Kanawha

Legal Notices

CITY OF SOUTH CHARLESTON NOTICE OF PUBLIC HEARING FOR ORDINANCE TO CREATE ECONOMIC OPPORTUNITY DEVELOPMENT DISTRICT AND TO LEVY SPECIAL DISTRICT EXCISE TAX Pursuant to W. Va. Code 8-11-3 and 8-11-4, a public hearing will be held by the City Council of South Charleston, West Virginia (the “City”), on the following entitled Ordinance on the question of whether the City should create an economic opportunity development district, known as the South Charleston Park Place Economic Opportunity Development District (the “EOD District”), for the purposes of: (i) improving and expanding Jefferson Road-WV 601 from U.S. 60 (MacCorkle Avenue) to WV 214 (U.S. 119 Corridor); (ii) constructing an extension to RHL Boulevard from the South Charleston Memorial Ice Arena to Jefferson Road; (iii) site development and public improvements at the West Virginia Regional Technology Park; and (iv) paying engineering, administrative and other professional costs related to the aforementioned projects (collectively, the “Approved Projects”) as approved by the West Virginia Development Office upon application in 2017 and whether the City should levy the special district excise tax in support of the EOD District. At a regular meeting of the City Council to be held at 7:30 p.m. July 2, 2020, in its Chambers at City Hall, 401 D Street, South Charleston, West Virginia, all parties and interested persons may participate via teleconference (dial 1-712-832-8330, the Access Code is 7402277) before the City Council and be heard as to whether the Ordinance shall be put into effect and to express their views on the proposed EOD District and the levying of the special district excise tax and at such hearing all objections and suggestions shall also be heard and the City Council shall then take such action as it shall deem proper in the premises upon an Ordinance entitled: AN ORDINANCE AUTHORIZING THE CREATION OF THE SOUTH CHARLESTON PARK PLACE ECONOMIC OPPORTUNITY DEVELOPMENT DISTRICT FOR THE PURPOSES OF DEVELOPING AND FINANCING ECONOMIC DEVELOPMENT PROJECTS, AS APPROVED BY THE WEST VIRGINIA DEVELOPMENT OFFICE, INCLUDING (i) IMPROVING AND EXPANDING JEFFERSON ROAD-WV 601 FROM U.S. 60 (MACCORKLE AVENUE) TO WV 214 (U.S. 119 CORRIDOR); (ii) CONSTRUCTING AN EXTENSION TO RHL BOULEVARD FROM THE SOUTH CHARLESTON MEMORIAL ICE ARENA TO JEFFERSON ROAD; (iii) SITE DEVELOPMENT AND PUBLIC IMPROVEMENTS AT THE WEST VIRGINIA REGIONAL TECHNOLOGY PARK; AND (iv) PAYING ENGINEERING, ADMINISTRATIVE AND OTHER PROFESSIONAL COSTS RELATED TO THE AFOREMENTIONED AS FURTHER DESCRIBED IN THE APPLICATION FOR THE ECONOMIC OPPORTUNITY DEVELOPMENT DISTRICT APPROVED BY THE WEST VIRGINIA DEVELOPMENT OFFICE; AUTHORIZING THE IMPOSITION OF A SPECIAL DISTRICT EXCISE TAX ON THE PRIVILEGE OF SELLING TANGIBLE PERSONAL PROPERTY AND PROVIDING SELECT SERVICES WITHIN THE ECONOMIC OPPORTUNITY DEVELOPMENT DISTRICT; CREATING THE ECONOMIC OPPORTUNITY DEVELOPMENT DISTRICT BOARD; AND ESTABLISHING THE PROCEDURES FOR COLLECTING AND DEPOSITING THE SPECIAL DISTRICT EXCISE TAX REVENUES FROM THE ECONOMIC OPPORTUNITY DEVELOPMENT DISTRICT. (1) The Ordinance creates the EOD District, which includes real and certain personal properties with the following description: Beginning at a point in the centerline of Chestnut Street extended to the low water mark of the Kanawha River; thence with said low water mark of the Kanawha River; approximately 20,270 feet to a point on the westerly side of Patrick Street Bridge; thence southwesterly along the westerly side of Patrick Street Bridge extended approximately 883 feet to a point in the northerly right of way line of Interstate 64; thence along the said northerly line of Interstate 64 approximately 4,605 feet to a point on the easterly side of Montrose Drive; thence northwesterly crossing said Montrose Drive approximately 293 feet to a point on the south side of First Avenue; thence southwesterly along said south side of First Avenue approximately 3,114 feet to a point in the center of F Street; thence southeasterly crossing the railroad tracks and Interstate 64 approximately 393 feet to a point on the southerly side of Kanawha Turnpike; thence southwesterly along the southerly line of said Kanawha Turnpike approximately 179 feet to point in the centerline of Valley Drive; thence southerly with the centerline of said Valley Drive approximately 1,600 feet to a point being the southeast corner of tax map 32 parcel 3.1 in South Charleston district; thence with the southerly lines of said tax map 32 parcel 3.1 approximately 1,912 feet to a point in the centerline of Angus E. Peyton Drive; thence with the center line of said Angus E. Peyton Drive approximately 126 feet to a point being the southwest corner of tax map 32 parcel 1.2 South Charleston district; thence southeasterly approximately 150 feet to a point being the northwest corner of tax map 34 parcel 1; thence with the westerly and southerly parcel lines of tax map 34 parcels 1, 1.2, 101, 101.1, and 102 approximately 668 feet to a point being the southwest corner of said parcel 102; thence in a southerly direction approximately 50 feet to a point in the northerly line of tax map 42 parcel 1.4; thence with said northerly line of parcel 1.4 in an easterly direction approximately 795 feet to a point being the northwest corner of tax map 42 parcel 1; thence with the parcel lines of said tax map 42 parcel 1 in an easterly, southerly, and westerly direction approximately 8,275 feet to a point being the northeast corner of tax map 42 parcel 1.1; thence with said tax map 42 parcel 1.1 in a southerly and northwesterly direction approximately 5,522 feet to a point in the northerly line of U.S. Route 119 near Jefferson Road; thence southerly crossing said U.S. Route 119 approximately 527 feet to a point in the southerly line of U.S. Route 119; thence southwesterly with the southerly right of way line of U.S. Route 119 approximately 27,500 feet to a point being the northeast corner of tax map 12 parcel 5.1 Washington District; thence leaving said U.S. Route 119 and with said tax map 12 parcel 5.1 approximately 420 feet to a point in the easterly line of tax map 45 parcel 11 South Charleston District; thence with the easterly lines said tax map 45 parcels 11 and 11.4 to a point in the centerline of Summer Place; thence with the centerline of said Summer Place approximately 1,440 feet to a point in the center of Rabel Mountain Road; thence with the centerline of said Rabel Mountain Road approximately 775 feet to a point corner to tax map 45 parcel 12 South Charleston District; thence with the southerly lines of said tax map 45 parcel 12 for approximately 1,710 feet to a point being the southeast corner of tax map 13 parcel 89.4 Washington District; thence with the said southerly lines of tax map 13 parcel 89.4 approximately 6,504 feet to a point in the southerly line of U.S. Route 119 and also being the eastern most point of tax map 13 parcel 179 Washington District; thence with the said southerly line of U.S. Route 119 and the northerly line of tax map 13 parcel 179 in a westerly direction approximately 2,600 feet to a point being the westernmost corner to said tax map 13 parcel 179; thence due west crossing said U.S. Route 119 approximately 425 feet to a point in the northerly line of said U.S. Route 119; thence with the northerly line of said U.S. Route 119 approximately 5,250 feet to a point being the southerly corner of tax map 45 parcel 3.1 South Charleston District; thence leaving said U.S. Route 119 and with the southerly and westerly parcel lines of said tax map 45 parcels 3.1, 3.2, 3.3, and 3 and crossing Childress Road approximately 2,165 feet to a point in the centerline of W. Va. Route 214 being corner to tax map 45 parcel 1 South Charleston District; thence in an easterly direction with said W. Va. Route 214 approximately 430 feet to a point being the northwest corner of tax map 11 parcel 61 Washington District; thence leaving said W. Va. Route 214 and running with the westerly line of said parcel 61 and also with the southerly parcel lines of tax map 11 parcels 61, 63, 64, and 65 approximately 2,565 feet to a point in the westerly line of U.S. Route 119; thence with the said westerly line of U.S. Route 119 approximately 7,530 feet to a point in the center of W. Va. Route 214; thence with the said centerline of W. Va. Route 214 approximately 3,700 feet to a point in the center of said W. Va. Route 214 and being the southwesterly point of tax map 5b parcel 11.4 Loudon District; thence leaving said centerline and running with the southerly lines of said tax map 5b parcel 11.4 approximately 365 feet to a point in the westerly line of U.S. Route 119; thence with the said westerly line of U.S. Route 119 approximately 2,950 feet to a point being the southeast corner of tax map 40b parcel 2 South Charleston District; thence leaving said U.S. Route 119 in a westerly direction with the southerly lines of tax map 40b parcels 1, 2, and 3 approximately 376 feet to a point being the southeast corner of tax map 32 parcel 2 Spring Hill District; thence with said southerly line of tax map 32 parcel 2 in a westerly direction approximately 302 feet to a point in the southerly line of tax map 32 parcel 1 Spring Hill District; thence with the said southerly line and the westerly line of said tax map 32 parcel 1 approximately 6,530 feet to a point being the southeasterly corner of tax map 5 parcel 9 Loudon District; thence with the southerly and westerly line of said tax map 5 parcel 9 approximately 5,245 feet to a point being the northeast corner of said tax map 5 parcel 9 and being in the westerly line of tax map 30 parcel 37 Spring Hill District; thence with the westerly line of said tax map 30 parcel 37 approximately 6,030 feet to a point being the northwest corner of tax map 30 parcel 36.3 Spring Hill District; thence with the northerly line of said tax map 30 parcel 36.3 approximately 400 feet to a point being the southwest corner of Mathias Lane and the Kanawha Turnpike; thence in a northwesterly direction crossing said Kanawha Turnpike and railroad tracks approximately 125 feet to the southeast corner of tax map 9 parcel 147 Spring Hill District and being in the northerly right of way of said railroad; thence westerly with the said northerly right of way line of the railroad approximately 5,061 feet to a point in the centerline of Chestnut Street; thence leaving said railroad and with centerline of said Chestnut Street approximately 1,540 feet to the place of beginning containing approximately 3,100 acres more or less. (2) The Ordinance authorizes and levies a special district excise tax on the privilege of selling tangible personal property and rendering select services in the EOD District and sets the rate of 6% (six percent), identical to the consumers sales and service tax imposed in W. Va. Code 11-15-1, et seq.; provided, that such rate may change if the Legislature modifies W. Va. Code 11-15-1, et seq. The State Tax Commissioner will administer, assess, collect, and enforce the special district excise tax. (3) The Ordinance creates the economic opportunity development district fund (the “City of South Charleston Park Place Economic Opportunity Development District Fund”). (4) The Ordinance creates the “City of South Charleston Economic Opportunity Development District Board” (the “EOD District Board”). (5) The Ordinance approves the EOD District proposed projects including (i) improving and expanding Jefferson Road-WV 601 from U.S. 60 (MacCorkle Avenue) to WV 214 (U.S. 119 Corridor); (ii) constructing an extension to RHL Boulevard from the South Charleston Memorial Ice Arena to Jefferson Road; (iii) site development and public improvements at the West Virginia Regional Technology Park; and (iv) paying engineering, administrative and other professional costs related to the aforementioned (collectively, the “Approved Projects”) as approved by the West Virginia Development Office upon application in 2017. Upon creation of the EOD District, the City may in the future issue special district excise tax revenue bonds to finance up to $90,000,000 of the costs associated with the Approved Projects. No financing shall occur without separate action by the City Council. A certified copy of the above-entitled Ordinance is on file at the office of the Mayor at City Hall, 401 D Street, South Charleston, West Virginia, for review by interested persons during regular office hours. Dated: June 18, 2020. CITY OF SOUTH CHARLESTON By: /s/ Margie Spence City Clerk LC-94145 06-25;2020