[Ord. No. 345 §1, 6-14-2000]
This Chapter shall be known and may be cited and referred to as the "Redevelopment Ordinance".
[Ord. No. 345 §2, 6-14-2000]
It is hereby found, determined and declared by the Board of Aldermen of the City of Truesdale, Missouri, that in certain portions of the City obsolete, deteriorating, substandard, insanity or blighted areas exist, occasioned by age, obsolescence, inadequate planning, outmoded design or physical deterioration, excessive or unproductive land coverage, lack of appropriate light, air, open space, defective design or arrangement of building, lack of proper support facilities or existence of obsolete, inadequate, outmoded and poorly designed or physically deteriorated buildings and have become economic and social liabilities and such conditions are conductive to ill health, transmission of disease, crime or inability to pay reasonable taxes, have impaired the economic value of areas infecting them with blight characterized by depreciated values, impaired investment, reduced income and consequential inability to pay reasonable taxes; that the assembly of property in blighted areas is essential for the clearance of blight, replanning, reconstruction and redevelopment for the removal of blight; that the existence of such conditions and the failure to clear, replan, rehabilitate, reconstruct or redevelop these areas results in progressive deterioration, causes a wasteful expenditure of public funds for policing and occasions large outlays for the creation and maintenance of public facilities and services; that such conditions require the employment of capital on an investment basis and the redevelopment of such areas under proper supervision with appropriate planning as to land use, traffic circulation and construction; that the clearance, replanning, rehabilitation, reconstruction and redevelopment of such areas on a substantial scale are necessary for the removal of blight and for the public welfare; 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. It is necessary to encourage the removal of blight and to provide procedures for its removal; the removal of blight and the procedures hereby adopted are determined to be in the public interest.
[Ord. No. 345 §3, 6-14-2000]
The provisions of the "Urban Redevelopment Corporations Law", Chapter 353, RSMo., as amended, are hereby accepted and shall apply to all persons and corporations operating under this Chapter, insofar as the same may be applicable thereto.
[Ord. No. 345 §4, 6-14-2000]
As used in this Chapter, the following terms shall have these prescribed meanings:
- ADVISORY COMMITTEE
- Advisory Committee to be appointed by the Mayor of the City of Truesdale.
- That portion of the City which the Board of Aldermen has found or shall find to be blighted so that the clearance, replanning, rehabilitation or reconstruction thereof is necessary to effectuate the purposes of the Urban Redevelopment Corporations Law and 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 Board of Aldermen shall determine that, by reasons of age, obsolescence, inadequate or outmoded design or physical deterioration, have become economic and social liabilities and that such conditions are conducive to ill health, transmission of disease, crime or inability to pay reasonable taxes.
- BOARD OF ALDERMEN
- The Board of Aldermen of the City of Truesdale, Missouri.
- The City of Truesdale, Missouri.
- An urban redevelopment corporation organized under and pursuant to the provisions of the "Urban Redevelopment Corporations Law".
- DEVELOPMENT PLAN
- A plan, together with any amendments thereto, for the development of all or any part of a blighted area, which is authorized by the Board of Aldermen by ordinance.
- The Mayor of the City of Truesdale, Missouri.
- Any individual, firm, partnership, joint venture, association, corporation, whether organized for profit or not (except an urban redevelopment corporation organized pursuant to the provisions of the "Urban Redevelopment Corporations Law"), estate, trust, business trust, receiver or trustee appointed by any State or Federal court, syndicate or any other group or combination acting as unit and shall include the male as well as the female gender and the plural as well as the singular number.
- PUBLISHED NOTICE
- "Published notice" of a hearing shall be notice published once in a newspaper of general circulation in the City and posted on the bulletin boards at the City Hall provided and used for posting notices of the Board of Aldermen meetings at least fifteen (15) and not more than thirty (30) days prior to such hearing.
- 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 incidental or appurtenant thereto.
- REDEVELOPMENT AREA
- That portion of a blighted area encompassed by a development plan.
- REDEVELOPMENT PROJECT
- A specific work or improvement to effectuate all or any part of a development plan.
- URBAN REDEVELOPMENT CORPORATIONS LAW
- Chapter 353, RSMo., and any amendments thereto.
[Ord. No. 345 §5, 6-14-2000]
Prior to the authorization and approval of a development plan, or contemporaneously therewith, by the Board of Aldermen by ordinance, there shall be a determination by the Board of Aldermen that the redevelopment area encompassed by the development plan is a blighted area. In determining that an area is a blighted area, the Board of Aldermen may consider all relevant information submitted to it by interested persons, City departments and by professional consultants employed by it. The finding and determination that an area is a blighted area shall be made by ordinance and may be contained in the ordinance authorizing and approving the development plan. The ordinance finding and determining that an area is a blighted area shall contain a legal description of the blighted area and a finding that redevelopment of the blighted area is necessary and in the public interest. Prior to the adoption of an ordinance finding and determining an area to be a blighted area, the Board of Aldermen shall hold a public hearing. Notice of such hearing will be a published notice.
[Ord. No. 345 §6, 6-14-2000]
Proposed developments for any area within the City shall be submitted only in response to an invitation for such proposals issued by the Board of Aldermen. The Board of Aldermen may invite corporations to submit proposed development plans for consideration for a blighted area or an area which the Board of Aldermen contemplates declaring a blighted area and the Board of Aldermen may designate conditions for such submission, additional information required with the submission and the time period within which such proposed development plans must be submitted to be considered, which shall not be less than thirty (30) days, as directed by the Board of Aldermen, from the date such invitation shall be given. Invitation to submit proposed development plans shall be deemed given when notice of such invitation, describing the area in general terms, the location in the City Hall where written copies of the invitation are available on request and the submission date for the proposed development plans, shall be given in the same manner as a published notice.
If no proposed development plan is submitted pursuant to an invitation to submit proposed development plans, none will be considered until a new invitation to submit proposed development plan is made.
[Ord. No. 345 §7, 6-14-2000]
Any corporation desiring to participate in the redevelopment of a blighted area or an area which the Board of Aldermen contemplates declaring a blighted area, pursuant to an invitation to submit a proposed development plan, shall submit a proposed development plan to the City and such additional information, if any, as has been requested by the Board of Aldermen in the invitation to submit proposed development plans.
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 also shall pay, when due and payable, all such other fees, licenses and other charges required by the ordinances of the City applicable to such corporation or the redevelopment project to be undertaken.
[Ord. No. 345 §8, 6-14-2000]
A development plan shall, where applicable, contain:
Legal description. A legal description of the redevelopment area by metes and bounds or other definite designation;
Design plan. A general description and preliminary design plan of the proposed redevelopment project and plans or narrative showing or describing the general location of structures, general height, size and scale of structures, proposed land use, materials, general landscaping and traffic circulation;
Stages of project. A statement of the various stages, if more than one (1) is intended, by which the redevelopment project 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 of the real property to be included in each stage;
Property to be demolished. A statement of the existing buildings or improvements in the redevelopment area to be demolished, if any, and an estimate of the timing of such demolition;
Building rehabilitation. A statement of existing buildings to remain, if any, the proposed improvements to each such building to remain and the approximate period of time during which such improvements, repairs or alterations are to be made;
New construction. A statement of the general type, size, number, character and materials of each new industrial, commercial, residential or other building or improvement to be erected or made and the estimate of the timing of such construction;
Open space. A statement of those portions, if any, of the redevelopment area which may be permitted or will be required to be left as open space, the use to which each such 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 redevelopment area which are proposed to be sold, donated, exchanged or leased to any public agency or political subdivision of the Federal, State or local government and an outline of the terms of such proposed sale, donation, exchange or lease;
Zoning changes. A statement of the proposed changes, if any, in zoning ordinances or maps, necessary or desirable for the redevelopment project and its protection against blighting influences;
Street changes. A statement of the proposed changes in streets and proposed street closings within, adjacent to or in the proximity of the redevelopment area, if any;
Utility changes. A statement of the changes, if any, which will be required in the utilities necessary to effectuate the redevelopment project and changes, if any, in utility lines, easements or locations;
Tax abatement. A statement of the tax abatement necessary for the redevelopment project, if any, and any payments in lieu of taxes, together with the conditions upon which the tax abatement, if any, will inure to the benefit of a subsequent owner of the redevelopment project and such information regarding the impact of any proposed abatement requested by the City to satisfy the requirements of Section 410.110(B) hereof;
Acquisition plan, eminent domain. A statement giving the legal description of the real property owned by or under option or contract of purchase, if any, to the corporation or its affiliates and, where known, the real property to be acquired by eminent domain and time schedule for acquisition;
Eminent domain by City. A statement giving the legal description of the real property, if any, to be acquired by the City on behalf of the corporation and the terms and conditions for such acquisition;
Relocation plan. A detailed relocation plan which complies in all respects with the requirements set forth in Sections 523.200 et seq., RSMo., as amended;
Financing. A detailed statement of the proposed method of financing the redevelopment project which shall set forth, among other things, the estimated development cost of the project and the proposed sources of funds, debt and equity to meet such estimated costs and the assurances, if any, to be given to the City by the corporation and its affiliates on the corporation's performance;
Management. A list of the persons and consultants, if any, who it is proposed will be active in or associated with the corporation and management of the redevelopment project during a period of at least one (1) year from the date of approval of the development plan and a list of the officers, directors and principal stockholders of the corporation;
Public property. A statement listing any real property in the redevelopment area in public use or belonging to the City, County, State or any political subdivision thereof together with a statement that the consent of such entity, other than City, has been obtained for the acquisition for such property if such property is to be acquired; and
Other information. The development plan may also contain such other statements or exhibits as may be deemed relevant by the Board of Aldermen.
[Ord. No. 345 §9, 6-14-2000]
The Board of Aldermen may request in writing that the corporation supply additional information relating to any facet of the proposed development plan. In the event the corporation fails to comply with the request within twenty (20) days, the corporation's proposed development plan may be disqualified from further consideration, provided however, upon request of the corporation, additional time for a response may be granted by the Board of Aldermen.
The Board of Aldermen may, in its discretion, waive any irregularity or omission in any proposed development plan at any time after the filing thereof.
The Board of Aldermen may, in its discretion, discuss with and seek recommendations from citizens, consultants and other public agencies or authorities impacted by the proposed development plan.
[Ord. No. 345 §10, 6-14-2000]
With regard to any proposed development plan affecting an area:
The City shall provide the Advisory Committee with any proposed development plan filed pursuant to Section 410.070 hereof.
A recommendation by the Advisory Committee regarding the City's approval of the proposed development plan as it relates to the goals and objectives of the City shall be transmitted to the Board of Aldermen within ninety (90) days from the receipt of any proposed development plan under review.
[Ord. No. 345 §11, 6-14-2000]
Upon introduction to the Board of Aldermen of a bill having as its subject matter the approval of a development plan and authorizing execution of a contract, the Board of Aldermen shall hold a public hearing. Notice of such hearing will be a published notice. The public hearing on the ordinance approving the development plan and authorizing execution of a contract with the City shall be held for the purpose of stimulating comment by those to be affected by such contract and development plan.
In the event the development plan provides for tax abatement or exemption authorized by the Urban Redevelopment Corporations Law, the City shall furnish each political subdivision whose boundaries for ad valorem taxation purposes include any portion of the real property to be affected by such tax abatement or exemption with a written statement of the impact on ad valorem taxes such tax abatement or exemption will have on such political subdivisions and written notice of the hearing to be held. The written statement and notice required by this paragraph shall be mailed to each political subdivision by registered or certified mail, postage prepaid, return receipt requested, at least fifteen (15) days prior to the hearing and shall include, but need not be limited to, an estimate of the amount of ad valorem tax revenues for each political subdivision which will be affected by the proposed tax abatement or exemption based upon the estimated assessed valuation of the real property involved as such property would exist before and after it is redeveloped. At the public hearing, all political subdivisions described in this paragraph shall have the right to be heard on such grant of tax abatement or exemption.
[Ord. No. 345 §12, 6-14-2000]
The ordinance approving a development plan shall contain:
A finding and declaration that the redevelopment area is blighted;
If such be the case, the finding and declaration by the Board of Aldermen that the exercise of the power of eminent domain by the corporation is necessary to accomplish the purposes of the Urban Redevelopment Corporations Law and this Chapter and so empowering granting a certificate of convenience and necessity to the corporation to exercise such power;
Authority for the Mayor to enter into a contract on behalf of the City with the corporation and substantially the contents of such contract, which may be incorporated by reference;
A duration of time within which the real property in the redevelopment area must be acquired, which may include acquisition by phases and which may include extensions for delays not caused by the corporation and provision for the expiration of the development rights including the rights of eminent domain and tax abatement in the event of failure of the corporation to acquire ownership of the real property within the redevelopment area which is the subject of the development plan within time limits specified; and
Such other matters as may be deemed relevant by the Board of Aldermen including, but not limited to, requirements for payment or reimbursement by the corporation of legal, administrative and other expenses necessitated by the development plan or redevelopment project and for future expenses including, but not limited to, costs of defense of the City or its officers, insurance, indemnity and hold harmless agreements.
[Ord. No. 345 §13, 6-14-2000]
Notwithstanding any other provision to the contrary, payments in lieu of taxes may be imposed as part of the contract between the City and the corporation which receives tax abatement or exemption on property pursuant to the Urban Redevelopment Corporations Law. Such payment shall be made to the Collector of Revenue of Warren County, Missouri, by December thirty-first (31st) of each year payments are due. The Board of Aldermen shall furnish the Collector of Revenue with a copy of such contract requiring payment in lieu of taxes. The Collector of Revenue shall allocate all revenues received from such payment in lieu of taxes among all taxing authorities whose property tax revenues are affected by the exemption or abatement on the same pro rata basis and in the same manner as the ad valorem property tax revenues received by each taxing authority from such property in the year such payments are due.
[Ord. No. 345 §14, 6-14-2000]
A copy of the contract between the City and the corporation for carrying out the development plan may be recorded by the corporation or the City in the office of the Recorder of Deeds of Warren County and proof of such recording shall be filed with the City. True copies of the development plan authorized by the Board of Aldermen by ordinance shall be retained with the authorizing ordinance by the City Clerk.
[Ord. No. 345 §15, 6-14-2000]
In order to monitor the progress and compliance of an approved development plan beyond the normal review processes of the City, the procedures shall be as follows:
Investigation. It shall be the duty of the Board of Aldermen or its designee, after a development plan has been authorized by the Board of Aldermen, to investigate and determine from time to time during construction of the redevelopment project whether the corporation undertaking such development plan is fully complying with the provisions thereof and its contract with the City in the manner and at the time fixed therein for the performance of the various stages thereof.
Reports. It shall also be the duty of the Board of Aldermen or its designee to make reports from time to time during the construction of the redevelopment project and at least every six (6) months to the Board of Aldermen regarding each development plan and also as to compliance with the provisions of this Chapter by any corporation operating thereunder.
Time extension. The Board of Aldermen may, for good cause shown, grant to a corporation operating under an approved development plan an extension of time in which to complete the redevelopment project or any phase, stage or portion thereof.
Recommendation of certification. When a corporation operating under an approved development plan shall have completed the redevelopment project or any stage thereof in accordance with the provisions of the development plan in the manner and at the time fixed therein for the performance of the various stages thereof, the Board of Aldermen or its designee, upon the written request of such corporation, shall conduct an investigation and if the Board of Aldermen or its designee determines that the redevelopment project or such stage thereof has been so completed, a recommendation to the Board of Aldermen shall be made that a certificate of full compliance be issued to such corporation for such stage or for the entire redevelopment project, as the case may be.
In the event that the Board of Aldermen determines that the redevelopment project or any stage thereof has not been completed, then the Board of Aldermen shall transmit notice by certified mail, return receipt requested, to the corporation stating the reasons for the finding that there has not been substantial compliance; provided however, failure to so notify the corporation within thirty (30) days after receipt of said written request shall be deemed a certificate of completion.
The investigations and reports required by Subsections (2) and (4) of this Section shall not be required or made with respect to the redevelopment project or to any approved stage thereof subsequent to the date of issuance of such certificate with respect to such redevelopment project or stage thereof.
[Ord. No. 345 §16, 6-14-2000]
A corporation, the development plan of which provides for tax abatement and which desires to obtain and continue the benefits of tax abatement provided in the Urban Redevelopment Corporations Law and as provided in the development plan, shall file with the Board of Aldermen a copy of its financial statements as follows:
Such financial statements shall be filed annually within one hundred twenty (120) days following the closing of the corporation's fiscal year and the first (1st) such financial statements 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 statements shall:
Follow an accepted accounting procedure;
Contain a balance sheet and a profit and loss statement;
Contain such other information as the City may require; and
Be duly attested to by the President and Treasurer of said corporation as an accurate and truthful representation of said corporation's financial condition.
The Board of Aldermen shall arrange for the review of all financial statements submitted to it. The Board of Aldermen shall determine the net income of the corporation and shall determine whether the accumulation of surplus net earnings as defined by law, if any, is being handled as provided by law.
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, then the Board of Aldermen shall certify to the Assessor of Warren County on or before April first (1st) of each calendar year following the year the financial statement was required to be submitted under this Section that such corporation is eligible under the tax abatement provisions contained in the Urban Redevelopment Corporations Law.
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, then the Board of Aldermen shall certify to the Assessor of Warren County on or before April first (1st) of the year following the year in which the financial statement was required to be submitted under this Section that such corporation is not eligible under the tax exemption provisions contained in the Urban Redevelopment Corporations Law.
In the event that the certification is that the corporation is eligible for tax abatement, in whole or in part, to property owned by the corporation, the Assessor shall forthwith assess, in whole or in part, the property of the corporation as provided in Section 353.110, RSMo.
In the event that the certification states that tax exempt status cannot be granted to the corporation, then the Assessor shall forthwith assess all property of the corporation at its true value as provided by law.
[Ord. No. 345 §17, 6-14-2000]
Every corporation operating under this Chapter may establish and maintain depreciation, obsolescence and other reserves, also surplus and other accounts, including a reserve for payment of taxes, according to recognized standard accounting practices.
[Ord. No. 345 §18, 6-14-2000]
A corporation may sell or otherwise dispose of any or all of the real property acquired by it for the purpose of a redevelopment project. The development plan, the ordinance approving any development plan and any contract entered into pursuant thereto may provide that in the event of the sale or other disposition of real property of a 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 the Urban Redevelopment Corporations Law shall inure to any purchaser of such real property so long as such purchaser shall continue to use, operate and maintain such real property in accordance with the provisions of the development plan. If such development plan, 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 development plan, the Board of Aldermen may grant the partial tax relief provided in the Urban Redevelopment Corporations Law. If such real property shall not be used, operated and maintained in accordance with the provisions of the development plan or if the purchaser does not desire the property to continue under the development plan or if the Chapter approving the plan provides for termination of tax relief under such circumstances, the Board of Aldermen may refuse to grant the purchaser continuing tax relief, the real property shall be assessed for ad valorem taxes upon the full true value of the real property and except as provided by contract may be owned and operated free from any of the conditions, restrictions or provisions of this Chapter and the development plan.
[Ord. No. 345 §19, 6-14-2000]
Proceedings. Whenever any person or corporation operating under a development plan does not comply in all material respects with all or any part of the development plan and the contract with the City within the time limits and in the manner as therein stated, other on account of reasonable delays caused by unforeseen circumstances beyond their control, or shall do or permit to be done anything in violation of the development plan, the contract or this Chapter or fail or omit to do anything required of it by the development plan, the contract or this Chapter or shall be about so to do, permit to be done or fail or omit to have done, then any such fact may be certified by the Board of Aldermen to the City Attorney who may and is hereby authorized to commence a proceeding in the Circuit Court or other appropriate court or forum in the name of the City to have such action, failure or omission or threatened action or omission stopped, prevented, rectified or enforced by injunction or otherwise or in the name of the City to bring action for damages against the corporation for breach of any of the provisions of the development plan or the development contract; provided that in the event the Board of Aldermen shall determine that a corporation has abandoned construction before completion of the redevelopment project in accordance with the terms of an approved development plan, a certified copy of the resolution of the Board of Aldermen making such determination shall be recorded in the office of the Warren County Recorder of Deeds and the real property included in such plan shall from the date be subject to assessment and payment of all ad valorem taxes based on the true value of such real property. The Board of Aldermen, after consultation with the City Attorney, may elect to terminate a development contract for non-performance or breach by the other contracting party.
[Ord. No. 345 §20, 6-14-2000]
The Sections of this Chapter shall be severable. In the event any Section of this Chapter is found by a court of competent jurisdiction to be invalid, the remaining Sections of this Chapter are valid, unless the court finds the valid Sections of this Chapter are so essentially and inseparably connected with and so dependent upon the void Section that it cannot be presumed the Board of Aldermen would have enacted the valid Sections without the void Section or unless the court finds that the valid Sections standing alone are incomplete and are incapable of being executed in accordance with the legislative intent.