City of Edmundson, MO
St. Louis County
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Table of Contents
Table of Contents

Section 145.010 Definitions.

[Ord. No. 1401 §1, 3-8-2012]
The following terms, whenever used or referred to in this Chapter, shall, unless a different intent clearly appears from the context, be construed to have the following meanings:
AREA
Such portion(s) of the City as the Board has found or shall find to be a blighted area so that the clearance, replanning, rehabilitation, or reconstruction thereof is necessary to effectuate the redevelopment thereof.
BLIGHTED AREA
That portion of the City within which the Board determines that by reason of age, obsolescence, inadequate or outmoded design, or physical deterioration, existing properties and improvements 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.
BLIGHTING STUDY
A written report including, but not limited to, the following:
1. 
Evidence that the area in question constitutes a blighted area;
2. 
Identification of each parcel of real property within the redevelopment area and a factual description of each parcel including, but not limited to, the nature and age of any improvements thereon, and the physical condition of each such parcel and any improvements thereon;
3. 
Identification of all persons having an interest of record of any type or nature whatsoever in the real property in the redevelopment area, together with the full name and address of each such person;
4. 
A list of all persons lawfully occupying any portion of the area in question.
BOARD
The Board of Aldermen of the City of Edmundson, Missouri.
CITY
The City of Edmundson, Missouri.
CITY CLERK
The City Clerk of the City of Edmundson, Missouri.
COMMISSION
The Plan Commission of the City of Edmundson, Missouri.
CORPORATION
An urban redevelopment corporation organized under and pursuant to the provisions of the Urban Redevelopment Corporations Law, as described below, together with its successors and assigns.
COUNSEL
The City Attorney of the City of Edmundson, Missouri.
DESIGNATED DEVELOPER
The person who submits a development plan approved by the Board, or the successors and assigns thereof.
DEVELOPMENT CONTRACT
That contract or agreement entered into between the City and a corporation pursuant to an approved development plan.
DEVELOPMENT COSTS
An amount equal to the actual cost of redevelopment of the redevelopment area. Such costs shall include, but not be limited to, the reasonable expense of planning, including preliminary studies and surveys; professional services, interest during construction; the actual cost of the acquisition of the real property or any part thereof whether acquired partly or wholly in exchange for cash, securities, or otherwise; the actual cost of environmental remediation, if any; the actual cost of demolition of existing structures, if any; the actual cost of utilities, landscaping, and roadways; the actual cost of construction, equipping, and furnishing of buildings and improvements including professional fees; the actual costs of the reconstruction, remodeling, or initial repair of existing buildings and improvements; reasonable management and operations costs until the redevelopment is ready for use; and the actual cost of improving those portions of the redevelopment area which are to remain as open spaces or which are to be used as amenities; together with such additions to development costs as shall equal the actual cost of additions to or changes in the redevelopment project in accordance with the original development plan or after approved changes therein or amendments thereto.
DEVELOPMENT PLAN
A plan, together with the amendments thereto, for the redevelopment of all or any part of an area, which is approved by the Board.
DIRECTOR
The Public Works Director of the City of Edmundson, Missouri.
MAYOR
The Mayor of the City of Edmundson, Missouri.
PERSON
An individual, firm, partnership, joint venture, association, corporation, whether organized for profit or not (except an urban redevelopment corporation organized pursuant to the provisions of the Urban Redevelopment Corporations Law), estate, trust, business trust, receiver or trustee appointed by any State or Federal court, syndicate, 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.
PUBLIC WORKS DIRECTOR
The individual designated by the Board to act as the Director of Public Works of the City of Edmundson, Missouri.
REAL PROPERTY
Includes lands, buildings, improvements, and any and all easements, franchises and hereditaments, incorporeal or corporeal, and every estate, interest, privilege, easement, franchise and right therein or appurtenant thereto, legal or equitable, including restrictions of record, created by plat, covenant or otherwise, rights-of-way, and terms for years.
REDEVELOPMENT
The clearance, replanning, reconstruction or rehabilitation of an area, in whole or in part, and the provision for such industrial, commercial, residential or public structures and spaces as may be appropriate, including recreational and other facilities incidental or appurtenant thereto.
REDEVELOPMENT AREA
That portion of an area to which a development plan applies.
REDEVELOPMENT PROJECT
A specific work or improvement to effectuate all or any part of a development plan.
URBAN REDEVELOPMENT CORPORATIONS LAW
Chapter 353, RSMo., as amended.

Section 145.020 Invitations To Submit Proposed Development Plans — Publication of Notice.

[Ord. No. 1401 §1, 3-8-2012]
A. 
Proposed development plans for any area within the City may be submitted at any time by the owner(s) of record or under contract of at least eighty percent (80%) of the real property within the proposed area.
B. 
In any other case, proposed development plans for any area within the City may only be submitted in response to an invitation for such proposals issued by the Board. The City may commission its own blighting study prior to publication of an invitation for proposals to facilitate the redevelopment of the area described in such blighting study. If the City desires to develop an area, the Board shall direct the City Clerk to publish a notice in a paper of general circulation inviting, and may otherwise request the submission of proposed development plans for the redevelopment of a redevelopment area. To be considered by the Board as herein provided, a proposed development plan must be submitted in conformance with this Chapter and within the time period established by the Board, which time shall not be less than ten (10) days following the first (1st) publication of such notice. If the Board rejects all proposed development plans, or if none are submitted, the Board may direct the City Clerk to publish notice again and the period for submission of proposed development plans shall begin anew.

Section 145.030 Procedure For Submission of Development Plan.

[Ord. No. 1401 §1, 3-8-2012]
Any person or corporation submitting a proposed development plan for the redevelopment of a development area shall file thirty (30) complete copies of such plan and thirty (30) copies of the blighting study with the City Clerk. Simultaneously with such items, a cashier's check shall be submitted in the amount of five hundred dollars ($500.00) to pay for the certain costs associated with public hearings including costs of publication. If costs incurred by the City exceed this amount, then a proponent of the proposed development plan shall pay the additional amount prior to the public hearing. If two (2) or more proposed development plans are submitted, the publication costs described herein shall be evenly divided among the proponents.

Section 145.040 Development Plan Contents.

[Ord. No. 1401 §1, 3-8-2012]
A. 
A proposed development plan shall contain the following information and data:
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 each proposed redevelopment project, with plans, a narrative, schematic drawings, and elevations showing or describing the general location of structures, general height, size, and scale of structures, proposed land use, materials, general landscaping, and traffic circulation;
3. 
Project phases. A statement of the various phases, if more than one (1) is intended, by which each redevelopment project is proposed to be constructed or undertaken, and the approximate deadline for the commencement and completion of each phase, together with a legal description, or other definite designation, of the real property to be included in each phase;
4. 
Unit specification — availability. A statement of the character, type, and quality of construction and, when applicable, approximate number of units, the square footage of the various units, approximate rent or sales price, as the case may be, and approximate date of availability of the proposed units to be offered during the construction by each phase, if at all, or upon completion of each redevelopment project;
5. 
Property to be demolished. A statement of the existing buildings or improvements in the redevelopment area proposed to be demolished, in whole or in part, if at all, and an estimate of the timing of such demolition;
6. 
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;
7. 
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;
8. 
Open space and other amenities. 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 or other amenities to the redevelopment project, the use of each such space and the manner in which it will be improved and maintained, if at all;
9. 
Property for public agencies or political subdivisions. 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;
10. 
Zoning changes. A statement of the proposed changes, if any, in zoning Chapter or map necessary or desirable for the redevelopment project and its protection against blighting influences;
11. 
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, including, but not limited to, any changes proposed changing streets from public to private streets or from private to public streets, if any;
12. 
Utility changes. A statement of the changes, if any, which will be required in utility sources to accommodate each redevelopment project and changes, if any, in utility lines, easements, or locations;
13. 
Tax abatement. A statement describing:
a. 
The proposed tax abatement, if any, for the corporation undertaking the redevelopment project and the reasons and justification for such requested tax abatement, and any payments in lieu of taxes;
b. 
The assessed valuation of the land and the improvements thereon, respectively, before development;
c. 
The estimated assessed valuation of the land and the improvements thereon, respectively, after redevelopment;
d. 
The statement that, but for the tax abatement, the redevelopment project cannot be undertaken, and documentation in support thereof;
e. 
The impact such tax abatement will have on each political subdivision whose boundaries include any portion of the redevelopment area, including an estimate of the amount of ad valorem revenues to be affected by the grant of tax abatement; and
f. 
The conditions upon which tax abatement, if any, will pass to or inure to the benefit of a subsequent owner of the redevelopment project;
14. 
Property acquisition — eminent domain. A statement describing the status of ownership of the real property within the proposed redevelopment area and a statement giving the legal description of the real property or interest in the real property, if any, proposed to be acquired by the City on behalf of the corporation, the terms and conditions for such acquisition, and the reasons why the aid of the City is sought for this purpose;
15. 
Financing. A detailed statement of the proposed method of financing the redevelopment project which shall set forth the estimated development costs of the redevelopment project and the proposed sources of funds, debt, and equity to meet such estimated costs; a signed letter of commitment from the financing entity evidencing that construction financing has been acquired for the redevelopment project (which letter may be conditioned upon and subject to completion of final plans and specifications, final approval by the City of the development plan, negotiation of the development contract, and such other standard conditions as are found in construction financing commitment letters); a detailed statement of the projected gross revenues and all projected expenses of the redevelopment project during the first five (5) years in which such project is in operation; and the assurances, including performance bonds, if any, to be given to the City by the corporation and its affiliates for the corporation's performance of its obligations;
16. 
Management. A list of the persons proposed to be active in or associated with the management of the redevelopment project during the period of at least one (1) year from the date of approval of the development plan and a list of the officers, directors, and principal stockholders of the corporation;
17. 
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 for the acquisition of such property if such property is to be acquired;
18. 
Relocation. A statement of the proposed plan for the relocation of those persons who will be displaced, if any, by the redevelopment project, the estimated cost thereof, and a commitment to pay said relocation cost; and a statement as to whether the relocation assistance described herein is mandated under any Federal or State law;
19. 
Qualifications. A statement detailing the experience and qualifications of the person or corporation submitting the proposed development plan and proposed to be actively involved in the overall direction and implementation of the redevelopment project, including any officer, director, or majority shareholder thereof. Such statement should include, but not be limited to, information as to whether the applicant, or any officer, director, or majority shareholder thereof has been declared bankrupt, voluntarily or involuntarily, or has been involved in any judicial or administrative proceeding in the preceding five (5) years;
20. 
Evidence of good standing. If the applicant is not an individual, evidence that the person or corporation submitting the proposed development plan is lawfully organized and is in good standing under the laws of the State;
21. 
Non-collusive affidavit. An affidavit executed by the person or corporation submitting the development plan, in form to be furnished by the Director, stating that in submitting its proposed development plan the person or corporation has not colluded or conspired with any other proponent; and
22. 
Other information. Such other statements, exhibits or documentation as may be deemed relevant by the corporation or the Board of Aldermen.

Section 145.050 Review of Proposed Development Plan By Board.

[Ord. No. 1401 §1, 3-8-2012]
Promptly upon the filing of a development plan, the City Clerk shall distribute copies thereof to the Mayor, Board, and counsel. The Board may request in writing from the corporation or other interested party additional information relating to any facet of the proposed development plan. In the event that no response is received within fifteen (15) days from the date of the request, the proposed development plan may be disqualified from further consideration, provided however, that upon request of the corporation, additional time may be granted by the Board. The Board shall review the development plan to determine whether it complies with the requirements of this Chapter and the master plan for the proposed area. In the event that the development plan fails to comply with the terms of this Chapter, the Board shall notify the corporation in writing of the rejection of the development plan and shall state the reasons for such rejection. If the Board determines that the development plan complies with the requirements of this Chapter and the master plan, the Board may then schedule a public hearing and direct the City Clerk to proceed with publication of notice of the public hearing. If the development plan fails to conform to the master plan, the City may consider an amendment to the master plan prior to or concurrently with approval of a development plan. The Board 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).

Section 145.060 Public Hearing.

[Ord. No. 1401 §1, 3-8-2012]
A. 
Following the submission of any proposed development (either by owners of eighty percent (80%) of the property within the area or in response to an advertisement by the Board) and review by the Board, the City Clerk shall publish notice in a paper of general circulation notifying all interested parties in the proposed development plan(s) that a public hearing will be held on a date and time established by the Board.
B. 
In the event a proposed 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 that such tax abatement or exemption will have on the ad valorem taxes of such political subdivision and written notice of the hearing to be held as provided for in Subsection (A) above. The written statement and notice required by this Subsection shall be mailed to each political subdivision by registered or certified mail, postage prepaid, return receipt requested, at least ten (10) days prior to the hearing and shall include, but need not be limited to, an estimate of the amount of ad valorem tax revenues of each political subdivision affected by the abatement or exemption based upon the estimated assessed valuation of the real property involved as such property would exist before and after it is developed. At the public hearing all political subdivisions shall have the right to be heard on such grant of tax abatement or exemption.
C. 
The party submitting the proposed development plan shall give written notice of the hearing at least ten (10) days before the date of the hearing to all persons having a property interest of record, of any type or nature whatsoever, in the area covered by the proposed development plan, and each occupant in said area. Said notice shall be given to each such person by certified United States mail, postage prepaid, addressed to the above persons at their proper address, if known. If the corporation, after having made a diligent effort, is unable to obtain information as to the name of any occupant, the notice shall be sent by regular United States mail, postage prepaid, addressed to "Occupant" at the address, including apartment, unit, or suite number, if any, within the area covered by the proposed development plan. A certification that said notice has been given to such persons in the manner specified shall be filed with the City not less than five (5) days prior to the date of the public hearing on the development plan. At the public hearing, all persons shall have the right to be heard.
D. 
Only those proposed development plans filed with the City Clerk as set forth in this Section shall be considered by the Board.
E. 
Following the public hearing, the Board may make such other investigations as it deems necessary and proper and thereafter submit the determinations required below.

Section 145.070 Evaluation By The Commission.

[Ord. No. 1401 §1, 3-8-2012]
A. 
The Board, in its sole discretion, may request that the Commission review the proposed development plan as submitted and forward to the Board a recommendation on the development plan, which recommendation may address such issues as:
1. 
Compliance with the City's master plan as the same may be amended or revised from time to time;
2. 
Sufficiency of size to allow redevelopment of the area in an efficient and economically satisfactory manner;
3. 
Practicality of the proposed development plan;
4. 
Adequacy of public facilities including, but not limited to, schools, fire protection, water, sewer, police, transportation, parks, playgrounds, and recreation, considering current facilities and those proposed for service concurrent with the redevelopment project; and
5. 
Appropriateness of any proposed changes to zoning Chapter or map, vacation or closing of streets and alleys, or the construction of streets and alleys.
B. 
The Commission will review and provide its recommendations on any proposed amendments to an approved development plan prior to the deadline established by the Board.

Section 145.080 Determination By The Board.

[Ord. No. 1401 §1, 3-8-2012]
A. 
After receipt of the proposed development plan and authorization by the City, the City Clerk shall cause notice of a public hearing to be given as provided in Section 145.060 above.
B. 
The Board shall request in writing and receive written clarification of any proposed development plan.
C. 
Following the public hearing, the Board shall consider the merits of the proposed development plan(s) and in its discretion
1. 
By ordinance, approve a development plan as proposed;
2. 
By ordinance, approve a development plan with modifications and conditions; or
3. 
By resolution, reject a proposed development plan.
D. 
The ordinance approving a development plan shall include, but not be limited to, the following:
1. 
A finding that the area included within a development plan is a blighted area and that the clearance, redevelopment, replanning, rehabilitation, or reconstruction thereof is necessary and in the best interest of the City and its citizens;
2. 
If the development plan calls for the exercise of eminent domain, the finding and declaration that the area has been designated on a master plan of the City as a redevelopment area, and that the exercise of the power of eminent domain by the City is necessary to accomplish the purposes of the redevelopment project;
3. 
Approval of the development plan and construction of the redevelopment project is necessary for the preservation of the public peace, property, health, safety, morals and welfare;
4. 
If applicable, a finding and declaration as to whether the availability of tax abatement pursuant to the Urban Redevelopment Corporations Law is a contributing factor in the development of the redevelopment area, or any portion thereof, in accordance with the development plan and, if appropriate, the amount and duration of such tax abatement;
5. 
Authority for the Mayor or other designated person to enter into a contract on behalf of the City with the designated developer;
6. 
A duration of time within which all real property in the redevelopment area must be acquired, which may include acquisition by phases, and provision for the expiration of development rights and tax abatement in the event of the failure of the designated developer to acquire ownership of the real property in the redevelopment area within time limits as specified;
7. 
A provision limiting the use of the redevelopment area to that use described in the approved development plan for a period of years, but not less than a period equal in length to the number of years for which tax abatement or exemption has been granted, if applicable; and
8. 
Such other matters as may be deemed relevant by the Board, including, but not limited to, liquidated damages and the amount of performance and payment bonds, if any.

Section 145.090 Amendments To Approved Development Plans.

[Ord. No. 1401 §1, 3-8-2012]
Any development plan approved by ordinance may be amended from time to time, subject to the notice and hearing requirements set forth in Section 145.060. The Commission shall review any proposed amendments, and make its recommendation accordingly to the Board. No such amendment shall be reviewed by any board or other body unless and until an application for amendment has been filed with the City Clerk by the designated developer containing those portions of the statements and information required by Section 145.040 above, that are relevant to the proposed amendment. The Board shall make the determinations required by Section 145.080 relevant to the proposed amendment.

Section 145.100 Tax Agreement.

[Ord. No. 1401 §1, 3-8-2012]
Notwithstanding any other provision of law to the contrary, payments in lieu of taxes may be imposed by contract between the City and the corporation which receives tax abatement on real property pursuant to the Urban Redevelopment Corporations Law. Such payment shall be made to the Collector of Revenue of St. Louis County by December thirty-first (31st) of each year that payments are due. The Board shall furnish the Collector with a copy of such contract requiring payment in lieu of taxes. The Collector 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 taxing authority from such property in the year such payments are due.

Section 145.110 Acceptance By Corporation.

[Ord. No. 1401 §1, 3-8-2012]
A. 
Upon enactment into law of an ordinance approving a development plan, the City shall enter into a development contract with the corporation pursuant to the terms and conditions set forth in this Chapter and the ordinance approving the development plan. The corporation shall not avail itself of any of the benefits of the ordinance approving the development plan until it has duly executed the development contract.
B. 
A copy of the development contract between the City and the corporation for carrying out the development plan together with a copy of the ordinance approving the development plan shall be recorded by the corporation in the office of the Recorder of Deeds of St. Louis County and proof of such recording shall be filed with the City Clerk. True copies of the development plan approved by the Board by ordinance shall be retained with the authorizing ordinance by the City Clerk.

Section 145.120 Compliance With Other City Ordinances.

[Ord. No. 1401 §1, 3-8-2012]
A. 
Prior to the commencement of an approved redevelopment project, the corporation shall comply with all other ordinances including, but not limited to, those requiring review by the Commission.
B. 
The corporation shall pay, when due and payable, all such fees, licenses, and other charges required by the ordinances of the City applicable to such corporation or the redevelopment project to be undertaken.

Section 145.130 Monitoring of Compliance, Time Extensions and Certification of Completion.

[Ord. No. 1401 §1, 3-8-2012]
A. 
Building Permits. In the event a development plan for redevelopment area is approved by ordinance, no building permit shall be issued by the City for construction in the redevelopment area unless building plans have been submitted and are determined by the City to be in substantial compliance with the approved development plan, as amended, modified, or changed by ordinance, for the period during which the development plan is in effect.
B. 
Investigation. It shall be the duty of the Director, after the development plan has been approved by the Board, to investigate and determine from time to time but not less often than quarterly during construction of the redevelopment project, whether the corporation undertaking such development plan is fully complying with the provisions thereof and its development contract with the City in the manner and at the times fixed therein for the performance of the various phases thereof.
C. 
Reports. It shall also be the duty of the Director to make reports from time to time but not less often than quarterly during the construction of the redevelopment project to the Board regarding the redevelopment project approved for the redevelopment area, which reports shall include, but not be limited to, information as to compliance with the provisions of this Chapter by any corporation operating hereunder.
D. 
Time Extension. The Board may, for good cause shown, grant to a corporation implementing an approved development plan an extension of time in which to complete the redevelopment project or any phase, stage, or portion thereof.
E. 
Recommendation Of Certification.
1. 
When a corporation implementing an approved development plan has completed the redevelopment project, or any phase thereof, in accordance with the provisions of the development plan, the Director, upon the written request of such corporation delivered by certified U.S. mail, return receipt requested, shall conduct an investigation and, if the Director determines that the redevelopment project, or such phase thereof, has been so completed, the Director shall recommend to the Board that a certificate of full compliance in recordable form be issued to such corporation for such phase or for the entire redevelopment project, as the case may be.
2. 
In the event that, thereafter, the Board determines that the redevelopment project or any phase thereof has not been completed, then the Board shall transmit notice by certified mail, return receipt requested, to the corporation stating the reasons for the finding that there has not been substantial compliance. Provided however, failure to so mail notice to the corporation within sixty (60) days after receipt of said written request from the corporation shall be deemed a certification of completion.
3. 
The investigations and reports of the Director required by Subsections (B) and (C) of this Section shall not be required or made with respect to the redevelopment project or to any approved phase thereof subsequent to the date of issuance of such certificate of completion with respect to such redevelopment project or phase thereof.

Section 145.140 Financial Reporting.

[Ord. No. 1401 §1, 3-8-2012]
A corporation, the development plan of which provides for tax abatement and which desires to obtain and continue the benefits of tax abatement provided in the Urban Redevelopment Corporations Law and as provided in the development plan, shall file with the City Clerk three (3) copies of its financial report for the preceding year, which report shall disclose the earnings of the corporation and the disposition of any net earnings, and the interest rate on income debentures, bonds, notes or other evidences of debt of the corporation; thereupon, the City Clerk shall deliver the financial reports to the Director of Finance who shall review the financial report of the corporation and thereafter he/she shall file with the Board the financial report, accompanied by confirmation that the corporation is in good standing under the development plan and the development agreement.

Section 145.150 Conveyance of Property.

[Ord. No. 1401 §1, 3-8-2012]
A corporation 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 development contract entered into pursuant thereto may provide that in the event of the sale or other disposition of the real property of the corporation by reason of the foreclosure of any mortgage or other lien through insolvency or bankruptcy proceedings or by order of any insolvency or bankruptcy proceedings or 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 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 and comply with the terms of the development contract. If such development plan, ordinance and development 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, and agrees to continue to comply with the terms of the development contract, the Board may 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 property to continue under the development plan, or if the ordinance approving the development plan provides for termination of tax relief under such circumstances, the Board may refuse to grant the purchaser continuing tax relief, 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, the development plan and development contract.

Section 145.160 Failure To Comply With Approved Development Plan — Remedies.

[Ord. No. 1401 §1, 3-8-2012]
Whenever any corporation operating under or availing itself of the benefits of a development plan does not substantially comply with the development plan and the development contract with the City within the time limits and in the manner as therein stated, reasonable delays caused by unforeseen circumstances beyond its control alone excepted, or shall do or permit to be done anything in violation of the development plan, the development contract, or this Chapter, or fails or omits to do anything required of it by the development plan, the development contract, or this Chapter, or shall be about so to do, permit to be done, or fail or omit to have done, then any such fact may be certified by the Board to the counsel 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, or threatened action or omission stopped, prevented, rectified, or enforced by injunction or otherwise, or in the name of the City to bring an action for damages against the corporation for a breach of any of the terms, conditions and covenants of the development plan or the development contract; provided that in the event the Board shall determine that a corporation has abandoned construction before completion of the redevelopment project in contravention of the terms of an approved development plan, a certified copy of the resolution of the Board making such determination shall be recorded in the office of the St. Louis County Recorder of Deeds and the real property included in such 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 may elect to terminate a development contract for non-performance or breach by the corporation. In the event the City prevails in any action at law or in equity, the corporation shall pay all attorney's fees, costs and damages arising out of such action within thirty (30) days of a final judgment or decree.

Section 145.170 Acquisition of Real Property.

[Ord. No. 1401 §1, 3-8-2012]
A. 
The City may:
1. 
Acquire by the exercise of the power of eminent domain, or otherwise, an area designated on a master plan as a redevelopment area;
2. 
Clear any such real property and install, construct, and reconstruct streets, utilities and any and all other City improvements necessary for the preparation of such area for use in accordance with the provisions of this Chapter; and
3. 
Sell or lease such real property for use in accordance with the provisions of this Chapter.

Section 145.180 Acceptance of Application of State Enabling Act.

[Ord. No. 1401 §1, 3-8-2012]
The provisions of the Urban Redevelopment Corporations Law are hereby accepted. There is hereby incorporated by reference all of the provisions of the Urban Redevelopment Corporations Law. All of said provisions of the Urban Redevelopment Corporations Law shall apply to all persons and corporations operating under this Chapter insofar as the same may be applicable thereto.

Section 145.190 Computation of Time.

[Ord. No. 1401 §1, 3-8-2012]
In computing any period of time prescribed or allowed by this Chapter, the day of the act or event after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or City legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a City legal holiday.