Neighborhood Improvement Districts (NID) Information

NID Information Sections

Definitions
Application Process
Petition Process
Order to Proceed & Bidding Process
Construction Process & Costs

Definitions

NID: Neighborhood Improvement District as defined and under the authority of Sections 67.453 to 67-475, inclusive, RSMo. (The "Neighborhood Improvement District Act")
NID Coordinator: An employee of the County of Boone
Order to Proceed: Order issued by County Commission directing Resource Management to proceed with finalization of plans and specifications
Order to Proceed with Construction: Order issued by Resource Management to the successful bidding contractor directing contractor to proceed with construction on a date certain
Project Cost: Total cost of the NID Project/Improvement including actual construction costs, direct costs to the County, fees authorized by statute, indirect costs as determined annually by the County Auditor, interest on short term notes issued to finance the project/improvement and Bond Issuance Costs, reduced by any contractual reimbursements received from participating entities not included within the legal boundaries of the Neighborhood Improvement District.

The terms "Project" and "Improvement" are used interchangeably.

Application Process

Resource Management shall provide an Application for Petition To Form Neighborhood Improvement District to an applicant. The applicant must be an owner of real property within the proposed NID which is the subject of that application.

The applicant shall return Application to Resource Management. Applicant shall meet with NID Coordinator for concept review.

The NID Coordinator shall provide a copy of the application to the Commission.

Petition Process

The NID Coordinator shall develop and prepare Petition for the Creation of a Neighborhood Improvement District which shall contain the following:

The project name for the proposed improvement.
The general nature of the proposed improvement.
The estimated cost of such improvement.
The boundaries or legal description of the proposed neighborhood improvement district to be assessed.
The proposed method or methods of assessment of real property within the district.
A notice that the names of the signers may not be withdrawn later than seven days after the petition is filed with County Clerk.
A notice that the final cost of such improvement assessed against real property within the district and the amount of general obligation bonds issued therefore shall not exceed the estimated cost of such improvement, as stated in such petition, by more than twenty-five percent (25%).
Names and mailing addresses of all property owners within proposed district according to the records of the Boone County Assessor.
Each Petition shall contain the following affidavit by property owners:

"The undersigned, being the owners of record of ore than two-thirds (2/3) by area of all real property within the hereinafter described neighborhood improvement district, do hereby petition and request that the Boone County Commission create a neighborhood improvement district as described herein and incur indebtedness and issue general obligation bonds of the County to pay for all or part of the const of public improvements within such district, the cost of all indebtedness so incurred to be assessed against the real property within said district benefited by such improvements, under the authority of Sections 67.453 to 67.475, inclusive, RSMo (the Neighborhood Improvement District Act)."
Each petition shall contain the following affidavit by the circulator(s):

"______________________________________, a property owner of record of the proposed neighborhood improvement district herein, being first duly sworn, hereby say that the above and foregoing signed this petition and each of them signed his/her name thereto personally in my presence; I believe that each has accurately stated his/her name and property location, and that each signed is a property owner of record of the proposed neighborhood improvement district herein described.

Signature of Affiant: ______________________________

Printed Name & Address of Affiant: ______________________________

Subscribed to and sworn to me this _____ day of __________ 20_____

Signed: ______________________________

(Notary Seal)
My Commission expires: _______________________"

The NID Coordinator shall schedule a neighborhood meeting and mail notices of such meetings to the owners of all real property within the proposed NID. The NID Coordinator shall deliver the petition to property owners at the neighborhood meeting. Petition circulator(s) are recruited at meeting.

Circulator(s) shall return completed petition(s) to Resource Management.
If petition(s) are not returned to Resource Management by circulator(s) within one year of delivery, project may be terminated or suspended.
Resource Management shall submit completed petition(s) to Clerk for verification and certification of signatures.
Petitions shall be verified by the Clerk using the ownership records of the Boone County Assessor as of the date the petitions are submitted by Resource Management to the Clerk. Petitions shall be deemed valid if they contain the signatures of the owners of at least 2/3 by area of the property within the Neighborhood Improvement District as described in the petition. Clerk shall certify to the Commission as to the validity of petition(s).
County Clerk shall schedule Commission meeting to determine advisability of forming the Neighborhood Improvement District (Petition circulator(s) will be notified).
Project will not be approved if the owner of any real property within the proposed district is delinquent in county property taxes. NID Coordinator shall determine whether any such delinquency exists and report to the Commission.
County Commission may issue order establishing NID.
If County Commission issues an order establishing the NID, NID Coordinator shall notify the Treasurer and the Auditor of the Estimate of Project Cost as shown in the Petition.
The NID Coordinator shall prepare and the Clerk shall mail Notice of Hearing and statement of Cost Proposed to be Assessed to the owner(s) of each individual lot/tract and the Clerk shall publish Notice of Hearing in a general circulation newspaper between 20 and 10 days before Hearing.
The Commission shall hold a public hearing and may issue an "Order To Proceed" with final plans and specifications. In addition, the Commission may order the Treasurer to finance the project with Temporary Notes and/or Inter-fund transfers and/or General Obligation Bonds and may pass a resolution determining its intent to reimburse the County for Certain Capital Expenditures. This Hearing is the last opportunity for public comments.

Order to Proceed & Bidding Process

If County Commission issues an "Order to Proceed":

The NID Coordinator shall provide both the Auditor and the Treasurer with copies of the "Order to Proceed". The NID Coordinator shall report to the Auditor all costs incurred to date. The Auditor shall establish the NID fund on the County's General Ledger and record the project budget. The Auditor shall prepare the necessary journal entries to record inter-fund borrowing and/or temporary notes for initial financing and route the same to the Treasurer for final approval. Costs incurred to date shall be paid at this time, as directed by the Auditor.
Resource Management shall develop final plans and specifications and acquire easements and/or rights-of-way required for project. After final plans and specifications are developed and easements and/or rights-of-way are acquired, Resource Management shall develop a Construction Bid Request.
Requests for bids shall be advertised by Boone County Purchasing.
Resource Management shall schedule and host a Pre-Bid Conference for potential bidders.
The Clerk shall schedule and the Commission shall conduct bid opening.
Resource Management shall schedule and host a pre-bid conference for potential bidders.
The Clerk shall schedule and the Commission shall conduct open biding.
Resource Management shall schedule a Commission Meeting and recommend award of contract. The Commission may award contract to contractor submitting lowest and best bid.
If construction contract is awarded, NID Coordinator shall deliver to successful bidder and to the Clerk fully executed Notice of Award, Construction Contracts and Notice to Proceed with Construction.
NID Coordinator shall report to Treasurer the date of the Notice to Proceed with Construction. The Auditor shall prepare journal entries to transfer the balance of the financing proceeds and route the same to the treasurer for final approval.

Construction Process & Costs

Resource Management shall oversee construction on site.
After construction of the improvement has been completed in accordance with the plans and specifications thereof, the NID Coordinator shall notify the Auditor that the project is complete and shall provide to the Auditor documentation for reimbursable costs to various County departments and the amounts for recording liens and notices against properties in the NID. The Auditor shall then tabulate final costs and certify same to the NID Coordinator. The NID Coordinator shall then present a report to the Commission detailing the assessment roll and final cost of the project as certified by the Auditor. The Commission shall then compute the final costs of the improvement and apportion the costs among the property benefited by such improvement in such equitable manner as the Commission shall determine, charging each parcel of property with its proportionate share of the costs, and by resolution, assess the final cost of the improvement or the amount of general obligation bonds issued or to be issued therefore as special assessments against the property described in the assessment roll. The Commission shall order the clerk to send notices of such assessment to the property owners within that NID. Owners shall then have 30 days to pay their respective NID bills. If bills are not paid within 30 days they shall become a lien on the property and are set up for 10 year financing. The County may issue 10 year bonds to finance remaining balance. Bond issuance cost is added to project cost. The next NID tax bill after such bonds are issued will reflect the additional bond issuance costs.
Upon approval by the Director, the NID Coordinator shall recommend that the Commission accept the roads/streets for County Maintenance and accept any easements and/or acquisitions of land which were acquired for the NID Project/Improvement.
If accepted by the Commission, the NID Coordinator shall provide copies of Acceptance Certificate and detailed location description to Public Works Maintenance Operations Manager. Public Works shall then assume all future maintenance of the roads which were the subject of the NID.
Once the County issues 10 year bonds, the County is obligated to pay interest on those bonds for 10 years, therefore, property owners who do not pay their NID bills before such bonds are sold are obligated for 10 years worth of interest. Property owners may pay off in less than 10 years to have lien released, however, any such payoff will reflect 10 years worth of interest.