[R.O. 2008 §20-1; Ord. No. 1017 §1, 3-22-1982; Ord. No. 1370 §1, 12-11-1989]
In order that undue hardships are not placed upon land owners and developers who cooperate with the City by dedicating or conveying land to the City, or to other governmental entities at the City's request, for street widenings and public improvement purposes, provided such conveyance meets the following criteria:
It is given voluntarily and without any monetary reimbursement;
It is along an existing street or streets or a street or streets to be constructed by the City or proposed by the City for construction;
It is at the City's request; and
It is in accordance with City development plans or standards.
It shall be the policy of the City to permit construction and development on a tract of land from which a dedication or conveyance has been made to be developed in the same manner and to the same extent as though a dedication or conveyance had not been made. That is to say that after a dedication or conveyance under the above criteria, the tract of land shall be considered to have the same number of square feet as prior to the dedication or conveyance.
Any person or entity asserting rights under this section shall have the burden of proving eligibility to the reasonable satisfaction of the Zoning Administrator.
[Ord. No. 5431 §1, 7-27-2015]
[R.O. 2008 §20-2; Ord. No. 2056 §1, 4-24-2000; Ord. No. 2113 §§1 — 3, 2-26-2001]
In order that road and highway improvements may be economically constructed in areas of the City which are zoned "CB" Core Business and to avoid undue hardships to the property owners, it shall be the policy of the City to permit development and/or construction on a tract of land from which an acquisition of right-of-way and/or easements has been made to be developed in the same manner and to the same extent as though a conveyance for such right-of-way or easements had not been made, subject to the following criteria:
All property conveyed under the criteria set forth in Subsection (A) (the "condemned area") shall be treated and considered for all purposes as if the condemned area:
Any person or entity asserting rights under this section shall have the burden of proving eligibility to the reasonable satisfaction of the Zoning Administrator.
[Ord. No. 5431 §1, 7-27-2015]
[R.O. 2008 §20-3; Ord. No. 4003 §1, 2-27-2006]
When the location, extent and character of a street or other public facility or public utility, whether publicly or privately owned, has been included in the recommendations and proposals of the City's plan for the physical development of the municipality under Section 89.340, RSMo., or portions thereof, no such street, public facility or public utility shall be constructed or authorized until the location, extent and character thereof has been submitted to the Planning and Zoning Commission and approved as provided herein and Section 89.380, RSMo. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, sale or lease of any street or other public facility is subject to similar submission and approval. The City shall not accept, lay out, open, improve, grade, pave or light any street, lay or authorize the laying of water mains, sewers, connections or other utilities in any street unless the street has received the legal status of a public street prior to the adoption of the City plan or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the City or on a street plan made by and adopted by the Commission or upon approval as provided herein and Section 89.460, RSMo.
Applications for approval under Subsection (A)(1) shall be filed in the office of the Zoning Administrator for consideration by the Planning and Zoning Commission. Such application may be filed by the Public Works Director or his/her designee for the City or by any authorized person for a board of any other public entity or utility with jurisdiction.
Such applications shall be made on forms provided by the Zoning Administrator and shall be signed by the authorized representative of the applicant. Such applications shall state the name and address of the applicant. Such applications shall contain a brief narrative description of the proposed street or other public facility or public utility, a legal description of the involved property and a map showing the location. Additionally, the application shall meet the requirements for submission under Section 405.1080 (Site Concept, Site Development and Minor Site Plan Approval) and under Section 410.130 (Subdivision Improvement Plans).
Applications shall comply with and be in accordance with any format and procedures adopted by the Planning and Zoning Commission and filed with the City Clerk.
An application shall not be accepted by the Zoning Administrator if it does not comply with all the applicable requirements of this Section and any regulations adopted pursuant thereto. Additionally, an application shall not be accepted by the Zoning Administrator for a project that has been approved or denied hereunder within the past twelve (12) months unless the Zoning Administrator verifies that there are substantial new facts that warrant a new submission within such time.
The Zoning Administrator or the Planning and Zoning Commission may, in their discretion, allow modifications to a pending application.
Potential applicants may present conceptual plans to the Planning and Zoning Commission for comment prior to making a formal application in accordance with the procedures governing site development plans and subdivision improvement plans.
Application fees shall be set by the City Council.
Application Review Procedure.
Zoning Administrator. The Zoning Administrator shall receive an application after determining that it complies with all applicable submission requirements and thereupon shall forward it to the Planning and Zoning Commission with his/her recommendations. An application must be received at least ten (10) calendar days prior to the meeting of the Planning and Zoning Commission at which it is to be considered, unless otherwise approved by the City Administrator, to allow submission to the members of the Planning and Zoning Commission at least five (5) calendar days prior to the meeting. Any special meeting held in the discretion of the Commission and at the request of an applicant shall be held at the cost of the applicant. The City Council shall determine special meeting costs.
Planning and Zoning Commission. The Planning and Zoning Commission shall consider an application and determine whether or not to approve it. The Commission shall consider the application under the applicable standards established for site development plans and subdivision improvement plans including, but not limited to, making a determination as to whether the proposed project is consistent with the plan and complies with the Zoning Code if applicable. Within sixty (60) days after receipt of a complete application from the Zoning Administrator, the Planning and Zoning Commission shall make its decision, unless the applicant formally withdraws and resubmits the application in order to provide an extension of time. The Commission may waive application fees for such a resubmission. If the Planning and Zoning Commission does not make its decision within the required time period, it shall be deemed to have approved the application. If the Commission disapproves an application, it shall communicate its reasons to the City Council or other board having jurisdiction over the authorization or financing of the project.
City Council. In the event the Planning and Zoning Commission disapproves an application by affirmative vote of at least two-thirds (2/3) of the entire membership, the City Council may overrule the Commission if the authorization or financing of the project falls within the province of the City Council.
Other boards. As provided in Section 89.380, RSMo., if the authorization or financing of the project is subject to the jurisdiction of a board other than the City Council, then the board having jurisdiction may overrule the Commission by a vote of not less than two-thirds (2/3) of its entire membership.
[R.O. 2008 §20-21; Ord. No. 2020 §1, 9-13-1999]
This Article shall be known and may be cited and referred to as the "Creve Coeur Redevelopment Ordinance".
[R.O. 2008 §20-22; Ord. No. 2020 §2, 9-13-1999]
The purpose of the urban redevelopment procedures ordinance is to provide that upon a finding and determination by the City that obsolete, deteriorating, substandard, insanitary or blighted areas within the City 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 properties 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 such areas results in progressive deterioration, causes a wasteful expenditure of public funds for policing and occasion 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 on a substantial scale are necessary for the removal of blight and for the public welfare; that upon a finding and determination that such obsolete, deteriorating, substandard, insanitary and blighted areas constitute a menace to the health, safety, morals and welfare of the citizens of the City, it is appropriate for the City to encourage the removal of blight and therefore determined to be necessary and in the public interest to provide procedures for its removal.
[R.O. 2008 §20-23; Ord. No. 2020 §3, 9-13-1999]
The provisions of the "Urban Redevelopment Corporations Law", Chapter 353, RSMo., as amended, are hereby accepted and incorporated herein by this reference and shall apply to all persons and corporations operating under this Chapter, insofar as the same may be applicable thereto.
[R.O. 2008 §20-24; Ord. No. 2020 §4, 9-13-1999]
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:
- That portion of the City which the legislative authority of such City 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 law. 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
- That portion of the City within which the Council determines that by reason of age, obsolescence, inadequate or outmoded 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.
- BLIGHTING STUDY
- A written report including, but not limited to, the following:
- 1. Evidence that the redevelopment 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; and
- 3. A title search by an agency of a title insurance company licensed to do business in the State of Missouri showing all persons having an interest of record of any type or nature whatsoever in the real property in the redevelopment area. Said title search shall be dated not more than ninety (90) days prior to the date on which the blighting study is presented to the Council.
- The City of Creve Coeur, Missouri.
- CITY ADMINISTRATOR
- The City Administrator of the City of Creve Coeur, Missouri.
- CITY CLERK
- The City Clerk of the City of Creve Coeur, Missouri.
- An urban redevelopment corporation organized under and pursuant to the provisions of the Urban Redevelopment Corporations Law, together with its successors and assigns.
- The City Council of the City of Creve Coeur, Missouri.
- The City Attorney of the City of Creve Coeur, Missouri.
- DESIGNATED DEVELOPER
- The person, or the successors and assigns thereof, who submits a development plan approved by the Council.
- DEVELOPMENT CONTRACT
- That contract or agreement entered into between the City and the designated developer 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 expenses of planning including preliminary studies and surveys; professional services, interest during construction; the 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 cost of environmental remediation, if any; the cost of demolition of existing structures, if any; the cost of utilities, landscaping and roadways; the cost of construction, equipping and furnishing of buildings and improvements; the costs of the reconstruction, remodeling or initial repair of existing buildings and improvements; costs of management and operations until the redevelopment is ready for use; the cost of improving those portions of the redevelopment area which are to remain as open spaces or which are to be used as amenities; and professional fees, together with such other like costs as shall be attributable to additions to or changes in the redevelopment project in accordance with the development plan or after approved amendments thereto.
- DEVELOPMENT PLAN
- A plan, together with the amendments thereto, for the redevelopment of all or any part of a blighted area, which is approved by the Council pursuant to this Article.
- The Mayor of the City of Creve Coeur, Missouri.
- An individual, firm, partnership, joint venture, association, corporation, whether organized for profit or not, 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 Director of Public Works of the City of Creve Coeur, Missouri.
- REAL PROPERTY
- Includes lands, buildings, improvements, land under water and waterfront property, 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.
- The clearance, replanning, reconstruction or rehabilitation of a 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.
- REDEVELOPMENT AREA
- That portion of an area to which a development plan applies.
- REDEVELOPMENT PROJECT
- A specific work or improvement to effectuate all or any part of a development plan.
- URBAN REDEVELOPMENT CORPORATIONS LAW
- Chapter 353, RSMo., as amended.
[R.O. 2008 §20-25; Ord. No. 2020 §5, 9-13-1999]
From time to time, the Council upon recommendation of the City Administrator or upon its own initiative may consider an area for possible designation as an area and for redevelopment pursuant to the Act and this Article. Following passage of a resolution preliminarily designating an area for redevelopment and authorizing the procedures of this Article, the City Clerk shall 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 Council as herein provided, a proposed development plan must be submitted in conformance with this Article and within the time period established by the City Administrator in writing for such submission, which time period shall not be less than thirty (30) days nor more than ninety (90) days following the first (1st) publication of such notice. If the Council rejects all proposed development plans or if none are submitted, the Council may direct the City Clerk to publish notice again and the period for submission of proposed development plans shall begin anew.
[R.O. 2008 §20-26; Ord. No. 2020 §6, 9-13-1999]
Any person or corporation submitting a proposed development plan for the redevelopment of a development area shall file fifteen (15) complete copies of such plan and fifteen (15) copies of the blighting study with the City Administrator. Simultaneously with such items, a cashier's check shall be submitted in the amount of five hundred dollars ($500.00) to pay for the costs incurred in publishing notices of public hearings. If the actual publication costs exceed this amount, then the proponent(s) of the proposed development plan shall pay the additional amount; if the actual costs are less, then the balance shall be refunded to the proponent(s). If two (2) or more proposed development plans are submitted, the publication costs (or refunds thereof) described herein shall be evenly divided among the proponents.
[R.O. 2008 §20-27; Ord. No. 2020 §7, 9-13-1999]
A proposed development plan shall contain the following information and data:
Legal description. A legal description of the redevelopment area by metes and bounds or other definite designation.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Tax abatement. A statement describing:
The proposed tax abatement, if any, for real property within the redevelopment area and the reasons and justifications for such requested tax abatement and any payments in lieu of taxes;
The assessed valuation of the land and the improvements thereon, respectively, before development;
The estimated assessed valuation of the land and the improvements thereon, respectively, after redevelopment;
The statement that, but for the tax abatement, the redevelopment project cannot be undertaken and documentation in support thereof;
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
The conditions upon which tax abatement, if any, will pass to or inure to the benefit of a subsequent owner of the redevelopment project.
Property acquisition plan. A statement containing:
The legal description, or other definite designation, of that portion of the real property owned or under option or contract to purchase by the person or its affiliates;
When known or in the event the parties are unable to conclude a voluntary conveyance, the legal description of the real property to be acquired by eminent domain;
The time schedule for acquisition by either negotiated sale or the exercise of the power of eminent domain; and
The relationship, if any, between the person or any partner, officer, director, member or shareholder thereof, as the case may be, and the owner(s) of the real property to be acquired.
Property acquisition by the City. A statement giving the legal description of the real property, if any, proposed to be acquired by the City on behalf of the person, the terms and conditions for such acquisition and the reasons why the aid of the City is sought for this purpose.
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 and normal underwriting requirements 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 for the performance of obligations.
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.
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 the City, has been obtained for the acquisition of such property if such property is to be acquired.
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, State or local law.
Qualifications. A statement detailing the experience and qualifications of the person 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, managing member, managing partner or majority shareholder thereof.
Evidence of good standing. If the applicant is not an individual, evidence that the person submitting the proposed development plan is lawfully organized and is in good standing under the laws of the State of Missouri.
Non-collusive affidavit. An affidavit executed by the person submitting the development plan, in form to be furnished by the City Administrator, stating that in submitting its proposed development plan the person has not colluded or conspired with any other proponent.
Other information. Such other statements, exhibits or documentation as may be deemed relevant by the City Administrator or the Council.
[R.O. 2008 §20-28; Ord. No. 2020 §8, 9-13-1999]
After the final date for submission of proposed development plans and if one (1) or more proposed development plan(s) has been submitted, the City Administrator 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 certain by the Council, provided that the public hearing shall not be held less than fifteen (15) days following publication of the notice provided for in this Subsection.
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 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 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.
The City Administrator shall give written notice of the hearing at least fifteen (15) 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, as of the date of the title search prepared as part of the blighting study. 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 (and if not known, said notice may be mailed to "owner or occupant" by regular United States mail, postage prepaid, at the street address, if any, within the area covered by the proposed development plan). At the public hearing, all persons shall have the right to be heard.
Only those proposed development plans filed with the City Clerk as set forth in this Article shall be considered by the Council.
Following the public hearing, the Council may make such other investigations as it deems necessary and proper.
[R.O. 2008 §20-29; Ord. No. 2020 §9, 9-13-1999]
Upon the adoption of a resolution by the Council, the City may elect to conduct a blighting study of any area(s) within the City. Thereafter, following a public hearing, the Council may, by ordinance, declare any such area to be a blighted area, using the criteria set forth in this Article, determine what use of the blighted area is best suited for redevelopment of the area and make a request for proposals for development plans therefor.
[R.O. 2008 §20-30; Ord. No. 2020 §10, 9-13-1999]
Following the public hearing, the Council shall consider the merits of the proposed development plan(s) and, in its discretion:
The ordinance approving a development plan shall include, but shall not be limited to, the following:
A finding that the redevelopment 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;
If the Council so determines, the finding and declaration that the exercise of the power of eminent domain is necessary to accomplish the purposes of the redevelopment project;
A finding and declaration as to whether the development of the redevelopment area or any portion thereof, in accordance with the development plan, is not possible but for the availability of tax abatement pursuant to the Urban Redevelopment Corporations Law and, if appropriate, the amount and duration of such tax abatement;
Authority for the City Administrator to enter into a development contract on behalf of the City with the designated developer;
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 including the rights of eminent domain 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;
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; and
Such other matters as may be deemed relevant by the Council including, but not limited to, liquidated damages and the amount of performance and payment bonds, if any.
[R.O. 2008 §20-31; Ord. No. 2020 §11, 9-13-1999]
The Council shall approve, by ordinance, any proposed amendments to a development plan previously approved by ordinance; the notice and hearing requirements of Section 400.110 shall apply with respect to any such amendments (other than extensions of time for compliance, which may be approved by ordinance or by resolution as set forth in Section 400.180(D) below).
[R.O. 2008 §20-32; Ord. No. 2020 §12, 9-13-1999]
Notwithstanding any other provision of law to the contrary, payments in lieu of taxes may be imposed by contract between the City and the designated developer 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 Council 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.
[R.O. 2008 §20-33; Ord. No. 2020 §13, 9-13-1999]
Upon enactment into law of an ordinance approving a development plan, the City shall enter into a development contract with the designated developer pursuant to the terms and conditions set forth in this Article and the ordinance approving the development plan. The designated developer shall not avail itself of any of the benefits of the ordinance approving the development plan until it has duly executed the development contract.
A copy of the development contract between the City and the designated developer for carrying out the development plan, together with a copy of the ordinance approving the development plan, shall be recorded by the designated developer 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 Council by ordinance shall be retained with the authorizing ordinance by the City Clerk.
[R.O. 2008 §20-34; Ord. No. 2020 §14, 9-13-1999]
The designated developer shall comply with all other ordinances of the City.
The designated developer shall pay, when due and payable, all such fees, licenses and other charges required by the ordinances of the City applicable to such designated developer or the redevelopment project to be undertaken.
[R.O. 2008 §20-35; Ord. No. 2020 §15, 9-13-1999]
Building Permits. In the event a development plan for redevelopment area is approved by ordinance, then building permits for construction in the redevelopment area shall not be issued unless the building plans are found by the Public Works Director or other responsible municipal official to be in substantial compliance with the approved development plan for the period during which the development plan is in effect.
Investigation. It shall be the duty of the Public Works Director or other responsible municipal official, after the development plan has been approved by the Council, to investigate and determine from time to time, but not less often than quarterly during construction of the redevelopment project, whether the redevelopment project as constructed substantially complies with such development plan and the development contract with the City in the manner and at the times fixed therein for the performance of the various phases thereof.
Reports. It shall also be the duty of the Public Works Director or other responsible municipal official to make reports from time to time, but not less often than quarterly during the construction of the redevelopment project, to the City Administrator who shall then submit them to the Mayor and the Council 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 Article.
Time Extension. The Council may, by ordinance or by resolution (and without complying with the notice and hearing requirements of Section 400.110 above), for good cause shown, grant to a person implementing an approved development plan an extension of time in which to complete the redevelopment project or any phase, stage or portion thereof.
Recommendation Of Certification.
When a person implementing an approved development plan has completed the redevelopment project or any phase thereof in accordance with the provisions of the development plan, the Public Works Director or other responsible municipal official, upon the written request of such person delivered by certified U.S. mail, return receipt requested, shall conduct an investigation and, if the Public Works Director or other responsible municipal official determines that the redevelopment project or such phase thereof has been so completed, the Public Works Director or other responsible municipal official shall recommend to the City Administrator, the Mayor and the Council that a certificate of full compliance in recordable form be issued to such person for such phase or for the entire redevelopment project, as the case may be.
In the event that, thereafter, the Council determines that the redevelopment project or any phase thereof has not been completed, then the Council shall transmit notice by certified mail, return receipt requested, to the person implementing the approved redevelopment plan stating the reasons for the finding that there has not been substantial compliance. Provided however, failure to so mail notice to the person within thirty (30) days after receipt of said written request from the person shall be deemed a certification of completion.
The investigations and reports of the Public Works Director or other responsible municipal official 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.
[R.O. 2008 §20-36; Ord. No. 2020 §16, 9-13-1999]
A corporation or the successors and assigns thereof which has submitted a development plan for tax abatement that has been approved by the Council 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 financial statements as follows:
Such statement shall be filed annually within one hundred eighty (180) days following the close of the person's fiscal year and the first (1st) such statement shall be filed for such person's fiscal year ending in the calendar year next following the calendar year in which the ordinance approving the development plan became law.
The financial statement shall:
Follow accepted accounting procedure;
Contain an operating profit and loss statement;
Contain such other information as the Council, by resolution, requires; and
Be duly attested to by an officer or manager as an accurate and truthful representation of the such person's financial condition.
The City Administrator shall review all financial statements submitted or cause the same to be reviewed. The City Administrator 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 the Urban Redevelopment Corporations Law and the ordinance which approved the development plan.
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 St. Louis County on or before April first (1st) of each calendar year following the year the statement was required to be submitted under this Section, that such corporation or the successors and assigns thereof is eligible under the tax abatement provisions contained in the Urban Redevelopment Corporations Law.
Every corporation operating under this Article may establish and maintain depreciation, obsolescence and other reserves, as well as surplus and other accounts including a reserve for payment of taxes, according to standard accounting practices.
[R.O. 2008 §20-37; Ord. No. 2020 §17 9-13-1999]
A person may sell or otherwise dispose of any or all of the real property acquired by such person 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 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 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 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 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 contract, may be owned and operated free from any of the conditions, restrictions or provisions of this Chapter, the development plan and development contract.
[R.O. 2008 §20-38; Ord. No. 2020 §18, 9-13-1999]
Whenever any person 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 excepted, or shall do or permit to be done anything in violation of the development plan, the development contract or this Article or fails or omits 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 Council 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 person 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 Council shall determine that a person 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 Council making such determination shall be recorded in the office of the Recorder of Deeds of St. Louis County and the real property included in such development 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. In the event the City prevails in any action at law or in equity, the person shall pay the attorney's fees, costs and damages arising out of such action within thirty (30) days of a final judgment or decree.
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 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.