[R.O. 2011 § 145.360; R.O. 2009
§ 40.75; CC 1981 § 2-525; Ord. No. 86-45, 2-27-1986]
It shall be the duty of all persons
occupying or holding lands as tenants of the City and of all persons
having leased from the inhabitants of the City, any City lots, outlots,
common-field lots or commons belonging to such City, whether such
lots or parcels of ground are situated within the limits or without
the limits of the City, to pay yearly the rents to the City, at the
office of the Director of Finance of the City, on or before January
first in each and every year.
[R.O. 2011 § 145.370; R.O. 2009
§ 40.76; CC 1981 §§ 2-526 — 2-527; Ord. No. 86-45, 2-27-1986]
A.
Book Of Common Rents. The City Clerk shall
make out a correct alphabetical list of the names of all persons owning
the leasehold of any City lots, common-field lots or commons belonging
to the City, which list shall contain the name of the owner of each
lot on May first , the number of the square or block, the number of
the lot and the survey; if a City lot, the number of feet front and
deep and the amount of rent for which each person is liable, all of
which shall be placed in suitable columns ruled for that purpose and
such list shall be called the "Book of Commons Rents."
B.
Copy To Be Delivered To Director Of Finance.
The City Clerk shall deliver to the Director of Finance the "Book
of Commons Rents" for collection on or before the first day of May
in each year and the Clerk shall take the Director of Finance's receipt
therefor and preserve the same in his/her office and charge the Director
of Finance with the amount of the "Book of Commons Rents."
[R.O. 2011 § 145.380; R.O. 2009
§ 40.77; CC 1981 § 2-528; Ord. No. 86-45, 2-27-1986]
When the Director of Finance shall
receive any commons rents, he/she shall give a receipt therefor and
designate the number of the square or block, the number of the lot
and such other facts as may be necessary to identify the property.
[1]
State Law Reference: Authority of City to
receive and hold real estate, § 77.010, RSMo.; sale of commons,
§ 71.100, RSMo.
[R.O. 2011 § 145.390; R.O. 2009
§ 40.78; CC 1981 §§ 2-529 — 2-530; Ord. No. 86-45, 2-27-1986]
A.
Preparation And Return Of Delinquent List.
If after January first in each year any commons rents shall not be
paid by the person liable therefor, the Director of Finance shall
make a correct list thereof, describing the property on account of
which the rent is due, giving the name of the delinquent lessee and
the amount of rents due as set forth in the "Book of Commons Rents,"
which list shall be called the "Delinquent List of Commons Rents"
and shall be returned by the Director of Finance, under oath, to the
City Council on or before April first in each year.
B.
Examination, Correction And Recordation
Of Delinquent List. The City Council shall examine and correct the
list mentioned in the preceding Subsection by the best means in their
power and shall cause the list so corrected to be recorded in the
City Clerk's office, leaving sufficient blank columns in the record
of the same to enter proceedings in regard to the further disposition
of the property returned for delinquent commons rents.
[R.O. 2011 § 145.400; R.O. 2009
§ 40.79; CC 1981 § 2-542; Ord. No. 86-45, 2-27-1986]
Any lessee of the inhabitants of
the City or any lessee of the City or any person who may have acquired
any interest of any such lessee in any legal manner, in any part of
the commons, attached to and belonging to the City, may receive a
deed in fee simple therefor by complying with the provisions of this
Article.
[R.O. 2011 § 145.410; R.O. 2009
§ 40.80; CC 1981 § 2-543; Ord. No. 86-45, 2-27-1986]
Any person desiring to procure a
deed in fee simple, as provided by the preceding Section, shall make
a surrender to the City of his/her interest, in writing, executed
and acknowledged as deeds for land are required to be executed and
acknowledged by the laws of the State, which surrender shall be filed
and carefully preserved in the Clerk's office.
[R.O. 2011 § 145.420; R.O. 2009
§ 40.81; CC 1981 § 2-544; Ord. No. 86-45, 2-27-1986]
Every applicant for a deed in fee
simple under the provisions of this Section shall make his/her petition
in writing therefor to the City Council, describing the property for
which he/she desires such deed in fee simple, verified by the affidavit
of the applicant, his/her agent or attorney, which petition shall
be referred to the City Attorney and other appropriate City departments.
The City Attorney shall report to the City Council as to his/her opinion
of title of petitioners as to the leasehold interest, the ownership
of contiguous parcels and the possible effect upon any proposed annexations
pending in the area. If the City Council finds it in the best interest
of the City to order the deed hereafter described, it may do so through
the procedure hereafter described.
[R.O. 2011 § 145.430; R.O. 2009
§ 40.82; CC 1981 § 2-545; Ord. No. 86-45, 2-27-1986]
The applicant for a deed, under the
provisions of this Article, shall pay the value of the property for
which he/she asks a deed in fee simple, estimated according to the
value thereof, as stated in the lease under which he/she may claim,
which payment he/she shall make to the City, taking duplicate receipts
therefor, one (1) of which he/she shall file with the City Clerk.
Such applicant shall also pay all arrearages of rents on such property,
any cost for title examination and advice to the Council in relation
thereto, the expense of executing the deed and the City Clerk's fees
for recording all papers connected therewith. No deed in fee simple
shall be delivered until the provisions of this Section are complied
with.
[R.O. 2011 § 145.440; R.O. 2009
§ 40.83; CC 1981 § 2-546; Ord. No. 86-45, 2-27-1986]
Upon the granting of the petition mentioned in Section 145.420 and a compliance by the applicant with the provisions of this Section, a deed shall be delivered to the applicant and his/her heirs and assigns forever to the property for which he/she may have asked a deed in fee simple or be entitled to, which deed shall state the consideration upon which the same is made and the substance of the order of the City Council made upon the petition and shall be signed and acknowledged by the Mayor as required by the laws of the State, attested by the Clerk and sealed with the Seal of the City. Such deed shall contain no clause of warranty except against the City and those claiming under the City.
[R.O. 2011 § 145.450; R.O. 2009
§ 40.84; CC 1981 § 2-547; Ord. No. 86-45, 2-27-1986]
If the Mayor should be the applicant
for a deed in fee simple under this Article or any other ordinance
for the granting of deeds in fee simple, the President of the Council
shall perform the duties required of the Mayor by the provisions of
this Article or other such ordinances.
[R.O. 2011 § 145.460; R.O. 2009
§ 40.85; Ord. No. 06-146, 6-14-2006]
A.
The City shall not authorize the exercise
of the power of eminent domain for economic development purposes.
B.
For purposes of this Section, "economic
development purposes" shall mean any activity to increase tax revenue,
tax base, employment or general economic health.
C.
Subsection (A) above shall not apply to:
1.
The transfer of a real property interest
to public ownership for public use such as for a road, park, sanitary
sewer or water line, water or sewer treatment facility, fire station,
police station or other public building;
2.
The transfer of a real property interest to a private entity when eminent domain will remove a harmful or unproductive use of land, such as the removal of public nuisances as set forth in Section 220.020 of this Code, removal of structures that are beyond repair or that are unfit for human habitation or use or acquisition of abandoned property;
3.
Any residential real property that
is not owner occupied;
4.
Any non-residential property that
is vacant or has not had a business license for a period of twelve
(12) months; or
5.
Any real property where the assessed
valuation has decreased by fifty percent (50%) or more in a two-year
period.
