[R.O. 2011 §12.12.010; Prior Code §32A-1; Ord. No. 5085 §1]
This Chapter shall be known and may be cited and referred to as "the urban redevelopment ordinance".
[R.O. 2011 §12.12.020; Prior Code §32A-2; Ord. No. 5085 §2]
It is determined and declared by the Council that in certain portions of the City obsolete, decadent, 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 large areas, infecting them with blight, and that 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, decadent, substandard, insanitary, outworn or outmoded industrial, commercial or residential buildings prevail, and the same are conducive to 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 condition and the failure to clear, replan, rehabilitate, reconstruct or redevelop these areas result in progressive deterioration, 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; that 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, decadent, inadequate, unsafe or insanitary buildings and the redevelopment of such areas under proper supervision with appropriate planning as to land use 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 or eminent domain; and that such obsolete, decadent, 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. 2011 §12.12.030; Prior Code §32A-3; Ord. No. 5085 §3]
The provisions of the Urban Redevelopment Corporations Law found at Chapter 353, RSMo., are accepted and all of the provisions thereof incorporated by reference herein. All such provisions shall apply to all persons and corporations operating under this Chapter insofar as the same may be applicable thereto.
[R.O. 2011 §12.12.040; Prior Code §32A-4; Ord. No. 5085 §4]
The following terms, whenever used or referred to in this Chapter and any contract entered into pursuant hereto, shall, unless a different intent clearly appears from the context, be construed to have the following meanings:
- That portion of the City which the City Council has found or shall find to be blighted, so that clearance, replanning, rehabilitation or reconstruction thereof is necessary to effectuate the purposes of this Chapter. Any such area may include buildings or improvements not in themselves blighted, and any real property, whether improved or unimproved, the inclusion of which is deemed necessary for the effective clearance, replanning, reconstruction or rehabilitation of the area of which such buildings, improvements or real property form a part.
- BLIGHTED AREA
- Those portions of the City which the Council determines, that by reason of age, obsolescence, inadequate or outmoded design or physical deterioration, have become economic and social liabilities and that the conditions in such localities are conducive to ill health, transmission of disease, crime or inability to pay reasonable taxes.
- The City of University City.
- The City Plan Commission.
- CONSTRUCTION WORK
- The taking or possession of land, clearance of an area, erection of improvements and all other related matters to effectuate an approved development plan causing the physical rehabilitation, reconstruction and redevelopment of an area.
- An urban redevelopment corporation organized under and pursuant to the provisions of the Urban Redevelopment Corporations Law, and includes any life insurance company organized under the laws of, or admitted to do business in, the State, which shall undertake a redevelopment project under the provisions of this Chapter.
- The cost of the redevelopment project. The term includes, among other costs, the reasonable expense of planning the redevelopment, including preliminary studies and surveys, neighborhood planning and architectural and engineering services, the reasonable value of the services performed in connection with the development plan, interest during construction, the actual cost of the real property or any part thereof, the actual cost of demolition of existing structures, the actual cost of utilities, landscaping and roadways, the actual cost of construction, equipment and furnishing of buildings and improvements, including architectural, engineering and builder's fees, the actual cost of reconstruction, rehabilitation, redevelopment, remodeling, or initial repair of existing buildings and improvements, reasonable management and operation costs until the redevelopment is ready for use, and the actual cost of improving these portions of the area which are to remain open spaces together with such additions to development costs as shall equal the actual cost of additions to or charges in the redevelopment in accordance with the original development plan or after approved changes therein or amendments thereto.
- 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 thereto, 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 incident or appurtenant thereto.
- REDEVELOPMENT PROJECT
- A specific work or improvement to effectuate all or any part of a development plan.
- URBAN REDEVELOPMENT CORPORATION LAW
- Chapter 353, RSMo., and any amendments thereto.
[R.O. 2011 §12.12.050; Prior Code §32A-5; Ord. No. 5085 §5]
Any corporation proposing to redevelop an area of the City believed by it to be blighted shall file a development plan with the City Clerk, which plan shall have attached thereto a certificate from the Secretary of State of Missouri that such corporation submitting the proposed plan is a lawfully organized and existing Missouri Urban Redevelopment Corporation under and pursuant to the Urban Redevelopment Corporation Law.
The City Clerk shall immediately refer the plan to the Commission for study and recommendation to the Council as provided in this Chapter and shall simultaneously therewith notify the Mayor and Council, in writing, of the submission of said plan.
[R.O. 2011 §12.12.060; Prior Code §32A-6; Ord. No. 5085 §6]
The development plan shall contain:
General description. A general description of the proposed redevelopment project showing proposed land use and traffic circulation;
Legal description. A legal description of the proposed development area by metes and bounds or other definite designation;
Stages of project. A statement of the various stages, if more than one (1) is intended, by which the plan is proposed to be implemented or undertaken, and the approximate time limit for the commencement and completion of each stage, together with a legal description of the real property to be included in each stage;
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 streets or street levels, any proposed street closings, and any changes which would have to be made to streets adjoining or near the proposed redevelopment project;
Housing. A statement of the housing accommodations available for those persons who will be displaced by the redevelopment project;
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;
Acquisition of real property. A statement giving the legal description of the real property owned, or proposed to be purchased or, if known, to be acquired by eminent domain by the corporation;
Tax Impact Statement. A written statement of the impact on ad valorem taxes such tax abatement or exemption will have on the political subdivisions, which shall be prepared by or at the direction of the corporation and shall include an estimate of the amount of ad valorem tax revenues of each political subdivision that will be affected by the proposed tax abatement or exemption, based on the estimated assessed valuation of the real property involved as such property would exist before and after it is redeveloped; and
[Ord. No. 7110, 7-8-2019]
Editor's Note: This ordinance provided for the renumbering of former Subsection (A)(9) as Subsection (A)(10).
Other information. The plan, and any application to the Commission for approval thereof, shall also contain such other statements or exhibits as may be deemed relevant by the Commission or by the corporation.
The corporation shall provide or cause to be provided to the City a complete list of all political subdivisions whose boundaries for ad valorem taxation purposes include any portion of the property to be affected by tax abatement or exemption, and other information deemed necessary by the Commission or the City Manager to evaluate the proposed development plan and comply with the requirements of this Chapter and the Urban Redevelopment Corporation Law.
[Ord. No. 7110, 7-8-2019]
[R.O. 2011 §12.12.070; Prior Code §32A-7; Ord. No. 5085 §7]
The Commission shall report its recommendations to the Mayor and Council within ninety (90) days of the filing of the plan. Said time may be extended by the Council, upon request of the Commission, for an additional sixty (60) days. Said recommendation shall contain a determination of the following conditions:
Whether the area proposed to be redeveloped pursuant to the plan is a blighted area as defined in Section 510.040 and redevelopment of the area under the Urban Redevelopment Corporation Law and this Chapter is necessary or advisable to effectuate the public purposes declared herein and is in the public interest;
Whether the plan is in the public interest;
Whether the public facilities of school, fire, water, sewer, police, transportation, park and playground, public or private are presently adequate or will be adequate at the time the redevelopment project is completed;
Whether the proposed changes, if any, in zoning ordinances or maps are necessary or desirable for the redevelopment of the area or its protection against blighting influences or both;
Whether the acquisition of any part of the real property included in the area to be redeveloped pursuant to the plan by eminent domain is for the public convenience and necessity;
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 or as protection against blighting influences or both;
Whether the size of the area proposed by the proposed plan will allow a practical and satisfactory development.
[R.O. 2011 §12.12.080; Prior Code §32A-8; Ord. No. 5085 §8]
The recommendation of the Commission upon each plan shall be filed with the City Clerk who shall submit the report of the Commission and plan to the Council. At its next regular meeting the Council shall set a date for a public hearing on the plan. Not less than ten (10) days before the public hearing, the City shall furnish (by hand delivery or by registered or certified mail, return receipt requested) to the political subdivisions whose boundaries for ad valorem taxation purposes include any portion of the property to be affected by tax abatement:
[Ord. No. 7110, 7-8-2019]
Notice of the scheduled public hearing, which shall include:
The time, date and place of the public hearing;
A general description of the boundaries of the proposed redevelopment area;
A general description of the proposed development plan;
An invitation to submit comments to the Council prior to the date of the public hearing concerning matters that will be discussed at the public hearing, and to appear at the public hearing and provide comments; and
A statement that all interested persons and all political subdivisions will have the opportunity to be heard on such grant of tax abatement or exemption; and
In every ordinance approving a development plan, the Council shall:
Make the following findings and declarations:
The area included within the plan is a blighted area as defined in Section 510.040 and the Urban Redevelopment Corporation Law, and that the redevelopment of the area is necessary and in the public interest under the Urban Redevelopment Corporation Law and under this Chapter;
Approval of the plan and its implementation is necessary for the preservation of the health, safety, morals and welfare of the public;
If the corporation seeks to acquire all or any part of the real property within the blighted area by the exercise of the power of eminent domain, that such acquisition by the exercise of the power of eminent domain is for the public convenience and necessity.
Make the following provisions:
Direct the City Manager to contract with the corporation pursuant to terms and conditions set forth in the ordinance approving the plan. The contract itself may be embodied in the ordinance. Said contract shall contain: the provisions as embodied in the plan; the provisions as embodied in the approving ordinance; a provision that the applicable provisions of this Chapter shall be incorporated by reference to such contract; a provision that the applicable provisions of the Urban Redevelopment Corporation Law conferred upon all such corporations shall be incorporated by reference; a provision setting forth rights, powers and authority which, by said law, may be conferred by the City upon such corporation and which the City is conferring upon said corporation by such ordinance. Said contract may provide: a method of means for the amendment or modification of said plan; a method of administering the implementation thereof; and any and all other lawful provisions not inconsistent with the Urban Redevelopment Corporation Law. No such contract, however, shall be construed as an enlargement of the authority conferred upon the City by the Urban Redevelopment Corporation Law;
Such other matters which are deemed necessary or in the public interest as determined by the Council.
[R.O. 2011 §12.12.090; Prior Code §32A-9; Ord. No. 5085 §9]
In the event that the Council shall determine it is in the public interest that the corporation be granted the authority and power to acquire real property and incidents thereto pertaining within the area included in the plan by eminent domain, the City Council shall grant a certificate of public convenience and necessity to said corporation authorizing and empowering the said corporation to acquire, by eminent domain or otherwise, all or any part of the real property for the purpose expressed in the plan in the area included in the plan. Such corporation may thereafter exercise the power of eminent domain in the manner provided for corporations in Revised Statutes of Missouri, or may exercise the power of eminent domain in the manner provided in any other applicable statutory provision. The property already devoted to public use may be acquired in like manner; provided that no real property belonging to the City, County or the State, or any political subdivision thereof, may be acquired without its consent.
[R.O. 2011 §12.12.100; Prior Code §32A-10; Ord. No. 5085 §10]
The City may:
Acquire by the exercise of the power of eminent domain, or otherwise, an area designated on any master plan of the City as a redevelopment area;
Clear any such real property and install, construct and reconstruct street, 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
Sell such real property for use in accordance with the provisions of this Chapter.
[R.O. 2011 §12.12.110; Prior Code §32A-11; Ord. No. 5085 §11]
In the event a plan requires a change of zoning, the corporation may apply for the zoning change at the time the plan is filed with the Commission, and the public hearing on the plan, and the hearing on any proposal for zoning change at the hearing, may be held concurrently in the discretion of the Council.
[R.O. 2011 §12.12.120; Prior Code §32A-12; Ord. No. 5085 (part); Ord. No. 5165 §1]
Notwithstanding the provisions of this Chapter, an urban redevelopment corporation may, as a redeveloper under the provisions of the Land Clearance for Redevelopment Authority Law, acquire property, by purchase or lease, from the land clearance for redevelopment authority of University City in the manner and under the terms and conditions specified in said law.