[Ord. No. 1401 §1, 3-8-2012]
The following terms, whenever used or referred to in this Chapter,
shall, unless a different intent clearly appears from the context,
be construed to have the following meanings:
AREA
Such portion(s) of the City as the Board has found or shall
find to be a blighted area so that the clearance, replanning, rehabilitation,
or reconstruction thereof is necessary to effectuate the redevelopment
thereof.
BLIGHTED AREA
That portion of the City within which the Board determines
that by reason of age, obsolescence, inadequate or outmoded design,
or physical deterioration, existing properties and improvements 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.
BLIGHTING STUDY
A written report including, but not limited to, the following:
1.
Evidence that the area in question constitutes a blighted area;
2.
Identification of each parcel of real property within the redevelopment
area and a factual description of each parcel including, but not limited
to, the nature and age of any improvements thereon, and the physical
condition of each such parcel and any improvements thereon;
3.
Identification of all persons having an interest of record of
any type or nature whatsoever in the real property in the redevelopment
area, together with the full name and address of each such person;
4.
A list of all persons lawfully occupying any portion of the
area in question.
BOARD
The Board of Aldermen of the City of Edmundson, Missouri.
CITY
The City of Edmundson, Missouri.
CITY CLERK
The City Clerk of the City of Edmundson, Missouri.
COMMISSION
The Plan Commission of the City of Edmundson, Missouri.
CORPORATION
An urban redevelopment corporation organized under and pursuant
to the provisions of the Urban Redevelopment Corporations Law, as
described below, together with its successors and assigns.
COUNSEL
The City Attorney of the City of Edmundson, Missouri.
DESIGNATED DEVELOPER
The person who submits a development plan approved by the
Board, or the successors and assigns thereof.
DEVELOPMENT CONTRACT
That contract or agreement entered into between the City
and a corporation pursuant to an approved development plan.
DEVELOPMENT COSTS
An amount equal to the actual cost of redevelopment of the
redevelopment area. Such costs shall include, but not be limited to,
the reasonable expense of planning, including preliminary studies
and surveys; professional services, interest during construction;
the actual cost of the acquisition of the real property or any part
thereof whether acquired partly or wholly in exchange for cash, securities,
or otherwise; the actual cost of environmental remediation, if any;
the actual cost of demolition of existing structures, if any; the
actual cost of utilities, landscaping, and roadways; the actual cost
of construction, equipping, and furnishing of buildings and improvements
including professional fees; the actual costs of the reconstruction,
remodeling, or initial repair of existing buildings and improvements;
reasonable management and operations costs until the redevelopment
is ready for use; and the actual cost of improving those portions
of the redevelopment area which are to remain as open spaces or which
are to be used as amenities; together with such additions to development
costs as shall equal the actual cost of additions to or changes in
the redevelopment project in accordance with the original development
plan or after approved changes therein or amendments thereto.
DEVELOPMENT PLAN
A plan, together with the amendments thereto, for the redevelopment
of all or any part of an area, which is approved by the Board.
DIRECTOR
The Public Works Director of the City of Edmundson, Missouri.
MAYOR
The Mayor of the City of Edmundson, Missouri.
PERSON
An 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.
PUBLIC WORKS DIRECTOR
The individual designated by the Board to act as the Director
of Public Works of the City of Edmundson, Missouri.
REAL PROPERTY
Includes lands, buildings, improvements, and any and all
easements, franchises and hereditaments, incorporeal or corporeal,
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 an area, in whole or in part, 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.
REDEVELOPMENT PROJECT
A specific work or improvement to effectuate all or any part
of a development plan.
[Ord. No. 1401 §1, 3-8-2012]
A. Proposed
development plans for any area within the City may be submitted at
any time by the owner(s) of record or under contract of at least eighty
percent (80%) of the real property within the proposed area.
B. In any
other case, proposed development plans for any area within the City
may only be submitted in response to an invitation for such proposals
issued by the Board. The City may commission its own blighting study
prior to publication of an invitation for proposals to facilitate
the redevelopment of the area described in such blighting study. If
the City desires to develop an area, the Board shall direct the City
Clerk to publish a notice in a paper of general circulation inviting,
and may otherwise request the submission of proposed development plans
for the redevelopment of a redevelopment area. To be considered by
the Board as herein provided, a proposed development plan must be
submitted in conformance with this Chapter and within the time period
established by the Board, which time shall not be less than ten (10)
days following the first (1st) publication of such notice. If the
Board rejects all proposed development plans, or if none are submitted,
the Board may direct the City Clerk to publish notice again and the
period for submission of proposed development plans shall begin anew.
[Ord. No. 1401 §1, 3-8-2012]
Any person or corporation submitting a proposed development
plan for the redevelopment of a development area shall file thirty
(30) complete copies of such plan and thirty (30) copies of the blighting
study with the City Clerk. Simultaneously with such items, a cashier's
check shall be submitted in the amount of five hundred dollars ($500.00)
to pay for the certain costs associated with public hearings including
costs of publication. If costs incurred by the City exceed this amount,
then a proponent of the proposed development plan shall pay the additional
amount prior to the public hearing. If two (2) or more proposed development
plans are submitted, the publication costs described herein shall
be evenly divided among the proponents.
[Ord. No. 1401 §1, 3-8-2012]
A. A proposed
development plan shall contain the following information and data:
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 each proposed redevelopment project, with plans, a narrative,
schematic drawings, and elevations showing or describing the general
location of structures, general height, size, and scale of structures,
proposed land use, materials, general landscaping, and traffic circulation;
3. Project phases. A statement of the various phases, if more
than one (1) is intended, by which each redevelopment project is proposed
to be constructed or undertaken, and the approximate deadline for
the commencement and completion of each phase, together with a legal
description, or other definite designation, of the real property to
be included in each phase;
4. Unit specification — availability. A statement of
the character, type, and quality of construction and, when applicable,
approximate number of units, the square footage of the various units,
approximate rent or sales price, as the case may be, and approximate
date of availability of the proposed units to be offered during the
construction by each phase, if at all, or upon completion of each
redevelopment project;
5. Property to be demolished. A statement of the existing buildings
or improvements in the redevelopment area proposed to be demolished,
in whole or in part, if at all, and an estimate of the timing of such
demolition;
6. 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;
7. 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;
8. Open space and other amenities. 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 or other amenities to the redevelopment
project, the use of each such space and the manner in which it will
be improved and maintained, if at all;
9. Property for public agencies or political subdivisions. 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;
10. Zoning changes. A statement of the proposed changes, if
any, in zoning Chapter or map necessary or desirable for the redevelopment
project and its protection against blighting influences;
11. 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, including, but not
limited to, any changes proposed changing streets from public to private
streets or from private to public streets, if any;
12. Utility changes. A statement of the changes, if any, which
will be required in utility sources to accommodate each redevelopment
project and changes, if any, in utility lines, easements, or locations;
13. Tax abatement. A statement describing:
a. The
proposed tax abatement, if any, for the corporation undertaking the
redevelopment project and the reasons and justification for such requested
tax abatement, and any payments in lieu of taxes;
b. The
assessed valuation of the land and the improvements thereon, respectively,
before development;
c. The
estimated assessed valuation of the land and the improvements thereon,
respectively, after redevelopment;
d. The
statement that, but for the tax abatement, the redevelopment project
cannot be undertaken, and documentation in support thereof;
e. The
impact such tax abatement will have on each political subdivision
whose boundaries include any portion of the redevelopment area, including
an estimate of the amount of ad valorem revenues to be affected by
the grant of tax abatement; and
f. The
conditions upon which tax abatement, if any, will pass to or inure
to the benefit of a subsequent owner of the redevelopment project;
14. Property acquisition — eminent domain. A statement
describing the status of ownership of the real property within the
proposed redevelopment area and a statement giving the legal description
of the real property or interest in the real property, if any, proposed
to be acquired by the City on behalf of the corporation, the terms
and conditions for such acquisition, and the reasons why the aid of
the City is sought for this purpose;
15. Financing. A detailed statement of the proposed method of
financing the redevelopment project which shall set forth the estimated
development costs of the redevelopment project and the proposed sources
of funds, debt, and equity to meet such estimated costs; a signed
letter of commitment from the financing entity evidencing that construction
financing has been acquired for the redevelopment project (which letter
may be conditioned upon and subject to completion of final plans and
specifications, final approval by the City of the development plan,
negotiation of the development contract, and such other standard conditions
as are found in construction financing commitment letters); a detailed
statement of the projected gross revenues and all projected expenses
of the redevelopment project during the first five (5) years in which
such project is in operation; and the assurances, including performance
bonds, if any, to be given to the City by the corporation and its
affiliates for the corporation's performance of its obligations;
16. Management. A list of the persons proposed to be active
in or associated with the management of the redevelopment project
during the 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 corporation;
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
for the acquisition of such property if such property is to be acquired;
18. Relocation. A statement of the proposed plan for the relocation
of those persons who will be displaced, if any, by the redevelopment
project, the estimated cost thereof, and a commitment to pay said
relocation cost; and a statement as to whether the relocation assistance
described herein is mandated under any Federal or State law;
19. Qualifications. A statement detailing the experience and
qualifications of the person or corporation submitting the proposed
development plan and proposed to be actively involved in the overall
direction and implementation of the redevelopment project, including
any officer, director, or majority shareholder thereof. Such statement
should include, but not be limited to, information as to whether the
applicant, or any officer, director, or majority shareholder thereof
has been declared bankrupt, voluntarily or involuntarily, or has been
involved in any judicial or administrative proceeding in the preceding
five (5) years;
20. Evidence of good standing. If the applicant is not an individual,
evidence that the person or corporation submitting the proposed development
plan is lawfully organized and is in good standing under the laws
of the State;
21. Non-collusive affidavit. An affidavit executed by the person
or corporation submitting the development plan, in form to be furnished
by the Director, stating that in submitting its proposed development
plan the person or corporation has not colluded or conspired with
any other proponent; and
22. Other information. Such other statements, exhibits or documentation
as may be deemed relevant by the corporation or the Board of Aldermen.
[Ord. No. 1401 §1, 3-8-2012]
Promptly upon the filing of a development plan, the City Clerk
shall distribute copies thereof to the Mayor, Board, and counsel.
The Board may request in writing from the corporation or other interested
party additional information relating to any facet of the proposed
development plan. In the event that no response is received within
fifteen (15) days from the date of the request, the proposed development
plan may be disqualified from further consideration, provided however,
that upon request of the corporation, additional time may be granted
by the Board. The Board shall review the development plan to determine
whether it complies with the requirements of this Chapter and the
master plan for the proposed area. In the event that the development
plan fails to comply with the terms of this Chapter, the Board shall
notify the corporation in writing of the rejection of the development
plan and shall state the reasons for such rejection. If the Board
determines that the development plan complies with the requirements
of this Chapter and the master plan, the Board may then schedule a
public hearing and direct the City Clerk to proceed with publication
of notice of the public hearing. If the development plan fails to
conform to the master plan, the City may consider an amendment to
the master plan prior to or concurrently with approval of a development
plan. The Board 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).
[Ord. No. 1401 §1, 3-8-2012]
A. Following
the submission of any proposed development (either by owners of eighty
percent (80%) of the property within the area or in response to an
advertisement by the Board) and review by the Board, the City Clerk
shall publish notice in a paper of general circulation notifying all
interested parties in the proposed development plan(s) that a public
hearing will be held on a date and time established by the Board.
B. In the event a proposed 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 that such tax abatement or exemption will have on the ad valorem taxes of such political subdivision and written notice of the hearing to be held as provided for in Subsection
(A) above. The written statement and notice required by this Subsection shall be mailed to each political subdivision by registered or certified mail, postage prepaid, return receipt requested, at least ten (10) 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 affected by the 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 shall have the right to be heard on such grant of tax abatement or exemption.
C. The party
submitting the proposed development plan shall give written notice
of the hearing at least ten (10) days before the date of the hearing
to all persons having a property interest of record, of any type or
nature whatsoever, in the area covered by the proposed development
plan, and each occupant in said area. Said notice shall be given to
each such person by certified United States mail, postage prepaid,
addressed to the above persons at their proper address, if known.
If the corporation, after having made a diligent effort, is unable
to obtain information as to the name of any occupant, the notice shall
be sent by regular United States mail, postage prepaid, addressed
to "Occupant" at the address, including apartment, unit, or suite
number, if any, within the area covered by the proposed development
plan. A certification that said notice has been given to such persons
in the manner specified shall be filed with the City not less than
five (5) days prior to the date of the public hearing on the development
plan. At the public hearing, all persons shall have the right to be
heard.
D. Only
those proposed development plans filed with the City Clerk as set
forth in this Section shall be considered by the Board.
E. Following
the public hearing, the Board may make such other investigations as
it deems necessary and proper and thereafter submit the determinations
required below.
[Ord. No. 1401 §1, 3-8-2012]
A. The Board,
in its sole discretion, may request that the Commission review the
proposed development plan as submitted and forward to the Board a
recommendation on the development plan, which recommendation may address
such issues as:
1. Compliance
with the City's master plan as the same may be amended or revised
from time to time;
2. Sufficiency
of size to allow redevelopment of the area in an efficient and economically
satisfactory manner;
3. Practicality
of the proposed development plan;
4. Adequacy
of public facilities including, but not limited to, schools, fire
protection, water, sewer, police, transportation, parks, playgrounds,
and recreation, considering current facilities and those proposed
for service concurrent with the redevelopment project; and
5. Appropriateness
of any proposed changes to zoning Chapter or map, vacation or closing
of streets and alleys, or the construction of streets and alleys.
B. The Commission
will review and provide its recommendations on any proposed amendments
to an approved development plan prior to the deadline established
by the Board.
[Ord. No. 1401 §1, 3-8-2012]
A. After receipt of the proposed development plan and authorization by the City, the City Clerk shall cause notice of a public hearing to be given as provided in Section
145.060 above.
B. The Board
shall request in writing and receive written clarification of any
proposed development plan.
C. Following
the public hearing, the Board shall consider the merits of the proposed
development plan(s) and in its discretion
1. By ordinance,
approve a development plan as proposed;
2. By ordinance,
approve a development plan with modifications and conditions; or
3. By resolution,
reject a proposed development plan.
D. The ordinance
approving a development plan shall include, but not be limited to,
the following:
1. A finding
that the area included within a development plan is a blighted area
and that the clearance, redevelopment, replanning, rehabilitation,
or reconstruction thereof is necessary and in the best interest of
the City and its citizens;
2. If the
development plan calls for the exercise of eminent domain, the finding
and declaration that the area has been designated on a master plan
of the City as a redevelopment area, and that the exercise of the
power of eminent domain by the City is necessary to accomplish the
purposes of the redevelopment project;
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;
4. If applicable,
a finding and declaration as to whether the availability of tax abatement
pursuant to the Urban Redevelopment Corporations Law is a contributing
factor in the development of the redevelopment area, or any portion
thereof, in accordance with the development plan and, if appropriate,
the amount and duration of such tax abatement;
5. Authority
for the Mayor or other designated person to enter into a contract
on behalf of the City with the designated developer;
6. A duration
of time within which all real property in the redevelopment area must
be acquired, which may include acquisition by phases, and provision
for the expiration of development rights and tax abatement in the
event of the failure of the designated developer to acquire ownership
of the real property in the redevelopment area within time limits
as specified;
7. A provision
limiting the use of the redevelopment area to that use described in
the approved development plan for a period of years, but not less
than a period equal in length to the number of years for which tax
abatement or exemption has been granted, if applicable; and
8. Such
other matters as may be deemed relevant by the Board, including, but
not limited to, liquidated damages and the amount of performance and
payment bonds, if any.
[Ord. No. 1401 §1, 3-8-2012]
Any development plan approved by ordinance may be amended from time to time, subject to the notice and hearing requirements set forth in Section
145.060. The Commission shall review any proposed amendments, and make its recommendation accordingly to the Board. No such amendment shall be reviewed by any board or other body unless and until an application for amendment has been filed with the City Clerk by the designated developer containing those portions of the statements and information required by Section
145.040 above, that are relevant to the proposed amendment. The Board shall make the determinations required by Section
145.080 relevant to the proposed amendment.
[Ord. No. 1401 §1, 3-8-2012]
Notwithstanding any other provision of law to the contrary,
payments in lieu of taxes may be imposed by contract between the City
and the corporation which receives tax abatement on real property
pursuant to the Urban Redevelopment Corporations Law. Such payment
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 Board
shall furnish the Collector with a copy of such contract requiring
payment in lieu of taxes. The Collector 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.
[Ord. No. 1401 §1, 3-8-2012]
A. Upon
enactment into law of an ordinance approving a development plan, the
City shall enter into a development contract with the corporation
pursuant to the terms and conditions set forth in this Chapter and
the ordinance approving the development plan. The corporation shall
not avail itself of any of the benefits of the ordinance approving
the development plan until it has duly executed the development contract.
B. A copy
of the development contract between the City and the corporation for
carrying out the development plan together with a copy of the ordinance
approving the development plan 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. True copies
of the development plan approved by the Board by ordinance shall be
retained with the authorizing ordinance by the City Clerk.
[Ord. No. 1401 §1, 3-8-2012]
A. Prior
to the commencement of an approved redevelopment project, the corporation
shall comply with all other ordinances including, but not limited
to, those requiring review by the Commission.
B. The corporation
shall pay, when due and payable, all such fees, licenses, and other
charges required by the ordinances of the City applicable to such
corporation or the redevelopment project to be undertaken.
[Ord. No. 1401 §1, 3-8-2012]
A. Building Permits. In the event a development plan for redevelopment
area is approved by ordinance, no building permit shall be issued
by the City for construction in the redevelopment area unless building
plans have been submitted and are determined by the City to be in
substantial compliance with the approved development plan, as amended,
modified, or changed by ordinance, for the period during which the
development plan is in effect.
B. Investigation. It shall be the duty of the Director, after
the development plan has been approved by the Board, to investigate
and determine from time to time but not less often than quarterly
during construction of the redevelopment project, whether the corporation
undertaking such development plan is fully complying with the provisions
thereof and its development contract with the City in the manner and
at the times fixed therein for the performance of the various phases
thereof.
C. Reports. It shall also be the duty of the Director to make
reports from time to time but not less often than quarterly during
the construction of the redevelopment project to the Board regarding
the redevelopment project approved for the redevelopment area, which
reports shall include, but not be limited to, information as to compliance
with the provisions of this Chapter by any corporation operating hereunder.
D. Time Extension. The Board may, for good cause shown, grant
to a corporation implementing an approved development plan an extension
of time in which to complete the redevelopment project or any phase,
stage, or portion thereof.
E. Recommendation Of Certification.
1. When
a corporation implementing an approved development plan has completed
the redevelopment project, or any phase thereof, in accordance with
the provisions of the development plan, the Director, upon the written
request of such corporation delivered by certified U.S. mail, return
receipt requested, shall conduct an investigation and, if the Director
determines that the redevelopment project, or such phase thereof,
has been so completed, the Director shall recommend to the Board that
a certificate of full compliance in recordable form be issued to such
corporation for such phase or for the entire redevelopment project,
as the case may be.
2. In the
event that, thereafter, the Board determines that the redevelopment
project or any phase thereof has not been completed, then the Board
shall transmit notice by certified mail, return receipt requested,
to the corporation stating the reasons for the finding that there
has not been substantial compliance. Provided however, failure to
so mail notice to the corporation within sixty (60) days after receipt
of said written request from the corporation shall be deemed a certification
of completion.
3. The investigations and reports of the Director required by Subsections
(B) and
(C) of this Section shall not be required or made with respect to the redevelopment project or to any approved phase thereof subsequent to the date of issuance of such certificate of completion with respect to such redevelopment project or phase thereof.
[Ord. No. 1401 §1, 3-8-2012]
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, 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 he/she shall file with the Board the financial report,
accompanied by confirmation that the corporation is in good standing
under the development plan and the development agreement.
[Ord. No. 1401 §1, 3-8-2012]
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 contract 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 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 inure 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 and comply with the terms of the development contract. If such
development plan, ordinance and development 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, and agrees to continue to comply with the
terms of the development contract, the Board 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 the development plan, 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 Board 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 contract, may be owned and operated free
from any of the conditions, restrictions or provisions of this Chapter,
the development plan and development contract.
[Ord. No. 1401 §1, 3-8-2012]
Whenever any corporation operating under or availing itself
of the benefits of a development plan does not substantially comply
with the development plan and the development contract with the City
within the time limits and in the manner as therein stated, reasonable
delays caused by unforeseen circumstances beyond its control alone
excepted, or shall do or permit to be done anything in violation of
the development plan, the development contract, or this Chapter, or
fails or omits to do anything required of it by the development plan,
the development contract, or this Chapter, or shall be about so to
do, permit to be done, or fail or omit to have done, then any such
fact may be certified by the Board to the counsel who may and is hereby
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, or threatened action or omission stopped, prevented,
rectified, or enforced by injunction or otherwise, or in the name
of the City to bring an action for damages against the corporation
for a breach of any of the terms, conditions and covenants of the
development plan or the development contract; provided that in the
event the Board shall determine that a corporation has abandoned construction
before completion of the redevelopment project in contravention of
the terms of an approved development plan, a certified copy of the
resolution of the Board making such determination shall be recorded
in the office of the St. Louis County Recorder of Deeds and the real
property included in such plan shall from that date be subject to
assessment and payment of all ad valorem taxes based on the true value
of such real property. The Board may elect to terminate a development
contract for non-performance or breach by the corporation. In the
event the City prevails in any action at law or in equity, the corporation
shall pay all attorney's fees, costs and damages arising out of such
action within thirty (30) days of a final judgment or decree.
[Ord. No. 1401 §1, 3-8-2012]
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 Chapter; and
3. Sell
or lease such real property for use in accordance with the provisions
of this Chapter.
[Ord. No. 1401 §1, 3-8-2012]
The provisions of the Urban Redevelopment Corporations Law are
hereby accepted. There is hereby incorporated by reference all of
the provisions of the Urban Redevelopment Corporations Law. All of
said provisions of the Urban Redevelopment Corporations Law shall
apply to all persons and corporations operating under this Chapter
insofar as the same may be applicable thereto.
[Ord. No. 1401 §1, 3-8-2012]
In computing any period of time prescribed or allowed by this
Chapter, 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
City legal holiday, in which event the period runs until the end of
the next day which is neither a Saturday, Sunday, nor a City legal
holiday.