[Ord. No. 1757 §1, 8-27-2013]
This Article shall be known and may be cited and referred to
as "The Urban Redevelopment Ordinance" of the City of Platte City,
Missouri.
[Ord. No. 1757 §1, 8-27-2013]
It is hereby determined and declared by the Board of Aldermen
that certain portions of the City, by reason of age, obsolescence,
inadequate or outmoded design or physical deterioration, have become
economic and social liabilities, and that such conditions are conducive
to ill health, transmission of disease, crime or inability to pay
reasonable taxes and are therefore blighted, blighted area(s) and/or
are eligible for development or redevelopment pursuant to the Missouri
Urban Redevelopment Corporations Law. Such areas may also be obsolete,
decadent, substandard, insanitary or blighted areas occasioned by
inadequate planning, excessive land coverage, lack of proper light,
air or open space, defective design or arrangement of buildings, lack
of proper sanitary facilities, or the existence of buildings which,
by reason of age, obsolescence, inadequate or outmoded design, or
physical deterioration, have impaired the economic value of large
areas, infecting them with blight, and that such areas are characterized
by depreciated values, impaired investments, reduced or negligible
income and consequent tax delinquencies; that such conditions exist
in areas where obsolete, decadent, substandard, insanitary, outworn
or outmoded industrial, commercial or residential buildings prevail,
and the same are conducive to ill health, transmission of disease,
infant mortality, juvenile delinquency and crime; that such conditions
occur chiefly in areas which are subdivided into parcels with multiple
undeterminable ownership and frequently with confusion as to title;
that their assembly for purposes of clearance, planning, habilitation,
construction and development or redevelopment is difficult and costly;
that the existence of such conditions and the failure to clear, replan,
rehabilitate, construct, reconstruct, develop or redevelop these areas
results in progressive deterioration, in a loss of population by the
areas, causes a wasteful expenditure of public funds for policing,
and occasions large outlays for the creation of public facilities
and services elsewhere; that it is impossible and 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 any indebtedness created thereby; that such conditions further
require the acquisition of adequate areas, at fair prices, the clearance
of such areas through demolition of existing obsolete, decadent, inadequate,
unsafe or insanitary conditions and/or buildings and the development
or redevelopment of such areas under proper supervision with appropriate
planning as to land use and construction policies; that the clearance,
planning, rehabilitation, construction, reconstruction, development
and/or redevelopment of such areas on a large-scale basis are necessary
for the public welfare 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.
[Ord. No. 1757 §1, 8-27-2013]
The provisions of the Urban Redevelopment Corporations Law,
found at Chapter 353, RSMo., are hereby accepted and shall apply to
all persons and corporations operating under this Article, insofar
as the same may be applicable thereto.
[Ord. No. 1757 §1, 8-27-2013]
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 Board of Aldermen has
found or shall find to be a blighted area, so that the clearance,
replanning, rehabilitation, or reconstruction thereof is necessary
to effectuate the purposes of this Article. Any such area may include
buildings or improvements not in themselves blighted, and any real
property, whether improved or unimproved, the inclusion of which is
deemed necessary for the effective clearance, replanning, reconstruction
or rehabilitation of the area of which such buildings, improvements
or real property form a part.
Those portions of the City which the Board of Aldermen shall
determine, that by reason of age, obsolescence, inadequate or outmoded
design or physical deterioration, have become economic and social
liabilities, and that such conditions are conducive to ill health,
transmission of disease, crime or inability to pay reasonable taxes.
The City of Platte City, Missouri.
The Planning Commission of the City.
The taking of possession of land, clearance of the development
area, erection or making of improvements and all other related matter
to effectuate and improve development plans causing the physical rehabilitation,
construction, reconstruction, development and redevelopment of the
development area.
An urban redevelopment corporation organized under and pursuant
to the provisions of the Urban Redevelopment Corporations Law, which
shall be authorized by the Urban Redevelopment Corporations Law to
undertake a redevelopment project. The articles of agreement or association
of corporations referred to herein shall be prepared in accordance
with the provisions of Section 353.030 RSMo.
The amount determined by the Commission to be the actual
cost of development or 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 development, including
preliminary studies and surveys, neighborhood planning, and architectural
and engineering services, the reasonable value of the services performed
in connection with the development plan, interest during construction,
the actual cost of the real property or any part thereof where acquired
partly or wholly in exchange for securities, the actual cost of demolition
of existing structures, the actual cost of utilities, landscaping
and roadways, the actual cost of construction, equipment and furnishing
of buildings and improvements, including architectural, engineering
and builder's fees, the actual cost of construction, reconstruction,
rehabilitation, development, redevelopment, remodeling, or initial
repair of existing buildings and improvements, reasonable management
and operation costs until the development or 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 development in accordance with the original development plan or
after approved changes therein or amendments thereto.
The area designated in the development plan.
A plan, together with any amendments thereto, for the development
or redevelopment of all or any part of a blighted area.
A mortgage, trust indenture, deed of trust, building and
loan contract, or other instrument creating a lien on real property,
to secure the payment of an indebtedness, and the indebtedness secured
by any of them.
Any individual, firm, partnership, joint venture, association,
corporation (except an urban redevelopment corporation organized pursuant
to the provisions of the Urban Redevelopment Corporations Law, undertaking
a redevelopment project under this Article), 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.
Each political subdivision whose boundaries for ad valorem
taxation purposes include any portion of the real property to be affected
by the tax relief proposed pursuant to the development plan.
Lands, buildings, improvements, land under water, waterfront
property, and any and all easements, franchises and hereditaments,
corporeal or incorporeal, and every estate, interest, privilege, easement,
franchise and right therein, or appurtenant thereto, legal or equitable,
including restrictions of record, created by plat, covenant, or otherwise,
rights-of-way, and terms for years.
The clearance, replanning, construction, reconstruction or
rehabilitation of any blighted area, and the provision for such industrial,
commercial, residential or public structures and spaces as may be
appropriate, including recreational and other facilities incident
or appurtenant thereto.
A specific work or improvement to effectuate all or any part
of a development plan.
Chapter 353 of the Revised Statutes of Missouri, and any
amendments thereto.
[Ord. No. 1757 §1, 8-27-2013]
A.
Any person or corporation proposing to file a development plan for
approval by the Commission and the Board of Aldermen must first submit
the proposed plan and supporting information to the City Administrator
for a written determination by the City Administrator that the submission
contains all of the information and material required herein, and
that the submission has been made by a duly formed corporation under
the Urban Redevelopment Corporations Law. No development plan shall
be accepted for filing until such determination has been made by the
City Administrator.
B.
Any person or corporation desiring approval of a development plan
shall file an application for such approval with the City Administrator,
but such plan shall not be acted upon by the Board of Aldermen until
after a public hearing thereon has been held by the Commission and
a report on such plan submitted by the Commission to the Board of
Aldermen.
C.
The City Administrator, upon receipt of an application for approval
of a development plan, shall forthwith, in writing, notify the Board
of Aldermen thereof; and, further, shall notify said Board of Aldermen
of any amendment to said application.
D.
The Board of Aldermen shall take appropriate action, affirmative,
negative, or other, upon said application within six (6) months after
said application is filed with the City Administrator. Actions to
be taken by the Commission under this Article shall be taken in sufficient
time to ensure the Board of Aldermen can act within such six-month
period.
[Ord. No. 1757 §1, 8-27-2013]
Nothing contained in this Article shall be construed as prohibiting the Board of Aldermen from passing an ordinance making a declaration of blight prior to the submission of a development plan or prior to any application for approval of a development plan. A declaration of blight may also be made at the time of the approval of a development plan; provided, however, upon introduction of such a proposed ordinance declaring an area to be a blighted area in the City of Platte City, such proposed ordinance shall be referred by the City Clerk to the Commission for study and recommendation. The Commission shall transmit its recommendations to the Board of Aldermen within sixty (60) days after receipt of the proposed ordinance. Any recommendation to declare an area to be a blighted area shall contain a determination that the area is a blighted area as defined by Section 135.165 of this Article and that development and/or redevelopment of the area under Urban Redevelopment Corporations Law and this Article is necessary and in the public interest. No referral of such a proposed ordinance to the Commission is necessary in the event that said proposed ordinance is accompanied initially by a recommendation containing the above determination from the Commission. Prior to making its recommendations, the Commission shall hold a public hearing on such proposed ordinance. At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official newspaper of general circulation within the City. The Commission will thereupon conduct a public hearing on the necessity for declaring an area to be a blighted area in accordance with the Urban Redevelopment Corporations Law, this Article, and its rules and bylaws. In the enactment of any such ordinance declaring an area to be a blighted area prior to the submission of a development plan or prior to any application for approval of a development plan, the Board of Aldermen shall find that the area is in fact a blighted area, as "blighted area" is defined herein, and shall find development or redevelopment of the area is necessary and in the public interest under the Urban Redevelopment Corporations Law and under this Article.
[Ord. No. 1757 §1, 8-27-2013]
A.
Any application for approval of a development plan must be supported
by factual evidence that the proposed development area is a blighted
area. The evidence must:
B.
The 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.
[Ord. No. 1757 §1, 8-27-2013]
A.
A development plan must be accompanied by certification that written
notice has been given of the filing of the development plan with the
City Administrator by depositing such notice in the United States
mail, postage prepaid, addressed to such person or persons in whose
name the general taxes were paid and at such address of such person
or persons shown on the County tax rolls for the last preceding calendar
year on each lot, block, tract, or parcel of land lying within the
development area which is to be subject to the development plan and
to each political subdivision affected by the development plan. A
development plan must also be accompanied by a certification that
notification by mail will be given in the same manner to such person
or persons and political subdivisions of the time and place of any
hearings before the Commission on such development plan. The notice
to each political subdivision of the time and place of the first hearing
shall include, but need not be limited to, a written statement of
impact on ad valorem taxes which the tax relief proposed by the development
plan will have on such political subdivision and an estimate of the
amount of ad valorem tax revenues of each political subdivision based
on the estimated assessed valuation of real property involved as such
real property would exist before and after it is redeveloped.
B.
The City Administrator shall promptly refer each development plan
to the Commission. The 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 a newspaper
of general circulation within the City not less than fifteen (15)
days before the date of the hearing. All interested parties may be
heard at such hearing. In the event more than one development plan
is filed with the City Administrator containing all or any part of
the same area in the proposed development areas, there shall be a
public hearing on each development plan. After each such hearing,
the Commission may make such other investigations as it deems proper,
and thereafter submit a report on any such development plans to the
Board of Aldermen. Notwithstanding the preceding sentence, no other
development plan, however, which proposes the acquisition of all or
any part of the real property in the development area described in
any development plan then on file with the City Administrator, shall
be considered by the Board of Aldermen or the Commission, unless such
development plan shall also be filed with the City Administrator within
not more than twenty (20) days next following the date of the first
hearing upon any previously filed development plan.
[Ord. No. 1757 §1, 8-27-2013]
A.
A development plan shall contain:
1.
A legal description of the development area by metes and bounds
or other definite designation.
2.
A statement of the various redevelopment project(s), if more
than one is intended, by which the development plan is proposed to
be undertaken, and the approximate time limit for the completion of
each redevelopment project, together with a legal description of the
real property to be included in the project area of each such redevelopment
project. This statement shall also show a time schedule for each redevelopment
project clearly setting forth reasonable times for start and completion
of:
3.
A statement of the existing buildings or improvements in the
development area to be demolished immediately, if any.
4.
A statement of existing buildings or improvements in the development
area not to be demolished immediately, if any, and the approximate
period of time during which the demolition, if any, of each such building
or improvement is to take place.
5.
A statement of the proposed improvements, if any, to each building
in the development area not to be demolished immediately, including
any proposed repairs or alterations to such buildings, and the approximate
period of time during which such improvements, repairs or alterations
are to be made.
6.
A statement of the type, number and character of each new industrial,
commercial, residential or other building or improvement to be erected
or made in the development area.
7.
A statement of those portions, if any, of the development area
which may be permitted or will be required to be left as open space,
the use to which each such open space is to be put, the period of
time each such open space will be required to remain an open space
and the manner in which it will be improved and maintained, if at
all.
8.
A statement of those portions, if any, of the development area
which are proposed to be sold, donated, exchanged or leased to the
Board of Education, Public Library Board, Art Commission or other
public agency, and an outline of the terms of such proposed sale,
donation, exchange or lease.
9.
A statement of the proposed changes, if any, in zoning ordinances
or maps, necessary or desirable for the development area, and its
protection against blighted influences.
10.
A statement of the proposed changes, if any, in streets or street
levels, any proposed street closings, and any changes which would
have to be made to streets adjoining or near the development area.
11.
A statement of the character of the existing dwelling accommodations,
if any, in the development area, the approximate number of families
residing therein, together with a schedule of the rentals being paid
by them, and a schedule of the vacancies in such accommodations, if
any, together with the rentals demanded therefor.
12.
A statement of the housing accommodations available in the development
area or in other locations in the City for those persons who will
be displaced by a redevelopment project. The development plan shall
set forth a feasible plan for the relocation of all residences and
businesses displaced. The relocation plan shall meet the requirements
set forth in Section 523.205, RSMo.
13.
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.
14.
A statement of any projects or relocations outside of the development
area which would be initiated due to the development plan.
15.
A detailed statement of the proposed method of financing the
redevelopment; including evidence satisfactory to the Board of Aldermen
that sufficient funds or securities are immediately available or will
be available as needed to complete the development or redevelopment
and will remain available until the particular development or redevelopment
is started, and evidence satisfactory to the Board of Aldermen that
the amount necessary to acquire and clear the land involved is or
will be available from such equity and/or other funds.
16.
A statement of the persons who it is proposed will be active
in or associated with the management of the redevelopment during a
period of at least one (1) year from the date of the approval of the
development plan.
17.
Appropriate control shall be provided over the right of assignment
of a development plan to any other person in order that the Board
of Aldermen will be assured that the intention and purpose of the
development plan will, in fact, be carried out.
18.
A certificate from the Secretary of State that such corporation
submitting the development plan is a lawfully organized and existing
Missouri Urban Redevelopment Corporation under and pursuant to the
Urban Redevelopment Corporations Law.
19.
A statement listing real property, if any, in the development
area which is in public use or is owned by the City, County, State
or any political subdivision thereof, together with the consent of
such authority to the acquisition of such property.
20.
A statement that the corporation and its assigns and successors
acknowledge the language, intent and purpose regarding fair employment
practices contained in State, Federal and local legislation apply
to the development plan, that it will be bound thereby and will comply
with the terms and spirit of said legislation.
21.
A statement that the corporation and its assigns and successors
will, at all times, make all facilities which it owns in the developed
area available to the general public without regard to race, religion,
color, sex, national origin or handicap.
22.
A statement that all properties to be acquired by the corporation
in the development area will be held in the name of the corporation
or its nominee and disposed by the corporation or its nominee in accordance
with the development plan.
23.
A statement that a performance bond or other securities will
be provided by the corporation to the City should the Board of Aldermen
require said performance bond. The amount of any such bond or other
security shall be sufficient to cover land acquisition, clearance,
and site preparation in conformance with the approved development
plan.
24.
A statement indicating tax agreements entered into by the corporation
shall be included in the development plan.
25.
A detailed statement reflecting the assets and liabilities of
the corporation sufficient to illustrate the fiscal responsibility
of the corporation.
26.
A site plan or plans showing the proposed land use, traffic
circulation and other features of the redevelopment project(s) in
as much detail and at such scale as the Board of Aldermen or Commission
may deem appropriate. Said features may include, but shall not be
limited to, any or all of the following elements: existing and proposed
streets, drives, curb cuts, walkways, and parking areas; public ways,
public property, easements, and public or private drainageways; landscaping,
topography, and proposed grading; proposed location and arrangements
of buildings, yards, and setbacks; appearance; height of buildings;
and such other information as is required to promote the health, safety,
morals, or the general welfare of the City.
27.
A statement which identifies the real property in the development
area to be acquired by the corporation and what if any portion or
all of such real property is anticipated to be acquired by eminent
domain pursuant to law, and the reasons why acquisition by eminent
domain is proposed.
28.
A statement identifying the real property, if any, in the development
area proposed to be acquired by eminent domain by the City on behalf
of the corporation and the reasons why the aid of the City is sought
for that purpose.
29.
The development plan, and any application to the Commission
for approval thereof, may also contain such other statements or exhibits
as may be deemed relevant by the Commission or by the applicant thereof.
[Ord. No. 1757 §1, 8-27-2013]
In the course of considering any development plan for approval,
the Commission and the Board of Aldermen shall give particular recognition
to any agreement, in writing, entered or proposed to be entered into
by the corporation presenting such plan that said corporation will
make payments in lieu of real property taxes to the appropriate political
subdivision. The Commission and the Board of Aldermen may also give
consideration to the amount of tax abatement necessary to permit the
redevelopment to be accomplished at a net cost in appropriate relation
to the fair market value of the land in the development area.
[Ord. No. 1757 §1, 8-27-2013]
A.
A development plan shall not be approved by the Planning Commission
until and unless the Commission shall determine:
1.
That the development area is a blighted area, and that redevelopment in accordance with the development plan is necessary or advisable to effectuate the public purposes declared in Section 135.155 of this Article.
2.
That the development plan is in accord with the Comprehensive
Plan of the City as currently approved or as proposed to be amended
as a part of the proposed development plan.
3.
That the development area is of sufficient size to allow its
redevelopment in an efficient and economically satisfactory manner.
4.
That the various redevelopment projects, if more than one (1),
by which the development or redevelopment is proposed to be constructed
or undertaken, as stated in the development plan, are practicable,
economically satisfactory and in the public interest.
5.
That housing accommodations are or will soon be elsewhere available
for all persons, including racial groups, who will be displaced by
the redevelopment project(s), and that no undue hardship to such persons
will be caused thereby.
6.
That public facilities, including, but not limited to, school,
fire, water, sewer, police, transportation, park, playground and recreation,
are presently adequate, or will be adequate at the time that the redevelopment
is ready for use, to service the area.
7.
That the proposed changes, if any, in zoning ordinances or maps
and in streets and street levels, or any proposed street closings,
are necessary or desirable for the redevelopment and its protection
against blighting influences, and for the City as a whole.
8.
Whether the development plan will be in accord with the overall
redevelopment of the development area.
9.
In the event the corporation seeks to acquire all or any part
of the real property in the development area by eminent domain, that
such acquisition by eminent domain is for the public convenience and
necessity.
[Ord. No. 1757 §1, 8-27-2013]
Any determination by the Commission as described in 135.200 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 Section 135.200 and relevant to the type of development or redevelopment which is physically desirable for the development area concerned from a City planning viewpoint. After fully considering each development plan, the Commission shall forthwith transmit its report thereon to the Board of Aldermen.
[Ord. No. 1757 §1, 8-27-2013]
The 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 and until an application has been filed with the Commission by the proponents thereof containing those portions of the statements and information required by Section 135.190, relevant to the proposed amendment, and unless and until the Commission shall make the determinations required by Section 135.200 relevant to the proposed amendment. As used in this Section, "amendment" shall mean changes to a development plan which has been previously approved by the Board of Aldermen.
[Ord. No. 1757 §1, 8-27-2013]
A.
It shall be the duty of the Commission, after a development plan
has been approved by the Board of Aldermen, to investigate and determine
from time to time during acquisition, demolition and construction
of the redevelopment project(s) whether the corporation undertaking
such development plan is fully complying with the provisions thereof,
in the manner and in the times fixed therein for the performance of
the various stages thereof.
B.
It shall also be the duty of the Commission to make reports from
time to time during the construction of the redevelopment project(s),
and at least every six (6) months, to the Board of Aldermen regarding
each redevelopment project and the performance or compliance with
the respective development plans, and also as to compliance with the
provisions of this Article by any corporation operating thereunder.
C.
The Board of Aldermen may, upon the recommendation of the Commission
and for good cause shown, grant to a corporation operating under an
approved development plan an extension of time in which to complete
the redevelopment project(s), or any step or portion thereof; provided,
however, that said extension shall not exceed the expiration date
of this Article.
D.
When a corporation operating under an approved development plan shall have completed a redevelopment project in accordance with the provisions of the development plan, in the manner and at the time fixed therein for the performance of the various stages thereof, the Commission, upon the written request of such corporation, shall conduct an investigation, and if the Commission determines that such redevelopment project has been so completed, it shall recommend to the Board of Aldermen that a certificate of full compliance be issued to such corporation, and that an ordinance be passed to certify compliance of such redevelopment project, which shall be conclusive evidence of such compliance, except upon proof of fraud. The investigations and reports of the Commission required by Subsections A and B of this Section shall not be required or made subsequent to the date of issuance of such certificate; provided, however, that every such corporation continuing to own property in the development area or receiving revenues from any person or persons owning any interest in any property in the development area or operating a business in the development area shall render annually to the City Administrator, during the existence of the tax relief period and the financial statement required hereunder.
E.
The Commission shall also have power to make and adopt such rules
and regulations necessary and proper to effectuate the purposes of
this Article.
F.
All corporations shall obtain all necessary permits as prescribed
by law. Said corporations shall duly apply for all proposed changes
in zoning ordinances, maps or streets. Said corporations shall perform
such other necessary acts as required by this Article, the ordinance
approving the development plan, or such other ordinances of the City
of Platte City, Missouri.
[Ord. No. 1757 §1, 8-27-2013]
A.
The report of the Commission upon each development plan and/or amendments
thereto shall be filed with the City Clerk. The City Clerk shall submit
such report and plan to the Board of Aldermen at the next available
regular meeting for which notice of a public hearing has been given
by publication at least once in a newspaper of general circulation
within the City not less than fifteen (15) days before the date of
said public hearing. Said hearing shall be a hearing for the presentation
of any relative evidence. The Planning Commission will submit its
findings to the Board of Aldermen.
B.
The Board shall:
1.
Furnish each political subdivision whose boundaries for ad valorem taxation purposes include any portion of the real property to be affected by such tax abatement or exemption with a written statement of the impact on ad valorem taxes such tax abatement or exemption will have on such political subdivisions and written notice of the hearing to be held in accordance with Subsection (B)(2) of this Subsection (B). The written statement and notice required by this Subsection shall be mailed, certified mail, return receipt requested, and posted no less that fifteen (15) days prior to the public hearing on the development plan before the Board of Aldermen. Such written statement and notice 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 developed and redeveloped;
2.
Conduct a public hearing on the development plan and development
project;
3.
Board decision.
a.
Unconditionally approve the development plan and may, if it
deems desirable, authorize the City Administrator on behalf of the
City to enter into a contract with the applicant thereof, such contract
to contain the provisions as embodied in the development plan, the
approving ordinance, a provision that the applicable provisions of
this Article 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 proposer or proposers of the plan; 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; provided, further, that the form of said contract
shall be approved by the City Administrator of the City; or
b.
Approve the development plan subject to such conditions, exceptions,
or restrictions as the Board of Aldermen may deem to be in the public
interest; or
c.
Disapprove the development plan; or
d.
Refer such development plan to the Commission with recommendations as to changes or revisions to be made therein. In the event a development plan is referred by the Board of Aldermen back to the Commission, the Commission shall consider the Board of Aldermen's recommendations as to changes or revisions to be made to the development plan and shall make the determinations as required hereby relevant to the proposed changes or revisions and submit a report of its determinations to the Board of Aldermen. Upon receipt of such report the Board of Aldermen shall take one of the actions set forth in Subsections A, B and C of Section 135.225.
[Ord. No. 1757 §1, 8-27-2013]
A.
Any ordinance approving a development plan, shall contain:
1.
A finding that the development area proposed for the development
plan is a blighted area, and that the clearance, development, redevelopment,
replanning, rehabilitation, construction or reconstruction thereof
is necessary for the public convenience and necessity.
2.
In the event the corporation seeks to have the City acquire
all or any part of the real property in the development area by eminent
domain, a finding that such acquisition by eminent domain is for the
public convenience and necessity.
3.
A provision that approval of the development plan and construction
of the redevelopment project is necessary for the preservation of
the public peace, property, health, safety, morals and welfare and
is in the public interest under the Urban Redevelopment Corporations
Law and under this Article.
4.
A provision limiting the use of the development area included
in the development plan to that use described in the approved development
plan for a period not less than the period of the tax relief given
under the development plan.
5.
A finding that the development plan contains an acceptable relocation
plan which meets the requirements of Section 523.205, RSMo.
6.
A provision that the corporation and its assigns and successors
will, at all times, make all facilities in the developed area available
to the general public without regard to race, religion, color or national
origin.
7.
A provision which provides for the expiration of the development
rights of the corporation, including the rights of eminent domain
and tax relief in the event the corporation or its nominee fails to
acquire ownership of the real property within the development area
which is designated to be acquired by the corporation or its nominee
within the time set forth in the development plan as may be extended
by ordinance of the Board of Aldermen.
8.
Such other matters which are required by this Article or deemed
necessary and in the public interest.
