[R.O. 2009 §155.01; CC 1981 §26.5-1.1; Ord. No. 93-259, 11-2-1993]
This Chapter shall be known and may be cited and referred to as "The Urban Redevelopment Ordinance".
[R.O. 2009 §155.02; CC 1981 §26.5-1.2; Ord. No. 93-259, 11-2-1993; Ord. No. 06-356, 12-20-2006]
Definitions. For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
- Any lawful activity that is conducted:
- 1. Primarily for the purchase, sale or use of personal or real property or for the manufacture, processing or marketing of products or commodities;
- 2. Primarily for the sale of services to the public; or
- 3. On a not-for-profit basis by any organization that has obtained an exemption from the payment of Federal income taxes as provided in Section 501(c)(3) of Title 26, U.S.C., as amended, and veterans organizations.
- DECENT, SAFE AND SANITARY DWELLING
- A dwelling which meets applicable housing and occupancy codes. The dwelling shall:
- 1. Be structurally sound, weather-tight and in good repair;
- 2. Contain a safe electrical wiring system;
- 3. Contain an adequate heating system;
- 4. Be adequate in size with respect to the number of rooms needed to accommodate the displaced person; and
- 5. For a handicapped person, be free of any barriers which would preclude reasonable ingress, egress or use of the dwelling.
- DISPLACED PERSONS
- Persons that move from the real property or move their personal property from the real property permanently and voluntarily as a direct result of the acquisition, rehabilitation or demolition of, or the written notice of intent to acquire such real property, in whole or in part, for a public purpose.
- HANDICAPPED PERSON
- Any person who is deaf, legally blind or orthopedically disabled to the extent that acquisition of another residence presents a greater burden than other persons would encounter or to the extent that modifications to the replacement residence would be necessary.
- Any individual, family, partnership, corporation, or association, that has a legal right to occupy the property, including, but not limited to, month-to-month tenants.
Every urban redevelopment corporation acquiring property within a redevelopment area shall submit a relocation plan as part of the redevelopment plan.
Unless the property acquisition under the operation of Chapters 99 and 100 or 353, RSMo., is subject to Federal relocation standards, the relocation plan shall provide for the following:
Payments to all eligible displaced persons who occupied the property to be acquired for not less than ninety (90) days prior to the initiation of negotiations who are required to vacate the premises;
A program for identifying special needs of displaced persons with specific consideration given to income, age, size of family, nature of business, availability of suitable replacement facilities and vacancy rates of affordable facilities;
A program for providing proper and timely notice to all displaced persons, including a general description of their potential rights and benefits if they are displaced, their eligibility for relocation assistance and the nature of that assistance. The notices required for compliance with this Section are as follows:
A general information notice that shall be issued at the approval and selection of a designated redeveloper and shall inform residential and non-residential owners and occupants of a potential project, including the potential acquisition of the property;
A notice of relocation eligibility that shall be issued as soon as feasible after the execution of the redevelopment agreement and shall inform residential and non-residential occupants within the project area who will be displaced of their relocation assistance and nature of that assistance, including ninety (90) days' advance notice of the date the occupants must vacate;
A program for referrals of displaced persons with provisions for a minimum of three (3) decent, safe and sanitary housing referrals for residential persons or suitable referral sites for displaced businesses, a minimum of ninety (90) days' notice of referral sites for handicapped displaced persons and sixty (60) days' notice of referral sites for all other displaced persons prior to the date such displaced persons are required to vacate the premises and arrangements for transportation to inspect referral sites; and
Every displaced person shall be given a ninety (90) day notice to vacate, prior to the date such displaced person is required to vacate the premises.
All displaced residential persons eligible for payments shall be provided with relocation payments based upon one (1) of the following, at the option of the person:
A one thousand dollar ($1,000.00) fixed moving expense payment; or
Actual reasonable costs of relocation including, but not limited to, actual moving costs, utility deposits, key deposits, storage of personal property up to one (1) month, utility transfer and connection fees and other initial rehousing deposits including first (1st) and last month's rent and security deposit. Such costs of relocation shall not include the cost of a replacement property or any capital improvement thereto.
All displaced businesses eligible for payments shall be provided with relocation payments based upon the following, at the option of the business:
A three thousand dollar ($3,000.00) fixed moving expense payment and up to an additional ten thousand dollars ($10,000.00) for re-establishment expenses. Re-establishment expenses are limited to costs incurred for physical improvements to the replacement property to accommodate the particular businesses at issue; or
Actual costs of moving including costs for packing, crating, disconnection, dismantling, reassembling and installing all personal equipment and costs for relettering similar signs and similar replacement stationery and up to an additional ten thousand dollars ($10,000.00) for re-establishment expenses. Re-establishment expenses are limited to costs incurred for physical improvements to the replacement property to accommodate the particular business at issue.
If a displaced person demonstrates the need for an advance relocation payment in order to avoid or reduce a hardship, the developer or public agency shall issue the payment subject to such safeguards as are appropriate to ensure that the objective of the payment is accomplished. Payment for a satisfactory claim shall be made within thirty (30) days following receipt of sufficient documentation to support the claim. All claims for relocation payment shall be filed with the displacing agency within six (6) months after:
Any displaced person, who is also the owner of the premises, may waive relocation payments as part of the negotiations for acquisition of the interest held by such person. Such waiver shall be in writing, shall disclose the person's knowledge of the provisions of this Section and his/her entitlement to payment and shall be filed with the acquiring public agency. However, any such waiver shall not include a waiver of any notice provisions of this Section and a displaced person shall remain entitled to all of the provisions regarding programs which are contained in Section 523.205(5)(2) and (3), RSMo., as amended.
All persons eligible for relocation benefits shall be notified in writing of the availability of such relocation payments and assistance, with such notice to be given concurrently with the notice of referral sites as required in Subsection (C)(3) above.
Any urban redevelopment corporation, its assigns or transferees, which have been provided any assistance under the operation of Chapters 99 and 100 or Chapter 353, RSMo., with land acquisition by the City, shall be required to make a report to the City Council, which shall include, but not be limited to, the addresses of all occupied residential buildings and structures within the redevelopment area and the names and addresses of persons displaced by the redeveloper and specific relocation benefits provided to each person, as well as a sample notice provided to each person.
An urban redevelopment corporation which fails to comply with the relocation requirements provided in this Section shall not be eligible for tax abatement as provided for in Chapter 353, RSMo.
The requirements set out in this Section shall be considered minimum standards. In reviewing any proposed relocation plan under the operation of Chapters 99 and 100 or Chapter 353, RSMo., the City Council shall determine the adequacy of the proposal and may require additional elements to be provided.
Relocation assistance shall not be provided to any person who purposely resides or locates a business in a redevelopment area solely for the purpose of obtaining relocation benefits.
[R.O. 2009 §155.15; CC 1981 §26.5-1.10; Ord. No. 93-259, 11-2-1993]
The City obtains its authority to enact this Article through Article VI, Section 19(a) and Article VI, Section 21 of the Missouri Constitution, from Chapter 353, RSMo., and from the City Charter.
[R.O. 2009 §155.16; CC 1981 §26.5-2; Ord. No. 89-170, 8-15-1989]
It is determined and declared by the City Council that in certain portions of the City obsolete, deteriorating, substandard, insanitary or blighted areas exist, occasioned by inadequate planning, excessive land coverage, lack of proper light, air or open space, defective design or arrangement of buildings, lack of proper sanitary facilities, or the existence of buildings which, by reason of age, obsolescence, inadequate or outmoded design, or physical deterioration, have impaired the economic value of areas, infecting them with blight; and such areas are characterized by depreciated values, impaired investments, reduced or negligible income and consequent tax delinquencies; that such conditions exist in areas where obsolete, deteriorating, substandard, insanitary, outworn or outmoded industrial, commercial or residential buildings prevail and the same are conducive to economic and social liabilities, ill health, transmission of disease, infant mortality, juvenile delinquency and crime; that such conditions occur chiefly in areas which are subdivided into small parcels with multiple ownership and frequently with confusion as to titles; that their assembly for purposes of clearance, replanning, rehabilitation, reconstruction and redevelopment is difficult and costly; that the existence of such conditions and the failure to clear, replan, rehabilitate, reconstruct or redevelop these areas results in progressive deterioration, results in a loss of population by the areas, causes a wasteful expenditure of public funds for policing and occasions large outlays for the creation of public facilities and services elsewhere; that it is impossible and uneconomical for individual owners to independently undertake to remedy such conditions; such conditions require the employment of capital on an investment basis, allowing, however, the widest latitude in the amortization of any indebtedness created thereby; that such conditions further require the acquisition of adequate areas at fair prices, the clearance of such areas through demolition of existing obsolete, deteriorating, inadequate, unsafe or insanitary buildings and the redevelopment of such areas under proper supervision with appropriate planning as to land use, traffic circulation and construction policies; that the clearance, replanning, rehabilitation, reconstruction and redevelopment of such areas on a large scale basis are necessary for the public welfare and are public uses and purposes for which private property may be acquired by purchase of eminent domain; and that such obsolete, deteriorating, substandard, insanitary and blighted areas constitute a menace to the health, safety, morals and welfare of the citizens of the City. Therefore, the necessity for the provisions herein enacted is declared as a matter of legislative determination to be in the public interest.
[R.O. 2009 §155.17; CC 1981 §26.5-3; Ord. No. 89-170, 8-15-1989]
For the purposes of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
- The portion of the City which the City Council has found or shall find to be blighted, so that the clearance, replanning rehabilitation or reconstruction thereof is necessary to effectuate the purposes of this Article. 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.
- BLIGHTED AREA
- The portion of the City which the City Council determines that by reason of age, obsolescence, inadequate or outmoded design or physical deterioration have become economic and social liabilities and that such conditions are conducive of ill health, transmission of disease, crime or inability to pay reasonable taxes.
- CONSTRUCTION WORK
- The taking of possession of land, clearance of the area, erection of improvements and all other related matters to effectuate an approved development plan causing the physical rehabilitation, construction, reconstruction and redevelopment of the area.
- An urban redevelopment corporation organized and existing under and pursuant to the provisions of the "Urban Redevelopment Corporation Law".
- The cost of the redevelopment project and shall include, among other expenses, the cost of land, interest during construction, the expense of demolition of existing structures, the expense of utilities, landscaping and roadways, the expense of construction, equipping and furnishing of buildings and improvements, including architectural, engineering and builders' fees, the expense of reconstruction, rehabilitation, redevelopment, remodeling or initial repair of existing buildings and improvements, brokers' fees, attorneys' fees, realtors' fees, planners' fees, preliminary costs for planning, surveys, title insurance, bonding, preopening expenses, reasonable management and operation expenses until the project is ready for its proposed use as provided for in the approved development plan and the expense of improving those portions of the area which are to remain open spaces, together with additional expense incurred as a result of additions to or changes in the development plan where such additions or changes are approved by ordinance.
- DEVELOPMENT PLAN
- A plan, together with any amendments thereto, for the redevelopment of all or any part of a blighted area.
- REAL PROPERTY
- Includes lands, buildings, improvements, land under water, waterfront property and any and all easements, franchises and hereditaments, corporeal or incorporeal, and every estate, interest, privilege, easement, franchise and right therein, or appurtenant thereof, legal or equitable, including restrictions of record created by plat, covenant or otherwise, rights-of-way and terms for years.
- The clearance, replanning, reconstruction or rehabilitation of any blighted area 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.
- URBAN REDEVELOPMENT CORPORATIONS LAW
- Chapter 353, RSMo., as amended.
[R.O. 2009 §155.18; CC 1981 §26.5-4; Ord. No. 89-170, 8-15-1989]
The process of urban renewal review under this Article can be initiated by the introduction of a Council bill declaring an area to be blighted or by the submission of a proposed development plan by a developer.
If a Council bill is introduced to declare an area to be blighted, then the bill shall be referred by the City Clerk to the Community Development Department for study and for recommendation to the Council.
If a proposed development plan is submitted by a developer, then the plan shall be filed with the Community Development Department and the Mayor and City Council shall be notified that the proposed development plan has been filed. If the plan has been submitted prior to a declaration that the area is blighted, then the Community Development Department shall consider the question of blight at the same time it considers the plan. The Community Development Department shall study the plan and submit its recommendation to the Council.
[R.O. 2009 §155.19; CC 1981 §26.5-5; Ord. No. 89-170, 8-15-1989]
The Community Development Department shall send its recommendation to the City Council within thirty (30) days after receipt of a proposed ordinance pertaining only to blighting. A recommendation to declare the area blighted shall contain a determination that the area is blighted and that redevelopment of the area is necessary and in the public interest.
[R.O. 2009 §155.20; CC 1981 §26.5-6; Ord. No. 89-170, 8-15-1989]
Any ordinance declaring that an area is blighted shall contain a finding that the area is in fact blighted and that redevelopment of the area is necessary and in the public interest.
[R.O. 2009 §155.21; CC 1981 §26.5-7; Ord. No. 89-170, 8-15-1989]
Any corporation proposing to file a development plan for approval by the City Council shall first submit the proposed plan and supporting information to the Community Development Department. No proposed development plan shall be accepted for filing unless it is accompanied by a non-refundable filing fee to the City of five hundred dollars ($500.00) 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 other fees, licenses and charges required by the ordinances of the City applicable to the corporation or the redevelopment project to be undertaken.
[R.O. 2009 §155.22; CC 1981 §26.5-8; Ord. No. 89-170, 8-15-1989]
A development plan shall contain:
General description. A general description and preliminary design plan of the proposed project showing the proposed land use and traffic circulation.
Legal description. A legal description of the development area by metes and bounds or other definite designation.
Supporting evidence of blight. Identification of the facts which demonstrate that the area is a blighted area.
Stages of project. A statement of the various stages, if more than one (1) is intended, by which the development 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 by metes and bounds or other definite designation of the real property to be included in each stage.
Property to be demolished immediately. A statement of existing buildings or improvements in the development area to be demolished immediately, if any.
Property not to be demolished immediately. A statement of existing buildings or improvements in the development area not to be demolished immediately, if any, and the approximate period of time during which the demolition of each such building or improvement is to take place.
Building renovation. A statement of the proposed improvements, if any, to each building not to be demolished immediately, any proposed repairs or alterations to such buildings and the approximate period of time during which such improvements, repairs or alterations are to be made.
New construction. A statement of the type, number and character of each new industrial, commercial, residential or other building or improvements to be erected or constructed.
Open space. A statement of those portions, if any, of the blighted area which may be permitted or will be required to be left as open space, the use to which each 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.
Property for public agencies. A statement of those portions, if any, of the blighted area which are proposed to be sold, donated, exchanged or leased to the School Board, Library Board or any other public agency and an outline of the terms of such proposed sale, donation, exchange or lease.
Zoning changes. A statement of the proposed changes, if any, in zoning ordinances or maps necessary or desirable for the redevelopment and its protection against blighting influences.
Street changes. A statement of the proposed changes, if any, in existing easements in streets or street levels and any proposed street closings and any changes which would have to be made to streets or alleys adjoining or near the redevelopment project, including the plan for financing these changes.
Utility changes. A statement of the changes, if any, which will be required in utility sources to accommodate the redevelopment project and changes, if any, in utility lines, easements, or locations.
Dwelling accommodations. A statement of the character of the existing dwelling accommodations, if any, in the blighted area, the approximate number of families residing therein.
Existing businesses. A statement of the character of the existing businesses, if any, in the blighted area and the number of businesses.
Housing and business relocation. If the developer is requesting the power of eminent domain, a relocation plan in accordance with Section 515.110 hereof.
Proposed housing. A statement of the character, type and quality of construction, approximate number of units, approximate rentals and approximate date of availability of the proposed dwelling accommodations, if any, to be offered to displaced residents during the construction, by each stage of development, and upon completion of the redevelopment.
Tax abatement. A statement providing:
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;
The assessed valuation of the land and the time improvements thereon, respectively, before development;
The estimated assessed valuation of the land and the improvements thereon, respectively, after redevelopment;
The impact, including an estimate of the amount of ad valorem revenues to be affected by the grant of tax abatement, such tax abatement will have on each taxing authority whose boundaries include any portion of the redevelopment area; and
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.
Financing. A statement of the proposed method of financing the costs of the development plan. Included as a part of the financing statement shall be reasonable estimates of the costs of acquisition, demolition, construction and rehabilitation, if any, as well as proposed sources and amounts of equity capital and other financing expected to be used in such development. Further, the financing statement shall identify the amount of equity capital which shall be required and the sources of that equity.
Qualifications. A statement detailing the experience and qualifications of the person or corporation, including any principals, submitting the proposed development plan and proposed to be actively involved in the overall direction and implementation of the redevelopment project.
Eminent domain. A statement giving the legal description of the real property owned or under option or contract of purchase, if any, or proposed to be purchased or to be acquired by eminent domain by the corporation and the reasons why acquisition by condemnation is proposed.
Eminent domain, exercised by the City. A statement giving the legal description of the real property, if any, proposed to be purchased or acquired by eminent domain by the City in behalf of the proponents of the development plan, the reasons why the aid of the City is sought for this purpose, and the estimated cost of acquisition of the property.
Acquisition of public property. A statement listing any real property in public use and belonging to the City, County, State or any political subdivision thereof, together with the consent of such authority to the acquisition of such property or the plan for obtaining the consent.
Affirmative action. A statement that the developer and its heirs, assigns and successors will, at all times, make all facilities in the developed area available to the general public without regard to race, religion, color, national origin, sex or age.
Certificates. A certificate from the Secretary of State that the corporation submitting the development plan is a lawfully organized and existing Missouri urban redevelopment corporation under and pursuant to the Urban Redevelopment Corporation Law.
Miscellaneous. The Community Development Department and the City Council may each require the corporation to submit additional information.
[R.O. 2009 §155.23; CC 1981 §26.5-9; Ord. No. 89-170, 8-15-1989; Ord. No. 93-259, 11-2-1993]
Relocation plans shall be submitted as required by Section 515.020.
[R.O. 2009 §155.24; CC 1981 §26.5-10; Ord. No. 89-170, 8-15-1989]
Within fifteen (15) days after a development plan has been filed, the Community Development Department shall give written notice of the filing of the development plan with the department by depositing such notice in the United States mail, postage prepaid, addressed to each mailing address within the project area, if the property is improved, or if the property is unimproved, then to the address of each person or entity having a property interest in the property as shown on the records of the Assessor. The notice shall contain a statement that notices of public hearings concerning the plan will be inserted in a newspaper of general circulation within the City. The notice shall also contain a statement that any person or entity having an interest of record may file a request with the City Clerk that the person or entity is to be notified by mail of all public hearings concerning the plan; provided however, for purposes of determining whether or not the person was notified, the publication shall be deemed to be sufficient.
[R.O. 2009 §155.25; CC 1981 §26.5-11; Ord. No. 89-170, 8-15-1989]
The recommendation of the Community Development Department shall be transmitted to the City Council within forty-five (45) days from the last date on which a development plan for the particular area is submitted. In the event more than one (1) development plan covering the same common land area, in whole or in part, is transmitted to the Department, then the analysis, reports and recommendations concerning all development plans shall be submitted on the same date. If the Department fails to make a recommendation within the forty-five (45) day period, then the failure to recommend shall be treated as a recommendation to not approve the plan.
[R.O. 2009 §155.26; CC 1981 §26.5-12; Ord. No. 89-170, 8-15-1989]
The recommendation of the Community Development Department concerning a development plan shall contain comments on the following conditions and state the reasons and facts supporting each such comment:
Whether the public purpose as declared by this Article will be effectuated by the development plans;
Whether the development plan is in the public interest;
Whether the development plan will be in accord with the overall redevelopment of the blighted area;
Whether the development plan is consistent with the Comprehensive Plan for the City;
Whether the size of the area proposed by the development plan will allow a practical and economically viable development and whether alternative boundaries are appropriate;
Whether the stages, if any, by which reconstruction of the area as proposed by the development plan will allow a practical and economically viable development;
Whether housing accommodations are or will soon be elsewhere available for all families who will be displaced by the redevelopment project;
Whether alternate locations for businesses which will be displaced by the development plan are or will soon be available;
Whether public facilities, including, but not limited to, school, 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 is ready for use to service the area;
Whether the proposed changes, if any, in zoning ordinances or maps are necessary or desirable for the redevelopment of the area and its protection against blighting influences and for the City as a whole;
Whether the proposed changes, if any, in streets and street levels or any proposed street closings are necessary or desirable for the redevelopment of the area and its protection against blighting influences and for the City as a whole;
The estimated cost of acquisition of real property, if any, which it is proposed the City will acquire for proponents of the development plan, by the exercise of the power of eminent domain.
[R.O. 2009 §155.27; CC 1981 §26.5-13; Ord. No. 89-170, 8-15-1989]
No other development plan which proposes the acquisition of all or any part of the real property in the area described in any development plan then on file with the Community Development Department shall be considered by the Council or the Department, unless such plan shall also be filed with the Department within thirty (30) days following the date the first (1st) plan was filed with the Department.
In the event more than one (1) development plan concerning the same common land area, in whole or in part, are properly submitted to the Department, then the recommendation shall:
Include for each plan the determinations listed in the preceding Section;
Contain a comparative analysis of the development plans based on the required determinations;
Discuss in detail the conclusions drawn from the said comparative analysis;
Recommend which development plan, if any, is best suited to the public interest.
[R.O. 2009 §155.28; CC 1981 §26.5-14; Ord. No. 89-170, 8-15-1989]
Any bill approving a development plan shall be either approved or denied by the City Council within six (6) months from the date the plan was filed with the City. Any bill approving a development plan which has not been approved or denied by the City Council within the six (6) month period shall be considered to be denied by the City Council. The six (6) month limitation may be extended by the mutual agreement of the developer and the City Council.
[R.O. 2009 §155.29; CC 1981 §26.5-15; Ord. No. 89-170, 8-15-1989]
Full Exemption. The real property of a corporation acquired pursuant to this Article shall not be subject to assessment or payment of general ad valorem taxes imposed by the City for a period not in excess of ten (10) years after the date upon which such corporation became owner of such real property, except to such extent and in such amount as may be imposed upon such real property during such period measured solely by the amount the assessed valuation of the land, exclusive of improvements, acquired pursuant to this Article and owned by such corporation, as was determined by the Assessor of St. Charles County, for taxes due and payable thereon during the calendar year preceding the calendar year during which the corporation acquired title to such real property; and the amounts of such tax assessments shall not be increased during such period so long as the real property is owned by a corporation and used in accordance with a development plan authorized by the Council.
Property Already Exempt. In the event, however, that any such real property was tax exempt immediately prior to ownership by any such corporation, the City shall immediately request the Assessor to promptly assess such land, exclusive of improvements, in accordance with the provisions of Section 353.110, RSMo. The amount of such assessed valuation so fixed by the Assessor shall not be increased during the period determined by Council, not to exceed ten (10) years next following the date upon which such corporation acquired ownership thereof, so long as such property is owned by such corporation and used in accordance with the development plan authorized and approved by the Council.
Partial Exemption. For the next ensuing period not in excess of fifteen (15) years, City ad valorem taxes upon such real property shall be measured by the assessed valuation thereof as determined upon the basis of fifty percent (50%) of the true value of the real property, including any improvements thereon, nor shall such valuations be increased over fifty percent (50%) of the true value of such real property from year to year during the period not in excess of fifteen (15) years, so long as such real property is owned by such corporation and used in accordance with an authorized development plan.
Determination Of Specific Percent Of Tax Exemptions. The specific percent of tax exemptions and the specific length of time during which the exemptions shall apply shall be determined by the City Council and made a part of the agreement between the City and the corporation.
Full Assessment. After such periods totaling not more than twenty-five (25) years, the real property shall be subject to assessment by the City and payment of all ad valorem taxes based on the full true value of the real property and shall be owned and operated by the urban redevelopment corporation free from the conditions, restrictions and provisions of this Chapter.
Contract Between City And Corporation.
Notwithstanding any other provisions of this Section to the contrary, after appropriate notice and hearings as hereafter set out, the contract between the City and the corporation shall provide that with respect to all property subject to the development plan, with the exception of institutional property and property otherwise tax exempt, which is owned by the corporation, its subsidiaries, assigns or nominees and is tax abated pursuant to Section 353.110, RSMo., and this Section, the corporation, its subsidiaries, assigns or nominees shall with respect to all such property, in addition to the ad valorem taxes computed under Section 353.110, RSMo., pay to the City during the years in which tax abatement applies an annual payment in lieu of taxes which equals the amount by which the actual tax on such property computed pursuant to Section 353.110, RSMo., is less than the taxes which were imposed on such property in the year immediately prior to the year in which the abatement begins.
The contract with the corporation shall provide that the obligation to make the foregoing payments shall constitute a lien against each parcel for which such payment is required enforceable by the City in the same manner as general real estate taxes.
The City shall furnish the Collector of Revenue a copy of the contract requiring payment in lieu of taxes. The Collector shall allocate all revenues received from such payments 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.
[R.O. 2009 §155.30; CC 1981 §26.5-16; Ord. No. 89-170, 8-15-1989]
Prior to declaring any area of the City to be a blighted area and approving therefor a development plan and authorizing the execution of a redevelopment agreement which grants to any urban redevelopment corporation rights, powers, duties, immunities and obligations not inconsistent with the provisions of the Urban Redevelopment Corporation Law, the City Council shall hold a public hearing for the stimulation of comment by those to be affected by any such grant. Notice of such public hearing shall be given by publication in a newspaper of general circulation within the City at least once not less than ten (10) days prior to the public hearing. The notice shall generally describe the property affected by the proposed development plan and designation of blight, give the time, date and place of the hearing and state that all persons interested or affected by the proposed designation of blight and redevelopment plan approval are invited to attend the public hearing.
Whenever the City Council shall propose to grant an urban development corporation tax abatement, or to receive payments in lieu of taxes pursuant to Chapter 353, RSMo., the City shall:
Conduct a public hearing regarding such tax abatement exemption or payments in lieu of taxes, at which hearing all political subdivisions whose boundaries for ad valorem taxation purposes include any portion of the real property to be affected by such tax abatement, exemption or payments in lieu of taxes shall have the right to be heard on such grant of tax abatement, exemption or payments in lieu of taxes.
Furnish each political subdivision described in Subsection (B) above within fifteen (15) days after a development plan has been filed with a written statement of the impact on ad valorem taxes such tax abatement, exemption or payments in lieu of taxes will have on such political subdivisions along with a written notice of the hearing to be held pursuant to Subsection (B)(1) above, which statement and notice shall include:
The time, date and place of the public hearing;
An estimate of the amount of ad valorem tax revenues of each political subdivision which will be affected by the proposed tax abatement, exemption or payments in lieu of taxes based upon the estimated assessed valuation of the real property involved as such property would exist before and after it is redeveloped; and
A statement that each political subdivision, or any other interested party, will be allowed to comment at such public hearing.
The public hearings of the City Council called for by this Section may be combined into one (1) public hearing provided that the notices required for each hearing are given prior to the date of the combined hearing.
[R.O. 2009 §155.31; CC 1981 §26.5-17; Ord. No. 89-170, 8-15-1989]
Every ordinance approving a development plan shall contain:
A finding and declaration that the development plan is in the public interest;
A provision for liquidated damages to be assessed in favor of the City upon the failure of the urban redevelopment corporation to complete the development project within the time agreed upon by parties;
A provision setting forth any performance bond or surety requirements for completion of public improvements and setting forth any completion assurance agreement or other security requirements as the City Council may determine to be appropriate in respect of the feasibility of the particular project, taking into account the proposed financing arrangements therefor and the interest or involvement therein, directly or indirectly, of the City, of any Federal, State or local agency, department, bureau, authority, commission or similar public entity. The references to discharge of the surety on the performance bond shall be deemed to mean and shall include such other or alternative surety or security requirements as may be provided for under this Subsection in any ordinance approving a development plan or in any amendment to an existing ordinance as herein provided;
A provision limiting the use of the area included in the development plan to that use described for a period of not less than the period of tax exemptions granted to the corporation and not more than twenty-five (25) years;
An acceptable relocation plan for the families and businesses displaced by the development plan;
A provision that the developer and its heirs, assigns and successors will, at all times, make all facilities in the developed area available to the general public without regard to race, religion, color, national origin, age or sex;
A provision determining the necessity for the granting of the power of eminent domain and, in the event such necessity is found to exist, the granting of such power in the form of a certificate of public convenience and necessity to the corporation authorizing and empowering the corporation to acquire by eminent domain or otherwise all or any part of the real property for the purpose expressed in the development plan in the area included in the development plan. The corporation shall have the authority and powers of eminent domain as set forth in Section 353.130, RSMo., subject to such conditions as may be imposed by the City Council;
Other matters which are required by this Article or deemed necessary by the City Council and in the public interest as determined by the City Council in its sole discretion.
[R.O. 2009 §155.32; CC 1981 §26.5-18; Ord. No. 89-170, 8-15-1989]
The Council may determine that it is in the public interest and serves the public purpose as expressed in this Chapter that the power of eminent domain be used by the City or by the urban redevelopment corporation, or by both, in the acquisition of all or part of the real property included in a development plan.
[R.O. 2009 §155.33; CC 1981 §26.5-19; Ord. No. 89-170, 8-15-1989]
If the City Council determines it is in the public interest that the City acquire by eminent domain or otherwise all or part of the real property in the area included in the development plan and for the purpose expressed in the development plan, then the Council may require the corporation to deposit in escrow with the Director of Finance a sum of money in cash, a negotiable cashier's check or checks equal to the estimated cost as determined in the ordinance approving the development plan within ten (10) days after the ordinance is in effect. The term "cost", as used in this Section and as herein defined, includes all expenditures made by the City under this Section, including services of the City Legal Department, the amount paid for such real property, appraisals, abstract, title and recording fees, court costs, witness fees and all other expenses of acquiring such property.
[R.O. 2009 §155.34; CC 1981 §26.5-20; Ord. No. 89-170, 8-15-1989]
If the deposit of the estimated costs exceeds the final actual cost of acquisition as defined herein, then the balance of the deposit shall be used to satisfy in part or in full any legal obligation which the urban redevelopment corporation may owe the City. Any balance thereafter remaining shall be returned to the urban redevelopment corporation within thirty (30) days after a final determination, judicial or otherwise, and payment thereof of the price to be paid for the real property. Upon payment of all costs to the City by the urban redevelopment corporation, the City shall by quitclaim deed convey all real property acquired by it for the project through eminent domain or otherwise to the urban redevelopment corporation.
If the deposit should prove to be insufficient to equal the actual cost to the City of such real property, when such cost is determined after purchase or by action of a condemnation jury or otherwise, then the corporation shall make an additional deposit with the Director of Finance, upon ten (10) days' written notice from the Director of Finance, of a sum of money in cash equal to such additional acquisition cost as so determined. If the corporation fails to make the additional deposit, the City may, at its option, thereupon sell the property. If the City sells the property and if the sales price does not recover the City's acquisition costs and the costs of sale, then the excess costs shall be charged to and paid by the corporation making the deposit and the amount thereof shall be withheld by the Director of Finance from the funds deposited in escrow and applied to the payment of such expenses. The balance of the funds deposited in escrow shall then be returned to the owner thereof.
[R.O. 2009 §155.35; CC 1981 §26.5-21; Ord. No. 89-170, 8-15-1989]
Upon enactment into law of an ordinance approving a development plan:
The City shall enter into an agreement with the urban redevelopment corporation pursuant to the terms and conditions set forth in this Article and the ordinance approving the development plan. The contract between the City and the corporation shall incorporate the provisions of the development plan and, in addition to such other terms as are appropriate, may include the following provisions:
A provision which prohibits assignment of the corporation's rights under the development plan except on the terms and conditions set forth in the contract;
A provision which requires the corporation to comply with the negotiation provisions of Chapter 523, RSMo.;
A provision setting forth the amount and terms of any tax abatement for the real property to which the development plan pertains;
Provisions setting forth the property, if any, the corporation will dedicate to the City or other public agencies for public use;
Provisions setting forth any improvements the City will provide or construct in conjunction with the development plan;
Provisions requiring the corporation to submit periodic reports to the City regarding the progress of the project, the financial condition of the corporation and the availability of equity or loan financing for future stages of the development plan;
A provision limiting the net earnings of the corporation in the manner specified in the Urban Redevelopment Corporations Law and specifying the disposition of any excess earnings;
Provisions setting forth the remedies for failure of the corporation to complete development in the time and manner specified in the contract and final development plan.
The urban development corporation shall obtain all necessary permits as prescribed by law and perform other necessary acts as required by this Article or the ordinance approving the development plan.
[R.O. 2009 §155.36; CC 1981 §26.5-22; Ord. No. 89-170, 8-15-1989]
An urban redevelopment corporation whose development plan has been approved by ordinance and which desires to obtain the benefits of tax exemption status contained in Section 353.110, RSMo., shall file with the Director of Finance a financial statement prepared by an independent certified public accountant, as follows:
Such statement shall be filed annually within one hundred twenty (120) days following the close of the corporation's fiscal year and the first (1st) such 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.
The financial statement shall:
Follow generally an accepted accounting practice;
Contain a balance sheet and an operating profit and loss statement;
Contain other information the Director of Finance by rule or regulation shall require;
Be duly attested to by the President and the Treasurer of the corporation as an accurate and truthful representation of the corporations's financial condition;
Contain a statement of the accountant's opinion as to the accuracy and reliability of the financial statements.
[R.O. 2009 §155.37; CC 1981 §26.5-23; Ord. No. 89-170, 8-15-1989; Ord. No. 07-162, 6-11-2007]
The Mayor shall make a written report to the City Council, which shall contain the following:
The reports shall be filed six (6) months from the date of the agreement and every six (6) months thereafter. The Mayor may file interim reports. A copy of all reports shall be filed with the City Clerk. The urban redevelopment corporation may, from time to time, request certification of completion for a stage of construction and development. The Mayor may recommend that the amount of the performance bond or such other surety or security as may be required under Section 515.190 be reduced proportionately to the remaining cost.
[R.O. 2009 §155.38; CC 1981 §26.5-24; Ord. No. 89-170, 8-15-1989]
The Director of Finance shall review all financial statements submitted, shall determine the net income of the urban redevelopment corporation and shall determine whether the accumulation of surplus net earnings as defined by law, if any, is being handled as provided by law and by agreement.
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 and by agreement, then the Director of Finance shall certify to the Assessor within sixty (60) days after receipt of the financial statement that the urban redevelopment corporation is eligible for the tax exemption provisions contained in the "Urban Redevelopment Corporation Law" and found in Section 353.110, RSMo., as amended.
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 and by the agreement, then the Director of Finance shall certify to the Assessor within sixty (60) days after receipt of the financial statement that such corporation is not eligible under the tax exemption provisions contained in Section 353.110, RSMo., of the "Urban Redevelopment Corporation Law".
[R.O. 2009 §155.39; CC 1981 §26.5-25; Ord. No. 89-170, 8-15-1989; Ord. No. 07-162, 6-11-2007]
Upon the written request of the urban redevelopment corporation for the issuance of a certificate of completion of the project, the Mayor shall review all inspection reports submitted and may make any additional investigation deemed necessary.
In the event that the Mayor determines the project has been completed in substantial compliance with the approved development plan and the agreement, then the Mayor shall notify the Director of Finance of this decision within thirty (30) days. The Director of Finance shall then discharge the surety on the performance bond.
In the event that the Mayor determines that the project has not been completed, then the Mayor shall transmit notice by registered mail, return receipt requested, to the corporation stating the reasons for the finding that there has not been substantial completion.
If the Mayor fails to notify the urban redevelopment corporation within thirty (30) days after receipt of the written request that the project has not been completed, then the failure shall be deemed a certification of completion. Upon presentation of such evidence to the Director of Finance, the Director of Finance shall discharge the surety on the performance bond.
[R.O. 2009 §155.40; CC 1981 §26.5-26; Ord. No. 89-170, 8-15-1989]
In the event that the certification grants tax exemption status, in whole or in part, to property owned by the urban redevelopment corporation under Section 353.110, RSMo., the Assessor shall forthwith reassess, in whole or in part, the property of the urban redevelopment corporation.
[R.O. 2009 §155.41; CC 1981 §26.5-27; Ord. No. 89-170, 8-15-1989; Ord. No. 07-162, 6-11-2007]
Proceedings. Whenever any corporation operating under an approved development plan does not substantially comply with the development plan within the time limits and in the manner for the completion of each stage thereof as therein stated, or any contract entered into pursuant thereto, reasonable delays caused by unforeseen circumstances beyond its control alone excepted, or shall do, permit to be done, or fail, or omit or do anything contrary to or required of it by this Article, or shall be about so to do, permit to be done, or fail or omit to have done, then any such fact shall immediately be certified by the Mayor to the City Council. The Council may authorize any one (1) or more of the following:
A proceeding in the Circuit Court in the name of the City to have such action, failure, omission, or threatened action or omission stopped, prevented or rectified by injunction or otherwise;
An action for damages against the corporation or its successors or assigns for breach of any of the provisions of the redevelopment plan;
Forfeiture of any escrow being held to insure completion of the project and execution of the provisions of the plan and the agreement;
An action to enforce any bond which insures completion of the project or execution of the provisions of the plan and the agreement;
Any other action deemed appropriate by the Council.
Exception. If any person or corporation shall propose more than one (1) plan and such plans are approved as provided in this Article, the failure to comply with one (1) or more of such plans within the time limits and in the manner for the completion of each stage thereof is therein stated, shall not give the City any right of action with respect to the plans which have been fully complied with within the time limits and in the manner for the completion of each stage thereof as therein stated; and the real property included in such plans which have been fully complied with shall be entitled to the tax relief provided for in this Chapter.
[R.O. 2009 §155.42; CC 1981 §26.5-28; Ord. No. 89-170, 8-15-1989]
In the event the certification states that tax exempt status cannot be granted to the urban redevelopment corporation, then the Assessor shall assess all property of the urban redevelopment corporation at its true value as provided by law.
[R.O. 2009 §155.43; CC 1981 §26.5-29; Ord. No. 89-170, 8-15-1989]
In the event an ordinance approves a development plan for an area, then the Building Inspector shall not issue a building permit for construction in the area on land obtained in compliance with the development plan unless the building plans are in substantial compliance with the approved development plan as amended, modified or changed by ordinance for the period during which the plan is in effect.
[R.O. 2009 §155.44; CC 1981 §26.5-30; Ord. No. 89-170, 8-15-1989]
Certification To Be Made With Application And Prior To Approval. At the time of filing a development plan which provides for the acquisition of property by eminent domain, the corporation shall certify that the corporation, as a consideration of or approval of the plan, after approval of the plan, shall comply with the negotiation provisions of Chapter 523, RSMo. The certification shall be filed with the City Clerk.
Certifications To Be Filed After Approval. After approval of a development plan by the Council, the corporation shall file an annual report providing the following information:
Availability of equity financing as provided for in this Article or some other acceptable alternative financing.
Financial statement indicating compliance with provisions of this Article.
Names and addresses of occupants and businesses displaced by the corporation and specific relocation benefits provided to each occupant and business as well as a sample notice provided each occupant and business within the past year.
Legal description of property acquired and name in which property was acquired.
Addresses of all occupied residential buildings and structures within the project area owned or under the control of the corporation and the status of compliance of such buildings and structures with the provisions of the Property Maintenance Code set forth in Sections 500.110 et seq. and the nuisance provisions set forth in Sections 220.020 et seq.
Status of the redevelopment project as to permits applied for, permits issued, certificates of occupancy issued and any other appropriate documentation.
[R.O. 2009 §155.45; CC 1981 §26.5-31; Ord. No. 89-170, 8-15-1989]
An urban redevelopment 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 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 any urban redevelopment corporation by reason of the foreclosure of any mortgage or other lien through 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 Section 515.170 of this Chapter 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. If such 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 redevelopment plan, the Council may grant the partial tax relief provided in Section 515.170. If such real property shall be used for a purpose different than that described in the redevelopment plan, or if the purchaser does not desire the property to continue under the redevelopment plan, or if the ordinance approving the plan does not provide for continuing tax relief and the City Council shall 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 may be owned and operated free from any of the conditions, restrictions or provisions of this Article.
[R.O. 2009 §155.46; CC 1981 §26.5-32; Ord. No. 89-170, 8-15-1989]
Approval of a development plan does not constitute rezoning, subdividing, or any other act requiring action under the provisions of Chapter 89, RSMo., or under the provisions of any ordinance enacted pursuant to Chapter 89, RSMo.
[R.O. 2009 §155.47; CC 1981 §26.5-33; Ord. No. 89-170, 8-15-1989]
The Community Development Department shall review any proposed amendment to a final development plan previously approved by ordinance and make its recommendation to the City Council. No amendment shall be reviewed by the department unless and until an application for amendment has been filed with the department by the corporation or its assignee containing those portions of the statements and information required by Section 515.100 relevant to the proposed amendment and unless and until the department shall make the determinations required by Section 515.140 relevant to the proposed amendment. The notice and hearing requirements of Sections 515.030 and 515.180 shall also apply.
[R.O. 2009 §155.48; CC 1981 §26.5-34; Ord. No. 89-170, 8-15-1989]
The provisions of the "Urban Redevelopment Corporations Law" found at Chapter 353, RSMo., are hereby accepted and shall apply to all persons and corporations operating under this Article, insofar as the same may be applicable thereto.