[R.O. 2008 §20-1; Ord. No. 1017 §1, 3-22-1982; Ord. No. 1370 §1, 12-11-1989]
A.
In
order that undue hardships are not placed upon land owners and developers
who cooperate with the City by dedicating or conveying land to the
City, or to other governmental entities at the City's request, for
street widenings and public improvement purposes, provided such conveyance
meets the following criteria:
1.
It is given voluntarily and without any monetary reimbursement;
2.
It is along an existing street or streets or a street or streets
to be constructed by the City or proposed by the City for construction;
3.
It is at the City's request; and
4.
It is in accordance with City development plans or standards.
B.
It
shall be the policy of the City to permit construction and development
on a tract of land from which a dedication or conveyance has been
made to be developed in the same manner and to the same extent as
though a dedication or conveyance had not been made. That is to say
that after a dedication or conveyance under the above criteria, the
tract of land shall be considered to have the same number of square
feet as prior to the dedication or conveyance.
C.
Any person or entity asserting rights under this section shall have
the burden of proving eligibility to the reasonable satisfaction of
the Zoning Administrator.
[Ord. No. 5431 §1, 7-27-2015]
[R.O. 2008 §20-2; Ord. No. 2056 §1, 4-24-2000; Ord. No. 2113 §§1 — 3, 2-26-2001]
A.
In
order that road and highway improvements may be economically constructed
in areas of the City which are zoned "CB" Core Business and to avoid
undue hardships to the property owners, it shall be the policy of
the City to permit development and/or construction on a tract of land
from which an acquisition of right-of-way and/or easements has been
made to be developed in the same manner and to the same extent as
though a conveyance for such right-of-way or easements had not been
made, subject to the following criteria:
1.
The conveyance may be voluntary or involuntary;
2.
The conveyance may be made by donation, by dedication or for compensation;
3.
The conveyance is along an existing street or highway; and
4.
The conveyance may be made to the City or the State or an agency
of the State.
|
|
The result of this provision is that after a donation, dedication
or conveyance under the above criteria, the tract of land shall be
considered to have the same number of square feet as prior to the
donation, dedication or conveyance.
|
B.
All property conveyed under the criteria set forth in Subsection (A) (the "condemned area") shall be treated and considered for all purposes as if the condemned area:
C.
Any person or entity asserting rights under this section shall have
the burden of proving eligibility to the reasonable satisfaction of
the Zoning Administrator.
[Ord. No. 5431 §1, 7-27-2015]
[R.O. 2008 §20-3; Ord. No. 4003 §1, 2-27-2006]
A.
Applications Required.
1.
When the location, extent and character of a street or other public
facility or public utility, whether publicly or privately owned, has
been included in the recommendations and proposals of the City's plan
for the physical development of the municipality under Section 89.340,
RSMo., or portions thereof, no such street, public facility or public
utility shall be constructed or authorized until the location, extent
and character thereof has been submitted to the Planning and Zoning
Commission and approved as provided herein and Section 89.380, RSMo.
The acceptance, widening, removal, extension, relocation, narrowing,
vacation, abandonment, change of use, acquisition of land for, sale
or lease of any street or other public facility is subject to similar
submission and approval. The City shall not accept, lay out, open,
improve, grade, pave or light any street, lay or authorize the laying
of water mains, sewers, connections or other utilities in any street
unless the street has received the legal status of a public street
prior to the adoption of the City plan or unless the street corresponds
in its location and lines with a street shown on a subdivision plat
approved by the City or on a street plan made by and adopted by the
Commission or upon approval as provided herein and Section 89.460,
RSMo.
2.
Applications for approval under Subsection (A)(1) shall be filed in the office of the Zoning Administrator for consideration by the Planning and Zoning Commission. Such application may be filed by the Public Works Director or his/her designee for the City or by any authorized person for a board of any other public entity or utility with jurisdiction.
3.
Such applications shall be made on forms provided by the Zoning Administrator and shall be signed by the authorized representative of the applicant. Such applications shall state the name and address of the applicant. Such applications shall contain a brief narrative description of the proposed street or other public facility or public utility, a legal description of the involved property and a map showing the location. Additionally, the application shall meet the requirements for submission under Section 405.1080 (Site Concept, Site Development and Minor Site Plan Approval) and under Section 410.130 (Subdivision Improvement Plans).
4.
Applications shall comply with and be in accordance with any format
and procedures adopted by the Planning and Zoning Commission and filed
with the City Clerk.
5.
An application shall not be accepted by the Zoning Administrator
if it does not comply with all the applicable requirements of this
Section and any regulations adopted pursuant thereto. Additionally,
an application shall not be accepted by the Zoning Administrator for
a project that has been approved or denied hereunder within the past
twelve (12) months unless the Zoning Administrator verifies that there
are substantial new facts that warrant a new submission within such
time.
6.
The Zoning Administrator or the Planning and Zoning Commission may,
in their discretion, allow modifications to a pending application.
7.
Potential applicants may present conceptual plans to the Planning
and Zoning Commission for comment prior to making a formal application
in accordance with the procedures governing site development plans
and subdivision improvement plans.
8.
Application fees shall be set by the City Council.
B.
Application Review Procedure.
1.
Zoning Administrator. The Zoning Administrator shall
receive an application after determining that it complies with all
applicable submission requirements and thereupon shall forward it
to the Planning and Zoning Commission with his/her recommendations.
An application must be received at least ten (10) calendar days prior
to the meeting of the Planning and Zoning Commission at which it is
to be considered, unless otherwise approved by the City Administrator,
to allow submission to the members of the Planning and Zoning Commission
at least five (5) calendar days prior to the meeting. Any special
meeting held in the discretion of the Commission and at the request
of an applicant shall be held at the cost of the applicant. The City
Council shall determine special meeting costs.
2.
Planning and Zoning Commission. The Planning and
Zoning Commission shall consider an application and determine whether
or not to approve it. The Commission shall consider the application
under the applicable standards established for site development plans
and subdivision improvement plans, including, but not limited to,
making a determination as to whether the proposed project is consistent
with the plan and complies with the Zoning Code if applicable, including
requirements for analogous private facilities. Within sixty (60) days
after receipt of a complete application from the Zoning Administrator,
the Planning and Zoning Commission shall make its decision, unless
the applicant formally withdraws and resubmits the application in
order to provide an extension of time. The Commission may waive application
fees for such a resubmission. If the Planning and Zoning Commission
does not make its decision within the required time period, it shall
be deemed to have approved the application. If the Commission disapproves
an application, it shall communicate its reasons to the City Council
or other board having jurisdiction over the authorization or financing
of the project.
[Ord. No. 5728, 1-25-2021]
3.
City Council. In the event the Planning and Zoning
Commission disapproves an application by affirmative vote of at least
two-thirds (2/3) of the entire membership, the City Council may overrule
the Commission if the authorization or financing of the project falls
within the province of the City Council.
4.
Other boards. As provided in Section 89.380, RSMo.,
if the authorization or financing of the project is subject to the
jurisdiction of a board other than the City Council, then the board
having jurisdiction may overrule the Commission by a vote of not less
than two-thirds (2/3) of its entire membership.
[R.O. 2008 §20-21; Ord. No. 2020 §1, 9-13-1999]
This Article shall be known and may be cited and referred to
as the "Creve Coeur Redevelopment Ordinance".
[R.O. 2008 §20-22; Ord. No. 2020 §2, 9-13-1999; Ord. No. 5847, 7-24-2023]
The purpose of the Creve Coeur Redevelopment ordinance is to
provide that upon a finding and determination by the City that blighted
areas within the City exist and that such blighted areas constitute
an economic or social liability or a menace to the health, safety,
morals or welfare of the citizens of the City, it is appropriate for
the City to encourage the removal of blight and therefore determined
to be necessary and in the public interest to provide procedures for
its removal.
[R.O. 2008 §20-23; Ord. No. 2020 §3, 9-13-1999]
The provisions of the "Urban Redevelopment Corporations Law",
Chapter 353, RSMo., as amended, are hereby accepted and incorporated
herein by this reference and shall apply to all persons and corporations
operating under this Chapter, insofar as the same may be applicable
thereto.
[R.O. 2008 §20-24; Ord. No. 2020 §4, 9-13-1999]
The following terms, whenever used or referred to in this Article,
shall, unless a different intent clearly appears from the context,
be construed to have the following meanings:
That portion of the City which the legislative authority
of such City 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 law. 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.
[Ord. No. 5847, 7-24-2023]
An area which, by reason of the predominance of insanitary or
unsafe conditions, deterioration of site improvements, or the existence
of conditions which endanger life or property by fire and other causes,
or any combination of such factors, retards the provision of housing
accommodations or constitutes an economic or social liability or a
menace to the public health, safety, or welfare in its present condition
and use, or
Such other definition as may be required by Missouri law in
connection with the approval of a Development Plan.
A written report including, but not limited to, the following:
Evidence that the redevelopment area in question constitutes
a blighted area;
Identification of each parcel of real property within the redevelopment
area and a factual description of each parcel including, but not limited
to, the nature and age of any improvements thereon and the physical
condition of each such parcel and any improvements thereon; and
A title search by an agency of a title insurance company licensed
to do business in the State of Missouri showing all persons having
an interest of record of any type or nature whatsoever in the real
property in the redevelopment area. Said title search shall be dated
not more than ninety (90) days prior to the date on which the blighting
study is presented to the Council.
The City of Creve Coeur, Missouri.
The City Administrator of the City of Creve Coeur, Missouri.
The City Clerk of the City of Creve Coeur, Missouri.
An urban redevelopment corporation organized under and pursuant
to the provisions of the Urban Redevelopment Corporations Law, together
with its successors and assigns.
The City Council of the City of Creve Coeur, Missouri.
The City Attorney of the City of Creve Coeur, Missouri.
The person, or the successors and assigns thereof, who submits
a development plan approved by the Council.
That contract or agreement entered into between the City
and the designated developer pursuant to an approved development plan.
An amount equal to the actual cost of redevelopment of the
redevelopment area. Such costs shall include, but not be limited to,
the expenses of planning including preliminary studies and surveys;
professional services, interest during construction; the cost of the
acquisition of the real property or any part thereof whether acquired
partly or wholly in exchange for cash, securities or otherwise; the
cost of environmental remediation, if any; the cost of demolition
of existing structures, if any; the cost of utilities, landscaping
and roadways; the cost of construction, equipping and furnishing of
buildings and improvements; the costs of the reconstruction, remodeling
or initial repair of existing buildings and improvements; costs of
management and operations until the redevelopment is ready for use;
the cost of improving those portions of the redevelopment area which
are to remain as open spaces or which are to be used as amenities;
and professional fees, together with such other like costs as shall
be attributable to additions to or changes in the redevelopment project
in accordance with the development plan or after approved amendments
thereto.
A plan, together with the amendments thereto, for the redevelopment
of all or any part of a blighted area, which is approved by the Council
pursuant to this Article.
The Director of the Community Development Department of the
City of Creve Coeur.
[Ord. No. 5847, 7-24-2023]
The Mayor of the City of Creve Coeur, Missouri.
An individual, firm, partnership, joint venture, association,
corporation, 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.[1]
Includes lands, buildings, improvements, land under water
and waterfront property, and any and all easements, franchises and
hereditaments, incorporeal or corporeal, 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 a 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.
That portion of an area to which a development plan applies.
A specific work or improvement to effectuate all or any part
of a development plan.
Chapter 353, RSMo., as amended.
[1]
Editor's Note: The former definition of "Public Works Director,"
which immediately followed, was repealed 7-24-2023 by Ord. No. 5847.
See now the definition of "Director of Community Development" within
this Section.
[R.O. 2008 §20-25; Ord. No. 2020 §5, 9-13-1999; Ord. No. 5847, 7-24-2023]
From time to time, the Council upon recommendation of the City
Administrator or upon its own initiative may consider an area for
possible designation as an area for redevelopment pursuant to the
Act and this Article. The Council may, but is not required to, request
the submission of development plans for the redevelopment of a redevelopment
area by publishing a notice in a paper of general circulation in the
City. Any submission in response to such request shall be in conformance
with this Article and shall be within the time period established
by the City Administrator, in writing, for such submission, which
time period shall not be less than thirty (30) days nor more than
ninety (90) days following publication of such notice. If the Council
rejects all proposed development plans or if none are submitted, the
Council may direct the City Clerk to publish notice again and the
period for submission of proposed development plans shall begin anew.
[R.O. 2008 §20-26; Ord. No. 2020 §6, 9-13-1999; Ord. No. 5847, 7-24-2023]
Any person or corporation submitting a proposed development
plan for the redevelopment of a development area shall file one (1)
original paper set and one (1) electronic copy of such plan of the
blighting study with the Director of Community Development. Absent
a separate cost-funding agreement, simultaneously with such items,
a cashier's check shall be submitted in the amount of five hundred
dollars ($500.00) to pay for the costs incurred in publishing notices
of public hearings. If the actual publication costs exceed this amount,
then the proponent(s) of the proposed development plan shall pay the
additional amount; if the actual costs are less, then the balance
shall be refunded to the proponent(s). If two (2) or more proposed
development plans are submitted for the same area, the publication
costs (or refunds thereof) described herein shall be evenly divided
among the proponents.
[R.O. 2008 §20-27; Ord. No. 2020 §7, 9-13-1999]
A.
A proposed
development plan shall contain the following information and data:
1.
Legal description. A legal description of the redevelopment
area by metes and bounds or other definite designation.
2.
Design plan. A general description and preliminary
design plan of each proposed redevelopment project with plans, a narrative,
schematic drawings and elevations showing or describing the general
location of structures, general height, size and scale of structures,
proposed land use, materials, general landscaping and traffic circulation.
3.
Project phases. A statement of the various phases,
if more than one (1) is intended, by which each redevelopment project
is proposed to be constructed or undertaken and the approximate deadline
for the commencement and completion of each phase, together with a
legal description or other definite designation of the real property
to be included in each phase.
4.
Unit specification — availability. A statement
of the character, type and quality of construction and, when applicable,
approximate number of units, the square footage of the various units,
approximate rent or sales price, as the case may be, and approximate
date of availability of the proposed units to be offered during the
construction by each phase, if at all, or upon completion of each
redevelopment project.
5.
Property to be demolished. A statement of the existing
buildings or improvements in the redevelopment area proposed to be
demolished, in whole or in part, if at all, and an estimate of the
timing of such demolition.
6.
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.
7.
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.
8.
Open space and other amenities. 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 or other amenities to
the redevelopment project, the use of each such space and the manner
in which it will be improved and maintained, if at all.
9.
Property for public agencies or political subdivisions. 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.
10.
Zoning changes. A statement of the proposed changes,
if any, in zoning Chapter or map necessary or desirable for the redevelopment
project and its protection against blighting influences.
11.
Street changes. A statement of the proposed changes
in streets or street levels and proposed street closings within, adjacent
to or in the proximity of the redevelopment area including, but not
limited to, any changes proposed changing streets from public to private
streets or from private to public streets, if any.
12.
Utility changes. A statement of the changes, if
any, which will be required in utility sources to accommodate each
redevelopment project and changes, if any, in utility lines, easements
or locations.
13.
Tax abatement. A statement describing:
a.
The proposed tax abatement, if any, for real property within the
redevelopment area and the reasons and justifications for such requested
tax abatement and any payments in lieu of taxes;
b.
The assessed valuation of the land and the improvements thereon,
respectively, before development;
c.
The estimated assessed valuation of the land and the improvements
thereon, respectively, after redevelopment;
d.
The statement that, but for the tax abatement, the redevelopment
project cannot be undertaken and documentation in support thereof;
e.
The impact such tax abatement will have on each political subdivision
whose boundaries include any portion of the redevelopment area including
an estimate of the amount of ad valorem revenues to be affected by
the grant of tax abatement; and
f.
The conditions upon which tax abatement, if any, will pass to or
inure to the benefit of a subsequent owner of the redevelopment project.
14.
Property acquisition plan. A statement containing:
a.
The legal description, or other definite designation, of that portion
of the real property owned or under option or contract to purchase
by the person or its affiliates;
b.
When known or in the event the parties are unable to conclude a voluntary
conveyance, the legal description of the real property to be acquired
by eminent domain;
c.
The time schedule for acquisition by either negotiated sale or the
exercise of the power of eminent domain; and
d.
The relationship, if any, between the person or any partner, officer,
director, member or shareholder thereof, as the case may be, and the
owner(s) of the real property to be acquired.
15.
Property acquisition by the City. A statement giving
the legal description of the real property, if any, proposed to be
acquired by the City on behalf of the person, the terms and conditions
for such acquisition and the reasons why the aid of the City is sought
for this purpose.
16.
Financing. A detailed statement of the proposed
method of financing the redevelopment project which shall set forth
the estimated development costs of the redevelopment project and the
proposed sources of funds, debt and equity to meet such estimated
costs; a detailed statement of the projected gross revenues and all
projected expenses of the redevelopment project during the first five
(5) years in which such project is in operation; and the assurances
including performance bonds, if any, to be given to the City for the
performance of obligations.
[Ord. No. 5847, 7-24-2023]
17.
Management. A list of the persons proposed to be
active in or associated with the management of the redevelopment project
during the period of at least one (1) year from the date of approval
of the development plan.
18.
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 the City,
has been obtained for the acquisition of such property if such property
is to be acquired.
19.
Relocation. A statement of the proposed plan for
the relocation of those persons who will be displaced, if any, by
the redevelopment project, the estimated cost thereof and a commitment
to pay said relocation cost; and a statement as to whether the relocation
assistance described herein is mandated under any Federal, State or
local law.
20.
Qualifications. A statement detailing the experience
and qualifications of the person submitting the proposed development
plan and proposed to be actively involved in the overall direction
and implementation of the redevelopment project including any officer,
director, managing member, managing partner or majority shareholder
thereof.
21.
Evidence of good standing. If the applicant is not
an individual, evidence that the person submitting the proposed development
plan is lawfully organized and is in good standing under the laws
of the State of Missouri.
22.
Non-collusive affidavit. An affidavit executed by
the person submitting the development plan, in form to be furnished
by the City Administrator, stating that in submitting its proposed
development plan the person has not colluded or conspired with any
other proponent.
23.
Other information. Such other statements, exhibits
or documentation as may be deemed relevant by the City Administrator
or the Council.
[R.O. 2008 §20-28; Ord. No. 2020 §8, 9-13-1999]
A.
After the submission of a Development Plan, whether pursuant to a published request pursuant to Section 400.080 or an unsolicited submission pursuant to Section 400.090, the City Administrator shall publish notice in a paper of general circulation and the City's website notifying all interested parties that a public hearing will be held on a date and time certain by the Council, provided that the public hearing shall not be held less than fifteen (15) days following publication of the notice provided for in this Subsection.
[Ord. No. 5847, 7-24-2023]
B.
In the event a proposed development plan provides for tax abatement or exemption as 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 subdivision and written notice of the hearing to be held as provided for in Subsection (A) above. The written statement and notice required by this Subsection shall be sent to each political subdivision by registered or certified mail (postage prepaid, return receipt requested), nationally recognized overnight courier service, or hand delivery 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 of each political subdivision affected by the abatement or exemption based upon the estimated assessed valuation of the real property involved as such property would exist before and after it is developed. At the public hearing all political subdivisions described in this Section shall have the right to be heard on such grant of tax abatement or exemption.
[Ord. No. 5847, 7-24-2023]
C.
The
City Administrator shall give written notice of the hearing at least
fifteen (15) days before the date of the hearing to all persons having
a property interest of record, of any type or nature whatsoever, in
the area covered by the proposed development plan, as of the date
of the title search prepared as part of the blighting study. Said
notice shall be given to each such person by certified United States
mail, postage prepaid, addressed to the above persons at their proper
address, if known (and if not known, said notice may be mailed to
"owner or occupant" by regular United States mail, postage prepaid,
at the street address, if any, within the area covered by the proposed
development plan). At the public hearing, all persons shall have the
right to be heard.
D.
Only
those proposed development plans filed with the City Clerk as set
forth in this Article shall be considered by the Council.
E.
Following
the public hearing, the Council may make such other investigations
as it deems necessary and proper.
[R.O. 2008 §20-29; Ord. No. 2020 §9, 9-13-1999]
A.
Upon
the adoption of a resolution by the Council, the City may elect to
conduct a blighting study of any area(s) within the City. Thereafter,
following a public hearing, the Council may, by ordinance, declare
any such area to be a blighted area, using the criteria set forth
in this Article, determine what use of the blighted area is best suited
for redevelopment of the area and make a request for proposals for
development plans therefor.
C.
The City shall cause notice of the public hearing to be given as provided in Section 400.110(B) and (C) above. All interested parties and members of the public may be heard at such hearing.
[R.O. 2008 §20-30; Ord. No. 2020 §10, 9-13-1999]
A.
Following
the public hearing, the Council shall consider the merits of the proposed
development plan(s) and, in its discretion:
B.
The
ordinance approving a development plan shall include, but shall not
be limited to, the following:
1.
A finding that the redevelopment area included within a development
plan is a blighted area and that the clearance, redevelopment, replanning,
rehabilitation or reconstruction thereof is necessary and in the best
interest of the City and its citizens;
2.
If the Council so determines, the finding and declaration that the
exercise of the power of eminent domain is necessary to accomplish
the purposes of the redevelopment project;
3.
A finding and declaration as to whether the development of the redevelopment
area or any portion thereof, in accordance with the development plan,
is not possible but for the availability of tax abatement pursuant
to the Urban Redevelopment Corporations Law and, if appropriate, the
amount and duration of such tax abatement;
4.
Authority for the City Administrator to enter into a development
contract on behalf of the City with the designated developer;
5.
A duration of time within which all real property in the redevelopment
area must be acquired, which may include acquisition by phases and
provision for the expiration of development rights including the rights
of eminent domain and tax abatement in the event of the failure of
the designated developer to acquire ownership of the real property
in the redevelopment area within time limits as specified;
6.
A provision limiting the use of the redevelopment area to that use
described in the approved development plan for a period of years,
but not less than a period equal in length to the number of years
for which tax abatement or exemption has been granted; and
7.
Such other matters as may be deemed relevant by the Council including,
but not limited to, liquidated damages and the amount of performance
and payment bonds, if any.
[R.O. 2008 §20-31; Ord. No. 2020 §11, 9-13-1999]
The Council shall approve, by ordinance, any proposed amendments to a development plan previously approved by ordinance; the notice and hearing requirements of Section 400.110 shall apply with respect to any such amendments (other than extensions of time for compliance, which may be approved by ordinance or by resolution as set forth in Section 400.180(D) below).
[R.O. 2008 §20-32; Ord. No. 2020 §12, 9-13-1999]
Notwithstanding any other provision of law to the contrary,
payments in lieu of taxes may be imposed by contract between the City
and the designated developer which receives tax abatement on real
property pursuant to the Urban Redevelopment Corporations Law. Such
payment shall be made to the Collector of Revenue of St. Louis County
by December thirty-first (31st) of each year that payments are due.
The Council shall furnish the Collector with a copy of such contract
requiring payment in lieu of taxes. The Collector 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.
[R.O. 2008 §20-33; Ord. No. 2020 §13, 9-13-1999]
A.
Upon
enactment into law of an ordinance approving a development plan, the
City shall enter into a development contract with the designated developer
pursuant to the terms and conditions set forth in this Article and
the ordinance approving the development plan. The designated developer
shall not avail itself of any of the benefits of the ordinance approving
the development plan until it has duly executed the development contract.
B.
A copy
of the development contract between the City and the designated developer
for carrying out the development plan, together with a copy of the
ordinance approving the development plan, shall be recorded by the
designated developer in the office of the Recorder of Deeds of St.
Louis County and proof of such recording shall be filed with the City
Clerk. True copies of the development plan approved by the Council
by ordinance shall be retained with the authorizing ordinance by the
City Clerk.
[R.O. 2008 §20-34; Ord. No. 2020 §14, 9-13-1999]
A.
The
designated developer shall comply with all other ordinances of the
City.
B.
The
designated developer shall pay, when due and payable, all such fees,
licenses and other charges required by the ordinances of the City
applicable to such designated developer or the redevelopment project
to be undertaken.
[R.O. 2008 §20-35; Ord. No. 2020 §15, 9-13-1999; Ord. No. 5847, 7-24-2023]
A.
Building Permits. In the event a development plan for redevelopment
area is approved by ordinance, then building permits for construction
in the redevelopment area shall not be issued unless the building
plans are found by the Director of Community Development or other
responsible municipal official to be in substantial compliance with
the approved development plan for the period during which the development
plan is in effect.
B.
Investigation. It shall be the duty of the Director of Community
Development or other responsible municipal official, after the development
plan has been approved by the Council, to investigate and determine
from time to time, but not less often than quarterly during construction
of the redevelopment project, whether the redevelopment project as
constructed substantially complies with such development plan and
the development contract with the City in the manner and at the times
fixed therein for the performance of the various phases thereof.
C.
Reports. It shall also be the duty of the Director of Community
Development or other responsible municipal official to make reports
from time to time, but not less often than quarterly during the construction
of the redevelopment project, to the City Administrator who shall
then submit them to the Mayor and the Council regarding the redevelopment
project approved for the redevelopment area, which reports shall include,
but not be limited to, information as to compliance with the provisions
of this Article.
D.
Time Extension. The Council may, by ordinance or by resolution (and without complying with the notice and hearing requirements of Section 400.110 above), for good cause shown, grant to a person implementing an approved development plan an extension of time in which to complete the redevelopment project or any phase, stage or portion thereof.
E.
Recommendation Of Certification. When a person implementing an approved development plan has completed the redevelopment project or a phase thereof in accordance with the provisions of the development contract, such person may request the City to deliver a certificate of completion in the manner set forth in the development contract. The investigations and reports of the Director of Community Development or other responsible municipal official required by Subsections (B) and (C) of this Section shall not be required or made with respect to the redevelopment project or to any approved phase thereof subsequent to the date of issuance of such certificate of completion with respect to such redevelopment project or phase thereof.
[R.O. 2008 §20-36; Ord. No. 2020 §16, 9-13-1999]
A.
A corporation
or the successors and assigns thereof which has submitted a development
plan for tax abatement that has been approved by the Council 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 City Clerk financial statements
as follows:
1.
Such statement shall be filed annually within one hundred eighty
(180) days following the close of the person's fiscal year and the
first (1st) such statement shall be filed for such person's fiscal
year ending in the calendar year next following the calendar year
in which the ordinance approving the development plan became law.
2.
The financial statement shall:
a.
Follow accepted accounting procedure;
b.
Contain an operating profit and loss statement;
c.
Contain such other information as the Council, by resolution, requires;
and
d.
Be duly attested to by an officer or manager as an accurate and truthful
representation of the such person's financial condition.
B.
The
City Administrator shall review all financial statements submitted
or cause the same to be reviewed. The City Administrator 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 the Urban Redevelopment Corporations
Law and the ordinance which approved the development plan.
C.
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 City Clerk shall certify to the Assessor of St. Louis County on
or before April first (1st) of each calendar year following the year
the statement was required to be submitted under this Section, that
such corporation or the successors and assigns thereof is eligible
under the tax abatement provisions contained in the Urban Redevelopment
Corporations Law.
D.
Every
corporation operating under this Article may establish and maintain
depreciation, obsolescence and other reserves, as well as surplus
and other accounts including a reserve for payment of taxes, according
to standard accounting practices.
[R.O. 2008 §20-37; Ord. No. 2020 §17 9-13-1999]
A person may sell or otherwise dispose of any or all of the
real property acquired by such person for the purpose of a redevelopment
project. The development plan, the ordinance approving any development
plan and any development contract entered into pursuant thereto may
provide that in the event of the sale or other disposition of the
real property by reason of the foreclosure of any mortgage or other
lien through insolvency or bankruptcy proceedings or by order of any
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 and comply
with the terms of the development contract. If such development plan
ordinance and development 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 and agrees to continue to comply with the terms of the development
contract, the Council 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 ordinance approving
the development plan provides for termination of tax relief under
such circumstances, the Council 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, the development
plan and development contract.
[R.O. 2008 §20-38; Ord. No. 2020 §18, 9-13-1999]
A.
Whenever
any person operating under or availing itself of the benefits of a
development plan does not substantially comply with the development
plan and the development contract with the City within the time limits
and in the manner as therein stated, reasonable delays caused by unforeseen
circumstances beyond its control excepted, or shall do or permit to
be done anything in violation of the development plan, the development
contract or this Article or fails or omits to do anything required
of it by the development plan, the development contract or this Article,
then any such fact may be certified by the Council to the counsel
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 an action for damages against
the person for a breach of any of the terms, conditions and covenants
of the development plan or the development contract; provided that
in the event the Council shall determine that a person has abandoned
construction before completion of the redevelopment project in contravention
of the terms of an approved development plan, a certified copy of
the resolution of the Council making such determination shall be recorded
in the office of the Recorder of Deeds of St. Louis County and the
real property included in such development plan shall from that date
be subject to assessment and payment of all ad valorem taxes based
on the true value of such real property. In the event the City prevails
in any action at law or in equity, the person shall pay the attorney's
fees, costs and damages arising out of such action within thirty (30)
days of a final judgment or decree.
B.
In
computing any period of time prescribed or allowed by this Article,
the day of the act or event after which the designated period of time
begins to run is not to be included. The last day of the period so
computed is to be included, unless it is a Saturday, Sunday or City
legal holiday, in which event the period runs until the end of the
next day which is neither a Saturday, Sunday nor a City legal holiday.
