[R.O. 2008 §55.201; Ord. No. 2240, 7-27-2004]
This Article shall be known and may be cited and referred to
as the "Redevelopment Procedures Ordinance".
[R.O. 2008 §55.201; Ord. No. 2240, 7-27-2004]
A. It is
hereby found, determined and declared by the Council of the City of
Olivette, Missouri, as follows:
1. There
exist in isolated portions of the City certain areas, lots and structures
that, by reason of age, obsolescence, inadequate or outmoded design,
physical deterioration, substandard or unsanitary improvements, excessive
or unproductive land coverage, defective design or arrangement of
buildings, lack of proper support facilities or lack of appropriate
light, air, open space, have become economic and social liabilities
conducive to ill health, transmission of disease, crime or inability
to pay reasonable taxes;
2. The
existence of such areas, lots and structures and the failure to clear,
replan, rehabilitate, reconstruct or redevelop these areas, lots and
structures results in progressive deterioration, causes a wasteful
expenditure of public funds for policing and occasions large outlays
for the creation and maintenance of public facilities and services;
3. Such
areas, lots and structures have impaired the economic value of neighborhoods,
infecting them with blight characterized by depreciated values, impaired
investment, reduced income and consequential inability to pay reasonable
taxes and such conditions constitute a menace to the health, safety,
morals and welfare of the citizens of the City;
4. Such
areas, lots and structures require the employment of capital on an
investment basis and the redevelopment of such areas, lots and structures
under proper supervision with appropriate planning as to land use,
traffic circulation and construction;
5. The
clearance, replanning, rehabilitation, reconstruction and redevelopment
of such areas, lots and structures on a substantial scale is necessary
for the removal of blight and for the public welfare; and
6. It is
in the public interest to encourage the removal of blight and to provide
procedures for its removal as allowed by Chapter 353, RSMo., and as
provided herein.
[R.O. 2008 §55.203; Ord. No. 2240, 7-27-2004]
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:
AREA
That portion of the City which the City Council 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 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.
BLIGHTED AREA
Those portions of the City which the City Council shall determine
that, by reason of age, obsolescence, inadequate or outdated 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.
CITY
The City of Olivette, Missouri.
CORPORATION
An urban redevelopment corporation organized under and pursuant
to the provisions of the "Urban Redevelopment Corporations Law", Chapter
353, RSMo., 2000, as amended, to pursue or effect redevelopment under
said Chapter 353.
DEVELOPMENT AGREEMENT
A contract or agreement entered into between the City and
a corporation pursuant to an approved development plan.
DEVELOPMENT PLAN
A plan, together with any amendments thereto, for the development
of all or any part of a blighted area, which is authorized by the
City Council by ordinance.
MAYOR
The Mayor of the City.
PERSON
Any individual, firm, partnership, joint venture, association,
corporation, whether organized for profit or not (except an urban
redevelopment corporation organized pursuant to the provisions of
the "Urban Redevelopment Corporations Law"), 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.
REAL PROPERTY
Any and all 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.
REDEVELOPMENT
The clearance, replanning, 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.
REDEVELOPMENT PROJECT
A specific work or improvement to effectuate all or any part
of a development plan.
[R.O. 2008 §55.204; Ord. No. 2240, 7-27-2004]
A. Any corporation may submit to the City Clerk a proposed development plan, along with fifteen (15) copies thereof, for the redevelopment of a redevelopment area, together with evidence that it is a corporation in good standing, lawfully organized and existing under the Missouri Urban Redevelopment Corporations Law and a filing fee as set forth in Section
430.060 hereof. The development plan shall contain the following:
1. A legal
description of the redevelopment area by metes and bounds or other
definite designation, together with a map of the redevelopment area.
2. A description
of the redevelopment project including:
a. A
list of properties in the redevelopment area owned or to be acquired
by the corporation;
b. A
list of structures proposed to be demolished;
c. A
description of any new construction proposed in the area, if any,
including a statement of the type, number and character of each new
industrial, commercial, residential or other building or improvement
to be erected or made;
d. A
description of any building renovation proposed, if any, including
any proposed repairs or alterations to such buildings; and
e. An
estimated timetable for implementing the acquisition, demolition,
new construction and/or rehabilitation. If the project is to be developed
in phases, the development plan shall provide a separate description
for each phase. The corporation's obligations to implement the redevelopment
project, including its obligations under an approved timetable for
the project, are to be set forth in a separate development agreement
executed by the corporation and the City. Such development agreement
may allow for extensions of approved timetables under appropriate
circumstances.
3. A statement
of those portions, if any, of the redevelopment area which are proposed
to be sold, donated, exchanged or leased to a board of education,
public library board, art museum board or other public agency and
an outline of the terms of such proposed sale, donation, exchange
or lease.
4. A statement
of any zoning and subdivision applications that the corporation believes
may be necessary or desirable for the redevelopment and its protection
against blighting influences, including changes to zoning ordinances,
maps or the City's Comprehensive Plan, applications for subdivision
or special use permits or any other land use application deemed necessary
or desirable.
5. A statement
of any changes in streets or street levels or street closings that
the corporation believes may be necessary or desirable and any changes
to streets adjoining or near the redevelopment project that the corporation
believes may be necessary or desirable, including the manner in which
the corporation believes these changes can be financed.
6. If relocation of residents or businesses may become necessary, the development plan must propose a relocation policy consistent with the requirements of Article
II of this Chapter
430 and Sections 523.200 through 523.215, RSMo., as amended. In such event the development plan shall also contain, to the extent known to the corporation, the following:
a. A
statement of the character of the existing dwelling accommodations,
if any, in the redevelopment area, the approximate number of families
residing therein, the number of vacancies therein and the rentals
being paid and/or demanded therefore, and
b. A
statement of the character of the existing commercial structures,
if any, in the redevelopment area, the approximate number of businesses
operating therein, the number of vacancies therein and the rentals
being paid and/or demanded therefore.
7. A statement,
to the extent known to the corporation, of any projects or relocations
outside of the redevelopment area which would be initiated due to
the redevelopment project.
8. A description
of the anticipated method of financing the redevelopment and the corporation's
views regarding the marketability of the redevelopment project.
9. A description
of the persons who will likely be active in or associated with the
management of the redevelopment project following the approval of
the development plan.
10. A
statement giving the legal description of the real property, if any,
proposed to be purchased or acquired by eminent domain and the reasons
why the aid of the City is sought for this purpose. If the City grants
condemnation rights to the corporation, the extent and terms of such
grant, including indemnification and security to be provided by the
corporation, will be set forth in a separate development agreement
executed by the corporation and the City.
11. A
statement providing that the separate development agreement to be
executed by the corporation and the City will include reasonable limitations
on the corporation's right to assign the redevelopment project to
ensure that the intention and purpose of the redevelopment project
will be carried out.
12. A
statement providing that the separate development agreement to be
executed by the corporation and the City will include reasonable reimbursement
and indemnification agreements with the City regarding:
a. The
City's costs incurred for evaluating and reviewing of the proposed
development plan and for participating in plan implementation; and
b. Costs
or damages resulting from third (3rd) party claims or litigations.
13. A
statement of the most current assessed value of the parcels of real
property located in the redevelopment area and a parcel identification
map identifying the parcels by tax locator numbers.
14. If the corporation is requesting tax abatement pursuant to Section
430.110 hereof, the City may require that the development plan contain a statement showing the economic impact of the proposed tax abatement on the taxing districts whose boundaries for ad valorem taxation purposes includes any real property located in the redevelopment area before and after completion of the redevelopment project. In the alternative, the City shall prepare said tax impact statement.
15. A
statement of the objectives of the development plan and how those
objectives will be implemented through the development project.
16. As
other information, statements or exhibits may be deemed necessary
or desirable for the City Council's consideration of a development
plan or negotiation of a development agreement, the City may require
that the corporation, either contemporaneously with or after the filing
of a development plan, submit such information, statements or exhibits
including, but not limited to:
a. A
statement of the housing accommodations or commercial structures available
in other locations in the City, if any, for those persons and businesses
to be displaced by the redevelopment project;
b. Evidence
that the corporation has or will have sufficient resources to acquire
and clear the land involved and complete the redevelopment project;
c. Evidence
of the marketability of the redevelopment project, including any commitments
for leases or purchases the corporation can provide;
d. A
statement of the anticipated total assessed value of such parcels
after redevelopment and completion of the redevelopment project; and
e. A
written analysis establishing that, but for a specified amount of
tax abatement, the corporation would not be able to obtain a reasonable
rate of return on its investment and would not proceed with the redevelopment
project.
f. The
corporation shall update any information submitted to the City as
may be necessary or required by the City and shall inform the City
of any information previously provided is found by the corporation
to be incomplete, inaccurate or otherwise misleading to any material
extent.
[R.O. 2008 §55.205; Ord. No. 2240, 7-27-2004]
A. Any application
for approval of a development plan must be supported by factual evidence
of blight.
B. Evidence
must relate to the area generally.
C. Evidence
must relate to each specific property proposed to be acquired within
the context of the area generally.
D. 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.
E. Evidence
must be sufficiently complete that the City Council can make a finding
of blight as required by the Urban Redevelopment Corporations Law.
[R.O. 2008 §55.206; Ord. No. 2240, 7-27-2004]
No proposed development plan shall be accepted for filing unless
it is accompanied by a non-refundable filing fee to the City of two
thousand five hundred dollars ($2,500.00), which said amount shall
be used by the City to defray expenses connected with the staff's
evaluation and review of the proposed development plan. The City may
further require the corporation to execute a reimbursement agreement
with the City, pursuant to which the corporation shall reimburse the
City for all legal, planning, accounting and other professional fees
and expenses reasonably incurred by the City in connection with its
evaluation and review of the proposed development plan. The corporation
shall further pay, when due and payable, all such other fees, licenses
and charges required by the ordinances of the City applicable to such
corporation as a developer and/or the redevelopment project.
[R.O. 2008 §55.207; Ord. No. 2240, 7-27-2004]
Promptly upon the filing of a development plan, the City Clerk shall distribute copies thereof to the City Council, City Manager, Zoning Administrator and the City Attorney. In the event that the development plan fails to comply with the terms of this Article, the City Manager shall notify the corporation in writing of the rejection of the development plan and shall state the reasons for such rejection. If the development plan complies with the requirements of this Article and the City's Comprehensive Plan, the City Manager shall notify the City Council which may then direct the Clerk to proceed with publication as described in Section
430.080 hereto. If the development plan fails to conform to the Comprehensive Plan, the City may consider an amendment to the Comprehensive Plan prior to or concurrently with approval of a development plan.
[R.O. 2008 §55.208; Ord. No. 2240, 7-27-2004]
A. Following
receipt of notice to proceed, the City Clerk shall publish notice:
1. In a
paper of general circulation within the City; and
2. In a
paper authorized to publish legal notices
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notifying all interested parties in the proposed development
area that a public hearing will be held on a date and time certain,
provided that the public hearing shall not be held less than fifteen
(15) days nor more than thirty (30) days following publication of
the notice provided for in this Section. The public hearing shall
be held for the purpose of stimulating comment by those persons to
be affected by or those persons interested in such development plan.
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B. In the event a proposed development plan provides for tax abatement or exemption as authorized by the Urban Redevelopment Corporations Law, the City shall furnish each political subdivision whose boundaries for ad valorem taxation purposes include any portion of the real property to be affected by such tax abatement or exemption with a written statement of the impact on ad valorem taxes such tax abatement or exemption will have on such political subdivisions and written notice of the hearing to be held as provided for in Subsection
(A) above. The written statement and notice required by this paragraph shall be mailed to each political subdivision by registered or certified mail, postage prepaid, return receipt requested at least fifteen (15) days prior to the hearing and shall include, but need not be limited to, an estimate of the amount of ad valorem tax revenues of each political subdivision which will be affected by the proposed tax abatement or exemption based upon the estimated assessed valuation of the real property involved as such property would exist before and after it is developed. At the public hearing all political subdivisions described in this Section shall have the right to be heard on such grant of tax abatement or exemption.
[R.O. 2008 §55.209; Ord. No. 2240, 7-27-2004]
A. After
public hearing has been held upon a proposed development plan, the
City Council may by ordinance:
1. Unconditionally
approve the plan and authorize and direct the Mayor or City Manager
on behalf of the City to enter into a development agreement with the
corporation; or
3. Approve
the development plan subject to such conditions, exceptions or restrictions
as the Council may deem to be in the public interest.
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If the City Council conditionally or unconditionally approves
the development plan, the approval ordinance shall also provide for
expiration of development rights, including the rights of eminent
domain and tax abatement, in the event of failure of the urban redevelopment
corporation to acquire ownership of property within the area of the
development plan. Such ordinance shall provide for a duration of time
within which such property must be acquired and may allow for acquisition
of property under the plan in phases. Such ordinance shall also permit
reasonable extensions of any time deadlines under appropriate circumstances.
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[R.O. 2008 §55.210; Ord. No. 2240, 7-27-2004]
A. In any
ordinance approving a development plan, the City Council shall make
the following findings and declarations:
1. The
area included within a 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 the
corporation seeks to acquire all or any part of the real property
within a 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; and
3. 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.
[R.O. 2008 §55.211; Ord. No. 2240, 7-27-2004]
A. In any
ordinance approving a development plan, the City Council may grant
tax abatement in accordance with the terms of the Urban Redevelopment
Corporations Law on such terms and conditions as the City Council
may deem appropriate and in furtherance of the public peace, property,
health, safety, morals and welfare.
B. Notwithstanding
any other provision of law to the contrary, payments in lieu of taxes
may be imposed under the development agreement between the City and
the corporation which receives tax abatement or exemption on property
pursuant to the Urban Redevelopment Corporations Law. Pursuant to
the terms of the Urban Redevelopment Corporations Law, such payments
shall be made to the Collector of Revenue of St. Louis County by December
thirty-first (31st) of each year that payments are due. The City Council
shall furnish the Collector of Revenue a copy of such agreement requiring
payment in lieu of taxes, to permit the Collector, as required by
law, to allocate all revenues received from such payment in lieu of
taxes among all taxing authorities whose property tax revenues are
affected by the exemption or abatement on the same pro rata basis
and in the same manner as the ad valorem property tax revenues received
by each taxing authority from such property in the year such payments
are due.
[R.O. 2008 §55.212; Ord. No. 2240, 7-27-2004]
A. Upon
enactment into law of an ordinance approving a development plan, the
City shall endeavor to enter into a development agreement with the
corporation pursuant to the terms and conditions set forth in this
Article and the ordinance approving the development plan. The form
of said development agreement shall be approved by the City Attorney.
B. A copy
of any development agreement entered into between the City and the
corporation shall be recorded by the corporation in the office of
the Recorder of Deeds of St. Louis County and proof of such recording
shall be filed with the City Clerk prior to the issuance of any building
or demolition permits for work in the redevelopment area. True copies
of the development plan authorized by the City Council by ordinance
shall be retained with the authorizing ordinance by the City Clerk.
[R.O. 2008 §55.213; Ord. No. 2240, 7-27-2004]
A. Building Permits. In the event an ordinance approves a development plan for a redevelopment area and grants tax abatement or exemption pursuant to Section
430.110 hereof, a building permit for construction in the redevelopment area shall not be issued during the period of any such tax abatement or exemption unless the building plans are found by the City to be in substantial compliance with the approved development plan as amended, modified or changed by ordinance.
B. Investigation. After a development plan has been authorized
by the City Council, the City shall investigate and determine from
time to time during construction of the redevelopment project whether
the corporation undertaking such development plan is complying, in
all material respects, with the provisions thereof and its development
agreement with the City in the manner and at the times fixed therein
for the performance of the various phases thereof.
C. Time Extension. The City Council may, 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
or any phase, stage or portion thereof.
[R.O. 2008 §55.214; Ord. No. 2240, 7-27-2004]
Whenever any person operating under an approved development
plan does not substantially comply with the development plan or the
development agreement within the time limits and in the manner for
the completion of each stage thereof as therein stated, reasonable
delays caused by unforeseen circumstances beyond his/her control alone
excepted, or shall do, permit to be done or fail or omit to do anything
contrary to or required of him/her by this Article or shall be about
to do, permit to be done or fail or omit to have done anything contrary
to or required of him/her by this Article, then any such fact may
be certified by the City Manager to the City Attorney who may and
is hereby authorized 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, if the City Manager shall reasonably
determine that a corporation has abandoned construction before completion
of the project in accordance with the terms of an approved development
plan, the real property included in the plan shall, from that date,
be subject to assessment and payment of all ad valorem taxes based
on the true full value of such real property.
[R.O. 2008 §55.215; Ord. No. 2240, 7-27-2004]
A. A corporation, the development plan of which provides for tax abatement and which desires to obtain and continue the benefits of tax abatement provided in the Urban Redevelopment Corporations Law and as provided in the development plan, shall file with the City Clerk 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
430.160 and the interest rate on income debentures, bonds, notes or other evidences of debt of the corporation; thereupon, the City Clerk shall deliver the financial reports to the Director of Finance who shall review the financial report of the corporation and thereafter shall file with the City Council the financial report, accompanied by an opinion as to compliance by the corporation with Section
430.160 and the applicable terms of the Urban Redevelopment Corporations Law.
B. The provisions of the above Subsection
(A) shall not apply to any person or entity acquiring ownership from a corporation of real property acquired for redevelopment as contemplated by Section
430.180(C) hereof.
[R.O. 2008 §55.216; Ord. No. 2240, 7-27-2004]
A. Issuance Of Obligations And Payment Of Interest Thereon. No corporation whose development plan has been approved by the Council
shall:
1. Issue
income debentures, bonds, notes or other evidences of debt bearing
or paying an interest rate in excess of the rate permitted by law.
2. Pay
any interest on its income debentures or dividends on its stock, regardless
of class or preference, during any fiscal year, unless:
a. There
shall exist at the time of such payment no default under any payment
obligations with respect to its indebtedness,
b. All
accrued interest, taxes and other public charges shall have been duly
paid, and
c. Reasonable
reserves shall have been set up for depreciation, obsolescence and
other proper uses and requirements.
B. Limitation On Net Earnings. The net earnings of a corporation
whose development plan has been approved by the Council shall be limited
to an amount not to exceed eight percent (8%) per annum of the cost
to such corporation of the redevelopment project, including the cost
of the land or the balance of such total cost of the project as reduced
by amortization payments; provided that the net earnings derived from
any redevelopment project shall in no event exceed a sum equal to
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
reasonable costs and expenses of maintenance and operation;
2. Amounts
paid for taxes, assessing, insurance premiums and other similar charges;
and
3. An annual
amount sufficient to amortize the cost of the entire project at the
end of the period, which shall not be less than twenty (20) years
and not more than sixty (60) years from the date of completion of
the redevelopment project.
C. The provisions of the above Subsections
(B) and
(C) shall not apply to any person or entity acquiring ownership from a corporation of real property acquired for redevelopment as contemplated by Section
430.180(C) hereof.
[R.O. 2008 §55.217; Ord. No. 2240, 7-27-2004]
A. The development plan may, upon approval of the City Council, contain provisions that any surplus earnings in excess of the rate of net earnings provided under Section
430.160:
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;
2. May
be used to accelerate the amortization payments;
3. May
be used for the enlargement of the project; or
4. May be used for reduction in rentals therein other than to itself or its subsidiaries; provided that, at the termination of the tax relief period granted pursuant to Section
430.110, the corporation shall make a strict accounting of surplus earnings and shall turn over to the City any excess of such surplus earnings not previously used as provided in the above Subsection
(A)(1).
B. The provisions of the above Subsection
(A) shall not apply to any person or entity acquiring ownership from a corporation of real property acquired for redevelopment as contemplated by Section
430.180(C) hereof.
[R.O. 2008 §55.218; Ord. No. 2240, 7-27-2004]
A. Acquisition Of Property.
1. A 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.
2. A corporation
shall have the right to acquire by the exercise of the power of eminent
domain any real property in fee simple or other estate which is necessary
to accomplish the purpose of this Article, under such conditions and
only when so empowered by the City Council.
3. Property
already devoted to public use may be acquired by the corporation,
provided that no real property belong to any City, County or the State
or any political subdivision thereof may be acquired without its consent.
B. Encumbrance Of Property. A corporation may borrow funds
and secure the repayment thereof by mortgage, which shall contain
reasonable amortization provisions and shall be a lien upon no other
real property except that forming the whole or a part of a single
redevelopment area. Any mortgage on the real property in a redevelopment
area or any part thereof may create a first (1st) lien or a second
(2nd) lien or junior lien upon such real property.
C. Disposal Of Property. A 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 development plan, the ordinance
approving any development plan and any development agreement entered
into pursuant thereto may provide that in the event of the sale or
other disposition of the real property of the corporation by reason
of the foreclosure of any mortgage or other lien 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 the Urban Redevelopment Corporations Law shall insure 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 development plan,
ordinance and development agreement does 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 City Council may grant the partial tax relief provided in
the Urban Redevelopment Corporations Law. If such real property shall
not be used, operated and maintained in accordance with the provisions
of such development plan, ordinance and development agreement or if
the purchaser does not desire the property to continue under the development
plan or if the ordinance approving the development plan provides for
termination of tax relief under such circumstances, the City Council
may refuse to grant the purchaser continuing tax relief, the real
property shall be assessed for ad valorem taxes upon the full true
value of the real property and, except as provided by development
agreement, may be owned and operated free from any of the conditions,
restrictions or provisions of this Chapter, the development plan,
the ordinance approving the development plan and the development agreement.
[R.O. 2008 §55.219; Ord. No. 2240, 7-27-2004]
A. The City
may:
1. Acquire
by the exercise of the power of eminent domain, or otherwise, an area
designated on a master plan as a redevelopment area;
2. Clear
any such real property and install, construct and reconstruct streets,
utilities and any and all other City improvements necessary for the
preparation of such area for use in accordance with the provisions
of this Article; and
3. Sell
or lease such real property for use in accordance with the provisions
of this Article.
[R.O. 2008 §55.220; Ord. No. 2240, 7-27-2004]
The provisions of the "Urban Redevelopment Corporations Law",
Chapter 353, RSMo., 2000, as amended, are hereby accepted and shall
apply to all persons and corporations operating under this Article,
insofar as the same may be applicable thereto, and shall supersede
any contrary or conflicting provision of this Article.
[R.O. 2008 §55.221; Ord. No. 2240, 7-27-2004]
In computing any period of time prescribed or allowed by this
Article, the day of the act or event after which the designated period
of time begins to run is not to be included. The last day of the period
so computed is to be included, unless it is a Saturday, Sunday or
a legal holiday, in which event the period runs until the end of the
next day which is neither a Saturday, Sunday nor a legal holiday.
[R.O. 2008 §55.221; Ord. No. 2240, 7-27-2004]
The Sections of this Article shall be severable. In the event
any Section of this Article is found by a court of competent jurisdiction
to be invalid, the remaining Sections of this Article are valid, unless
the court finds the valid Sections of this Article are so essentially
and inseparably connected with and so dependent upon the void Section
that it cannot be presumed the City Council would have enacted the
valid Sections without the void Section or unless the court finds
that the valid Sections standing alone are incomplete and are incapable
of being executed in accordance with the legislative intent.