[Ord. No. 2950-23, 5-2-2023]
Applicants seeking approval of a development plan providing
for ad valorem real property tax abatement available under Chapter
353, RSMo., shall submit the development plan and an application form,
in a form acceptable to the City Administrator, to the City. Prior
to consideration of any development plan by the Board, an applicant
shall enter into a funding agreement with the City and submit an initial
deposit of twenty thousand dollars ($20,000.00) which the City will
use to fund the City's out-of-pocket costs associated with the
consideration of the development plan and the application, including,
without limitation, costs associated with any legal, financial or
planning consultants retained by the City. In the event the initial
twenty thousand dollar ($20,000.00) deposit is not entirely used,
the unused balance shall be refunded. In the event the costs are greater
than the twenty thousand dollar ($20,000.00) deposit, the applicant
may be required to make an additional deposit toward anticipated costs
and/or pay the additional amounts expended.
[Ord. No. 2950-23, 5-2-2023]
A. All development plans seeking tax abatement under Chapter 353, RSMo.,
shall include the following information:
1.
Legal Description. A legal description of the redevelopment
area by metes and bounds or other definite designation.
2.
Design Plan. A general description and preliminary design plan
of the proposed redevelopment project and plans or narrative showing
or describing general location of structures, general height, size
and scale of structures, proposed land use, materials, general landscaping
and traffic circulation.
3.
Stages Of Project. A statement of the various stages, if more
than one (1) is intended, by which the redevelopment project is proposed
to be constructed or undertaken, and the approximate time limit for
the commencement and completion of each stage, together with a legal
description of the real property to be included in each stage.
4.
Property To Be Demolished. A statement of the existing buildings
or improvements in the redevelopment area to be demolished, if any,
and an estimate of the time of such demolition.
5.
Building Rehabilitation. A statement of existing buildings to
remain, if any, the proposed improvements to each such building to
remain and the approximate period of time during which improvements,
repairs or alterations are to be made.
6.
New Construction. A statement of the general type, size, number,
character and materials of each new industrial, commercial, residential
or other building or improvement to be erected or made and the estimate
of the timing of such construction.
7.
Open Space. A statement of those portions, if any, of the redevelopment
area which may be permitted or will be required to be left as open
space, the use to which each such open space is to be put, the period
of time each such open space will be required to remain an open space,
and the manner in which it will be improved and maintained, if at
all.
8.
Property For Public Agencies. Statement of those portions, if
any, of the redevelopment area which are proposed to be sold, donated,
exchanged or leased to any public agency or political subdivision
of the Federal, State or local government, and an outline of the terms
of such proposed sale, donation, exchange or lease.
9.
Zoning Changes. A statement of the proposed changes, if any,
in zoning ordinance or maps, necessary or desirable for the redevelopment
project and its protection against blighting influences.
10.
Street Changes. A statement of the proposed changes in streets
or street levels and proposed street closing within, adjacent to or
in the proximity of the redevelopment area, if any.
11.
Utility Changes. A statement of the changes, if any, which will
be required in utility source to accommodate the redevelopment project
and changes, if any, in utility lines, easements or location.
12.
Tax Abatement. A statement of the tax abatement to the redevelopment
project, if any, and any payments in lieu of taxes, together with
the conditions upon which tax abatement, if any, will pass to or insure
to the benefit of a subsequent owner of the redevelopment project
or be lost.
13.
Acquisition Plan. A statement giving the legal description of
the real property owned by or under option or contract of purchase,
if any, by the applicant and the time schedule for acquisition.
14.
Eminent Domain By City. A statement giving the legal description
of the real property, if any, to be acquired by the City in furtherance
of the development plan and the terms and conditions for such acquisition.
15.
Financing. A detailed statement of the proposed method of financing
the redevelopment project which shall set forth the estimated development
cost of the project and the proposed sources of funds, debt and equity
to meet such estimated costs. The detailed statement shall include
evidence satisfactory to the City that sufficient funds or securities
to acquire and clear the land involved are available from such equity
and/or other funds, and that there are sufficient assurances that
the redevelopment project will be further financed to completion.
Such evidence shall include any commitments for leases or purchases,
but in any event shall include evidence of marketability of the redevelopment
project.
16.
Management. A list of the persons who it is proposed will be
active in or associated with the management of the redevelopment project
during a period of at least one (1) year from the date of approval
of the development plan and a list of the officers, directors and
principal stockholders of the applicant.
17.
Public Property. A statement listing any real property in the
redevelopment area in public use or belonging to the City, County,
State or any political subdivision thereof together with a statement
that the consent of such entity, other than City, has been obtained
to the acquisition of such property if such property is to be acquired.
18.
List Of All Political Subdivisions Affected By The Tax Abatement.
The development plan shall contain a complete list of all political
subdivisions affected by the tax abatement, including the name of
the chief operating officer or highest elected official of such district,
the district's mailing address and contact information and a
written statement of the impact on ad valorem taxes any tax abatement
will have on such political subdivisions.
19.
Applicant's Background And Identity. The development plan shall
clearly identify the legal status of the applicant, the key officers
and owners thereof and provide clear and accurate information on the
applicant's background and development experience and financial
ability to successfully complete the project. Applicant shall disclose
any threatened or pending litigation or unresolved claims; the nature
of which would need to be disclosed if the applicant were applying
for or participating in a transaction using public debt financing
or which might be considered a regulated securities transaction.
20.
Other Information. Before submission of an ordinance to approve
the development plan to the Board of Aldermen, the applicant shall
include such other statements, information or exhibits as requested
by the City Administrator. After submission of the ordinance to approve
the development plan to the Board of Aldermen the applicant shall
include such other statements, information or exhibits as requested
by the Board of Aldermen or the City Administrator.
[Ord. No. 2950-23, 5-2-2023]
Upon receipt of a development plan and application, the City Administrator will review the development plan and application for completeness. If the development plan and application are determined to be incomplete, the City Administrator will notify the applicant of any additional information needed to complete the development plan and application. Once the City Administrator determines that a development plan and application is complete, the City Administrator shall forward the complete development plan and application to the Board of Aldermen for preliminary review. If the Board of Aldermen wishes to further consider the development plan, the Board of Aldermen shall schedule a public hearing regarding the development plan and grants of tax abatement contemplated therein. The City shall provide notice of such public hearing in the manner required by Section
160.040 below.
[Ord. No. 2950-23, 5-2-2023]
A. Notices of any public hearing scheduled by the Board of Aldermen pursuant to Section
160.030 shall be given in the following manner:
1. Independently Owned Property. If the development plan relates to
property not currently owned by the applicant, notice of the public
hearing shall be given by hand delivery, certified mail or nationally
recognized overnight courier service to the owner or owners of property
within the redevelopment area described in the development plan at
least forty-five (45) days prior to the public hearing.
2. Publication. Notice of the public hearing shall be published in a
newspaper of general circulation serving the City at least fifteen
(15) days prior to the public hearing.
3. Notice To Affected Taxing Districts. Notice of the public hearing,
together with a written statement of the impact on ad valorem real
property taxes that the tax abatement described in the development
plan will have on political subdivisions affected by the tax abatement,
shall be given by hand delivery, certified mail or nationally recognized
overnight courier service, to the political subdivisions affected
by the tax abatement at least forty-five (45) days prior to the public
hearing.
4. First Reading. The public hearing for any development plan considered
by the Board of Aldermen under this Section shall be held before the
first reading of the ordinance considering a development plan.
[Ord. No. 2950-23, 5-2-2023]
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 Chapter, insofar
as such provisions may be applicable thereto.