[Ord. No. 5991 §1, 9-11-2007]
When used in this Article, the following words shall have the
meaning indicated herein:
ACT
The Real Property Tax Increment Allocation Redevelopment
Act, Sections 99.800 thru 99.865, RSMo., as amended.
CITY
The Mayor and Board of Aldermen of the City of Clayton, Missouri,
acting in their official capacity.
REDEVELOPMENT AREA
An area designated by the City in respect to which the City,
after consideration and recommendation of its TIF Commission, has
made a finding that there exist conditions which caused the area to
be classified as a blighted area, a conservation area, or an economic
development area or a combination thereof.
REDEVELOPMENT PLAN
The comprehensive plan for redevelopment of a redevelopment
area by the payment of redevelopment costs to reduce or eliminate
those conditions, the existence of which qualified the redevelopment
area as a blighted area, a conservation area, an economic development
area or a combination thereof, and thereby enhance the tax base of
the taxing districts which extend into the redevelopment area. Each
redevelopment plan adopted shall conform to the requirements of Section
99.810 of the Act.
REDEVELOPMENT PROJECT
Any redevelopment project within a designated redevelopment
area in furtherance of the objectives of the redevelopment plan.
TIF COMMISSION
The Tax Increment Financing Commission of the City of Clayton, Missouri, as authorized pursuant to Section 99.820 of the Act and established by Section
145.020 herein.
[Ord. No. 5991 §2, 9-11-2007]
There is hereby established a Commission to be known as the
"Tax Increment Financing Commission of the City of Clayton, Missouri."
All members of the TIF Commission shall serve without compensation.
[Ord. No. 5991 §3, 9-11-2007]
The TIF Commission shall serve as an advisory body to the City
as it relates to the consideration of tax increment financing proposals
submitted by interested parties or initiated by any public agency
in accordance with the Act. The TIF Commission shall hold public hearings
and give notice pursuant to Sections 99.825 and 99.830 of the Act
on proposed redevelopment plans, redevelopment projects and designation
of redevelopment areas and amendments thereto. The TIF Commission
shall vote on all proposed redevelopment plans, redevelopment projects
and designations of redevelopment areas and amendments thereto, within
thirty (30) days following completion of a hearing on any such plan,
project, designation or amendment and shall make recommendations to
the City within ninety (90) days of a hearing referred to in Section
99.825 of the Act concerning adoption of or amendment to redevelopment
plans, redevelopment projects and/or designation of redevelopment
areas.
[Ord. No. 5991 §4, 9-11-2007]
The TIF Commission shall elect from among its number a Chairman,
Vice-Chairman and Secretary. Meetings of the TIF Commission shall
be open to the public to the extent provided by law and a record of
each meeting shall be kept. The TIF Commission shall have the authority
to establish rules and procedures not in conflict with City ordinances
or policies or the Act and shall meet as required to fulfill its obligations
set forth in the Act.
[Ord. No. 5991 §5, 9-11-2007]
Membership on the TIF Commission shall consist of two (2) classes
of members: City appointees and other appointees. The TIF Commission
shall be composed of twelve (12) persons of whom six (6) shall be
City appointees and six (6) shall be other appointees. Regardless
of class, each member of the TIF Commission shall have one (1) vote
on all matters properly before it and shall participate in all deliberations
of the TIF Commission without differentiation.
[Ord. No. 5991 §6, 9-11-2007]
A. The City
appointees shall be appointed by the Mayor with the consent and approval
of the Board of Aldermen. Any vacancies shall be filled for the unexpired
terms in the same manner as were the original appointments.
B. Terms
of office for City appointees shall be for a term of four (4) years,
except two (2) of the initial appointments shall be for term of two
(2) years and two (2) of the initial appointments shall be for a term
of three (3) years from the date of initial appointment.
[Ord. No. 5991 §7, 9-11-2007]
A. Other
appointees shall be appointed in accordance with the Act when a redevelopment
area, redevelopment plan or redevelopment project is proposed to be
established or amended or at such earlier date as the City shall invite
other affected taxing jurisdictions to do so. Three (3) of the other
appointees shall be appointed by the County Executive with the consent
of a majority of the County Council in accord with Section 99.820.2(6)
of the Act, as amended. Two (2) of the other appointees shall be appointed
by the Board of Education of the School District(s) whose district(s)
is (are) included within the Redevelopment Plan or Redevelopment Area
in accord with Section 99.820.2(1) of the Act, as amended; such members
shall be appointed in any manner agreed upon by such school districts.
One (1) other appointee shall be appointed in accord with Section
99.820.2(2) of the Act, as amended, in any manner agreed to by the
other affected taxing jurisdictions levying ad valorem taxes within
the contemplated redevelopment area included in a redevelopment plan.
The City shall not be considered a taxing jurisdiction for purposes
of appointment of this other appointee.
B. The term
of office of the other appointees shall consist of the period of time
from the time that the affected school district(s) and other affected
taxing jurisdictions are notified in writing of a proposed redevelopment
plan or designation of a redevelopment area until final approval or
disapproval of the redevelopment plan, redevelopment project or designation
of a redevelopment area by the City in response to an initiating proposal.
C. In the
event the appropriate appointing authority, affected School District(s),
or other affected taxing jurisdictions shall fail to appoint other
appointees within thirty (30) days of receipt of written notice of
a proposed redevelopment plan, redevelopment project, designation
of a redevelopment area or amendment thereto, the remaining City appointees
and other appointees may proceed to exercise the power of the TIF
Commission as it relates to proposals then before it.
[Ord. No. 5991 §8, 9-11-2007]
A. The City
hereby adopts the following procedures for bids and proposals for
the implementation of redevelopment projects:
1. The
City or the TIF Commission shall solicit proposals with respect to
the implementation of each proposed redevelopment project.
2. Each
request for proposals, or notice thereof, shall be published in a
newspaper of general circulation in the City and shall be mailed to
those persons or firms that the City Manager or the City's planning
consultant determines might be interested in submitting a bid. Each
request for proposals shall provide at least thirty (30) days for
the submission of a proposal.
3. Criteria
for the selection of proposals will include the impact of the proposed
project on the City and other taxing jurisdictions, including the
projected term for which tax increment financing will be utilized.
The City or the TIF Commission may establish such additional criteria
as it deems appropriate for the selection of bids and proposals. The
City or the TIF Commission shall provide reasonable opportunity for
any person to submit alternative proposals or bids.
[Ord. No. 5907 §§1—2, 10-25-2005]
A. Not less
than twenty (20) days before a public hearing to consider a redevelopment
plan that provides for tax abatement or tax exemption pursuant to
Chapter 353, RSMo., the City shall furnish to the political subdivisions
whose boundaries for ad valorem taxation purposes include any portion
of the property to be affected by tax abatement:
1. Notice
of the scheduled public hearing, which shall include:
a. The
time, date and place of the public hearing,
b. A
general description of the boundaries of the proposed redevelopment
area,
c. A
general description of the proposed redevelopment plan,
d. An
invitation to submit comments to the Board of Aldermen prior to the
date of the public hearing concerning matters that will be discussed
at the public hearing, and to appear at the public hearing and provide
comments, and
e. A
statement that all interested persons and all political subdivisions
will have the opportunity to be heard on such grant of tax abatement
or exemption; and
2. A written
statement of the impact on ad valorem taxes such tax abatement or
exemption will have on the political subdivisions, which shall be
prepared by or at the direction of the applicant and shall include
an estimate of the amount of ad valorem tax revenues of each political
subdivision which will be affected by the proposed tax abatement or
exemption, based on the estimated assessed valuation of the real property
involved as such property would exist before and after it is redeveloped.
B. The applicant for tax abatement or exemption under Chapter 353, RSMo., shall provide or cause to be provided to the City: a complete list of all political subdivisions whose boundaries for ad valorem taxation purposes include any portion of the property to be affected by tax abatement or exemption; the written statement specified in Subsection
(A)(2) above, in a form approved by the City Manager; and any other information deemed necessary by the City Manager or his/her designee to evaluate the proposed redevelopment plan and comply with the requirements of this Section.