[R.O. 2003 § 410.010; Ord. No.
6.412 § 1, 10-18-1988]
A.
It is hereby determined and declared by the City Council:
1.
That in certain portions of the City obsolete, decadent, substandard,
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, or by reason of age, obsolescence,
inadequate or outmoded design, or physical deterioration, have become
social and economic liabilities;
2.
That such areas are characterized by depreciated values, impaired
investments, reduced or negligible income and inability to pay reasonable
taxes;
3.
That such conditions may exist in areas where obsolete, decadent,
substandard, outworn or outmoded industrial, commercial, or residential
buildings prevail;
4.
That the assembly or certain portions for purposes of clearance,
replanning, rehabilitation, reconstruction, and redevelopment may
be difficult and costly;
5.
That the existence of such conditions and the failure to clear,
replan, rehabilitate, reconstruct, or redevelop these areas results
in progressive deterioration, and occasions large outlays for creation
of public facilities and services elsewhere;
6.
That it is desirable to induce private capital investments to
alleviate these conditions and redevelop these areas but that sometimes
it is impossible or uneconomic for individual owners to independently
undertake to remedy such conditions;
7.
That such conditions require the employment of capital on an
investment basis, allowing however, that widest latitude in the amortization
of any indebtedness created thereby;
8.
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, or unsafe buildings and
the redevelopment of such areas under proper supervision with appropriate
planning as to land use and construction policies;
9.
The clearance, replanning, rehabilitation, reconstruction, and
land 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
10.
That such obsolete, decadent, substandard, and blighted areas
constitute a menace to the citizens of the City. Therefore, the necessity
for the provisions in this Chapter is hereby declared as a matter
of legislative determination to be in the public interest.
[R.O. 2003 § 410.020; Ord. No.
6.412 § 2, 10-18-1988]
The provisions of the Urban Redevelopment Corporations Law,
found in Chapter 353, RSMo., are hereby accepted and shall apply to
all persons and corporations operating under this Chapter insofar
as the same may be applicable thereto.
[R.O. 2003 § 410.030; Ord. No.
6.412 § 3, 10-18-1988]
The following terms whenever used or referred to in this Chapter
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 the 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 City Council shall determine,
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 Marceline.
The Planning and Zoning Commission of the City.
An Urban Redevelopment Corporation organized under and in
compliance with Chapter 353, RSMo., as amended.
The amount determined by the City Council to be the actual
cost of redevelopment, or of that part thereof for which such determination
is made. The term shall include, among other costs, the reasonable
expenses 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 where acquired partly
or wholly in exchange for securities; the actual cost of demolition
of existing structures; the actual cost of utilities, landscaping
and roadways; the actual cost of construction, equipment and furnishings
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
those 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 changes 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 development
of all or any part of a blighted area, which is authorized by the
legislative authority of this City.
A mortgage, trust indenture, deed of trust, building and
loan contract, or other instrument creating a lien on real property,
to secure the payment of an indebtedness, and the indebtedness secured
by any of them.
Any individual, firm, partnership, joint venture, association,
corporation (except an urban redevelopment corporation organized pursuant
to the provisions of the Urban Redevelopment Corporations Law), whether
organized for profit or not, estate, trust, business trust, receiver,
or trustee appointed by any State or Federal Court, syndicate, or
any other group or combination acting as a unit, and shall include
the male as well as the female gender and the plural as well as the
singular number.
Includes lands, buildings, improvements, land under water,
waterfront property, any and all easements, franchises and hereditaments,
corporeal or incorporeal, 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. 2003 § 410.040; Ord. No.
6.412 § 4, 10-18-1988]
A.
Any corporation seeking approval of a development plan must file
with the City and with the City Manager an application for approval
of a preliminary development plan. Such application shall contain:
1.
A legal description of the area to which the preliminary development
plan pertains;
2.
A conceptual plan for the area to which the preliminary development
plan pertains, including the proposed uses of the area and the general
location and density of those uses;
3.
A general description of the properties and improvements within
the area to which the preliminary development plan pertains which
the corporation proposes to acquire, proposes to demolish, and proposes
to rehabilitate;
4.
Evidence that the area to which the preliminary development
plan pertains is a blighted area;
5.
Evidence that the corporation is duly formed under the Urban
Redevelopment Corporations Law; and
6.
Evidence that the corporation has the financial ability to undertake
the implementation of the proposed development plan.
[R.O. 2003 § 410.050; Ord. No.
6.412 § 5, 10-18-1988]
A public hearing before the City Council shall be held on the
preliminary development plan not later than forty-five (45) days after
the filing of the application.
[R.O. 2003 § 410.060; Ord. No.
6.412 § 6, 10-18-1988]
The corporation shall provide notice of the hearing at least
fifteen (15) days prior to the scheduled hearing date. The notice
shall state that an application for approval of a preliminary development
plan has been filed, shall give the date of the scheduled hearing,
and shall contain a legal description of the property to which the
preliminary development plan pertains. The notice shall be posted
in City Hall. The notice shall also be published one (1) time in a
newspaper doing business in the City.
[R.O. 2003 § 410.070; Ord. No.
6.412 § 7, 10-18-1988]
Once an application for approval of a preliminary development
plan has been filed by a corporation, no other application which pertains
in whole or in part to the area included in the preliminary development
plan first filed shall be considered by the City Council unless the
application is filed within sixty (60) days after submission of the
preliminary development plan first filed. If the City Council disapproves
the applications, additional applications may then be filed for the
area to which the preliminary development plan first filed pertains.
[R.O. 2003 § 410.080; Ord. No.
6.412 § 8, 10-18-1988]
A.
The City Council shall determine whether a preliminary development
plan is of a blighted area as defined herein.
B.
If the City Council determines that the area is not blighted, it
may allow the applying corporation a reasonable amount of time to
prepare and submit a revised preliminary development plan.
C.
If the City Council determines that the preliminary development plan
is of a blighted area, it shall determine whether to approve the plan,
and if there are several plans, which plan to approve. The City Council
may approve a plan if it finds that it will further the purpose of
this Chapter. Prior to determining whether to approve or disapprove
the preliminary development plan, the City Council may request that
the corporation make revisions of the preliminary development plan.
D.
Council approval shall be by motion duly seconded and adopted.
[R.O. 2003 § 410.090; Ord. No.
6.412 § 9, 10-18-1988]
If the City Council approves a preliminary development plan,
it shall then set a date for submission of a final development plan
by the corporation which will allow the corporation a reasonable time
to submit its final development plan, but in no case greater than
one hundred twenty (120) days from the date of the City Council's
approval of the preliminary development plan. For good cause shown,
the Council may extend the time for submission of the final development
plan.
[R.O. 2003 § 410.100; Ord. No.
6.412 § 10, 10-18-1988]
A.
If the City Council approves a preliminary development plan, it may
not consider any other corporation's proposed preliminary development
plan for all or any part of the area to which the approved preliminary
development plan pertains until the occurrence of the earlier of the
following events:
1.
The corporation whose preliminary development plan was approved
consents to such consideration;
2.
The corporation whose preliminary development plan was approved fails to submit a final development plan in the time required by Section 410.090; or
3.
The City Council disapproves the final development plan submitted
by the corporation whose preliminary development plan was approved.
[R.O. 2003 § 410.110; Ord. No.
6.412 § 11, 10-18-1988]
A.
On or before the date set in the approval of the preliminary development
plan for submission of a final development plan, or any extensions
of said date, the corporation shall submit its final development plan
to the City Council. The final development plan shall conform to the
extent feasible to the preliminary development plan. If the final
development plan does not substantially conform to the preliminary
redevelopment plan, the final plan shall contain a statement of the
reasons for non-conformance.
B.
The final development plan shall contain:
1.
A legal description of the development area by metes and bounds,
or other definite designation, along with a listing of ownership interests
in each described parcel.
2.
Development Schedule.
a.
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 completion of each stage, together
with a legal description of the real property to be included in each
stage. This statement shall also contain a time schedule clearly setting
forth reasonable times for start and completion of:
b.
The time schedule shall be accompanied by a certificate that
the corporation agrees, as a consideration for approval of the plan,
that after approval of the plan it will in good faith attempt to purchase
by negotiation any given property within the project area within one
hundred eighty (180) days following a request, in writing, by the
property owner to the corporation that he/she desires to proceed with
the sale of the property, and that it will, if a sale of the property
cannot be consummated within said period, proceed forthwith to file
a proceeding in condemnation after one hundred eighty (180) days have
elapsed. Nothing contained in this provision is intended to preclude
the initiation of condemnation proceedings prior to the expiration
of the 180-day period.
3.
A statement of the existing buildings or improvements in the
redevelopment area to be demolished, if any.
4.
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 demolition will occur.
5.
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.
6.
A statement of the type, number or character of each new industrial,
commercial, residential, or other building or improvement to be erected
or made.
7.
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 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.
8.
A statement of those portions, if any, of the redevelopment
area which are proposed to be sold, donated, exchanged, or leased
to the board of education, public library board, or other public agency,
and an outline of the terms of such proposed sale, donation, exchange,
or lease.
9.
A statement of the proposed changes, if any, in zoning ordinances
or maps necessary or desirable for the redevelopment, and its protection
against blighted influences.
10.
A statement of the proposed subdivisions or resubdivisions necessary
for the redevelopment plan.
11.
A statement of the proposed changes, if any, in streets or street
levels, all proposed street closings, and all changes which would
have to be made to streets adjoining or near the redevelopment project,
including a plan for financing these changes.
12.
A statement of proposed changes, if any, in public facilities
and easements, including, but not limited to, school, fire, water,
sewer, utilities, police, transportation, park, playground, and recreation,
and commentary indicating that these facilities are presently adequate,
or will be adequate at the time the redevelopment is ready for use,
to service the area.
13.
A statement of the character, type, quality of construction,
approximate number of units, approximate rentals, and approximate
date of availability of the proposed dwelling accommodations, if any,
to be furnished during construction and upon completion of redevelopment.
14.
A statement of any projects or relocations outside of the area
of the redevelopment; including, but not limited to, evidence satisfactory
to the City Council that sufficient funds or securities are immediately
available and will be used for financing of the entire development
proposed and will remain available until the particular development
is started, and evidence satisfactory to the City Council that the
amount necessary to acquire and clear the land involved is available
from such equity and/or other funds.
15.
A proposed ordinance to be adopted by the Council and a proposed contract to be executed by the corporation and the City, all pursuant to Section 410.140 hereof. The ordinance and contract shall include provisions for consideration by the Council of all additional terms under Sections 410.150, 410.180 and 410.210, if applicable, and Section 410.160 of this Chapter.
[R.O. 2003 § 410.120; Ord. No.
6.412 § 12, 10-18-1988]
A.
Final development plan shall not be approved by the Council, until
and unless it shall determine:
1.
That the area within which the development is to be made is blighted, and that redevelopment in accordance with the development plan is necessary or advisable to effectuate the public purposes declared in Section 410.010;
2.
That the development plan is in accordance with the comprehensive
plan of the City;
3.
That the various stages, if any, by which the redevelopment
is proposed to be constructed or undertaken, as stated in the development
plan, are practicable and in the public interest;
4.
That public facilities, including, but not limited to, school,
fire, water, sewer, police, transportation, park, playground, and
recreation are presently adequate, or will be adequate at the time
redevelopment is ready for use, to service the area;
5.
That the proposed changes, if any, in zoning ordinances or maps
and in streets and street levels or any proposed street closings are
necessary or desirable for the redevelopment and its protection against
blighting influences, and for the City as a whole; and
6.
The estimated cost of acquisition of real property which is
proposed the City will acquire for the proponents of the development
plan by the exercise of the power of eminent domain; however, this
shall only be done upon an additional payment of such funds as are
necessary to reimburse the City for any expenses of any kind which
it shall incur in developing these cost estimates.
[R.O. 2003 § 410.130; Ord. No.
6.412 § 13, 10-18-1988]
The City Council shall set a date for a public hearing on the
final plan within a reasonable time. At least five (5) days prior
to the hearing, the City shall provide notice of the hearing by first
class mail to 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 in accordance with this Section. The written statement and
notice shall also include an estimate of the amount of ad valorem
tax revenues of each political subdivision which 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. The City shall also
publish the notice in a newspaper doing business in the City at least
seven (7) days prior to the hearing date.
[R.O. 2003 § 410.140; Ord. No.
6.412 § 14, 10-18-1988]
A.
At the public hearing, any interested person and the applicant corporation
may be heard. After the public hearing, the City Council may:
1.
Unconditionally approve the plan and authorize the Mayor on
behalf of the City to enter into a contract with the corporation;
2.
Approve the plan subject to conditions or restrictions, and
authorize the Mayor on behalf of the City to enter into a contract
with the corporation;
3.
Require the corporation to make changes in the plan for resubmission
to the City Council;
4.
Disapprove the plan.
B.
The City Council's approval of the plan shall be by ordinance.
If the Council approves the plan, then the Council shall authorize
the Mayor to enter into a contract on behalf of the City with the
proposer or proposers of the plan, such contract to contain the provisions
as embodied in the plan and the approving ordinance, a provision that
the applicable provisions of this Chapter shall be incorporated by
reference into such contract, and a provision that the terms, conditions,
or provisions of the contract can be neither modified nor eliminated
except by mutual agreement between the City Council and the proposer
or proposers of the plan.
[R.O. 2003 § 410.150; Ord. No.
6.412 § 15, 10-18-1988]
If the corporation proposing a development plan seeks to acquire
by eminent domain in its own name all or any part of the real property
described in the development plan, the City Council may by the ordinance
approving such plan determine that the public convenience and necessity
will be served by the development plan and redevelopment project,
and may grant to such corporation a certificate of public convenience
and necessity authorizing and empowering such corporation to acquire
by the exercise of eminent domain such real property in fee simple
or other estate; provided, that such real property shall be devoted
to the purposes and used subject to the conditions described in the development
plan. Such corporation may thereafter exercise the power of eminent
domain in the manner provided for corporations in Revised Statutes
of Missouri, or it may exercise the power of eminent domain by the
manner provided by any other applicable statutory provision. Property
already devoted to a public use may be acquired in like manner; provided,
that no real property belonging to the City or to the State, and any
political subdivision thereof, may be acquired without its consent.
[R.O. 2003 § 410.160; Ord. No.
6.412 § 16, 10-18-1988]
A.
The City, in addition to such other terms as are appropriate, may
upon approval of the final plan require the corporation to adhere
to the following:
1.
A provision which prohibits assignment of the corporation's
rights under the development plan except on the terms and conditions
the City Council deem advisable;
2.
A provision which requires the corporation to negotiate in good
faith for the purchase of property to be acquired, and that property
shall not be condemned until a negotiated purchase has been attempted;
3.
A provision setting forth the amount and terms of any tax abatement
for the real property to which the development plan pertains;
4.
Provisions setting forth the property, if any, the corporation
will dedicate to the City or other public agencies for public use;
5.
Provisions setting forth any improvements the City will provide
or construct in conjunction with the development plan;
6.
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;
7.
A provision limiting the net earning of the corporation in the
manner specified in the Urban Redevelopment Corporations Law;
8.
Provisions setting forth the remedies for breach of the above
provisions by the City or the corporation, and remedies for failure
of the corporation to complete development in the time and manner
specified in the final development plan;
9.
The above requirements shall be included in the ordinance approving
the plan.
[R.O. 2003 § 410.170; Ord. No.
6.412 § 17, 10-18-1988]
If the City Council approves a final development plan, that
plan shall not thereafter be amended without the approval of the City
Council and at all times such amended plan must still be in compliance
with the requirements for approval of the original final development
plan.
[R.O. 2003 § 410.180; Ord. No.
6.412 § 18, 10-18-1988]
A.
If the corporation proposing a development plan seeks to have the
City acquire by eminent domain or otherwise, and thereafter clear
all or any part of the real property described in the development
plan, such corporation shall at the time hereinafter provided deposit
in escrow with the City, subject to the provisions of this Chapter
and regulations established by the Director of Planning and Code Enforcement,
a sum of money in cash or negotiable Federal or municipal securities
of a cash market value equal to the cost estimated by the Council
to be incurred by the City in acquiring, or if the clearance thereof
is also sought, in acquiring and clearing such real property.
B.
The term "cost," as used in this Section and Section 410.190, means all expenditures by the City, including what is paid for such real property and the clearance thereof, appraisal, abstract, title and recording fees, court costs, witness fees, fees of the City, and all other expenses of acquiring and clearing such property.
C.
All securities deposited in escrow with the City shall be promptly
placed in a safe deposit box.
[R.O. 2003 § 410.190; Ord. No.
6.412 § 19, 10-18-1988]
A.
Within ten (10) days after the City Council shall have approved any development plan calling for the acquisition by the City by the exercise of the power of eminent domain or otherwise of all or any part of the real property described therein, the corporation submitting such plan shall deposit in escrow with the City the cash amounts or securities required by Section 410.180. The City Council may provide that the City acquire such property and procure the fee simple title thereto by purchase, by the exercise of the power of eminent domain, or by other means. The payment therefor by the City, in whole or in part, may be made out of the general funds of the City, or, in whole or in part, by general obligation bonds. The City shall then proceed to acquire such real property in accordance with such ordinance. Whenever any real property, land, easement, right-of-way, use or right of any character is taken or damaged by the City for such purpose, just compensation shall be paid to the owner thereof in accordance with the laws applicable thereto.
B.
After acquiring the title to such real property, the City shall sell to the corporation such real property and all interest therein for the purpose of redevelopment, as hereinafter provided, subject to such restrictions, exceptions, and conditions as may be recommended by the Council. The property shall be sold for a price not less than its costs, as defined in Section 410.180.
C.
The deposit shall be applied upon the purchase price, and the City
shall give due credit therefor. When such deposit is represented by
securities, the City shall immediately sell the same at the current
market price thereof at private sale for cash and apply the proceeds
to the selling price of such real property. If such 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, as the case may be, then such
corporations shall make an additional deposit with the City upon ten
(10) days' written notice from the City of a sum of money in
cash equal to such additional acquisition cost as so determined. If
the corporation fails to make such additional deposit, the City may,
at its option, thereupon repeal the ordinance providing for the acquisition
of such real property and dismiss the pending condemnation proceedings,
if any. In such last event, the expenses of such uncompleted acquisition
and condemnation proceedings, if any, shall be charged to and paid
by the person or corporation so making such deposit and the amount
thereof shall be withheld by the City from the funds or securities
deposited in escrow and applied by the City to the payment of such
expenses. The balance of such funds and securities so deposited in
escrow shall then be returned to the owner thereof. Sale of such securities
may be made only upon order of the City Council by resolution or ordinance.
D.
In the event the deposit exceeds the final cost of acquisition, the
balance shall be used to satisfy in part or in full legal obligations
which the corporation may owe the City. Any balance thereafter remaining
shall be returned to the 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.
[R.O. 2003 § 410.200; Ord. No.
6.412 § 20, 10-18-1988]
A.
No corporation whose development plan has been approved by the City
Council shall:
1.
Issue income debentures, bonds, notes, or other evidence of
debt bearing or paying an interest rate in excess of the rate of interest
allowed by law.
2.
Pay an interest on its income debentures or dividends on its
stock, regardless of class or preference, during any dividend year
unless there shall exist at the time of such payment no default under
any amortization requirements with respect to its indebtedness, nor
unless all accrued interest, taxes, and other public charges shall
have been duly paid or reserves set up for the payment thereof, and
adequate reserves provided for depreciation, obsolescence and other
proper reserves.
B.
The net earnings of a corporation whose development plan has been
approved by the City Council shall be limited to an amount not to
exceed the rate of return allowed by Chapter 353, RSMo., as amended.
[R.O. 2003 § 410.210; Ord. No.
6.412 § 21, 10-18-1988]
A.
The real property of a corporation acquired pursuant to this Chapter
shall not be subject to assessment or payment of general ad valorem
taxes imposed by the City or by the State or any political subdivision
thereof for a period of up to ten (10) years as set out in the development
plan after the date upon which such corporation becomes 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 of the assessed valuation of the land, exclusive of
improvements acquired pursuant to this Chapter and owned by such corporation,
as was determined by the assessor of the 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.
The amounts of such tax assessments shall not be increased by the
City or by the State or any political subdivision thereof during such
ten-year period so long as the real property is owned by an urban
development corporation and used in accordance with a development
plan authorized by the City Council.
B.
If any such real property was tax exempt immediately prior to ownership
by any such corporation, the City shall immediately request such County
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 County Assessor shall not
be increased by the City or by the State of any political subdivision
thereof during the ten-year period next following the date upon which
such corporation acquired ownership thereof, so long as such real
property is owned by an urban redevelopment corporation and used in
accordance with the development plan authorized and approved by the
City Council.
C.
For the next ensuing period of up to fifteen (15) years as set out
in the development plan, all ad valorem taxes upon such real property
shall be measured by the assessed valuation thereof as determined
by the City upon the basis of not to exceed fifty percent (50%) of
the true value of such real property, including any improvements thereon.
Nor shall such valuations be increased over fifty percent (50%) of
the true value if such real property is owned by an urban redevelopment
corporation and used in accordance with an authorized development
plan.
D.
After such periods established in the development plan, such real
property shall be subject to assessment by the City and, thereafter,
payment of all ad valorem taxes shall be based on the full true value
of real property. Such property shall be owned and operated by the
urban redevelopment corporation free from the conditions, restrictions,
and provisions of this Chapter, the approving ordinance, and any rule
or regulation adopted pursuant to this Chapter; provided, that any
time after the completion of the redevelopment project as authorized
by ordinance the urban redevelopment corporation may elect to pay
a sum equivalent to the amount of the general ad valorem taxes, not
including interest or penalties, which would have been levied on the
full value of the property from the date of the completion of the
project. From that date, such real property shall be owned and operated
by the urban redevelopment corporation free from the conditions, restrictions,
and provisions of this Chapter, the approving ordinance, and any rule
or regulation adopted pursuant to this Chapter.
E.
In the course of considering any development plan for approval, the
City Council shall give particular recognition to any agreement, in
writing, on behalf of the corporation presenting such plan, that,
notwithstanding the provisions of the Missouri Urban Redevelopment
Corporations Law, it will make payments in lieu of real property taxes
to the appropriate taxing bodies.
F.
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 this
Section shall inure to any purchaser of such real property in accordance
with 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 City Council may grant
the partial tax relief provided in this Section. If such real property
shall be used for a purpose different than that described in the redevelopment
plan, 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
Chapter.
[R.O. 2003 § 410.220; Ord. No.
6.412 § 22, 10-18-1988]
A.
It shall be the duty of the City Manager, after a final development
plan has been approved by the City Council, to investigate and determine
from time to time during construction of the development project whether
the corporation undertaking such development plan is fully complying
with the provisions thereof in the manner and at the times filed therein
for the performance of the various stages thereof.
B.
It shall also be the duty of the City Manager to make reports from
time to time during the construction of the redevelopment project,
and at least every six (6) months to the City Council regarding each
redevelopment project and the performance or compliance with each
development plan, and also as to compliance with the provisions of
this Chapter by any corporation operating thereunder.
C.
The City Council 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 step or portion
thereof.
D.
When a corporation operating under an approved development plan shall
have completed the redevelopment project 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 City Manager,
upon the written request of such corporation, shall conduct an investigation.
If it is determined that the project has been so completed, the City
Manager shall recommend to the City Council that a certificate of
full compliance be issued to such corporation. The City Council may
authorize the City Manager to issue a certificate of compliance.
E.
The investigations and reports of the City Manager required by Subsections (A) and (B) of this Section shall not be required or made subsequent to the date of issuance of such certificate. However, every such corporation shall render annually to the Director of Finance, during the existence of the tax relief period provided in Section 410.210, three (3) copies of its financial report, including a certified audit prepared by a certified public accountant for the preceding year. This report shall disclose the earnings of the corporation and the disposition of any net earnings in excess of those provided for under Section 410.200, and the interest rate on income debentures, bonds, notes, or other evidences of debt of the corporation. The City Manager shall review the financial report of the corporation and thereafter he/she shall file with the City Council said financial report, accompanied by his/her opinion as to compliance by the corporation with Section 410.200. The corporation shall pay to the City a reasonable fee each year for this financial review and report.
[R.O. 2003 § 410.230; Ord. No.
6.412 § 23, 10-18-1988]
A.
Whenever any person or 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, reasonable delays caused by unforeseen
circumstances beyond their control alone excepted, the same may be
certified by the City Manager, who may recommend that the City Attorney
commence a proceeding in the Circuit Court in the name of the City
to have such action, failure, omission, threatened action or omission
stopped, prevented, or rectified by injunction or otherwise, or in
the name of the City to bring an action for damages against the urban
redevelopment corporation for breach of any of the provisions of the
urban redevelopment plan. In the event the City Manager shall determine
that a corporation has abandoned construction before completion of
the project in accordance with the terms of the development plan,
the real property included in such plan shall from that date be subject
to assessment and payment of all ad valorem taxes based on the true
full value of such real property.
B.
Whenever any person or 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, reasonable delays caused by unforeseen
circumstances beyond their control alone excepted, or shall do, permit
to be done anything contrary to this Chapter, or fail or omit to have
done, then the City Manager may hold a hearing to determine whether
it should recommend revocation of the approval of the final plan.
The City Manager shall then send his/her recommendation to the City
Council. If the Council revokes its prior approval of the final plan,
then any property included in such plan shall from that date be subject
to assessment and payment of all ad valorem taxes based on the true
full value of such real property, and the City Council shall be able
to consider new plans for that property.
[R.O. 2003 § 410.240; Ord. No.
6.412 § 24, 10-18-1988]
A.
The City may:
1.
Acquire by the exercise of the power of eminent domain, or otherwise,
an area designated on any master or comprehensive plan of the City
as a redevelopment or urban renewal area;
2.
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.
Sell or lease such real property for use in accordance with
the provisions of this Chapter.
[R.O. 2003 § 410.250; Ord. No.
6.412 § 25, 10-18-1988]
The City or any person or corporation may accept grants or loans
of money from the government of the United States or the State or
any departments or agencies thereof to effectuate the purposes of
this Chapter.
[R.O. 2003 § 410.260; Ord. No.
6.412 § 26, 10-18-1988]
Approval of the preliminary and final plans does not constitute
rezoning, subdividing, or any other act requiring action by the Zoning
Commission and the City Council.
