[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.
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.
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.
A plan, together with any amendments thereto, for the redevelopment
of all or any part of a blighted area.
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.
A specific work or improvement to effectuate all or any part
of a development plan.
Chapter 353, RSMo., and any amendments thereto.
[R.O. 2011 §12.12.050; Prior Code §32A-5; Ord. No. 5085 §5]
A.Â
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.
B.Â
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]
A.Â
The
development plan shall contain:
1.Â
General description. A general description of the
proposed redevelopment project showing proposed land use and traffic
circulation;
2.Â
Legal description. A legal description of the proposed
development area by metes and bounds or other definite designation;
3.Â
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;
4.Â
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;
5.Â
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;
6.Â
Housing. A statement of the housing accommodations
available for those persons who will be displaced by the redevelopment
project;
7.Â
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;
8.Â
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;
9.Â
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[1]]
[1]
Editor's Note: This ordinance provided for the renumbering
of former Subsection (A)(9) as Subsection (A)(10).
10.Â
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.
11.Â
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]
A.Â
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:
1.Â
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;
2.Â
Whether the plan is in the public interest;
3.Â
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;
4.Â
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;
5.Â
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;
6.Â
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;
7.Â
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]
A.Â
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]
1.Â
Notice of the scheduled public hearing, which shall include:
a.Â
The time, date and place of the public hearing;
b.Â
A general description of the boundaries of the proposed redevelopment
area;
c.Â
A general description of the proposed development plan;
d.Â
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
e.Â
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
2.Â
The written statement referenced in Section 510.060(A)(9).
B.Â
In
every ordinance approving a development plan, the Council shall:
1.Â
Make the following findings and declarations:
a.Â
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;
b.Â
Approval of the plan and its implementation is necessary for the
preservation of the health, safety, morals and welfare of the public;
c.Â
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.
2.Â
Make the following provisions:
b.Â
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;
c.Â
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]
A.Â
The
City may:
1.Â
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;
2.Â
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
3.Â
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.
