[R.O. 2011 §13-1; Ord. No. 2994 §1, 10-15-2001]
This Article shall be known and may be cited and referred to
as the "Salem Urban Redevelopment Ordinance".
[R.O. 2011 §13-2; Ord. No. 2994 §2, 10-15-2001]
It is hereby found, determined and declared by the Board of
Aldermen of the City of Salem, Missouri, that in certain residential,
commercial and industrial portions of the City, obsolete, deteriorating,
substandard, unsanitary or blighted areas exist, occasioned by age,
obsolescence, inadequate planning, outmoded design or physical deterioration,
excessive or unproductive land coverage, lack of appropriate light,
air, open space, defective design or arrangement of buildings, lack
of proper support facilities or existence of obsolete, inadequate,
outmoded and poorly designed, or physically deteriorated buildings
and have become economic and social liabilities and such conditions
are conducive to ill health, transmission of disease, crime or inability
to pay reasonable taxes, have impaired the economic value of areas
infecting them with blight characterized by depreciated values, impaired
investment, reduced income and consequential inability to pay reasonable
taxes; that the assembly of buildings in blighted areas is essential
for the clearance of blight, replanning, reconstruction and redevelopment
for the removal of blight; that the existence of such conditions and
the failure to clear, replan, rehabilitate, reconstruct or redevelop
these areas 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;
that such conditions require the employment of capital on an investment
basis and the redevelopment of such areas under proper supervision
with appropriate planning as to land use, traffic circulation and
construction; that the clearance, replanning, rehabilitation, reconstruction,
and redevelopment of such areas on a substantial scale are necessary
for the removal of blight and for the public welfare; that such obsolete,
deteriorating, substandard, unsanitary and blighted areas constitute
a menace to the health, safety, morals and welfare of the citizens
of the City. It is necessary to encourage the removal of blight and
to provide procedures for its removal; the removal of blight and the
procedures hereby adopted are determined to be in the public interest.
[R.O. 2011 §13-3; Ord. No. 2994 §3, 10-15-2001]
The provisions of the "Urban Redevelopment Corporations Law",
Chapter 353, RSMo., as amended, 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 §13-4; Ord. No. 2994 §4, 10-15-2001]
As used in this Article, the following terms shall have these
prescribed 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 the Urban Redevelopment Corporations Law and 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.
An area which:
By reason of the predominance of defective or inadequate street
layout, insanitary or unsafe conditions, deterioration of site improvements,
improper subdivision or obsolete platting, or the existence of conditions
which endanger life or property by fire and other causes, or any combination
of such factors, retards the provision of housing accommodations or
constitutes an economic or social liability or a menace to the public
health, safety, morals or welfare in its present condition and use;
or
Has been declared blighted or found to be a blighted area pursuant
to Missouri law including, but not limited to, Chapter 353, Sections
99.800 to 99.865, or Sections 99.300 to 99.715, RSMo.
The Board of Aldermen of the City of Salem, Missouri.
The City of Salem, Missouri.
The City Clerk of the City of Salem, Missouri.
The Planning and Zoning Commission of the City of Salem,
Missouri.
An urban redevelopment corporation organized under and pursuant
to the provisions of the "Urban Redevelopment Corporations Law".
A person or corporation desiring to participate in the redevelopment
of a blighted area pursuant to the provision of this Article.
A plan, together with any amendments thereto, for the development
of all or any part of a blighted area, which is authorized by the
Board of Aldermen by ordinance.
The Mayor of the City of Salem, Missouri, or his/her designee.
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.
Notice published once in a newspaper of general circulation
in the City and posted on the bulletin boards at the City Hall provided
and used for posting notices of the Board of Aldermen meetings.
Includes 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, 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 incidental or appurtenant
thereto.
The portion of a blighted area encompassed by a development
plan.
Specific work or improvement to effectuate all or any part
of a development plan.
Chapter 353, RSMo.
[R.O. 2011 §13-5; Ord. No. 2994 §5, 10-15-2001]
Prior to the authorization and approval of a development plan,
or contemporaneously therewith, there shall be a determination by
the Board of Aldermen that the redevelopment area encompassed by the
development plan is a blighted area. In determining that an area is
a blighted area, the Board of Aldermen may consider all relevant information
submitted to it by interested persons, the Commission and City departments
and by professional consultants employed by it. The finding and determination
that an area is a blighted area shall be made by ordinance and may
be contained in the ordinance authorizing and approving the development
plan. The ordinance finding and determining that an area is a blighted
area shall contain a legal description of the blighted area and a
finding that redevelopment of the blighted area is necessary and in
the public interest. Prior to the adoption of an ordinance finding
and determining an area to be a blighted area, the Board of Aldermen
shall hold a public hearing for stimulation of comment by those affected
by the grant of rights or powers. Notice of such hearing will be a
published notice.
[R.O. 2011 §13-6; Ord. No. 2994 §6, 10-15-2001]
A.
Proposed
developments for any area within the City may be submitted in response
to an invitation for such proposals issued by the City or by a developer
at any time if a developer is not requesting use of eminent domain.
The City may invite developers to submit proposed development plans
for consideration for a blighted area or an area which the City contemplates
declaring a blighted area and the City may designate conditions for
such submission, additional information required with the submission,
and the time period within which such proposed development plans must
be submitted to be considered, which shall not be less than fifteen
(15) days and not more than one hundred eighty (180) days, as directed
by the City, from the date such invitation shall be given. Invitations
to submit proposed development plans shall be deemed given when notice
of such invitation, describing the area in general terms, the location
in the City Hall where written copies of the invitation are available
on request, and the submission date for the proposed development plans,
shall be given in the same manner as a published notice.
B.
If no
proposed development plan is submitted pursuant to an invitation to
submit proposed development plans, none will be considered until a
new invitation to submit proposed development plans is made.
C.
A developer
who is not requesting the use of eminent domain may submit a development
plan at any time. Notice of the filing of such development plan shall
be posted at City Hall.
[R.O. 2011 §13-7; Ord. No. 2994 §7, 10-15-2001]
A.
Any developer
desiring to participate in the redevelopment of a blighted area, or
an area which the City contemplates declaring a blighted area, shall
submit twenty (20) copies of the proposed development plan to the
City Clerk of the City, or such other party as set forth in the invitation,
together with such additional information, if any, as has been requested
by the City in the invitation to submit proposed development plans.
B.
Unless
waived by the City, no proposed development plan shall be accepted
for filing unless it is accompanied by a non-refundable filing fee
to the City of one hundred fifty dollars ($150.00) to be used by the
City to defray expenses connected with the evaluation and review of
the proposed development plan. The corporation shall pay, when due
and payable, all such other fees, licenses and other charges required
by the ordinances of the City applicable to such developer or the
redevelopment project to be undertaken.
[R.O. 2011 §13-8; Ord. No. 2994 §8, 10-15-2001]
A.
A development
plan shall, where applicable, contain:
1.
Legal description. A legal description of the redevelopment
area by metes and bounds, lots, plats 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 timing 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 such 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. A 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 ordinances 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 closings 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 inure
to the benefit of a subsequent owner of the redevelopment project
or be lost.
13.
Acquisition plan, eminent domain. A statement giving the
legal description of the real property owned by or under option or
contract of purchase, if any, to the developer or its affiliates,
and where known, the real property to be acquired by eminent domain
and 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 on behalf
of the developer and the terms and conditions for such acquisitions.
15.
Relocation plan. A relocation plan which complies in all
respects with the requirements set forth in Sections 523.200 and 523.215,
RSMo., as amended.
16.
Financing. A statement of the proposed method of financing
the redevelopment project which shall set forth, among other things,
the estimated development cost of the project and the proposed sources
of funds, debt and equity to meet such estimated costs, and the assurances,
if any, to be given to the City by the developer and its affiliates
for the developer's performance of its obligations.
17.
Management. A list of the persons who it is proposed will
be active in or associated with the developer and 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, principal stockholders, partners or members of the developer.
18.
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.
[R.O. 2011 §13-9; Ord. No. 2994 §9, 10-15-2001]
A.
Promptly
upon the filing of a proposed development plan, the City Clerk shall,
in writing, notify the Board of Aldermen and the Commission that a
proposed development plan has been submitted for consideration and
shall transmit copies thereof to them and to any department, division,
or Commission of the City which the Mayor deems may be affected or
have an interest in such proposed development plan, requesting comments
to be made to the Mayor for the benefit of the Commission.
B.
The City
Clerk may request in writing of the developer additional information
relating to any facet of the proposed development plan. In the event
the developer fails to supply the requested information within fifteen
(15) days from the date of the request, the developer's proposed development
plan may be disqualified from further consideration, provided however,
upon request of the developer, additional time may be granted by the
Mayor or his/her designee.
C.
The Board
of Aldermen may, in its discretion, waive any irregularity or omission
in any proposed development plan at any time after the filing thereof
(including the time after approval of a development plan).
[R.O. 2011 §13-10; Ord. No. 2994 §10, 10-15-2001]
A.
A recommendation
of the Commission regarding each proposed development plan submitted
shall be transmitted to the Board of Aldermen within fifteen (15)
days of the Commission meeting on the development plan; provided however,
in the event more than one (1) proposed development plan covering
the same common land area, in whole or in part, is submitted, then
the recommendation concerning all such proposed development plans
shall be submitted to the Board of Aldermen on the same date.
B.
The Commission
shall make written recommendations on the following:
1.
Whether
the public purpose as declared in this Article will be effectuated
by the proposed development plan;
2.
Whether
the proposed development plan, including the stages, is in the public
interest;
3.
Whether
the proposed development plan is consistent with the Comprehensive
Plan for the City;
4.
Whether
public facilities including, but not limited to, schools, fire, water,
sewer, police, transportation, parks, playgrounds and recreation,
and other utilities, private or public, are presently adequate or
will be adequate at the time the redevelopment project is completed;
5.
Whether
changes in zoning, ordinances, or maps are necessary;
6.
Whether
proposed changes in streets and street levels are necessary or desirable;
7.
Whether
eminent domain is necessary or desirable to effectuate the proposed
development plan.
C.
If more
than one (1) plan has been submitted, the recommendation of the Commission
shall contain a comparative analysis of the proposed development plans
based on the above determinations.
[R.O. 2011 §13-11; Ord. No. 2994 §11, 10-15-2001]
A.
Within
thirty (30) days of receipt of the recommendations of the Commission,
the Board of Aldermen shall introduce a bill having as its subject
matter the approval of a development plan and authorizing execution
of a contract. The Board of Aldermen shall hold a public hearing thereon.
Notice of such hearing will be a published notice. The public hearing
on the ordinance approving the development plan and authorizing execution
of a contract with the City shall be held for the purpose of stimulating
comment by those to be affected by such contract and development plan.
B.
In the
event the development plan provides for tax abatement or exemption
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 regarding such abatement or exemption. The City may require
the developer to compile a list of such political subdivisions. The
written statement and notice required by this paragraph shall be mailed
to each political subdivision, postage prepaid, 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 for 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 redeveloped. At the public hearing all political subdivisions described
in this paragraph shall have the right to be heard on such grant of
tax abatement or exemption.
C.
Public
hearings on any issue contained herein may be held simultaneously.
[R.O. 2011 §13-12; Ord. No. 2994 §12, 10-15-2001]
A.
The ordinance
approving a development plan shall contain:
1.
A finding
and declaration that the redevelopment area is blighted;
2.
If such
be the case, the finding and declaration by the Board of Aldermen
that the exercise of the power of eminent domain by the developer
or by the City on behalf of the developer is necessary to accomplish
the purposes of the Urban Redevelopment Corporations Law and this
Article and so empowering, granting a certificate of convenience and
necessity to, the developer to exercise such power;
3.
Authority
for the Mayor to enter into a contract on behalf of the City with
the developer and substantially the contents of such contract, which
may be incorporated by reference;
4.
A duration
of time within which property in the redevelopment area must be acquired,
which may include acquisition by phases and which may include extensions
for delays not caused by the developer, and provision for the expiration
of the development rights including the rights of eminent domain and
tax abatement in the event of failure of the developer to acquire
ownership of property within the redevelopment area within the time
limits specified.
[R.O. 2011 §13-13; Ord. No. 2994 §13, 10-15-2001]
Notwithstanding any other provision of law to the contrary,
payments in lieu of taxes may be imposed by contract between the City
and the developer which receives tax abatement or exemption on property
pursuant to the Urban Redevelopment Corporations Law. Such payment
shall be made to the Collector of Revenue of Dent County, Missouri
by December thirty-first (31st) of each year payments are due. The
Board of Aldermen shall furnish the Collector of Revenue a copy of
such contract requiring payment in lieu of taxes. The Collector of
Revenue shall 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. 2011 §13-14; Ord. No. 2994 §14, 10-15-2001]
A copy of the contract between the City and the developer for
carrying out the development plan may be recorded by the developer
or the City in the office of the Recorder of Deeds of Dent County
and proof of such recording shall be filed with the City. True copies
of the development plan authorized by the Board of Aldermen by ordinance
shall be retained by the City Clerk with the authorizing ordinance.
[R.O. 2011 §13-15; Ord. No. 2994 §15, 10-15-2001]
Notwithstanding anything to the contrary contained herein, the actual exercise of any power of eminent domain granted to a developer may only occur during such period of time as the developer is a corporation. In addition, any tax abatement granted to a developer may not commence until such time as the real property subject to the development plan has been conveyed to a corporation. Such real property may thereafter be conveyed to a party which is not a corporation as provided in Section 425.190 below.
[R.O. 2011 §13-16; Ord. No. 2994 §16, 10-15-2001]
A.
In order
to monitor the progress and compliance of an approved development
plan beyond the normal review processes of City departments, the procedures
shall be as follows:
1.
Investigation. It shall be the duty of the Mayor, after
a development plan has been authorized by the Board of Aldermen, to
investigate and determine from time to time during construction of
the redevelopment project whether the developer undertaking such development
plan is fully complying with the provisions thereof and its contract
with the City in the manner and at the time fixed therein for the
performance of the various stages thereof.
2.
Reports. It shall also be the duty of the Mayor to make
reports from time to time during the construction of the redevelopment
project to the Board of Aldermen regarding each development plan,
and also as to compliance with the provisions of this Article by any
developer operating thereunder.
3.
Time extension. The Board of Aldermen may, for good cause
shown, grant to a developer operating under an approved development
plan an extension of time in which to complete the redevelopment project,
or any phase, stage or portion thereof.
4.
Recommendation of certification. When a developer operating
under an approved development plan shall have completed the redevelopment
project or any stage thereof 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 Mayor, upon the
written request of the developer, shall conduct an investigation,
and if he/she determines that the redevelopment project or such stage
thereof has been so completed, he/she shall recommend to the Board
of Aldermen that a certificate of full compliance be issued to the
developer for such stage or for the entire redevelopment project,
as the case may be.
If, after receipt of such a request from the developer, the
Board of Aldermen determines that the redevelopment project or the
applicable stage thereof has not been completed in accordance with
the development plan, then the Board of Aldermen shall transmit notice
by certified mail, return receipt requested, to the developer stating
the reasons for the finding that there has not been substantial compliance;
provided however, failure to so notify the developer within thirty
(30) days after receipt of said written request shall be deemed a
certificate of completion.
The investigations and reports required by Subsections (2) and (4) of this Section shall not be required or made with respect to the redevelopment project or to any approved stage thereof subsequent to the date of issuance of a certificate of completion with respect to such redevelopment project or stage thereof.
5.
Amendments to development plan. Any approved development plan may subsequently be amended with the consent of the developer and the Board of Aldermen, provided that any amendment which grants additional tax abatement or reduces the amount of previously agreed upon payments in lieu of taxes may not be approved without first complying with the requirements of Section 425.110(B) of this Article.
[R.O. 2011 §13-17; Ord. No. 2994 §17, 10-15-2001]
A.
So long
as real property which is subject to a development plan which provides
for tax abatement is owned by a corporation and such corporation desires
to obtain and continue the benefits of tax abatement provided in the
Urban Redevelopment Corporations Law and as provided in the development
plan, the corporation shall file with the City Clerk a copy of its
financial statements as follows:
1.
Such
financial statements shall be filed annually within one hundred twenty
(120) days following the closing of the corporation's fiscal year,
and the first (1st) such financial statement shall be filed for such
corporation's fiscal year ending in the calendar year next following
the calendar year in which the ordinance approving the development
plan became law.
2.
The
financial statements shall:
a.
Follow
an accepted accounting procedure;
b.
Contain
a balance sheet and a profit and loss statement;
c.
Contain
such other information as the City Clerk may require; and
d.
Be
duly attested to by the president and treasurer of said corporation
as an accurate and truthful representation of said corporation's financial
condition.
3.
The
City Clerk shall arrange for the review of all financial statements
submitted to him/her. The City Clerk shall determine the net income
of the corporation and shall determine whether the accumulation of
surplus net earnings as defined by law, if any, is being handled as
provided by law.
a.
In
the event such corporation's net income is not more than the maximum
allowed by law or in the event the corporation's net income during
any year is more than the maximum allowed by law and the accumulation
of surplus net earnings is being handled as provided by law, then
the City Clerk shall certify to the Assessor of Dent County on or
before April first (1st) of each calendar year following the year
the financial statement was required to be submitted under this Section
that such corporation is eligible under the tax abatement provisions
contained in the Urban Redevelopment Corporations Law.
b.
In
the event the corporation's net income is more than the maximum allowed
by law and the surplus is not being handled as provided by law, then
the City Clerk shall certify to the Assessor of Dent County on or
before April first (1st) of the year following the year in which the
financial statement was required to be submitted under this Section
that such corporation is not eligible under the tax exemption provisions
contained in the Urban Redevelopment Corporations Law.
4.
In the
event that the certification is that the corporation is eligible for
tax abatement, in whole or in part, to property owned by the corporation,
the Assessor shall forthwith assess, in whole or in part, the property
of the corporation as provided in Section 353.110, RSMo.
5.
In the
event that the certification states that tax exempt status cannot
be granted to the corporation, then the Assessor shall forthwith assess
all property of the corporation at its true value as provided by law.
[R.O. 2011 §13-18; Ord. No. 2994 §18, 10-15-2001]
Every corporation operating under this Article may establish
and maintain depreciation, obsolescence and other reserves, also surplus
and other accounts, including a reserve for payment of taxes, according
to recognized standard account practices.
[R.O. 2011 §13-19; Ord. No. 2994 §19, 10-15-2001]
A.
A developer
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 contract
entered into pursuant thereto may provide that in the event of the
sale or other disposition of real property of a developer by reason
of the foreclosure of any mortgage or other lien, through insolvency
or bankruptcy proceedings, 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 inure to any
purchaser (whether or not a corporation) 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 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 of Aldermen may, nevertheless,
grant the partial tax relief provided in the Urban Redevelopment Corporations
Law.
B.
If such
real property shall not be used, operated and maintained in accordance
with the provisions of the development plan, or if the purchaser does
not desire the real property to continue under the development plan,
or if the ordinance approving the plan provides for termination of
tax relief under such circumstances, the Board of Aldermen may refuse
to grant the purchaser continuing tax relief, in which event the real
property shall be assessed for ad valorem taxes upon the full true
value of the real property and, except as provided by contract, may
be owned and operated free from any of the conditions, restrictions
or provisions of this Article and the development plan.
[R.O. 2011 §13-20; Ord. No. 2994 §20, 10-15-2001]
Proceedings. Whenever any developer operating
under a development plan does not comply in all material respects
with all or any part of the development plan and the contract with
the City within the time limits and in the manner as therein stated,
other than on account of reasonable delays caused by unforeseen circumstances
beyond its control, or shall do or permit to be done anything in violation
of the development plan, the development contract or this Article,
or fail or omit to do anything required of it by the development plan,
the development contract or this Article, then any such fact may be
certified by the Board of Aldermen to the City Attorney who may be
authorized to commence a proceeding in the Circuit Court or other
appropriate court or forum in the name of the City to have such action,
failure or omission stopped, prevented, rectified or enforced by injunction
or otherwise, or in the name of the City to bring action for damages
against the developer for breach of any of the provisions of the development
plan or the development contract; provided that in the event the Board
of Aldermen shall determine that a developer has abandoned construction
before completion of the redevelopment project in accordance with
the terms of an approved development plan, a certified copy of the
resolution of the Board of Aldermen making such determination shall
be recorded in the office of the Dent County Recorder of Deeds and
the real property included in such development plan shall from the
date be subject to assessment and payment of all ad valorem taxes
based on the true value of such real property. The Board of Aldermen,
after consultation with the City Attorney, may elect to terminate
a development contract for non-performance or breach by the other
contracting party.
[R.O. 2011 §13-21; Ord. No. 2994 §21, 10-15-2001]
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 invalid
Section that it cannot be presumed the Board of Aldermen would have
enacted the valid Sections without the invalid 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.
[1]
Cross References — As to administration, ch. 120; as to building codes and building regulations, ch. 500; as to business regulations and licenses, ch. 605; as to electricity, ch. 515; as to finance, ch. 130; as to housing maintenance and occupancy code, ch. 520; as to industrial zoning regulations, ch. 405, art. IV; as to sewers and water, chs. 705 and 710; as to subdivision regulations, ch. 410; as to utilities, ch. 700.
State Law References — Bond issues, ch. 108, RSMo.;
financial administration in fourth class cities, §§95.355
to 95.440, RSMo.; special business districts, §§71.790 to
71.798, RSMo.
[R.O. 2011 §19-1; Ord. No. 2614, 5-20-1985]
Whereas, Sections 135.200 — 135.255, RSMo., provides for
the establishment of enterprise zones within economically distressed
areas of the State of Missouri in order to encourage economic development;
and
Whereas, on July 12, 1984, J. H. Frappier, Director, Department
of Consumer Affairs, Regulations and Licensing, State of Missouri,
designated certain areas within the City of Salem and the County of
Dent as an enterprise zone pursuant to Chapter 135, RSMo.; and
Whereas, the City of Salem and the County of Dent desire to
expand the existing enterprise zone to include the City of Licking
and the Township of Sherrill, both located in Texas County, Missouri
an area which meets the minimum statutory requirements to qualify
as an enterprise zone; and
Whereas, the County of Dent, Missouri, the County of Texas,
Missouri, the City of Salem, Missouri, the City of Licking, Missouri,
as the local units of government having jurisdiction over this area,
mutually agree that designation as an enterprise zone would facilitate
economic development and would be in the best interests of their respective
citizens; and
Whereas, the County administrative courts for the respective
Counties hereby agree to certify or designate the authority for certification
to the eligibility of businesses locating or expanding within their
respective Counties;
Now therefore be it resolved, that the County Commissioners
of Dent County, Missouri, and of Texas County, Missouri and the City
Councils of the Cities of Licking, Missouri; Salem, Missouri, do hereby
desire to cooperate with one another in the expansion of an enterprise
zone and seek to participate with the Missouri Department of Economic
Development in plans and activities for the improvement of the area
under the incentives authorized pursuant to the Enterprise Zone Act.
