[R.O. 2011 §45.010]
This Chapter shall be known and may be cited and referred to
as "The Urban Redevelopment Ordinance".
[R.O. 2011 §45.020]
It is hereby determined and declared by the Board that in certain
portions of the City obsolescence, decadent, substandard, insanitary
or blighted areas exist occasioned by inadequate planning, excessive
land coverage, lack of proper light, air or open space, defective
design or arrangement of buildings, lack of proper sanitary facilities,
or the existence of buildings or other structures, which by reason
of age, obsolescence, inadequate or outmoded design, or physical deterioration,
have impaired the economic value of large areas, infecting them with
blight, and that such areas are characterized by depreciated values,
impaired investments, reduced or negligible income and consequent
tax delinquencies; that such conditions exist in areas where obsolete,
decadent, substandard, insanitary, outworn or outmoded industrial,
commercial or residential buildings or other structures prevail, and
the same are conducive to ill health, transmission of disease, infant
mortality, juvenile delinquency and crime; that such conditions are
commonplace in areas which are subdivided into small parcels with
multiple ownership and frequently with confusion as to title; that
their assembly for purposes of clearance, replanning, rehabilitation,
reconstruction and redevelopment is difficult and costly; that the
existence of such condition and the failure to clear, replan, rehabilitate,
reconstruct or redevelop these areas results in progressive deterioration,
in a loss of tax revenues, economic activity and population by the
areas, causes a wasteful expenditure of public funds for policing,
and occasions large outlays for the creation of public facilities
and services elsewhere; that it is impossible and uneconomic for individual
owners to independently undertake to remedy such conditions; that
such conditions require the employment of capital on an investment
basis, allowing, however, the widest latitude in the amortization
of indebtedness created thereby; that such conditions further require
the acquisition of adequate areas, at fair prices, the clearance of
such areas through demolition of existing obsolete, decadent, inadequate,
unsafe or insanitary buildings and the redevelopment of such areas
under proper supervision with appropriate planning as to land use
and construction policies; that the clearance, replanning, rehabilitation,
reconstruction and redevelopment of such areas are necessary for the
public welfare and are public uses and purposes for which private
property may be acquired by purchase or eminent domain; and that such
obsolete, decadent, substandard, insanitary and blighted areas constitute
a menace to the health, safety, morals and welfare of the citizens
of the City. Therefore, the necessity for the provisions herein enacted
is hereby declared as a matter of legislative determination to be
in the public interest.
[R.O. 2011 §45.030]
The provisions of the "Urban Redevelopment Corporation Law",
found at 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. 2011 §45.040]
A.
AREA
BLIGHTED AREA
BUSINESS
COMMISSION
DEVELOPMENT COST
DEVELOPMENT PLAN
DISPLACED BUSINESS
DISPLACED OCCUPANT
HANDICAPPED PERSON
HOME OCCUPATION
MORTGAGE
OCCUPANT
PERSON
REAL PROPERTY
REDEVELOPMENT
REDEVELOPMENT PROJECT
URBAN REDEVELOPMENT CORPORATION
URBAN REDEVELOPMENT CORPORATIONS LAW
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 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 this Chapter. Any such area may include buildings,
structures 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 Board 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.
Any commercial enterprise or not-for-profit entity having
lawful occupancy of a premises. However, in no event shall a home
occupation constitute a business.
The City Commission.
The amount determined by the Commission 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
expense of planning the redevelopment, including preliminary studies
and surveys, neighborhood planning, and architectural and engineering
services, the reasonable value of the services performed in connection
with the development plan, interest during construction, the actual
cost of the real property, the actual cost of demolition of existing
structures, the actual cost of utilities, landscaping and roadways,
the actual cost of construction, equipment and furnishing of buildings
and improvements, including architectural, engineering and builder's
fees, the actual cost of reconstruction, rehabilitation, redevelopment,
remodeling, or initial repair of existing buildings and improvements,
reasonable management and operations 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 any such City.
Any business that moves from real property within the development
area as a result of the acquisition of such property by a corporation,
its assigns or transferees, as a result of written notice by such
entities to vacate such property or in connection with the demolition,
alteration or repair of said property occurring after filing of the
development plan by any person who subsequently transfers the property
to the corporation for tax abatement purposes.
Any occupant who moves from real property within the development
area as a result of the acquisition of such property by a corporation,
its assigns or transferees, as a result or written notice by such
entities to vacate such property, or in connection with the demolition,
alteration or repair of said property occurring after filing of the
development plan by any person who subsequently transfers the property
to the corporation for tax abatement purposes.
Any person who is deaf, legally blind or orthopedically disabled
to the extent that acquisition of another residence presents a greater
burden than other persons would encounter or to the extent that modifications
to the replacement residence would be necessary.
Any enterprise, whether of a sales or service character,
conducted within a dwelling primarily and actually used as a residence.
A mortgage, trust indenture, deed of trust, or other instrument
creating a lien on real property to secure the payment of an indebtedness,
and the indebtedness secured by any such instrument.
A residential occupant of a building having lawful possession
thereof, and further shall include any person in lawful possession,
whether related by blood or marriage to any other occupant.
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, structures, 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 plans,
covenants, 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, recreational or public structures and spaces as may be
appropriate, incident or appurtenant thereto.
A specific work or improvement to effectuate all or any part
of a development plan.
A corporation organized pursuant to Chapter 353, RSMo.; except
that any life insurance company organized pursuant to the laws of,
or admitted to do business in, the State of Missouri may from time
to time within five (5) years after April 23, 1946, undertake, alone
or in conjunction with, or as a lessee of any such life insurance
company or urban redevelopment corporation, a redevelopment project
pursuant to Chapter 353, RSMo., and shall, in its operations with
respect to any such redevelopment project, but not otherwise, be deemed
to be an urban redevelopment corporation for the purposes of Section
353.020, RSMo., and Sections 353.010, 353.040, 353.060 and 353.110
to 353.160, RSMo.
Chapter 353, RSMo., and any amendments thereto.
B.
Words,
not otherwise defined, shall have their common meanings. Words used
in the present tense include the future; the singular number includes
the plural and the plural the singular, unless the context clearly
implies otherwise.
[R.O. 2011 §45.050]
A.
Submission Of Application Form. Any redevelopment corporation
proposing to file a development plan for approval by the City Planning
Commission and the Board of Aldermen must first submit the proposed
plan and supporting information and filing fee as provided below to
the City Clerk/Treasurer for filing herein. Immediately after receipt
of the filing of the development plan, the City Clerk/Treasurer shall
forward the plan to the City Planning Commission and to the City Attorney.
Such plan shall not be acted upon by the Board until after a public
hearing thereon has been held by the City Planning Commission and
a report on such plan submitted by the Commission to the Board.
B.
Deposit Upon Filing Plan. No plan shall be accepted for
filing unless it shall be accompanied by a deposit of three hundred
dollars ($300.00) to be held by the City Treasurer and to be applied
to the reasonable cost of the examining, inspectional and supervisory
services required in connection with such plan as provided in this
Chapter.
[R.O. 2011 §45.060]
A.
Any application
for approval of a development plan must be supported by factual evidence
of blight.
1.
Evidence
must relate to the area generally.
2.
Evidence
must relate to each specific property proposed to be acquired; provided
however, that the blighted area may include buildings, structures
or improvements not in themselves blighted if the inclusion of such
area is deemed necessary for the effective clearance, replanning,
reconstruction or rehabilitation of the blighted area.
3.
Evidence
must be sufficient to show that by reason of age, obsolescence, inadequate
or outmoded design or physical deterioration, the properties involved
are either an economic or social liability or are conducive to ill
health, transmission of disease, crime or inability to pay reasonable
taxes.
4.
The
City Planning Commission shall analyze the evidence submitted and,
to the extent necessary, conduct its own study in order to prepare
a report to the Board of Aldermen either confirming the conditions
of blight or setting out such exceptions or modifications as may be
appropriate.
5.
Evidence
must be sufficiently complete that the Board of Aldermen can make
a finding of blight as required by State Statute.
[R.O. 2011 §45.070]
A.
Notification By Corporation. A development plan must be
accompanied by evidence that each person or entity having of record
fee simple ownership or real property within the area has been given
written notice of the filing of the development plan by depositing
such notice in the regular United States mail, postage prepaid, addressed
to such person or entity at the address indicated on the records of
the Recorder's office for the County in which the property is located.
A certification that similar notification by mail has been given such
persons or entities of any hearings before the Commission and the
Board of Aldermen or such plan shall be provided on or before the
date of the hearing before the respective body.
B.
Notification And Hearing By Commission. The City Clerk/Treasurer
shall promptly refer each development plan to the City Planning Commission.
The City Planning Commission shall thereupon provide for a public
hearing upon such development plan and cause notice of the hearing
thereon to be given by at least one (1) publication in the newspaper
doing the City printing not less than ten (10) days before the date
of the hearing. All interested parties may be heard at such hearing.
No other development plan, however, which proposes the development
of all or any part of the real property in the area described in any
development plan, either then on file with the City Clerk/Treasurer
or previously approved by ordinance, shall be considered by the Board
or the Commission unless the second (2nd) plan shall also be filed
with the City Clerk/Treasurer within not more than twenty (20) days
next following the date of the first (1st) scheduled hearing by the
City Planning Commission. In the event more than one (1) development
plan is filed with the City Clerk/Treasurer affecting all or any part
of the same area, there shall be a public hearing on each plan. After
each such hearing, the Commission may make such other investigations
as it deems proper, and thereafter submit a report on any such plans
to the Board.
[R.O. 2011 §45.080]
A.
A development
plan shall contain:
1.
Legal description. A legal description of the development
area by metes and bounds or other definite designation.
2.
Stages of project. 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 commencement and completion of each stage, together with a description
of the real property to be included in each stage so as to reasonably
identify the various stages. The statement shall also set forth a
time schedule clearly setting forth reasonable times for commencement
and completion of:
3.
Property to be demolished. A statement of existing buildings
or improvements in the development area to be demolished, if any,
and the approximate period of time during which demolition, if any,
of each such building or improvement is to take place.
4.
Building renovation. A statement of the proposed improvements,
if any, to each building not to be demolished, 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.
5.
New construction. A statement of the type, number and character
of each new residential, commercial and industrial building or other
type of improvement to be erected or made.
6.
Amenities. A statement of those portions, if any, of the
blighted area which are to be amenities to the project, including,
but not limited to, permanent residential open space for recreation,
streetscape, plaza areas and other similar visual effects.
7.
Property for public agencies. A statement of those portions,
if any, of the blighted area which are proposed to be sold, donated,
exchanged or leased to the Board, Art Commission or other public agency
and an outline of the terms of such proposed sale, donation, exchange
or lease.
8.
Zoning changes. A statement of the proposed changes, if
any, in zoning ordinances or maps, necessary or desirable for the
redevelopment, and its protection against blighting influences.
9.
Street changes. A statement of the proposed changes, if
any, in streets or street levels, alleys, any proposed street closing,
and any changes which would have to be made to streets or alleys adjoining
or near the redevelopment project, including the plan for financing
these changes.
10.
Dwelling accommodations. A statement of the character of
the existing dwelling accommodations, if any, in the blighted area,
the approximate number of occupants residing therein, together with
the approximate schedule of the rentals being paid by them.
11.
Housing and business relocation. The development plan shall set forth a feasible plan for the relocation of all occupants and businesses and any other entities displaced, including adequate reimbursements for reasonable relocation cost, according to the information required by Section 515.110 of this Chapter.
12.
Proposed housing. A statement of the character, type and
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 the redevelopment.
13.
Financing. A statement of the proposed method of financing
the redevelopment project with specific information related to the
acquisition and demolition cost and proposed method of construction
financing. Evidence must be submitted to the Board of Aldermen that
sufficient financing will be available to implement the development
plan.
14.
Management. A statement of the names of the individuals
who it is proposed will 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 the approval of the development plan, and the
name and address of the registered agent for the corporation.
15.
Eminent domain. A statement giving the legal description
of the real property owned, or proposed to be purchased or to be acquired
by eminent domain by the City in behalf of the corporation, and the
reasons why acquisition by condemnation is proposed.
16.
Eminent domain on behalf of proponents of plan. A statement
giving the legal description of the real property, if any, proposed
to be purchased or acquired by eminent domain by the City in behalf
of the proponents of the development plan or by any other body authorized
to acquire by eminent domain and the reasons why the aid of the City
or other body is sought for that purpose.
17.
Assignment of plan. Appropriate controls shall be provided
over the right of assignment of the development plan to any other
entity in order that the Board of Aldermen can be assured that the
intention and purpose of the redevelopment project will, in fact,
be carried out.
18.
Certificate of incorporation. The corporation shall include
in its plan a copy of its certificate of incorporation from the Secretary
of State.
19.
Other information. The development plan, and any application
for amendment thereto, shall contain such other statements or exhibits
as may be deemed relevant.
[R.O. 2011 §45.090]
In the course of considering any development plan for approval,
the City Planning Commission and the Board of Aldermen 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 in such amount which, together with the real property taxes
to be paid on the land for the first ten (10) years, shall, as a minimum,
equal the total real property taxes on the land and improvements during
the tax year immediately preceding purchase of the property by the
corporation; however, such sum may actually in fact exceed the current
level of taxes.
[R.O. 2011 §45.100]
A.
At the
time of filing a development plan which provides for the acquisition
of property by eminent domain, the corporation shall certify that
the corporation, as a consideration for approval of the plan, after
approval of the plan, shall in good faith attempt to purchase by negotiation
any given property that is within the project area and subject to
eminent domain 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 the one hundred
eighty (180) days have elapsed. Failure to abide by the agreement
shall be grounds for a finding of default as hereinafter provided.
B.
The corporation
shall certify annually that the financing provided for in Section
515.080(13) of this Chapter remains available or some acceptable alternative
financing is also available.
C.
The corporation shall annually file a financial statement indicating compliance with Section 515.220 of this Chapter.
D.
The annual
certifications and financial statement required by this Section shall
be filed with the City Clerk/Treasurer.
[R.O. 2011 §45.110]
A.
Plan Requirement. Every corporation which requests the City
to exercise the power of eminent domain for any part of the project
area shall submit a reasonable relocation plan as part of the development
plan.
B.
Contents Of Plan. The relocation plan shall provide for
the following:
1.
Payments
to all eligible displaced persons, as defined in Section 523.200,
RSMo., who occupied the property to be acquired for not less than
ninety (90) days prior to the initiation of negotiations who are required
to vacate the premises;
2.
A program
for identifying special needs of displaced persons with specific consideration
given to income, age, size of family, nature of business, availability
of suitable replacement facilities and vacancy rates of affordable
facilities;
3.
A program
for providing proper and timely notice to all displaced persons, including
a general description of their potential rights and benefits if they
are displaced, their eligibility for relocation assistance, and the
nature of that assistance. The notices required for compliance with
Section 523.205, RSMo., are as follows:
a.
A
general information notice that shall be issued at the approval and
selection of a designated redeveloper and shall inform residential
and non-residential owners and occupants of a potential project, including
the potential acquisition of the property;
b.
A
notice of relocation eligibility that shall be issued as soon as feasible
after the execution of the redevelopment agreement and shall inform
residential and nonresidential occupants within the project area who
will be displaced of their relocation assistance and nature of that
assistance, including ninety (90) days' advance notice of the date
the occupants must vacate;
4.
A program
for referrals of displaced persons with provisions for a minimum of
three (3) decent, safe and sanitary housing referrals for residential
persons or suitable referral sites for displaced businesses, a minimum
of ninety (90) days' notice of referral sites for all displaced persons
prior to the date such displaced persons are required to vacate the
premises, and arrangements for transportation to inspect referral
sites; and
5.
Every
displaced person shall be given a ninety (90) day notice to vacate,
prior to the date such displaced person is required to vacate the
premises.
C.
Payments To Occupants. All displaced occupants eligible for payments under Subsection (B)(1) of this Section shall be provided with a certified lump sum payment set forth in the relocation plan, to be paid at least thirty (30) days prior to the date the occupant is required to vacate the premises.
D.
Payment To Businesses. All displaced businesses eligible for payments under Subsection (B)(1) of this Section shall be provided with a specified lump sum payment set forth in the relocation plan, to be paid at least thirty (30) pays prior to the date the business is required to vacate the premises.
E.
Waiver Of Payments. Any occupant who is also the owner
of premises and any business may waive their relocation payments set
out above as part of the negotiations for the corporation's acquisition
of the interest held by said occupant or business.
F.
Notice Of Relocation Benefits. All occupants and businesses eligible for relocation benefits under this Section shall be notified in writing of the availability of such relocation payments and assistance, such notice to be given concurrent with the notice of referral sites required by Subsection (B)(2) of this Section.
G.
Persons Bound By The Plan. Any redevelopment corporation,
its assigns or transferees, is required to comply with the provisions
of this Section.
H.
Minimum Requirements. The requirements set out herein shall
be considered minimum standards. In reviewing any plan proposed, the
Board of Aldermen shall determine the adequacy of the proposal and
may require additional elements to be provided therein.
[R.O. 2011 §45.120]
A.
A development
plan shall not be approved by the City Planning Commission until and
unless the commission shall determine each of the following matters:
1.
Necessity. The area within which the redevelopment is to be made is blighted, and the redevelopment in accordance with the development plan is necessary or advisable to effectuate the public purposes declared in Section 515.020 of this Chapter.
2.
Compliance with master plan. The development plan is in
accord with the master plan of the City, if any.
3.
Size of area. The area is of sufficient size to allow its
redevelopment in an efficient and economically satisfactory manner.
4.
Stages of plan. 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.
5.
Adequacy of housing. Housing accommodations are or will
soon be elsewhere available for all persons who will be displaced
by the redevelopment project, and that no undue hardship to such persons
will be caused thereby.
6.
Adequacy of public facilities. 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 that the redevelopment is ready for use to service
the area.
7.
Zoning, street changes. 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.
8.
Costs of condemnation. The estimated cost of acquisition
of real property which it is proposed the City will acquire for the
proponents of the development plan, by the exercise of the power of
eminent domain.
[R.O. 2011 §45.130]
Any determination by the City Planning Commission as described in Section 515.120 of this Chapter shall be conclusive evidence of the facts so determined except upon proof of fraud or willful misfeasance. In arriving at such determination, the Commission shall consider only those elements of the development plan relevant to such determination under Subsections (1 — 8) of Section 515.120 of this Chapter and relevant to the type of redevelopment which is in the public interest for the area. After fully considering such development plan, the City Planning Commission shall forthwith transmit its report thereon to the Board.
[R.O. 2011 §45.140]
The City Planning Commission may report to the Board of Aldermen for its approval an amendment to a development plan, but no such amendment to a development plan shall be approved, unless Planning Commission by the proponents thereof containing those portions of the statements and information required by Section 515.080 of this Chapter as are relevant to the proposed amendment, and unless and until the City Planning Commission shall make the determinations required by Section 515.120 of this Chapter as are relevant to the proposed amendment.
[R.O. 2011 §45.150]
A.
Investigation. It shall be the duty of the City Planning
Commission, after a development plan has been approved 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 in the manner and at the times fixed therein for the performance
of the various stages thereof.
B.
Reports. It shall also be the duty of the City Planning Commission to make reports from time to time during the construction of the redevelopment project to the Board of Aldermen 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. However, any failure by the City Planning Commission to perform the investigation described in Subsection (A), to make the report described in this Subsection (B), or the omission from any such report of any non-compliance shall not stop the City from later asserting such non-compliance.
C.
Time Extension. The Board of Aldermen may, upon the recommendation
of the City Planning Commission and for good cause shown, grant to
the 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.
Recommendation Of Certification. When a corporation operating under an approved development plan shall have completed the redevelopment project in accordance with the provisions of the development plan, the City Planning Commission, upon the written request of such corporation, shall conduct an investigation, and if the City Planning Commission determines that the project has been so completed, it shall recommend to the Board of Aldermen that a certificate of compliance be issued to such corporation for each stage, and the Board of Aldermen may authorize the Mayor to issue a certificate of compliance which shall be conclusive evidence of such compliance, except upon proof of fraud. The investigation and reports of the Commission required by Subsections (A — 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 City Treasurer, during the existence of the tax relief period provided in Section 515.270 of this Chapter, three (3) copies of its financial report for the preceding year, which report shall disclose the earnings of the corporation and the disposition of any net earnings in excess of those provided for under Section 515.220 of this Chapter, and the interest rate on income debentures, bonds, notes or other evidences of debt of the corporation; thereupon, the City Treasurer shall review the financial report of the corporation and thereafter he/she shall file with the City Clerk/Treasurer and the City Planning Commission the financial report, accompanied by his/her opinion as to compliance by the corporation with Section 515.220 of this Chapter.
E.
Rules And Regulations. The City Planning Commission shall
have power to make and adopt such rules and regulations necessary
and proper to effectuate the purposes of this Chapter.
[R.O. 2011 §45.160]
The City Planning Commission may adopt a schedule of fees to be paid by the proponents of any development plan, amendments thereto and other instruments in connection therewith. The amount of such fees shall not exceed the reasonable cost of the examining, inspection and supervisory services required under this Chapter and shall be subject to the approval of the Board. When approved by the Board, such fees shall be charged to the proponents of such plan and paid into the City Treasury by deducting the amount thereof from the deposit described in Section 515.050 of this Chapter. If the total of such fees exceeds the amount of such deposit, the excess amount shall be charged to and paid by the proponents of the development plan.
[R.O. 2011 §45.170]
A.
Unless revised by the City Planning Commission pursuant to Section 515.160 of this Chapter, the schedule of fees to be paid by the proponents of any development plan shall be as follows:
1.
Examination
of original plans and minor recommended changes, four dollars ($4.00)
per acre.
2.
Field
examination of site, two dollars ($2.00) per acre.
3.
Appraisal
of the value of property involved in project, at cost.
4.
Major
revisions and changes in original plans, hourly charge ranging from
one dollar ($1.00) to three dollars ($3.00) per hour depending upon
the time required and the salaries of the staff members required for
the work.
5.
Original
supervision and inspection costs, ten dollars ($10.00) per inspection,
with an average of not more than one (1) inspection per ten (10) working
days during the period of construction.
6.
Supervision
and inspection costs to be provided in connection with a report by
the City Planning Commission, sixty dollars ($60.00) per inspection.
7.
Minimum
fee for any redevelopment project submitted for approval to the City
Planning Commission, two hundred dollars ($200.00).
[R.O. 2011 §45.180]
A.
The report
of the City Planning Commission upon each development plan shall be
filed with the City Clerk/Treasurer, accompanied by an ordinance providing
for the approval, disapproval or other action on such plan. If such
ordinance provides for the approval of the plan, the Board may, if
it deems desirable, authorize the Mayor to enter into a contract on
behalf of the City with the corporation, such contract to contain
the provisions as embodied in the plan, 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
and the corporation; provided however, that no such contract shall
be construed as an enlargement of the authority conferred upon the
City by the Urban Redevelopment Corporations Law. The City Clerk/Treasurer
shall submit such ordinance, together with such report and plan, to
the Board at its next regular meeting thereafter.
B.
The Board
shall be entitled to take any of the following actions with respect
to a development plan:
1.
Unconditionally
approve the plan and may, if it deems desirable, authorize the Mayor
on behalf of the City to enter into a contract with the corporation,
or disapprove the plan;
2.
Approve
the plan subject to such conditions, exceptions or restrictions as
the Board may deem to be in the public interest; or
3.
Refer
such plan to the City Planning Commission with recommendations as
to changes or amendments to be made therein.
[R.O. 2011 §45.190]
A.
In any
ordinance approving a development plan, the Board shall make the following
findings and declarations:
1.
The
area included within the development plan is a blighted area, and
that the clearance, redevelopment, replanning, rehabilitation or reconstruction
thereof is necessary for the public convenience and necessity.
2.
If a
corporation seeks to have the City acquire all or any part of the
real property within the blighted area by exercise of the power of
eminent domain, such acquisition by the exercise of the power of eminent
domain is for the public convenience and necessity.
3.
Approval
of the development plan and construction of the redevelopment project
are necessary for the preservation of the public peace, property,
health, safety, morals and welfare.
[R.O. 2011 §45.200]
A.
Amount. If the person or 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 person or corporation shall, at the
time hereinafter provided, deposit in escrow with the City Clerk/Treasurer,
subject to the provisions of this Chapter, a sum of money in cash
equal to the cost estimated by the City Planning Commission to be
incurred by the City in acquiring, or, if the clearance thereof is
also sought, in acquiring and clearing such real property, conditioned
as hereafter provided that such deposit shall constitute a bid for
such real property by the person or corporation making such deposit
when such real property is offered for sale or lease by the City.
Such bid shall equal the actual cost incurred by the City in acquiring
or in acquiring and clearing such real property, and shall be applied
as hereinafter provided.
B.
Return Of Deposit. If the person or corporation making
any such deposit is not the successful bidder for such real property,
after it has been acquired or acquired and cleared by the City, then
such deposit shall be returned by the City to the person or corporation
making such deposit.
C.
Cost Defined. The term "cost", as used in this Section and Section 515.210, shall mean 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 Planning Commission, and all other expenses of acquiring and clearing such property, but the term shall not include the expense of the services of the City Attorney or the City Public Works Department.
[R.O. 2011 §45.210]
A.
Within ten (10) days after the Board 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 person or corporation submitting such plan shall deposit in escrow with the City Treasurer the cash amounts required by Section 515.200 of this Chapter. Thereafter, the Board shall determine by ordinance whether the real property described in such plan constitutes a blighted area as defined in this Chapter and should in the public interest be redeveloped, and the Board 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 or the proceeds of 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 of 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 applicable law.
B.
After
acquiring the title to such real property, the City shall sell 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 City Planning Commission,
or which the Board deems to be in the public interest.
D.
If there
be but one (1) qualified bidder, such real property shall be sold
to such bidder at not less than the acquisition cost of such real
property to the City. If there be more than one (1) qualified bidder,
such real property shall be sold to the highest and best bidder. If
any profit is realized by the City for such sale, such profit shall
be credited to the general fund. Each sale shall be approved by the
Board. The deposit of the successful bidder shall be applied upon
the purchase price, and the City shall give due credit therefor. 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 persons shall make an additional deposit with
the City Treasurer, upon ten (10) days' written notice from the City
Treasurer, of a sum of money in cash equal to such additional acquisition
cost as so determined; and failing 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,
other than the expense of the services of the City Attorney and the
City Public Works Department, 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 Treasurer from the funds deposited in
escrow, and applied by the City Treasurer to the payment of such expenses,
and if more than one (1) deposit has been made, then each person so
making a deposit shall be charged equally for this share of such costs.
The balance of such funds so deposited in escrow shall then be returned
to the owner thereof.
[R.O. 2011 §45.220]
A.
Obligations, Interest Thereon. No corporation whose development
plan has been approved by the Board shall:
1.
Issue
income debentures, bonds, notes or other evidences of debt bearing
or paying an interest rate in excess of that permitted by State law.
2.
Pay
any 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.
Net Earning. The net earnings of a corporation whose development
plan has been approved by the Board shall be limited to an amount
not to exceed eight percent (8%) per annum upon the entire cost thereof.
Such net earnings shall be computed after deducting from gross earnings
the following:
1.
All
costs and expenses of maintenance and operation.
2.
Amounts
paid for taxes, assessments, insurance premiums and other similar
charges.
3.
An annual
amount sufficient to amortize the cost of the entire project at the
end of the period, which shall be not less than twenty (20) years
nor more than sixty (60) years from the date of completion of the
project.
[R.O. 2011 §45.230]
A.
The development plan may, upon approval of the Board, contain provisions that any surplus earnings in excess of the rate of net earnings provided under Section 515.220:
1.
May
be held by the corporation as a reserve for maintenance of such rate
of return in the future and may be used by the corporation to offset
any deficiency in such rate of return which may have occurred in prior
years; or
2.
May
be used to accelerate the amortization payments; or
3.
May
be used for the enlargement of the project; or
4.
May be used for reduction in rentals therein; provided that at the termination of the tax relief granted pursuant to Section 515.270, the Urban Redevelopment Corporation shall make an accounting of surplus earning and shall turn over to the City any excess of such surplus earnings not previously used as provided in Subsections (1), (2), (3), and (4) of this Section.
[R.O. 2011 §45.240]
A.
Any life insurance company operating under this Chapter shall be limited in its net earnings derived exclusively from the ownership and operation of any redevelopment project, constructed pursuant to a development plan, to an amount not to exceed eight percent (8%) per annum upon any sums actually invested in or devoted to such redevelopment project after setting aside the reserves required by Section 515.250 of this Chapter; provided however, that any surplus earnings in excess of such rate:
1.
May
be held by the corporation as a reserve for maintenance of such rate
of return in the future and may be used by the corporation to offset
any deficiency in such rate of return which may have occurred in prior
years; or
2.
May
be used to accelerate the amortization payments; or
3.
May
be used for the enlargement of the project; or
4.
May
be used for reduction in rentals therein.
[R.O. 2011 §45.250]
Every corporation operating under this Chapter shall establish
and maintain depreciation, obsolescence and other reserves, and surplus
and other accounts, including a reserve for the payment of taxes.
[R.O. 2011 §45.260]
A.
Acquisition Of Property. An urban redevelopment corporation
may acquire real property or secure options in its own name, or in
the name of nominees, and it may acquire real property by gift, grant,
lease, purchase or otherwise.
B.
Encumbrance Of Property. An urban redevelopment corporation
may borrow funds and secure the repayment thereof by mortgage or deed
of trust.
C.
Disposal Of Property. 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, deed of trust or other lien, or 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 Section 515.270 of this Chapter 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 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 may grant the partial tax relief provided in Section 515.270 of this Chapter. If such real property shall be used for a purpose different than that described in the development plan, or if the purchaser does not desire the property to continue under the development plan, or if the ordinance approving the plan does not provide for continuing tax relief and the Board of Aldermen shall 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 may be owned and operated free from any of the conditions, restrictions or provisions of this Chapter.
[R.O. 2011 §45.270]
A.
Full Exemption. 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 not in excess of ten
(10) years after the date upon which such corporation became 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 Andrew 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; and the amounts of such tax assessments shall not be
increased during such ten (10) year period so long as the real property
is owned by a corporation and used in accordance with a development
plan authorized by the Board.
B.
Property Already Exempt. In the event, however, that any such real property was tax exempt immediately prior to ownership by any such corporation, the County Assessor shall promptly asses 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 from the date upon which such corporation acquired ownership thereof and continuing thereafter for the period set pursuant to Subsection (A) of this Section, so long as such property is owned by such corporation and used in accordance with the development plan authorized and approved by the Board.
C.
Partial Exemption. For the next ensuing period not in excess
of fifteen (15) years, ad valorem taxes upon such real property shall
be measured by the assessed valuation thereof as determined by the
County Assessor 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 above fifty percent
(50%) of the true value of such real property from year to year during
the period of fifteen (15) years, so long as such real property is
owned by a corporation and used in accordance with an authorized development
plan.
D.
Full Assessment. After such periods, totaling not more
than twenty-five (25) years, such real property shall be subject to
assessment and payment of all ad valorem taxes based on the full true
value of the real property, and 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 at 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; and 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.
No tax
abatement or exemption authorized by this Section shall become effective
unless and until the Board:
1.
Furnishes
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 Subdivision (2) of this Subsection. The written
statement and notice required by this Subdivision shall be furnished
within ten (10) days before 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 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;
2.
Conducts
a public hearing regarding such tax abatement or exemption, at which
hearing all political subdivisions described in Subdivision (1) of
this Subsection shall have the right to be heard on such grant of
tax abatement or exemption;
3.
Enacts
an ordinance which provides for expiration of development rights,
including the right of tax abatement, in the event of failure of the
corporation to acquire ownership of property within the area of the
development within which such property must be acquired, and may allow
for acquisition of property under the plan in phases.
[R.O. 2011 §45.280]
A.
Proceedings. 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, or any contract
entered into pursuant thereto, reasonable delays caused by unforeseen
circumstances beyond their control alone excepted, or shall do, permit
to be done, or fail, or omit to do anything contrary to or required
of it by this Chapter, or shall be about so to do, permit to be done,
or fail or omit to have done, then any such fact shall immediately
be certified by the City Planning Commission to the Board of Aldermen
who may authorize the City Attorney to commence a proceeding in the
Circuit Court in the name of the City to have such action, failure
or omission or 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 corporation for breach of
any of the provisions of the development plan; provided that in the
event that the City Planning Commission determines that a corporation
has abandoned construction before completion of the project in accordance
with the terms of an approved development plan and the Board of Aldermen
accepts such determination, a declaration of abandonment shall be
filed with the Recorder's office in the appropriate County and the
real property thereafter included in the plan shall be subject that
date to assessment and payment of all ad valorem taxes based on the
true full value of such real property. However, any failure by the
City Planning Commission to consider or act upon any such matter,
or the omission of any such matter from any report of the City Planning
Commission to the Board shall not stop the City from later asserting
such non-compliance, breach or abandonment in any proceedings.
B.
Exception. If any person or corporation shall propose more
than one (1) plan and such plans are approved as provided in this
Chapter, the failure to comply with one (1) or more of such plans
within the time limits and in the manner for the completion of each
stage thereof as therein stated shall not give the City any right
of action with respect to the plans which have been fully complied
with within the time limits and in the manner for the completion of
each stage thereof as therein stated; and the real property included
in such plans which are in compliance with the development plan shall
be entitled to the tax relief provided for in this Chapter.
[R.O. 2011 §45.290]
A.
The City
may:
1.
Acquire
by the exercise of the power of eminent domain, or otherwise, an area
designated on any master plan of the City as a redevelopment area;
2.
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
such real property for use in accordance with the provisions of this
Chapter.
[R.O. 2011 §45.300]
The City or any person or corporation may accept grants or loans
of money from the government of the United States or any department
or agency thereof to effectuate the purposes of this Chapter.
