[Ord. No. 1420 §1(1), 6-20-2000; Ord. No. 1557 §1, 4-4-2005]
This Chapter shall be known and may be cited and referred to
as the "Rock Hill Urban Redevelopment Procedures Chapter".
[Ord. No. 1420 §1(2), 6-20-2000; Ord. No. 1557 §3, 4-4-2005]
It is hereby found, determined and declared by the Board of
Aldermen of the City, that in certain residential, commercial and
industrial portions of the City, obsolete, deteriorating, substandard,
insanitary or blighted areas exist, occasioned by age, obsolescence,
inadequate planning, outmoded design or physical deterioration, excessive
or unproductive land coverage, lack of appropriate light, air, open
space, defective design or arrangement of buildings, lack of proper
support facilities or existence of obsolete, inadequate, outmoded
and poorly designed or physically deteriorated buildings and have
become economic and social liabilities and such conditions are conducive
to ill health, transmission of disease, crime or inability to pay
reasonable taxes, have impaired the economic value of areas infecting
them with blight characterized by depreciated values, impaired investment,
reduced income and consequential inability to pay reasonable taxes,
that the assembly of buildings in blighted areas is essential for
the clearance of blight, replanning, reconstruction and redevelopment
for the removal of blight; that the existence of such conditions and
the failure to clear, replan, rehabilitate, reconstruct or redevelop
these areas results in progressive deterioration, causes a wasteful
expenditure of public funds for policing, and occasions large outlays
for the creation and maintenance of public facilities and services;
that such conditions require the employment of capital on an investment
basis and the redevelopment of such areas under proper supervision
with appropriate planning as to land use, traffic circulation and
construction, that the clearance, replanning, rehabilitation, reconstruction
and redevelopment of such areas on a substantial scale are necessary
for the removal of blight and for the public welfare; that such obsolete,
deteriorating, substandard, unsanitary and blighted areas constitute
a menace to the health, safety, morals and welfare of the citizens
of the City. It is necessary to encourage the removal of blight and
to provide procedures for its removal. The removal of blight and the
procedures hereby adopted are determined to be in the public interest.
[Ord. No. 1420 §1(3), 6-20-2000; Ord. No. 1557 §4, 4-4-2005]
The provisions of the "Urban Redevelopment Corporations Law",
are hereby accepted and shall apply to and govern the City and all
353 Corporations in connection with Redevelopment Plans and Redevelopment
Projects under this Chapter.
[Ord. No. 1420 §1(4), 6-20-2000; Ord. No. 1557 §2, 4-4-2005]
As used in this Chapter, the following terms shall mean:
That portion of the City which the Board of Aldermen has
found or shall find to be blighted so that the clearance, replanning,
rehabilitation or reconstruction thereof is necessary to effectuate
the purposes of the Urban Redevelopment Corporations Law and this
Chapter. Any such area may include buildings or improvements not in
themselves blighted, and any real property, whether improved or unimproved,
the inclusion of which is deemed necessary for the effective clearance,
replanning, reconstruction or rehabilitation of the area of which
such buildings, improvements or real property form a part.
Those portions of the City which the Board of Aldermen shall
determine that, by reasons of age, obsolescence, inadequate or outmoded
design or physical deterioration, have become economic and social
liabilities and that such conditions are conducive to ill health,
transmission of disease, crime, or inability to pay reasonable taxes.
The Board of Aldermen of the City of Rock Hill, Missouri.
The City of Rock Hill, Missouri.
The Planning and Zoning Commission of the City of Rock Hill,
Missouri.
An urban redevelopment corporation organized under and pursuant
to the provisions of the Urban Redevelopment Corporations Law.
A person contracting with the City to undertake redevelopment
of a blighted area pursuant to the provisions of this Chapter.
The written statement of the impact on ad valorem taxes required
by Subsection 353.110.3(1) of the Urban Redevelopment Corporations
Law, mailed to each political subdivision whose boundaries for ad
valorem taxation purposes include any portion of the blighted area,
mailed to each such political subdivision not less than seven (7),
nor more than thirty (30) days prior to a public hearing.
Any individual, firm, partnership, joint venture, association,
corporation, whether organized for profit or not (including a 353
corporation), estate, trust, business trust, receiver or trustee appointed
by any State or Federal court, syndicate, limited liability company
or any other group or combination acting as a unit, and shall include
the male as well as the female gender and the plural as well as the
singular number.
Notice posted on the bulletin board(s) at the City Hall provided and customarily used for posting notices of the Board of Aldermen meetings in accordance with the Missouri Open Meeting Law, Sections 610.010 et seq., of the Missouri Revised Statutes, as amended.
The public hearing required by Sections 353.060 and 353.110.3
of the Urban Redevelopment Corporations Law, at which all affected
persons and political subdivisions shall have the right to be heard.
An agreement by and between the City and a developer to effectuate
a redevelopment project, which is authorized by the Board of Aldermen
by ordinance.
A plan, together with any amendments thereto, for the development
of all or any part of a blighted area, which is authorized by the
Board of Aldermen by ordinance.
Specific work or improvements to effectuate all or any part
of a redevelopment plan.
Chapter 353 of the Revised Statutes of Missouri and any amendments
thereto.
[Ord. No. 1557 §5, 4-4-2005]
Prior to the adoption of an ordinance finding and determining
an area to be a blighted area, the Board of Aldermen shall hold a
public hearing, and shall provide notice of the public hearing by
posted notice; and, if said ordinance includes a grant of tax abatement
to a 353 Corporation, the City shall also provide notice to taxing
jurisdictions.
[Ord. No. 1420 §1(5), 6-20-2000; Ord. No. 1557 §6, 4-4-2005]
Prior to the authorization and approval of a redevelopment agreement,
or contemporaneously therewith, the Board of Aldermen shall determine
that the area covered by the redevelopment plan is a blighted area.
In determining that an area is a blighted area, the Board of Aldermen
may consider all relevant information known to it or submitted to
it by the developer, the Commission, City Officers or employees, professional
consultants or any other person. The finding and determination that
an area is a blighted area shall be made by ordinance, and said ordinance
shall contain a legal description of the blighted area. Said ordinance
finding and determining the existence of a blighted area may be contained
in the same ordinance or separate ordinances authorizing and approving
a redevelopment plan, redevelopment project, redevelopment agreement,
and/or granting any rights, powers, duties, immunities or obligations
to a 353 Corporation relating to said blighted area.
[Ord. No. 1420 §1(6), 6-20-2000]
A.
Proposed
developments for any area within the City shall be submitted only
it response to an invitation for such proposals issued by the City.
The City may invite developers to submit proposed development plans
for consideration for a blighted area or an area which the City contemplates
declaring a blighted area and the City may designate conditions for
such submission, additional information required with the submission,
and the time period within which such proposed development plans must
be submitted to be considered, which shall not be less than fifteen
(15) days and not more than one hundred eighty (180) days, as directed
by the City, from the date such invitation shall be given. Invitations
to submit proposed development plans shall be deemed given when notice
of such invitation, describing the area in general terms, the location
in the City Hall where written copies of the invitation are available
on request, and the submission date for the proposed development plans,
shall be given in the same manner as a published notice.
B.
If no
proposed development plan is submitted pursuant to an invitation to
submit proposed development plans, none will be considered until a
new invitation to submit proposed development plans is made.
C.
Notwithstanding
anything to the contrary contained herein, if, prior to the enactment
of this Chapter, the City has made a request for redevelopment proposals
and has received responses thereto from prospective developers or
has selected a developer in connection with any redevelopment or proposed
redevelopment, any such selection which has already been made or which
may hereafter be made in response to such previous request for proposals
shall be effective for the purposes of this Chapter notwithstanding
that the selection process or the request for proposals occurred prior
to the enactment of this Chapter or in a manner different than required
by this Chapter, and notwithstanding the fact that such selection
may have been made or such proposals may have been requested in connection
with or pursuant to the Real Property Tax Increment Allocation and
Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes
of Missouri.
[Ord. No. 1420 §1(7), 6-20-2000]
A.
Any developer
desiring to participate in the redevelopment of a blighted area, or
an area which the City contemplates declaring a blighted area, pursuant
to an invitation to submit a proposed development plan, shall submit
a proposed development plan to the Zoning Administrator of the City,
or such other party as set forth in the invitation, together with
such additional information, if any, as has been requested by the
City in the invitation to submit proposed development plans.
B.
Unless
waived by the City, no proposed development plan shall be accepted
for filing unless it is accompanied by a non-refundable filing fee
to the City of two hundred fifty dollars ($250.00) to be used by the
City to defray expenses connected with the evaluation and review of
the proposed development plan. The corporation shall pay, when due
and payable, all such other fees, licenses and other charges required
by the ordinances of the City applicable to such developer or the
redevelopment project to be undertaken.
[Ord. No. 1420 §1(8), 6-20-2000]
A.
A development
plan shall, where applicable, contain:
1.
Legal description. A legal description of the redevelopment
area by metes and bounds or other definite designation.
2.
Design plan. A general description and preliminary design
plan of the proposed redevelopment project and plans or narrative
showing or describing general location of structures, general height,
size and scale of structures, proposed land use, materials, general
landscaping, and traffic circulation.
3.
Stages of project. A statement of the various stages, if
more than one (1) is intended, by which the redevelopment project
is proposed to be constructed or undertaken, and the approximate time
limit for the commencement and completion of each stage, together
with a legal description of the real property to be included in each
stage.
4.
Property to be demolished. A statement of the existing buildings
or improvements in the redevelopment area to be demolished, if any,
and an estimate of the timing of such demolition.
5.
Building rehabilitation. A statement of existing buildings
to remain, if any, the proposed improvements to each such building
to remain, and the approximate period of time during which such improvements,
repairs or alterations are to be made.
6.
New construction. A statement of the general type, size,
number, character and materials of each new industrial, commercial,
residential or other building or improvement to be erected or made
and the estimate of the timing of such construction.
7.
Open space. A statement of those portions, if any, of the
redevelopment area which may be permitted or will be required to be
left as open space, the use to which each such open space is to be
put, the period of time each such open space will be required to remain
an open space, and the manner in which it will be improved and maintained,
if at all.
8.
Property for public agencies. A statement of those portions,
if any, of the redevelopment area which are proposed to be sold, donated,
exchanged or leased to any public agency or political subdivision
of the Federal, State or local government, and an outline of the terms
of such proposed sale, donation, exchange or lease.
9.
Zoning changes. A statement of the proposed changes, if
any, in zoning ordinances or maps necessary or desirable for the redevelopment
project and its protection against blighting influences.
10.
Street changes. A statement of the proposed changes in streets
or street levels and proposed street closings within, adjacent to,
or in the proximity of the redevelopment area, if any,
11.
Utility changes. A statement of the changes, if any, which
will be required in utility source to accommodate the redevelopment
project and changes, if any, in utility lines, easements or location.
12.
Tax abatement. A statement of the tax abatement to the redevelopment
project, if any, and any payments in lieu of taxes, together with
the conditions upon which tax abatement, if any, will pass to or inure
to the benefit of a subsequent owner of the redevelopment project
or be lost.
13.
Acquisition plan, eminent domain. A statement giving the
legal description of the real property owned by or under option or
contract of purchase, if any, to the developer or its affiliates and,
where known, the real property to be acquired by eminent domain and
time schedule for acquisition.
14.
Eminent domain by City. A statement giving the legal description
of the real property, if any, to be acquired by the City on behalf
of the developer and the terms and conditions for such acquisition.
15.
Relocation plan. A detailed relocation plan which complies
in all respects with the requirements set forth in Section 523.200
et seq. of Missouri Revised Statutes, 1994, as amended.
16.
Financing. A detailed statement of the proposed method of
financing the redevelopment project which shall set forth, among other
things, the estimated development cost of the project and the proposed
sources of funds, debt and equity to meet such estimated costs and
the assurances, if any, to be given to the City by the developer and
its affiliates for the developer's performance of its obligations.
17.
Management. A list of the persons who it is proposed will
be active in or associated with the developer and management of the
redevelopment project during a period of at least one (1) year from
the date of approval of the development plan and a list of the officers,
directors, principal stockholders, partners or members of the developer.
18.
Public property. A statement listing any real property in
the redevelopment area in public use or belonging to the City, County,
State or any political subdivision thereof together with a statement
that the consent of such entity, other than City, has been obtained
to the acquisition of such property if such property is to be acquired.
19.
Other information. The development plan may also contain
such other statements or exhibits as may be deemed relevant by the
Board of Aldermen.
[Ord. No. 1420 §1(9), 6-20-2000]
A.
Promptly
upon the filing of a proposed development plan in response to an invitation
for proposals by the City, the Zoning Administrator shall, in writing,
notify the Board of Aldermen, the City Administrator and the Commission
that a proposed development plan has been submitted for consideration
and shall transmit copies thereof to them and to any department, division
or commission of the City which the Zoning Administrator deems may
be affected or have an interest in such proposed development plan,
requesting comments to be made to the Zoning Administrator for the
benefit of the Commission.
B.
The Zoning
Administrator any request in writing of the developer additional information
relating to any facet of the proposed development plan. In the event
the developer fails to supply the requested information within fifteen
(15) days from the date of the request, the developer's proposed development
plan may be disqualified from further consideration, provided however,
upon request of the developer, additional time may be granted by the
Zoning Administrator.
C.
The Board
of Aldermen may, in its discretion, waive any irregularity or omission
in any proposed development plan at any time after the filing thereof
(including the time after approval of a development plan).
[Ord. No. 1420 §1(10), 6-20-2000]
A.
A recommendation
of the Commission regarding each proposed development plan submitted
shall be transmitted to the Board of Aldermen and the City Administrator;
provided however, in the event more than one (1) proposed development
plan covering the same common land area, in whole or in part, is submitted,
then the recommendation concerning all such proposed development plans
shall be submitted to the Board of Aldermen on the same date.
B.
The Commission
shall make recommendations based on the following:
1.
Whether
the public purpose as declared in this Chapter will be effectuated
by the proposed development plan;
2.
Whether
the proposed development plan is in the public interest;
3.
Whether
the proposed development plan is consistent with the comprehensive
plan for the City;
4.
Whether
the stages, if any, by which reconstruction of the area is proposed
by the proposed development plan are in the interest of the City;
5.
Whether
public facilities including, but not limited to, schools, fire, water,
sewer, Police, transportation, parks, playgrounds and recreation,
and other utilities, private or public, are presently adequate or
will be adequate at the time the redevelopment project is completed;
6.
Whether
changes in zoning, ordinances or maps are necessary;
7.
Whether
proposed changes in streets and street levels are necessary or desirable;
8.
Whether
eminent domain is necessary or desirable to effectuate the proposed
development plan; and
9.
Whether
the proposed development plan will positively impact the City's revenues
from taxation.
C.
If more
than one (1) plan has been submitted, the recommendation of the Commission
shall contain a comparative analysis of the proposed development plans
based on the above determinations.
[Ord. No. 1420 §1(11), 6-20-2000]
A.
Upon
introduction to the Board of Aldermen of a bill having as its subject
matter the approval of a development plan and authorizing execution
of a contract, the Board of Aldermen shall hold a public hearing.
Notice of such hearing will be a published notice. The public hearing
on the ordinance approving the development plan and authorizing execution
of a contract with the City shall be held for the purpose of stimulating
comment by those to be affected by such contract and development plan.
B.
In the
event the development plan provides for tax abatement or exemption
authorized by the Urban Redevelopment Corporations Law, the City shall
furnish each political subdivision whose boundaries for ad valorem
taxation purposes include any portion of the real property to be affected
by such tax abatement or exemption with a written statement of the
impact on ad valorem taxes such tax abatement or exemption will have
on such political subdivisions and written notice of the hearing to
be held. The written statement and notice required by this Section
shall be mailed to each political subdivision by registered or certified
mail, postage prepaid, return receipt requested, at least fifteen
(15) days prior to the hearing and shall include, but need not be
limited to, an estimate of the amount of ad valorem tax revenues for
each political subdivision which will be affected by the proposed
tax abatement or exemption based upon the estimated assessed valuation
of the real property involved as such property would exist before
and after it is redeveloped. At the public hearing, all political
subdivisions described in this Section shall have the right to be
heard on such grant of tax abatement or exemption.
[Ord. No. 1420 §1(12), 6-20-2000]
A.
The ordinance
approving a development plan shall contain:
1.
A finding
and declaration that the redevelopment area is blighted;
2.
If such
be the case, the finding and declaration by the Board of Aldermen
that the exercise of the power of eminent domain by the developer
or by the City on behalf of the developer is necessary to accomplish
the purposes of the Urban Redevelopment Corporations Law and this
Chapter and so empowering, granting a certificate of convenience and
necessity to the developer to exercise such power;
3.
Authority
for the Mayor to enter into a contract on behalf of the City with
the developer and substantially the contents of such contract, which
may be incorporated by reference;
4.
A duration
of time within which property in the redevelopment area must be acquired,
which may include acquisition by phases and which may include extensions
for delays not caused by the developer, and provision for the expiration
of the development rights including the rights of eminent domain and
tax abatement in the event of failure of the developer to acquire
ownership of property within the redevelopment area within the time
limits specified; and
5.
Such
other matters as may be deemed relevant by the Board of Aldermen including,
but not limited to, requirements for payment or reimbursement by the
developer of legal, administrative, and other expenses necessitated
by the development plan or redevelopment project and for future expenses
including, but not limited to, costs of defense of the City or its
officers, insurance, indemnity and hold harmless agreement.
[Ord. No. 1420 §1(13), 6-20-2000]
Notwithstanding any other provision of law to the contrary,
payments in lieu of taxes may be imposed by contract between the City
and the developer which receives tax abatement or exemption on property
pursuant to the Urban Redevelopment Corporations Law. Such payment
shall be made to the Collector of Revenue of St. Louis County, Missouri,
by December thirty-first (31st) of each year payments are due. The
Board of Aldermen shall furnish the Collector of Revenue a copy of
such contract requiring payment in lieu of taxes. The Collector of
Revenue shall allocate all revenues received from such payment in
lieu of taxes among all taxing authorities whose property tax revenues
are affected by the exemption or abatement on the same pro rata basis
and in the same manner as the ad valorem property tax revenues received
by each timing authority from such property in the year such payments
are due.
[Ord. No. 1420 §1(14), 6-20-2000]
A copy of the contract between the City and the developer for
carrying out the development plan may be recorded by the developer
or the City in the office of the Recorder of Deeds of St. Louis County
and proof of such recording shall be filed with the City. True copies
of the Development plan authorized by the Board of Aldermen by ordinance
shall be retained by the City Clerk with the authorizing ordinance.
[Ord. No. 1420 §1(15), 6-20-2000]
Notwithstanding anything to the contrary contained herein, the actual exercise of any power of eminent domain granted to a developer may only occur during such period of time as the developer is a corporation. In addition, any tax abatement granted to a developer may not commence until such time as the real property subject to the development plan has been conveyed to a corporation. Such real property may thereafter be conveyed to a party which is not a corporation as provided in Section 420.190 below.
[Ord. No. 1420 §1(16), 6-20-2000]
A.
In order
to monitor the progress and compliance of an approved development
plan beyond the normal review processes of City departments, the procedures
shall be as follows:
1.
Investigation. It shall be the duty of the Zoning Administrator,
after a development plan has been authorized by the Board of Aldermen,
to investigate and determine from time to time during construction
of the redevelopment project whether the developer undertaking such
development plan is fully complying with the provisions thereof and
its contract with the City in the manner and at the time fixed therein
for the performance of the various stages thereof.
2.
Reports. It shall also be the duty of the Zoning Administrator
to make reports from time to time during the construction of the redevelopment
project, and at least every six (6) months, to the Board of Aldermen
and the City Administrator regarding each development plan and also
as to compliance with the provisions of this Chapter by any developer
operating thereunder.
3.
Time extension. The Board of Aldermen may, for good cause
shown, grant to a developer operating under an approved development
plan an extension of time in which to complete the redevelopment project
or any phase, stage or portion thereof.
4.
Recommendation of certification.
a.
When
a developer operating under an approved development plan shall have
completed the redevelopment project or any stage thereof in accordance
with the provisions of the development plan in the manner and at the
time fixed therein for the performance of the various stages thereof,
the Zoning Administrator, upon written request of the developer, shall
conduct an investigation, and if the Zoning Administrator determines
that the redevelopment project or such stage thereof has been so completed,
he/she shall recommend to the Board of Aldermen that a certificate
of full compliance be issued to the developer for such stage or for
the entire redevelopment project, as the case may be.
b.
If,
after receipt of such a request from the developer, the Board of Aldermen
determines that the redevelopment project or the applicable stage
thereof has not been completed in accordance with the development
plan, then the Board of Aldermen shall transmit notice by certified
mail, return receipt requested, to the developer stating the reasons
for the finding that there has not been substantial compliance; provided
however, failure to so notify the developer within thirty (30) days
after receipt of said written request shall be deemed a certificate
of completion.
c.
The invest investigations and reports of the Zoning Administrator required by Subsections (2) and (4) of this Section shall not be required or made with respect to the redevelopment project or to any approved stage thereof subsequent to the date of issuance of a certificate of completion with respect to such redevelopment project or stage thereof.
5.
Amendments to development plan. Any approved development plan may subsequently be amended with the consent of the developer and the Board of Alderman, provided that any amendment which grants additional tax abatement or reduces the amount of previously agreed upon payments in lieu of taxes may not be approved without first complying with the requirements of Section 420.110(B) of this Chapter.
[Ord. No. 1420 §1(17), 6-20-2000]
A.
So long
as real property which is subject to a development plan which provides
for tax abatement is owned by a corporation and such corporation desires
to obtain and continue the benefits of tax abasement provided in the
Urban Redevelopment Corporations Law and as provided in the development
plan, the corporation shall file with the City Administrator a copy
of its financial statements as follows:
1.
Such
financial statements shall be filed annually within one hundred twenty
(120) days following the closing of the corporation's fiscal year,
and the first (1st) such financial statement shall be filed for such
corporation's fiscal year ending in the calendar year next following
the calendar year in which the ordinance approving the development
plan became law.
2.
The
financial statements shall:
a.
Follow
an accepted accounting procedure;
b.
Contain
a balance sheet and a profit and loss statement;
c.
Contain
such other information as the City Administrator may require; and
d.
Be
dully attested to by the president and Treasurer of said corporation
as an accurate and truthful representation of said corporation's financial
condition.
3.
The
City Administrator shall arrange for the review of all financial statements
submitted to him/her. The City Administrator shall determine the net
income of the corporation and shall determine whether the accumulation
surplus net earnings as defined by law, if any, is being handled as
provided by law.
a.
In
the event such corporation's net income is not more than the maximum
allowed by law or in the event the corporation's net income during
any year is more than the maximum allowed by law and the accumulation
of surplus net earnings is being handled as provided by law, then
the City Administrator shall certify to the Assessor of St. Louis
County on or before April first (1st) of each calendar year following
the year the financial statement was required to be submitted under
this Section that such corporation is eligible under the tax abatement
provisions contained in the Urban Redevelopment Corporations Law.
b.
In
the event the corporation's net income is more than the maximum allowed
by law and the surplus is not being handled as provided by law, then
the City Administrator shall certify to the Assessor of St. Louis
County on or before April first (1st) of the year following the year
in which the financial statement was required to be submitted under
this Section that such corporation is not eligible under the tax exemption
provisions contained in the Urban Redevelopment Corporations Law.
4.
In the
event that the certification is that the corporation is eligible for
tax abatement, in whole or in part, to property owned by the corporation,
the Assessor shall forthwith assess, in whole or in part, the property
of the corporation as provided in Section 353.110, RSMo.
5.
In the
event that the certification states that tax exempt status cannot
be granted to the corporation, then the Assessor shall forthwith assess
all property of the corporation at its true value as provided by law.
[Ord. No. 1420 §1(18), 6-20-2000]
Every corporation operating under this Chapter may establish
and maintain depreciation, obsolescence and other reserves, also surplus
and other accounts, including a reserve for payment of taxes according
to recognized standard accounting practices.
[Ord. No. 1420 §1(19), 6-20-2000]
A developer may sell or otherwise dispose of any or all of the
real property acquired by it for the purpose of a redevelopment project.
The development plan, the ordinance approving any development plan,
and any contract entered into pursuant thereto may provide that in
the event of the sale or other disposition of real property of a developer
by reason of the foreclosure of any mortgage or other lien, through
insolvency or bankruptcy proceedings, by order of any court of competent
jurisdiction, or by voluntary transfer or otherwise, the partial tax
relief provided under the Urban Redevelopment Corporations Law shall
inure to any purchaser (whether or not a corporation) of such real
property so long as such purchaser shall continue to use, operate
and maintain such real property in accordance with the provisions
of the development plan. If such development plan, ordinance and contract
do not so provide and the purchaser of such real property shall continue
to use, operate and maintain such real property in accordance with
the provisions of the development plan, the Board of Aldermen may,
nevertheless, grant the partial tax relief provided in the Urban Redevelopment
Corporations Law. If such real property shall not be used, operated
and maintained in accordance with the provisions of the development
plan, or if the purchaser does not desire the real property to continue
under the development plan, or if the ordinance approving the Plan
provides for termination of tax relief under such circumstances, the
Board of Aldermen may refuse to grant the purchaser continuing tax
relief, in which event the real property shall be assessed for ad
valorem taxes upon the full true value of the real property and, except
as provided by contract, may be owned and operated free from any of
the conditions, restrictions or provisions of this Chapter and the
development plan.
[Ord. No. 1420 §1(20), 6-20-2000]
Proceedings. Whenever any developer operating
under a development plan does not comply in all material respects
with all or any part of the development plan and the contract with
the City within the time limits and in the manner as therein stated,
other than on account of reasonable delays caused by unforeseen circumstances
beyond its control, or shall do or permit to be done anything in violation
of the development plan, the development contract or this Chapter,
or fail or omit to do anything required of it by the development plan,
the development contract or this Chapter, then any such fact may be
certified by the Board of Aldermen to the City Attorney who may and
is hereby authorized to commence a proceeding in the Circuit Court
or other appropriate court or forum in the name of the City to have
such action, failure or omission stopped, prevented, rectified or
enforced by injunction or otherwise, or in the name of the City to
bring action for damages against the developer for breach of any of
the provisions of the development plan or the development contract;
provided, that in the event the Board of Aldermen shall determine
that a developer has abandoned construction before completion of the
redevelopment project in accordance with the terms of an approved
development plan, a certified copy of the resolution of the Board
of Aldermen making such determination shall be recorded in the office
of the St. Louis County Recorder of Deeds and the real property included
in such development plan shall from that date be subject to assessment
and payment of all ad valorem taxes based on the true value of such
real property. The Board of Aldermen, after consultation with the
City Attorney, may elect to terminate a development contract for non-performance
or breach by the other contracting party.
