEREAS, the planned location of the Law Enforcement Facility requires the
relocation of Shorty Cooper Street to the present location of the platted, but not
constructed, Hillcrest Street; and
WHEREAS, the design of the Law Enforcement Facility may change necessitating the
further relocation of Shorty Cooper Street from the present platted Hillcrest Street to
another location; and
WHEREAS, the City of Forsyth requires access to State Highway 160 from Main Street
on the east side of downtown Forsyth;
NOW THEREFORE IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
In the event Shorty Cooper Street is not built at the present platted Hillcrest Street
location, Taney County agrees to build a road of similar nature, dimensions and
characteristics of the current Shorty Cooper Street, connecting Felkins Avenue to State
Highway 160 at or near the east side of the new Law Enforcement Facility.
• The City of Forsyth in reliance upon this agreement will allow the vacation of the
currently existing Shorty Cooper Street, and allow the new street to be constructed at
such a time as construction ofthe Law Enforcement Facility will allow.
AGRED TO BY AND BETWEEN TANEY C~TY, MISSOURI AND THE
,CITY OF FORSYTH, MISSOURI ON THIS ts·
DAY OF JULY, 2006.
TANEY COUNTY, MISSOURI CITY OF FORSYTH,
MISSOURI
By: &JkQ~
Chuck Pennel "
Presiding Commissioner
'Ai),. Co
':," D
\- ~~
%
1-
~:. ~~
~ 6ttes't: _
. ~ II .... ' "1.~'? Donna Neeley uth Whitley
. ' . 0._,..... ," Taney County Clerk Forsyth City Clerk
END OF DOCUMENT
tl _ _ C_OU_7lly_of~rANEY c5fafe ofWlssoun
TANEY COUNTY COURTHOUSE
P. O. BOX 1086 • FORSYTH, MQ 65653
OFFICE OF (417) 546-7204 • FAX: (417) 546-3931
CHUCK PENNEL
PRESIDING COMMISSIONER
RON HERSCHEND
WESTERN DIST. COMMISSIONER
DON SWAN
EASTERN DIST. COMMISSIONER
TRESSA LUTTRELL
COUNTY COMMISSION
ADMINISTRATOR
AN ORDINANCE TO OPT OUT
OF STATE IMPOSED SALES TAX HOLIDAY
Whereas, the Missouri General Assembly has passed and the Governor has
signed, Senate Bill 11 that establishes a so-called "sales tax holiday" for the second
weekend in August, 2004, and
•
Whereas, the legislation does not provide for the reimbursement to local
governments for lost revenues, and
Whereas, the sales tax holiday will significantly reduce local revenues, and
Whereas, counties depend on sales tax revenues to provide essential services for
the citizens, including law enforcement, property assessment, roads, tax collection, etc.,
and
Whereas, these sales taxes were approved by a vote of the people who expect the
promised services, and
Whereas, the legislation authorizes local governments to opt out of the sales tax
holiday by ordinance ofthe governing body,
NOW THEREFORE BE IT ORDAINED BY THE COUNTY COMMISSION
OF THE COUNTY OF TANEY AS FOLLOWS:
Section One. The County of Taney hereby determines that it will prohibit the
provisions of Section 144.049 RSMo., 2003, from exempting sales of certain clothing,
personal computers, certain computer software, and school supplies that occur within the
boundaries of said County during August 13,2004 through August 15,2004 from local
sales taxes.
Section Two. The County Clerk is hereby directed to send written notice to the
State of Missouri Department ofRevenue I as soon as possible, but no later than July 9,
2004, of the decision to opt out of the "Sales Tax Holiday," by forwarding a cover letter
and certified copy of this ordinance.
Section Three. This ordinance shall be in full force and effect from and after the
date of its passage and approval.
ADOPTED AND APPROVED THIS 15 TH DAY OF DECEMBER, 2003.
ATTEST:
• BE IT REMEMBERED that on passage of this ordinance, the roll call vote for approval
~as the following persons voting "Aye"
( I hi \C ~ go-DDe \ :kt~n\----f'(q:\'-eod C)C)\") SlA)CLO
And the following voting "Nay"
I The correct mailing address is PO Box 3380, Jefferson City, MO 65105-3380
• AN ORDINANCE CALLING A SPECIAL ELECTION IN TANEY
COUNTY, MISSOURI.
BE IT ORDAINED BY THE COUNTY COMMISSION OF TANEY COUNTY, MISSOURI,
AS FOLLOWS:
Section 1. An election is hereby ordered to be held in Taney County, Missouri, on November 8,
2005, on the following question to impose a sales tax pursuant to R.S.Mo. Section 67.582:
QUESTION
Shall Taney County, Missouri be authorized to impose a sales tax pursuant
to Section 67.582 R.S.Mo. in the amount of one-eighth (118) of one percent for the
purpose of providing law enforcement services consisting of constructing,
equipping, improving, operating and maintaining a county jail and law enforcement
center, such sales tax to continue until December 31, 2022?
Section 2. The form ofthe Notice of Election for said election, a copy of which is attached hereto
and made a part hereof, is hereby approved.
Section 3. The Presiding Commissioner is hereby authorized and directed to notify the County
• Clerk of Taney County, Missouri, of the adoption of this Ordinance no later than 4:00 P.M. on August 30,
2005, and to include in said notification all of the terms and provisions required by Chapter 115 of the
Revised Statutes of Missouri, as amended.
Section 4. This Ordinance shall be in full force and effect from and after its passage and approval.
PASSED by the County Commission this 29th day of August, 2005.
(SEAL)
Presiding Commissioner
ATTEST:
~~ion~"""'Lo'l/""'-
xt~~
•
County Clerk .
, . 0<61).10,
•
• AN ORDINANCE SUBMITTING A BALLOT QUESTION FOR THE
NOVEMBER 6, 2007 GENERAL MUNICIPAL ELECTION IN TANEY
COUNTY, MISSOURI
WHEREAS, Taney County, Missouri is a non-charter county of the
first classification, duly organized and existing under the laws of the State of
Missouri, and
WHEREAS, Taney County is a fast growing area with considerable
new residential and commercial growth; and
WHEREAS, residents living in the County need an effective and safe
method of crossing Lake Taneycomo on their way to work on East Highway
76, and a convenient way of returning home after work; and
WHEREAS, a more effective road system over Lake Taneycomo and
the development of other significant transportation projects, such as the east-
west corridor road, will promote economic development in Taney County;
and
WHEREAS, recreational facilities that attract visitors to Taney
County constitute economic development and bring additional monies to the
• businesses of Taney County, and to Taney County Government; and
WHEREAS, quality of life in a community is a major factor in
businesses relocating to an area, and a major contributor to quality of life for
the citizens of Taney County would be the development of recreational
l- facilities to be utilized not only for attracting tourists, but serving as a
n:
~_.'>
county-wide parks system enhancing quality of life in Taney County,
o~~
0.2: Missouri; and
. >:
Xl:;
..... ""'--
~
III ::> WHEREAS, a sales tax of one-half of one percent (1/2 of 1%)
:TO
r- 0 available pursuant to Section 67.1305 of the Revised Statutes of Missouri
tLr
o ~ would serve to create and promote the above-stated economic purposes and
~f ~ needs of Taney County and its citizens;
~.
o
NOW, THEREFORE, BE IT ORDERED, RESOLVED AND
ORDAINED BY THE COUNTY COMMISSION OF TANEY COUNTY,
MISSOURI, AS FOLLOWS:
Section 1. It is hereby ordered that a ballot question be submitted for
placement on the ballot for the General Election to be held in Taney County,
Missouri, on the 6th day of November, 2007, and the question to be submitted is
the following question to impose a sales tax for economic development purposes
• pursuant to Section 67.1305 of the Revised Statutes of Missouri.
, "
• SPECIAL ELECTION
SALES TAX PROPOSITION
TUESDAY, NOVEMBER 6, 2007 TANEY COUNTY, MO
PROPOSITION A
Shall the county of Taney impose a countywide sales tax at the rate of
one-half of one percent (112 of 1%) for a period of fifteen (15) years from the
date on which such tax is first imposed for economic development purposes?
- - - Yes
- - - No
Instructions to Voters: If you are in favor of the question, place an "X" in the
box opposite "YES". If you are opposed to the question, place an "X" in the box
opposite "NO".
Note: Commission priorities include, but are not limited to "Taneycomo
Bridge and community recreation facilities." All expenditures under this tax
are subject to the final approval of the Commission.
Section 2. The Presiding Commissioner is hereby authorized and directed
• to notify the County Clerk of Taney County, Missouri, of the adoption of this
Ordinance no later than 2:00 p.m. on the 28 th day of August, 2007, and to include
in said notification all of the terms and provisions required by Chapter 115 of the
Revised Statutes of Missouri, as amended.
Section 3. This order is hereby certified to the Clerk of the County
Commission of Taney County, Missouri, as election authority for the County, and
the Taney County Clerk is hereby requested to conduct the election by paper
ballot.
Section 4. This Ordinance shall be in full force and effect from and after
its passage and approval.
PASSED by the County Commission this ~ day of August, 2007.
(SEAL) c(2&~~
Chuck Pennel, Presiding comri'iissioner
Ron Herschend, Western Commissioner
•
r_''''
f:l_----'C_ou_nfy_of_T ANEY· O!a!e oJCfllissourf
TANEY COUNTY COURTHOUSE
P. O. BOX 1086 • FORSYTH, MO 65653
OFFICE OF (417) 546-7204 • FAX: (417) 546-3931
CHUCK PENNEL
PRESIDING COMMISSIONER
RON HERSCHEND
WESTERN DlST. COMMISSIONER
DON SWAN
EASTERN DIST. COMMISSIONER
TRESSA LUTTRELL
COUNTY COMMISSION
ADMINISTRATOR
AN ORDINANCE TO OPT OUT
OF STATE IMPOSED SALES TAX HOLIDAY
Whereas, the Missouri General Assembly has passed and the Governor has
signed, Senate Bill 11 that establishes a so-called "sales tax holiday" for the second
weekend in August, 2004, and
Whereas, the legislation does not provide for the reimbursement to local
governments for lost revenues, and
• Whereas, the sales tax holiday will significantly reduce local revenues, and
Whereas, counties depend on sales tax revenues to provide essential services for
the citizens, including law enforcement, property assessment, roads, tax collection, etc.,
and
Whereas, these sales taxes were approved by a vote of the people who expect the
promised services, and
Whereas, the legislation authorizes local governments to opt out of the sales tax
holiday by ordinance of the governing body,
NOW THEREFORE BE IT ORDAINED BY THE COUNTY COMMISSION
OF THE COUNTY OF TANEY AS FOLLOWS:
Section One. The County of Taney hereby determines that it will prohibit the
provisions of Section 144.049 RSMo., 2003, from exempting sales of certain clothing,
personal computers, certain computer software, and school supplies that occur within the
boundaries of said County during August 13, 2004 through August 15, 2004 from local
sales taxes.
•
•
Section Two. The County Clerk is hereby directed to send written notice to the
State of Missouri Department ofRevenue 1 as soon as possible, but no later than July 9,
2004, of the decision to opt out of the "Sales Tax Holiday," by forwarding a cover letter
and certified copy of this ordinance.
Section Three. This ordinance shall be in full force and effect from and after the
date of its passage and approval.
ADOPTED AND APPROVED THIS 15 TH DAY OF DECEMBER, 2003.
ATTEST:
Donna Neeley, /County Cle~k
! L/
BE IT REMEMBERED that on passage of this ordinance, the roll call vote for approval
was the following persons voting "Aye"
Chi \C' ~ {}DOf \ J<l~n\----br-';j,;,ttDd Or)\~ Sl \)Cu'")
And the following voting "Nay"
•
I The correct mailing address is PO Box 3380, Jefferson City, MO 65105-3380
•
---- ----------------
TANEY COUNTY CLERK
• 9lJonna $- L/\!ee~o/
AN ORDINANCE TO OPT OUT
OF STATE IMPOSED SALES TAX HOLIDAY
Whereas, the Missouri General Assembly has passed and the Governor has
signed, Senate Bill 11 that establishes a so-called "sales tax holiday" for the
second weekend in August, 2006 and
Whereas, the legislation does not provide for the reimbursement to local
governments for lost revenues, and
Whereas, the sales tax holiday will reduce local revenues, and
Whereas, counties depend on sales tax revenues to provide essential
• services for the citizens, including law enforcement, property assessment, roads,
tax collection, et., and
Whereas, these sales taxes were approved by a vote of the people who
expect the promised services, and
Whereas, the legislation authorizes local governments to opt out of the sales
tax holiday by ordinance of the governing body,
NOW THEREFORE BE IT ORDAINED BY THE COUNTY
COMMISSION OF THE COUNTY OF TANEY AS FOLLOWS:
Section One. The County of Taney hereby detenl1ines that it will prohibit
the provisions of Section 144.049 RSMo., 2003, from exempting sales of certain
clothing, personal computers, certain computer software, and school supplies that
occur within the boundaries of said County during August 4,2006 through August
6, 2006 from local sales taxes.
Section Two. The County Clerk is hereby directed to send written notice to
the State of Missouri Department of Revenue as soon as possible, but no later than
•
June 20, 2006, of the decision to opt out of the "Sales Tax Holiday," by
forwarding a cover letter and celiified copy of this ordinance.
Taney County Courthouse Annex • P. O. Box 156 • 266A Main St. • Forsyth, MO 65653
(417) 546-7200 • Fax: (417) 546-2519
• Section Three. This ordinance shall be in full force and effect from and
after the date of its passage and approval.
ADOPTED AND APPROVED THIS 15 TH DAY OF MAY, 2006.
Chuck Pen..llel, Presiding Commissioner
Attest:
Ron Hersch~(L Westem Disr. -ComItlissioner
- ............---!I!!:-:-'----'--'-+---\bI----J.lI..-:"'----'---=-----------
BE IT REMEMBERED that on passage of this ordinance, the roll call vote for
•
approval was the following persons voting "Aye"
And t!;,e following voting "Nay"
..,
.
~SEA
•
• AN ORDINANCE SUBMITTING A BALLOT QUESTION FOR THE APRIL 3,
2007 GENERAL MUNICIPAL ELECTION IN TANEY COUNTY, MISSOURI
WHEREAS, Taney County, Missouri is a non-charter county of the first
classification, duly organized and existing under the laws of the State of Missouri,
and
WHEREAS, Taney County is a fast growing area with considerable new
residential and commercial growth; and
WHEREAS, Taney County hosts millions of tourists per year, and those
tourists and our local citizens travel the county's network of roads and increase the
need for further road development; and
WHEREAS, building much needed roads and bridges to alleviate traffic
congestion and improving the roads and bridges of the county are required for
continued safety and economic growth of the county; and
WHEREAS, the County's current sales tax of one-half of one percent (112 of
1 %) that expires in 2008 provides much needed money for the roads and bridges of
Taney County;
• NOW, THEREFORE, BE IT ORDERED, RESOLVED AND ORDAINED
BY THE COUNTY COMMISSION OF TANEY COUNTY, MISSOURI, AS
FOLLOWS:
Section 1. It is hereby ordered that a ballot question be submitted for
placement on the ballot for the General Municipal Election to be held in TaneyCounty,
Missouri, on April 3, 2007, and the question to be submitted is the following question to
re-impose the sales tax currently collected pursuant to Section 67.700 of the Revised
Statutes of Missouri , that is set to expire next year:
QUESTION
Shall the County of Taney reimpose a county-wide sales tax (by extending
the existing current sales tax) at the rate of one-half of one percent (112 of 1%) for a
period of ten years from the date on which such tax is first reimposed for the
purpose of improvement and construction of Roads and Bridges in Taney County?
Yes
No
•
• The passage of this Proposition will not increase the current Sales Tax rate in Taney
County.
Instructions to Voters: If you are in favor of the question, place an "X" in the box
opposite "Yes". If you are opposed to the question, place an "X" in the box opposite
"No."
Section 2. The Presiding Commissioner is hereby authorized and directed to
notify the County Clerk of Taney County, Missouri, ofthe adoption of this Ordinance no
later than 4:00 P.M. on January 23,2007, and to include in said notification all of the
terms and provisions required by Chapter 115 of the Revised Statutes of Missouri, as
amended.
Section 3. This order is hereby certified to the Clerk of the County
Commission of Taney County, Missouri, as election authority for the County.
Section 4. This Ordinance shall be in full force and effect from and after its
passage and approval.
PASSED by the County Commission this 22nd day of January, 2007.
• (SEAL) ~.CJ?~
Chuck Pennel, Presiding Commissioner
ATTEST: ~~{M~
Ron Herschend, Commissioner
•
• There being no other business to come before the meeting, on motion duly made,
seconded, and carried, the meeting was adjourned.
(Seal)
•
•
• CERTIFICATE REGARDING NOTICE OF MEETING
I hereby certifY that the attached notice of meeting of the County Commission of
Taney County, Missouri, held on January 22,2007, was posted at least 24 hours prior to
the commencement of the meeting on a bulletin board or other prominent place which is
easily accessible to the public and clearly designated for posting notices at the County
Courthouse, the principal office and meeting place of the County Commission, and was
made available at least 24 hours prior to the commencement of said meeting to any
representative of the news media who requested notice of the meeting
DATED: January 22, 2007
•
•
• EXCERPT OF MINUTES OF MEETING
The County Commission of Taney County, Missouri, met in regular session on
January 22,2007 at the County Courthouse in Forsyth, Missouri. The following officers
were present or absent as indicated:
Present/Absent
Chuck Pennel, Presiding Commissioner PIU-~
Ron Herschend, Western District Commissioner p~
Danny Strahan, Eastern District Commissioner ?:fLV~
Donna Neeley, County Clerk A~
The Presiding Commissioner declared that a quorum was present and called the
meeting to order.
********
• A
(Other Proceedings)
e matter of calling an election came on for consideration. Commissioner
~:.ti.it~'?~/54.~~.-v~~introduced an Ordinance entitled as follows:
AN ORDINANCE SUBMITTING A BALLOT QUESTION FOR THE APRIL 3,
2007 GENERAL MUNICIPAL ELECTION IN TANEY COUNTY, MISSOURI
On motion duly made and seconded, the Ordinance was read by title, considered
and discussed, and was put to a roll call vote, and the vote thereon was as follows:
Aye: Awd..~ ~~du1~ ~~J" ~~""£~
Nay:
The Presiding Commissioner declared said Ordinance duly passed and was signed
and approved by the Presiding Commissioner and attested by the County Clerk.
********
(Other Proceedings)
• ********
• CLAIRE/€.)M~SKlLL
Missouri State Auditor
December 1, 2004
County Clerk
Taney County Courthouse
P.O. Box 156
Forsyth, MO 65653
Dear County Clerk:
We would like to bring to your attention a couple of issues regarding tax rates and
petition audits for which we are seeking your assistance.
SB960, which requires each political subdivision in the county to calculate a separate
property tax rate for each subclass of property (residential, agricultural, commercial, and
•
personal) will automatically be implemented for the 2005 tax year, unless your county
commission opts-out prior to January 1, 2005. By opting-out of SB960, your county
commission intends that every political subdivision in the county will continue to calculate a
single tax rate for all property.
If opting-out, please send us a copy of the county commission minutes documenting its
vote to opt-out of the SB960 provisions.
Section 29.230 RSMo discusses the requisite number of signatures for petition audits and
requires either registered voters or actual votes of a political subdivision at the last gubernatorial
election. While this information is relatively current and to hopefully minimize issues during the
next four years, we are asking that you generate such information for all political subdivisions of
your county.
We would appreciate you sendiI!g us both the number of registered voters and number of
actual votes by political subdivision of your county for the November 2004 election.
All information can be sent to Becky Webb of my office. If you have any questions,
please feel free to contact Tom Kremer, Director of Local Government Audits or Becky Webb,
Tax Rate Supervisor at (573) 751-4213. Thanks for your cooperation.
Sincerely,
TANEY COUNTY CLERK
• c Claire C. McCaskill
State Auditor
P.O. Box 869· Jefferson City, MO 65H)~,"(573)?514213· FAX (573) 751-7984
• DONNA NEELEY
LEVIES
Donna Neeley, County Clerk, presented the finalized levies to the Commission. A
general discussion ensued.
DONNA NEELEY
DELEGATES FOR MAC CONFERENCE
Donna Neeley, County Clerk, stated that the Commission needed to appoint one
Commissioner as a delegate for the upcoming MAC conference. A general discussion
ensued. Commissioner Swan moved to appoint Commissioner Herschend as a delegate
for the MAC conference. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Swan (yes), Herschend (abstain).
DONNA NEELEY
OPT OUT - HOUSE BILL 960
Donna Neeley, County Clerk, addressed the Commission regarding their previous motion
•
to opt out of House Bill 960. Commissioner Herschend moved to ratify and/or approve
the previous decision made by the Commission to opt out ofHB 960 which would
created multiple tax levels within the County. Commissioner Swan seconded the motion.
Sheila Wyatt, Collector, stated that Bradleyville School District encompassed four
counties and added that if one of those other counties decided to opt in, Taney County
would then be forced to opt in the properties in the Bradleyville School District.
Additional discussion ensued. The motion passed by vote: Pennel (yes), Swan (yes),
Herschend (yes).
DONNA NEELEY
ABANDONED PROPERTY ORDINANCE
Donna Neeley, County Clerk, addressed the Commission concerning the need to adopt an
Abandoned Property Ordinance. Neeley stated that there was a vehicle that had been
abandoned and the Sheriff's office had done research on what the County could do to
removed said vehicle. Neeley added that the Department of Revenue had informed her
that an abandoned property ordinance needed to be in place prior to removal of any
abandoned vehicle. A general discussion ensued. Bob Paulson, Counselor, stated that he
would like to review the issue prior to advising the Commission on that issue.
CLAY CANTWELL
ROAD VACATION - LAKEWAY #3
• Clay Cantwell addressed the Commission on behalf of Dave & Cheryl Altis, petitioners,
to vacate Lakeway Village, Inc. #3. Commissioner Swan presented the reading of the
Taney County
•
An Ordinance to Opt-Out of the State Assessment Requirements
WHEREAS, the Missouri General Assembly passed and the Governor signed
Senate Bill 960 that authorizes an opt-out provision for counties from legislation
establishing a new way for counties to set tax rates which the General Assembly
enacted in HB 1150 in 2002 in an attem pt to correct problems in property tax
assessments in Missouri, and more specifically St. Louis County, and
WHEREAS, HB 1150 does not provide for the reimbursement to local
governments for lost revenues, and
WHEREAS, the new tax rate rollback provisions will significantly reduce local
revenues used to provide necessary pubic services by the County, and
WHEREAS, these new requirements will add significant additional cost to the
County, which already has limited financial resources, and
WHEREAS, the legislation authorizes counties to opt out of the legislation
revising the way property tax is assessed in the state by requiring separate tax rates for
each class of property by ordinance of the governing body,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSION OF
•
THE COUNTY OF TANEY AS FOLLOWS:
Section One. The County of Taney hereby exercises its statutory right to opt out
of the provisions of Section 137.073, RSMo, which establishes the way property tax is
assessed in the state by requiring separate tax rates for each class of property.
Section Two. This ordinance shall be in full force and effect from and after the
date of its passage and approval.
Section Three. For the purposes of applying the opt-out provision of this bill, a
political subdivision contained within two or more counties where at least one of such
counties has opted out and at least one of such counties has not opted out shall
calculate the separate rates for the three subclasses of real property and the aggregate
class of personal property as required by Section 137.073, RSMo, provided that such
political subdivision shall also provide a single blended rate, in accordance with the
procedure for determining a blended rate for school districts in subdivision (1) of
subsection 6 of Section 137.073, RSMo. Such blended rate shall be used for the
portion of such political subdivision that is situated within any county that has opted out.
A governing body of a city not within a county or a county that has opted out under the
provisions of this subsection may choose to implement the provisions of this section and
Sections 137.073,138.060, and 138.100, RSMo, as enacted by House Bill 1150 of the
Ninety-First General Assembly, Second Regular Session, and Section 137.073 RSMo,
as modified by this act, for the next year of general reassessment, by an affirmative vote
• of the governing body prior to December thirty-first of any year.
ADOPTED AND APPROVED THIS 4th DAY OF OCTOBER, 2004
• Presiding Commissioner
Western Commissioner
BE IT REMEMBERED that on final passage of this ordinance, the roll call vote for
approval was the following persons voting "Aye", Presiding Commissioner, Chuck
Pennel, Eastern Commissioner, Don Swan, and Western Commissioner, Ron
Herschend.
•
•
141 003/027
06/16/2008 11:03 FAX
BILL NO. 3508 ORDINANCE NO. 2008-018
AN ORDINANCE APPROVING THE PETITION :FOR AND ESTABLISHING THE
FORSYTHE ROAD COMMUNITY IMPROVEMENT DISTRICT AND CONTAINING A
SEVERABILITY CLAUSE.
WHltRl!~AS, Sections 67.1401 to 67.1571 RSMo, 2000, as amended (the "CID Act"), authorize the
governing body of any city, upon presentation ofa proper petition requesting the formation and after
a public hearing, to adopt an ordinance establishing a community improvement district; and
WHEREAS, the City of Branson, Missouri (the "City") is a city of the fourth class and a political
subdivision ofthe State of Missouri, duly created, organized and existing under and by virtue ofthe
Constitution and laws of the State of Missouri; and
WHEREAS, on January 25, 2008, the pl'Opelty owners within a proposed community improvement
district filed with the Branson City Clerk (the "City Clerk") an amended petition for the
establishment of a community improvement district pursuant to the CID Act (the "Petition), entitled
The Forsythe Road Community Improvement District (the "District"); and
WHEREAS, the City Clerk verified that the Petition substantially complies with the CID Act,
•
submitted the verified Petition to the Board of Aldermen and set a public hearing with all proper
notice being given in accordance with the CID Act or other applicable law; and
WHEREAS, none ofthe signatures of the signers ofthe Petition were withdrawn within seven days
after the Petition was filed with the City Clerk; and
WHEREAS, all the real property included in the District is entirely located within the City of
Branson; and
WHEREAS, the Board of Aldermen held a public hearing at which all persons interested in the
formation of the District were allowed an opportunity to speak and at which time the Board of
Aldermen heard all protests and received all endorsements; an
WHEREAS, Petition to establish the District being fully heard before the Board of Aldennen, the
City now desires to establish the District and make such other findings as necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD G:F ALDERMEN OF THE CHY
OF BRANSON, AS FOLLOWS:
Section 1: All terms used in this Ordinance shall be construed as defined in the CID Act
and the Petition.
Section 2: The City Clerk has verified that the Amended Petition to the City of Branson, Taney
County, Missouri for the creation of The Forsythe Road Community Improvement
District substantially complies with all submission requirements of the eIn Act
• Onlinance No. 2008-018
Page 1 0[4
l4J 004/027
Section 3: The District is hereby approved and shall be established within the City as a political
subdivision of the State of Missouri, as provided in the Petition, a copy of which is
attached hereto as Exhibit 1 and incorporated herein by this reference. The District
includes the contiguous tracts ofreal estate as described in the Petition, and shown on
a map as depicted in the Petition, both of which are incorporated herein by reference.
Section 4: The District shall be governed by a board of directors consisting oHive (5) members.
The names and terms of office of the initial Board of Directors were stated in the
Petition and the following individuals shall serve as the Board of Directors for the
District for the initial tcrms set forth below:
Russell L. Cook - Director, 4 years
Bryan Starkey - Director, 4 years
Wanda Cook - Director, 2 years
Inez Starkey - Director, 2 years
Russell W. Cook - Director, 2 years
Section 5: The District's Board of Directors shall have authority to establish a sales tax in an
• Section 6:
amount not to exceed one- half ofone percent (.5%), as set forth in the Petition and in
conformance with the CID Act.
The District shall have and possess without limitation, such powers authorized under
the crD Act and as set forth or otherwisc limited in the Petition.
Section 7: Unless otherwise extended by action of the Board of Aldermen, the existence of the
District shall automatically terminate if the District has not, within six months after
the effective date ofthis ordinance, duly approved and executed a binding cooperative
agreement with the City in substance and fonn acceptable to the City.
Section 8: Subject to Section Seven, the term ofthe existence ofthe District shall be a period of
twenty-five (25) years or until the entire cost of the eID Project (as defined in the
Petition) is reimbursed by the CID Sales Tax Revenue (as defined in the Petition).
The petition process must be rcpeated for the District to continue beyond twenty-five
(25) years.
Section 9: The City Clerk is hereby directed to prepare and file with the Missouri Department of
Economic Development (the "Department") the report specified in subsection 6 of
Section 67.1421 of the crD Act, substantially in the form provided by tbe
Department.
Section 10: It is hereby declared to be the intention of the Board ofAldermen that each and every
•
part, section and subsection of this Ordinance shall be separate and severable from
each and every other pal1, section and subsection hereof al1d that the Board of
Ordinance No. 2008~018 -2-
Page 2 of 4
141 005/027
06/16/2008 11:04 FAX
Aldermen intends 10 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.
Section 11: This Ordinance shall be in full force and effect from and after its passage and
approval.
I~cad, this first time on this 11 til day of February, 2008.
Read, this second time, passed and truly agreed to by the Bo
Missouri this 25 th day of February, 2008.
, , J.' Raeanne Presley
) .
Mayor
, \\
•
• Ordinance No. 2008-018
Page 3 of4
-3-
06/16(2008 11:03 FAX 141 001/027
• MTHROP
·······\;gACE
1845 South National
P.O. Box 4288
Springfield, Missouri 65808-4288
(417) 886-2000, Fax (417) 886-9126
Direct Dial Number www.lathropgage.com
J, Jeffries:(417) 877-5927
2345 Grand Boulevard, Suite 2800 230 Park Avenue, Suite 1847 314 East High Street
Kansas City, MO 64108-2612 New York, NY 10169 Jefferson City, MO 65101
(816) 292-2000, Fax (816) 292-2001 (212) 850-6220. Fax (212) 850-6221 (573) 893-4336, Fax (573) 893-5398
10851 Mastin Blvd, 370 17th Street. Suite 4650 4845 Pearl East Circle. Suite 300
Building 82, Suite 1000 Denver, CO 80202-5607 Boulder, CO 80301
Overland Park, KS 66210-1669 (720) 931-3200. Fax (720) 932-3201 (720) 931-3000, Fax (720) 931-3001
(913) 451-5100, Fax (913) 451-0875
The Equitable Building. Suite 1300 Pierre Laclede Center Franklin Square. Suite 1050
10 South Broadway 7701 Forsyth Boulevard, Suite 400 1300 Eye Street, NW,
SI Louis, MO 63102-1708 Clayton. MO 63105 Washington, D.C. 20005
(314) 613-2500, Fax (314) 613-2550 (314) 613-2800, Fax (314) 613-2801 (202) 962-0032. Fax (202) 962-0357
June 16,2008
From: James H. Jeffries Matter No.: 474300
"-----1
•
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Number of Pages Transmitted (inclUding this cover sheet): 27
Message:
If you have a problem receiving this facsimile, please call: (417) 877-5953 Fax Attendant: S, R. Dodds
CONFIDENTIALITY NOTE;
• The information in this facsimile message ("fax") is sent by an attorney or his/her agent, Is intended to be confidential and for the
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telephone and return it to the address above. Thank you.
SPFDDOCS 259199v1
141002/027
06/16(2008 11:03 FAX
• i ~.;.f5 Sf.): rl~ :\-\ ItO"-,;.:
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Junc 16.2008
[ VIA FACSIMILE
Facsimile Telephone No.
417-546-2519
:\/1 r. .f amcs Yust
Taney County Clerk
Taney County Courthouse
132 David Street
Forsyth. MO 65653
Re: FOI".~J'tl1C Road Community Improvement District
• Dear Mr. 'y\ISt:
Thank :;iOU for your assistance regarding the sales tax mail-in election for the
Forsythe Road Community Improvement District. Attached is the ordinance establishing
the district. I represent the property O\vner who petitioned to have the district fanned.
The board of directors has not yet authorized a sales tax, but could do so at their first
mccting, which has been scheduled for Thursday of this \vcek.
Best regards,
LATHROP & GAGE LC.
f\
, \ --:::.
j
l././{·". . .(··..."..
By: ,
JI'i;~1CS H. Jeffries
.JIU:srd
F,llclosurc
• Sf' F[)I)OCS 2923('5, I
• TANEY COUNTY ORDINANCE NO. 08-0616
AN ORDINANCE AUTHORIZING THE COUNTY COMMISSION TO
ESTABLISH STREET SIGN LOCATIONS AND REGULATE PARKING AND
SNOW REMOVAL WITHIN TANEY COUNTY, MISSOURI
THE COUNTY COMMISSION OF TANEY COUNTY, MISSOURI TO
PROMOTE THE PUBLIC SAFETY, HEALTH AND WELFARE, HEREBY
ORDAINS AS FOLLOWS:
1. Purpose. The Taney County Commission, in the interest of public safety,
welfare and convenience, hereby ordains that the County Highway
Administrator and the employees of the Taney County Road and Bridge
Department may place street signs for the control of traffic flow and parking,
at locations designated by the County Commission from time to time.
2. Commercial and Freight Vehicles. It shall be unlawful for any person or any
owner to leave, park, or let stand any road tractor, truck trailer, semi-trailer or
box truck, or any vehicle exceeding twenty five (25') in length, upon any
public street or public right of way within any part of the county. This section
shall not prevent the parking or standing of the above-described vehicles in
such zoned areas for the purpose of loading and unloading passengers, freight
• 3.
or merchandise.
Residential Restrictions. It shall be unlawful for any person or any owner to
leave, park, or let stand any mobile home, motor home, travel trailer, boat
trailer, stock trailer, or any other type of trailer upon any public street or
public right-of-way in the county within any residential area or where the
primary use is residential, except a recreational vehicle owned by an out-of-
town guest of a residential property owner may be parked on the street in front
of the property owned by such person for a period not to exceed five (5) days,
providing such parking does not impair the regular flow of traffic. A property
owner may park a trailer (not a semi-trailer) in front of property owned by
such person for a period not to exceed 24 hours, for a maximum of 72 hours in
a year, providing that such parking does not impair the regular flow oftraffic.
4. Narrow Roadways. The County Commission may cause to be erected signs
indicating no parking upon any street or parking on one side only when the
width of the roadway does not exceed thirty (30) feet. The general rule to be
followed by the County Highway Administrator is that when parking is
permitted only on one side of a street that runs east/west, there shall be no
parking along the eastbound side, which is the south side of the street. When
a street runs north/south and parking is permitted only on one side of the
street, parking shall be prohibited along the northbound side, which is the east
•
side of the street. The County Commission may depart from the general rule
in placing said signs when supported by the existing circumstances. The
• 5.
provisions of this ordinance apply only to those parking signs or areas
designated as such by the Taney County Commission or its authorized
representative.
No Parking. It shall be a violation of this ordinance to park a vehicle within
10 feet of a fire hydrant, within 10 feet of a crosswalk at an intersection, or
within 20 feet of a flashing beacon, stop sign, or traffic control signal device
located at the side of a roadway. Any curbing painted red at the direction of
the County Commission shall be considered a no parking zone at all times.
The presence or absence of such red curbing shall, however, not affect the
enforcement of the other parking regulations contained in this ordinance.
6. Exemptions. Sections 2,3,4 and 5 above shall not apply to street
construction, maintenance and repair equipment used by public service utility
companies and governmental entities engaged in repairing or extending public
service utilities or other infrastructure and to motor buses when taking on or
discharging passengers at customary bus stops.
7. Unregistered and inoperable vehicles. No unregistered or inoperable vehicle
may be parked, left or let stand upon a county road for more than forty-eight
(48) hours.
• 8. Penalty. The owner of record of any vehicle violating this ordinance shall be
charged with the violation by means of a citation, and it shall not be a defense
to a parking violation to show that a party other than the owner actually placed
the vehicle in the location. This shall apply in all cases except where the
vehicle has been stolen and reported as such prior to receiving the citation.
Anyone violating this ordinance shall be guilty of a misdemeanor, punishable
by a fine of not less than fifty ($50.00) dollars, nor more than one hundred
($100.00) dollars.
9. Enforcement. The Taney County Sheriff's Department is hereby charged to
enforce the provisions of this ordinance.
10. Towing authorization. Vehicles violating this ordinance, which pose a danger
to the public, constitute an obstruction to emergency vehicles, interfere with
County maintenance activity such as street sweeping, snow plowing, or street
repair, or pose a nuisance to any citizen by reason ofblocking access to or
from the citizen's private driveway, may be towed by the County at the
owner's expense. The vehicle may be impounded until all parking fines,
towing, and storage charges have been paid. Any vehicle, which is not
claimed after abandoned vehicle notice procedures required by state law have
been accomplished by the county, shall be sold at the discretion of the county.
•
11. Winter Parking Regulations. Except in compliance with the directions of a
law enforcement officer or in compliance with regulatory parking signs placed
• by law enforcement officers or employees of the County, no vehicles(s) shall
be parked on any street or highway in an unincorporated area of the County
during the period of time commencing 2 hours after the accumulation thereon
of two or more inches of snow and continuing thereafter until snow removal
or plowing has been completed. Ifvehicle(s), trailer(s), or other obstacle(s)
are not removed within two (2) hours of the first two (2) inches of snow, said
obstruction will be ticketed. If said vehicle(s) or obstruction is not removed
within twelve (12) hours of being ticketed, said vehicle(s) or obstruction(s)
will be towed and impounded at the owner's expense.
12. No Liability. The County and its agent shall not be liable for any damage or
loss to a vehicle or its contents if said vehicle is towed and impounded for
reason of a violation of this ordinance.
13. State statutes. The incorporation of state statutes within this ordinance shall
also include any amendments or replacement for said statutes.
This ordinance shall become effective immediately upon enactment.
ENACTED, ORDERED AND ORDAINED Tms lk DAY OF JUNE, 2008.
• TANEY COUNTY COMMISSION
~ommiSSioner
Ron Herschend, Western Commissioner
~
D anny Strah astern Commissioner
At~~ Donna Neeley
•
Taney County Clerk
06/16/2008 11:04 FAX !41 006/027
EXHIBIT 1
PETITION TO ESTABLISH THE
FORSYTHE ROAD COM.MUNITY IMPROVEMENT DISTRICT COMMUNITY
IMPROVEMENT DISTRICT
SEE ATTACHED
•
• Ordinance No. 2GQ8-018
Page 4 of 4
14I 007/027
06/16/2008 11:04 FAX
Exhibit 1
AMENDED PETITION TO THll: CITY OF BRANSON, TANEY CO-UNTY, MISSOURI
FOR THE CREATION OF THI~
FORSYTHE ROAD COMMlJNITY IMPROVEMENT I)ISTRICT
Originally Submitted November 26, 2007
Amended Petition Submitted January 11,2008
RefiledJf.I1JUdL-;Y--_ ~_, 2008
•
L------...---. . . . .
•
@008/027
06/16/2008 11:04 FAX
AMENDED PETITION FOR Tln~ CREATION OIt'TUI!:
FORSYTHE ROAD COMMUNITYIMPROVltMENT DISTRICT
To the Board of Aldermen of the City of Branson, Taney County, Missouri (the "City"):
The undersigned, being the owner of record owning one hundred percent (100%) by
assessed value of real property within the boundaries of the proposed Forsythe Road Community
Improvement District (the "District") and being one hundred percent (l00%) per capita of all
owners of real property within the boundaries of the District, do hereby petition and request that
the City create and establish a community improvement district as described herein to fund all or
part of the cost of services and improvements provided and made within the District under the
authority of Sections 67.1401 to 67.1571, RSMo (the "Community Improvement District Act" or
the "Act").
1. Legal Description and Map of District Boundaries; Property Arcas.
'fhc legal description of the District is at.tached hereto as ExhibiLo6,. A map illustrating
the District boundaries is- attached hereto as Exhibit B. The boundaries of the District are
contiguous.
2. Namc of District.
•
The name of the proposed district IS the Forsythe Road Community Improvement
District.
3. Siglllltures l'vlay Not Be Withdrawn Later Than Seven Days After Submittal.
Notice has been provided to all Petition signers that their signatures may not be
withdrawn later than seven (7) days after the filing of this Petition with the City Clerk.
This notice is included on each signature page attached to this Petition.
4. Five~Y e~lr Plan.
A five-year plan stating a description of the purposes of the District, the improvements it
win make, and an estimate of costs of these improvements to be incurred is attached
hereto as I::'xhibit c.
S. Type of District.
The District will be a political subdivision.
6. Board of Directors.
The District will be governed by a board of directors (the "Board") consisting of five (5)
directors, whose initial members and terms shall be:
• Russell L. Cook
2
4 years
14J009/027
06/16(2008 11:05 FAX
Bryan Starkey 4 years
Wanda Cook 2 years
Inez Starkey 2 years
Russell W. Cook. 2 years
Successive directors shall he appointed by t.he City.
7. Number of Directors.
Five voting directors shall serve on the Board. Each voting director shall, during his or
bel' entire. term, be a natural person, at least eighteen (18) years of age, a propcliy owner
or a business owner within the District, or Olherwise qualified for Board membership
under (he Act.
8. Total Assessed Value.
The total assessed value of all real propeliy located within the District is $122,980.00.
9. Determination of Blight.
The District does not seek a determination of blight.
10. Life of District.
• Subject to the provisions of Section 13 of this Petition, the District will continue to exist
and function for a period of twenty-five (25) years following the effective date of the
ordinance establishing the District, or until the entire cost of the CID Project, as such
term is defined on Exhibit C attached hereto and as amended by the Board, is reimbursed
by the elD Sales Tax Revenue, as hereinafter defined, whichever occurs first.
11. Maximum Rates of Business License Tax, Rca) Property Tax and Sales T~lX.
A. License and Real Estate Taxes.
The District will not impose business license taxes or re.al estate taxes.
B. Sales Taxes.
The District will impose a sales and use tax up to a maximum of one half of one
percent (OSYi).
12. Maximum Rates of Special Assessments and the "Method of Assessment.
No special assessments shall be imposed.
13. Limitations on Borrowing Capacity.
The District will not be limited in its authority to borrow funds or issue obligations.
• 14. Limitations on Revenue Genenltioll.
3
06/16/2008 11:05 FAX
141 010/027
The District \vill only have authority to levy sales and use taxes within the limitations·
described in this Petition.
IS, Other Limitations on District Powers.
The District will have the authority and powers granted to community improvement
districts as a political subdivision under the Act and as otherwise provided by law. The
District may enter into agreements with the City, other political subdivisions, for profit or
nonprofit organizations in order to carry out the District purposes and contribute to and/or
receive funds fi'om such entities for the purposes approved herein.
16. Annual Reports and Meetings.
'fhe District shall comply with the reporting and meeting requirements described 111
RSMo § 67.147 l, and acknowledges that such meetings shall be open to the public.
17. Ret-luest for Establishment.
The p8rties who have ex'ecuted this Petition respectfully request the Board of Aldermen
of the City of Branson, Missouri to establish the District.
19. Severability.
•
If any provision of this Petition shall be held or deemed to be invalid, inoperative or
unenforceable as applied in any particular case, or in all cases, because it conflicts with
any othex provision' or provisions of this Petition or for any other reason, such
circumstances shall not have the effect of rendering the provision in question inoperative
or unenforceable in any other case or circumstance, or of rendering any other provision
contained in this Petition invalid, inoperative or unenforceable to any extent whatsoever.
20. Signatures of all Petitioners. Following are the signature pages for each property owner.
By executing this Petition, the undersigned represent and warrant that they are authorized
to execute this Petition on behalf of the property owners named immediately below.
Signatures may not be withdrawn later than seven days after filing of this Petition with
the City Clerk.
• 4
[4J 011/027
06/16/2008 11:05 FAX
- - - - - - - -.. _-_._.--_.-._._-_._~ .. -
..1~ame of9\.yner _._ _ _ _ _ .Jhe TanStone q,rou2L.LL_(_:~ _
g.'.'~.ner's Tc!~phone !it.:l~nbe~____ 479-621-109_0__.._._ _~ _
Owner's Mailing Address 18942 State Hwy 13
Suite FJj}J2,
........ _ __ ._-_ _~------_ _._-.. Branson 'fV:I'o .. 65737- '--- ",,, __ _-_.-_
..-.-.. ..
. Name, Title of Signer Managers of the Member LLCs:
- WARBAL Properties, LLC by Chris DeJohn
.. RWCK, L.L.C. by Russell Cook or authorized
signatory
.........._ " ...,.-__ .. M&~T2evel~p~~~nt, I~!~.C by Bryan Stm:key . .
Basis ofSigller's Legal Authority to Sign Members ofLLC by their manager 01' authorized
_ _-,--__----'-- ---l--'S~'i!iiLl=:...la.!~ry .. .. __ _ _ _ _..
~ig11~(~.TeleJ?honc Number ... ._479-621-_1_00_0 . _ _. _
Signer's Mailing Address 18942 State 1-hvy 13
Suite FJf?t?2,
..•._. __...._
.... _-_....... . Branson---_._--- N1:o 65737 ....,..---
(..._Owner's Ty 2-_e of Entity
_ ._ _ Ljmited..~i ab ili!.L~omp~1Y -_ _ -
Owner's PWjJClty within District:
•
Signature Pages for LLC Members of The TanStone Group, LLC Follow
• 5
06/16(2008 11:06 FAX
l4J 0121027
The TallStonc Group, L.L.C. by the managing members thereof:
WARHAL Properties, LLC, an Arkansas limited liability company
,.,." OF. '-1I ! LI t"':dil
S·r Alb
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C01JNTY OF r-;:/!D}C\._ )
). ./
On this~tL. day of January, 2008, before me, a Notary Public in and f()[ said state,
personally appeared Chris J. Dejohn, Manager of WARBAL Properties, LLC, itself a managing
member of The TanStone Group, L.L.C., a Missouri limited liability company, by me personally
known, who states that he executed this petition on behalf of WARBAL Properties, LLC, and
with the express consent and direction of the Members thereof.
• II
Ll~tlfZtl' /? }6tt-\-( . . _J/U11b!ti~_ . .
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Notarv Public
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Printed Name: ~.L.L:--~~~!~.:..L-'
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My Commission Expires:
')/I!/\(;':'
,/ - 1- .. u I
CRYSTALMAR1ECRAMBLElT
Notary Public· Notary Seal
STATE OF MISSOURI
Stone Count>; - Comm.#05794076
My Commission ExpIres Nov. 14 2009
~""""""'~;''''''r.'J':l'lC
_ _"",,---rI;JI:O=--~
• 6
[4J 013/027
06/16(2008 11:06 FAX
RWCK, L.L.C., a Missouri limited liability company
On this ~;~~day of January, 2008, before me, a Notary Public in and for said state,
personally appeared Russell Cook, Manager of RWCK, L.L.C., itself a managing member of The
TanStone Group, L.L.c., a Missouri limited liability company, by me personally known, who
states that he executed said petition on behalf of RWCK, L.L.C., and with the express consent
and direction of the Members thereof. .
My Commission Expires:
• ___J. _~j~J _ ~(~L~l . _ _ ..
--~ ~---«~
CRYStAL MARIE CRAM8lETT 9
.
Notary Public - Notary Seal
STATE OF MISSOURf
Stone County - Comrn.#Q5794076
My Oom~~-!~~LNo::.:.~
J
~
I
• 7
I4J 014/027
06/16/2008 11:06 FAX
1\1&13 Development, LLC, an Arkansas limited liability company
./~~:/7 ' / /lit
~;;;lt;~-;, M~;~ C
STArE OF ~1VLU)1:ilJl<"'JL( )
COUNTY OF S. 11
"b)\..JL/
)) S8.
d£
On this day of January, 2008, before me, a Notary Public in and for said state,
personally appeared Bryan Starkey, Manager of M&B Development, LLC, itself a man<lging
member of The TanStone Group,L.L.C., a Missouri limited liability company, by me personally
kJ1o\,vrl, who states that he executed said petition on behalf of M&B Development, LLC, and with
the express consent and direction of the Members thereof.
My Commission Expires:
CRYSTAL MARIE CRAMBLETI
Notary Public - Notary Seal
STATE OF MISSOURI
Stone County - Comrn.#05794076
My CommissIon Expires Nov. ~4, 2009
• 8
06/16/2008 11:06 FAX [4J 015/027
OWNERSHIP MAP
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• 9
l4i 016/027
06/16/2008 11:06 FAX
CLERK'S RECEII>T OF PETITION
on the
rSEAL]
•
• 10
!41 017/027
06/16/2008 11:06 FAX
EXHIBIT A - DISTRICT LEGAL Dli:SCRIPTION
FORSYTHE ROAD COMMUNITY IMPROVEMENT DISTRICT
A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 23 NORTH, RANGE 21 WEST,
FIFTH PRINCIPLE MEIUDIAN, AND IN THE SOUTHEAST QUARTER OF THE
SOUTIIEAST QUARTER OF SECTION 36, TOWNSIIIP 23 NORTH, RANGE 22 WEST,
FIFTH PRINCIPLE MERIDIAN; AND ALSO A PARCEL OF LAND SITUATED IN THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TO\\1NSHIP
23 NORTH, RANGE 21 WEST, FIFTH PRINCIPLE MERIDIAN; AND ALSO A PIECE OF
LAND IN LOT 2 OF TIlE NOKIlIEAST FRACTIONAL QUARTER OF SECTION I,
TOWNSHIP 22 NOR'III, RANGE 22 WEST, FIFTH PRINCIPLE MERIDIAN, AND ALSO
THE WHOLE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 36, BRANSON, TANEY COUNTY, MISSOURI, EXCEPT FOR ROADS, AND
ALL THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN EXISTfNG IRON PIN AT THE SOUTHWEST CORt"\JER OF
THE NORTIIWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 31,
TO\VNSIIIP 23 NORTH, RANGE 21 WEST,
THENCE S(H °24'17"W, ALONG THE COMMON LINE BETWEEN SECTIONS 36
AND 31, 1309.40 FEET TO AN EXISTING IRON PIN AT A COMMON CORNER FOE
SECTION 36 TOWNSHIP 23 NORTI-l, RANGE 22 WEST, SECTION 31 OF TO\X/NSI-IJP 23
NORTH, RANGE 21 WEST, SECTION 6 TOWNSHIP 22 NORTH, RANGE 21 WEST AND
• SECTION 1 OF TOWNSHIP 22 NORTH, RANGE 22 WEST;
1
THENCE ALONG TFrE EAST LINE OF SAID SECTION 1, SOl °34 30"W, 736.78
FEET; THENCE LEAVING SAID EAST LINE, S5J026'36"W, 89.98 FEET; THENCE
N20051'09"W, 225.95 FEET; THENCE N88°23'lO"W, 331.44 FEET; THENCE SOr36'35"W,
108.01 FEET;
TflENCE N88°25'09"W, 74.99 FEET; THENCE SOlo38'12"W, 150.09 FEET TO t\
POINT ON THE NORTHERLY RIGHT OF WAY LINE OF HIGH\VA Y 76;
THENCE ALONG SAID NORTHERLY LINE, N70029'06''W, 17.21 FEET; THENCE
N70030'07''W, 87.69 FEET;
TlIENCE LEAVING SAID NORTHERLY LINE, NOlo42'47"E, 802.61 FEET TO A
POINT ON 'fBE SOUTH LINE OF SECTION 36;
THENCE ALONG SAID SOUTH LINE OF SECTION 36, N88°36'33"W, 650.1 5 FEET;
THENCE LEAVING SAID SOUTH LINE, NO] °43'29"E, AND GOING ALONG THE WEST
LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 36,1303.39 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE
O"F ROAlD( VALLEY ROAD;
THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING EIGI·n' (8) COURSES,
• 11
141 018/027
06/16/2008 11:07 FAX
90.69 FEE'r ALONG A 382.98 rOOT RADIUS, NON-TANGENT CURVE LEFT,
WHOSE CHORD BEARS S75°04'11 "E, 90.48 FEET;
S81°28'17"E, 132.54 FEET;
S82°32'03"E, 61.21 FEET;
166.63 FEET ALONG A 796.73 FOOT RADIUS, NON-TANGENT CURVE LEFT,
WHOSE CHORD BEARS N89°59'0l "E, 166.32 FEET;
N84°13'40"E, 104.36 F'EET; 226.36 FEET ALONG A 1154.88 FOOT RADIUS,
TANGENT CURVE LEFT, WHOSE CHORD BEARS N7·g037'55"E, 226.00 FEET;
N72°5W10"E, 566.59 FEET;
N72°58'4J liE, 952.11 FEET;
THENCE LEAVING SAID RiGHT OF WAY LINE, SOlo16'37"W, 497.70 FEET;
THENCE N88°35'22"\V, 904.40 FEET TO THE POINT OF BEGINNING;
CONTAINING 2,504,028 SQUARE FEET 57.48 ACRES MORE OR LESS, AND
BEING SUBJECT'TO ALL EASEMENTS, RESERVATIONS, COVENANTS, RIGHT
OF WAYS, RESTRICTIONS, AND RIGHTS OF WAY OF RECORD .
•
• 12
06/16/2008 11:07 FAX [4J 019/027
EXHIBIT B - (TD BOUNDARY MAP
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• 13
06/16/2008 11:07 FAX I4J 020/027
EXHIBITC
5-Year Plan
Forsythe Road Community Improvement District
Branson, Missouri
The information and details outlined in the following pages represents the strategies and activities \(1 be. IIm\elt<lke.n dUling the initial five-years
of the !)loposed Forsythe Road Community Improvement District (CID) in the City of Branson, Millsouri.
October 2007
06/16/2008 11:07 FAX [4J 021/027
Forsythe Road Community Improvement District
Five-Year Plan
. )
TABLE OF CONTENTS
L Overview
2, District Mission, Goals and Objectives
3. Fivc~ Year Plan
4. Project Budget
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1- Forsythe Road Community Improvement District
. Pive·¥earPlan
I. OVERVIEW
Property proposed for inclusion in the Forsythe Road Community Improvement District (the
"CID") is owned by the Tanstone Group, LLC. The property is in the City of Branson, Taney
County, Missouri and is located on Porsythe Road near Highway 76. The Tanstone Group
will be acting as the developer (the "Developer") of the site.
In order to remediate certain difficult conditions within the CID boundaries and to help recover
extraordinary development cost such as those identified later in this Plan, the Developer
proposes the use of aCID. 'I'he District intends to impose a CID Sales Tax of up to one half of
one percent (0.5%) on all retail sales within the District to be reinvested in eligible project
costs.
'To help facilitate the dcvelopment, a number of improvemcnts must be made to the site. More
specifically; these improvements include:
1. Site preparation and grading;
2. Infl'astructure improvements and construction (road, water, sewer, storm water, electric,
telecommunications, etc ... );
3. Installation of landscaping and lighting; and
4. Accompanying professional fees, including without 1irnitation engineering (civil,
traffic, road design and geotec1mical), surveying, soil testing, legal, architectural,
planning, and administrative (project management, contract administration and
administration of the proposed District).
The property owner has developed a plan for implementing the project improvements utiliz.ing
a community improvement district. This five-year plan outlines the goals and objectives for
the District and the activities to achieve. them.
n. MISSION, GOALS AND OnJI~CTlVES
MISSION
The mission of the District is:
To transform the undeveloped property into a vibrant, multi-tenant commercial development,-
improve business development opportunities; and enhance property values by the
implementation 01 coordinated project improvements that will benefit the comrrzunity, property
owners, business owners, residents, and visitors to the District
GOALS AND OnJF:c.I'IVES
A. ORGANIZATJONAL GOAL
Provide for the effective administration and financial sustainability of the District to SUppOI1
the development and any complimentary activities.
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Forsythe Road Community Improvement District
Five· Year Pl~n
1. OBJECTIVE:
a. Create the District as a means to establish a financially sustainable funding base for
project improvements identified in the five-year plan.
b. Prepare notifications and obtain approvals from local government entities regarding
formation of the District to allow for implementation of funding mechanisms.
2. OBJECTIVE:
a. Develop communications strategies to convey information regarding the direction
and activities of the District.
b. Facilitate coordination among the developer, businesses, and local government.
B. COM.MUNITY CHARACTER IMPROVEMENT GOAL
Establish the District as an inviting place for residents, shoppers, and businesses by enhancing
visual appeal, sense of place, and safety throughout the District.
1. OBJECTIVE:
a. Address development conditions present within the District.
b. Enhance user-friendly clements and features into the District, including enhancements
to site furnishings, site lighting, and landscaping treatments, building elevations,
entrances, parking improvements, etc.
2. OBJECTIVE:
Integrate design features into the development that encourage:) community-wide use.
C. INFRASTHUCTlJRE AND IMPROVEMENT GOAL
a. Enhance the visual appeal, sense of place, and safety throughout the District.
b. Provide or cause to be provided for the benefit of the District, certain improvements
and services described below.
1. OBJECTIVE:
a. Prepare the development site with improved entrances, parking surfaces, and
landscaping to present a street level appearance that will draw customers and improve
the visual appearance of the District;
b. Develop and construct infrastructure for utilities, access to and circulation within the
District;
c. Develop and implement a comprehensive image, marketing and promotions program;
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.1 Forsythe Road Community In1provementDistrict
Five-Year Plan
d. Plan, organize, and fund annual and special events benefiUng the District;
c. Make and entcr into contracts and other instruments, with public and private entities,
necessary or convenient to exercise. its powers and carry out its duties pursuant to the
Act;
f Provide assistance to or to construct, reconstruct, install, repair, maintain, and equip
certain public improvements, including, but not limited to, reconstruction of Forsythe
Road between Highway 76 and Roark Valley Road, reconstruction of portions of Roark
Valley Road more or less along the n0I1hern boundary of the district, other roads
connecting to external roadways, all internal roadways, utility extensions, and
intersection improvements all as necessary to provide access to the District The scope
of the improvements include:
L Site preparation and grading;
2. Infrastructure improvements and construction (road, water, sewer, storm
water, electric, telecommunications, cost of utility relocation, traffic control
during and after construction, etc... ); and
3. Installation of landscaping, signage and lighting; and
g. Support business activity and economic development in the District, including but not
limited to the promotion of business activity, development, and retention.
IlL Five-Year Plan
A. YI~AR ONE:
In its firsl year, the District will oversee initiation of the engineering and design of project
improvements. Ci,ty approval for appropriate elements of the project list will be obtaincd in
order to proceed to construction.
The District will monitor progress of project improvements and perform on-going
administration and oversight of the District funds. It is anticipated that notes may be issued to
finance the projects after their completion. The District anticipates that it will issue notes for
any costs associated with the authorized projects. The District will contract for administrative
duties that include registration of property owners, new tenants, and ong()ing oversight and
monitoring of District activities.
n. YKA}< Two:
Implementation of the eID sales tax is expected to occur in 2008. In the second year of
existence, the District will monitor progress on the continued marketing and development of
the retail uses within the District. The District will also monitor any unfinished projects listed
in year one.
The District will also remit any net proceeds of sales tax collections to the Trustee for note
payments.
C. YEAH THrum:
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Forsythe Road COIumllnily Improvement District
Five-Year Plan
In the third year of existence, the District will monitor progress on the continued m.arketing and
development of the retail uses within the District.
The District will aiso remit collected net sales tax proceeds to the. Trustee for note payments.
BegilU1ing in 2009, the District will closely monitor cash flow in lU1ticipation of issuing bonds
to refund the noles. Cash flow projections will be updated as part of this review. The District
will issue bonds to refund its notes.
D. YEAR FOUR~
In the fourth year of existence, the District will monitor progress on the continued marketing
and development and the District.
The District will also remi1' net proceeds of sales tax collections to the Trustee for payment of
its obligations.
E. YEAR FIVg:
In the fifth year of existence, the District will monitor progress on the continued marketing and
development of the District. The District will also remit collected net sales tax proceeds to the
Trustee for payment of its obligations. Once the District repays any outstanding obligations, it
is anticipated the ClD sales tax will be eliminated.
IV. Project ImprovcmcntBudget
Project Descriptions Estimated Cost
1. Improvement Project 1 - Site Preparation $ 2,000,000
(Grading, blasting, hnuling, and site preparation costs)
2. Improvement Project 2 - Road Construction $ 1,650,000
(I.and and construction for roadways, retaining wal1s, and roundabout)
3. Improvement Project 3 - Infrastructure Construction $ 750,000
(Construction of storm sewers, sidewalks, sewer, water, electric, and
telecommunication lines)
4. Improvement Pro,ject 4 - Landscaping Features and $ 250POO
Enhancements
S. Professional Fees $ 250,000
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Forsythe Road Community Improvement District
Five-Yell[ Plan
(Legal, planning, engineering, architectural, and other
\,
\ professional fees)
}
6. General COliditiol1s, Overhead, and Contingency (7%)
Preliminary Pl"oject Cost Total:
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City Clerk Verification
Pursuant. t.o sections 67.1401 to 67.1571 of the Revised Statutes of Missouri (the I'CID
Ad"), I, I,isa West.fall, Cit.y Clerk of the Cit.y of Branson, Missouri, st.ate the following:
1. A petition to form the Forsythe Road CommUllity Improvement District
was filed with the City Clerk on the 25 1h day of January 2008.
1h
2. I have reviewed the petition and have determined on the 6 day of
February 2008, which docs not exceed ninety days after receipt of
the petition, that the petition substantially complies with the requirements
of Section 67.1421.2 of the CID Act.
3. On the 7 th day of February, 2008, I delivered the verified
petition to the City Council.
Date: February 7, 2008
~~~cde-
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City Clerk
City of Branson, Missouri
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