[Ord. No. 1593 §1, 6-4-1991]
This Chapter shall be known and may be cited and referred to as "The Business Redevelopment Chapter."
[Ord. No. 1593 §2, 6-4-1991]
It is hereby determined and declared by the Board of Aldermen of the City of Pacific, Missouri, that in certain commercial and industrial portions of the City, obsolete, decadent, substandard, unsanitary or blighted areas exist and that such areas are characterized by depreciated values, impaired investments, reduced or negligible income and consequent tax delinquencies; and the same are conducive to economic and social liability, ill health, and transmission of disease. The existence of such areas and the failure to clear, replan, rehabilitate, reconstruct or redevelop these areas results in progressive deterioration, in a loss of population by the areas, causes a wasteful expenditure of public funds for policing, and occasions large outlays for the creation of public facilities and services elsewhere. It is impossible and uneconomical for individual owners to independently undertake to remedy such conditions and that such conditions require the employment of capital on an investment basis. Such conditions further require the acquisition of adequate areas, at fair prices, the clearance of such areas through demolition of existing obsolete, deteriorating, inadequate, unsafe or unsanitary buildings and the redevelopment of such areas under proper supervision with appropriate planning as to land use; and construction and redevelopment of such areas on a large scale basis are necessary for the public welfare, and 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. Therefore, the necessity for the provisions herein enacted is hereby declared as a matter of legislative determination to be in the public interest.
[Ord. No. 1593 §3, 6-4-1991]
The provisions of the "Urban Redevelopment Corporations Law," found in Chapter 353, Revised Statutes of Missouri, 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.
[Ord. No. 1593 §4, 6-4-1991]
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:
- BLIGHTED AREA
- That portion of the City within which the Board of Aldermen determines, 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, or inability to pay reasonable taxes.
- BOARD OF ALDERMEN
- The Board of Aldermen of the City of Pacific, Missouri.
- BUSINESS REDEVELOPMENT AREA
- A specific commercial or industrial area within the City of Pacific that has been so declared by ordinance of the Board of Aldermen so that the clearance, replanning, rehabilitation, or reconstruction thereof is necessary to effectuate the purposes of this Chapter.
- The City of Pacific, Missouri.
- DEVELOPMENT CORPORATION OR CORPORATION
- A private Urban Redevelopment Corporation organized under and pursuant to the provisions of the "Urban Redevelopment Corporations Law."
- DEVELOPMENT PLAN
- A plan, together with any amendments thereto, for the development of all or any part of a Business Redevelopment Area, which is authorized by the Board of Aldermen.
- REAL PROPERTY
- Includes lands, buildings, improvements, land under water, waterfront property, and any of all easements, franchises and hereditaments, corporeal and 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 Business Redevelopment Area authorized by the City, and the provision for such industrial, commercial, residential or public structures 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.
- URBAN REDEVELOPMENT CORPORATIONS LAW
- Chapter 353 of the Revised Statutes of Missouri and any amendments thereto.
[Ord. No. 1593 §5, 6-4-1991]
Prior to any formal application for approval of a Development Plan, there must be a finding of blight in the area covered. This finding shall be made by the Board of Aldermen and based on evidence supplied by the Development Corporation. Such evidence must be sufficiently complete to make a finding that the area covered by reason of age, obsolescence, inadequate or outmoded design or physical deterioration has become an economic and social liability and that such conditions are conducive to ill health, transmission of disease, crime and/or inability to pay reasonable taxes.
[Ord. No. 1593 §6, 6-4-1991]
Subject to future amendment, the following portions of the City described below are subject to the provisions of this Chapter:
Fifteen (15) acres, more or less, comprising all of Lots 1 through (and inclusive of) Lot 8 of Brush Creek Industrial Park, as such lots are shown on the site plan, exact area to be determined after the building is designed and located on the permanent site drawings; actual total property shall be outlined and described via a survey with a legal description, which shall govern.
[Ord. No. 1593 §7, 6-4-1991]
A Development Plan containing the following shall be submitted to the Board of Aldermen for review:
Legal description. A legal description of the development area by metes and bounds or other definite designation;
Design plan. A written general description and preliminary design plan of the proposed project showing the proposed land use.
New construction. A statement of the type, number and character of each new industrial, commercial, residential or other building or improvement to be erected or made;
Street changes. A statement of the proposed changes, if any, in streets or street levels, any proposed street closing, and any changes which would have to be made to streets adjoining or near the development area including a plan of financing these changes;
Documentation of tax abatement. A statement of the tax abatement proposed by the developer, if any, together with a financial summary of why the proposed abatement is important to the ultimate success of the redevelopment proposal.
Management. A statement of the person(s) who it is proposed will be active in or associated with the management of the development project.
Other information. The Development Plan, and any application for approval thereof, may also contain such other statements or exhibits as may be deemed relevant by the Board of Aldermen, or by the proposer thereof.
[Ord. No. 1593 §8, 6-4-1991]
A Development Plan shall not be recommended for approval by the Board until and unless the Board shall determine:
Design plan. That the Design Plan conforms to the provisions of the Zoning Code of the City of Pacific;
Size of area. That the area is of sufficient size to allow its development in an efficient and economically satisfactory manner;
Zoning, street changes. That the proposed changes, if any, in Zoning Ordinances or maps and in streets and street levels, or any proposed street closings, are necessary or desirable for the development and its protection against blighting influence, and for the City as a whole; and/or for the same reasons whether or not other such changes not originally a part of the Development Plan should be recommended as a condition of approval;
Additional conditions. That it may be necessary that additional changes and/or conditions should be recommended by the Board of Aldermen to make the Development Plan more consistent to good planning practices, to insure the proposed development will be visually and functionally compatible with existing and proposed land uses in the surrounding area, and in other ways to control the proposed development so that it is clearly in the public interest and general welfare of the City of Pacific.
Following review of the Plan by the Board of Aldermen, the following procedures shall take effect:
The Board of Aldermen shall provide for a public hearing upon such Development Plan and cause notice of the hearing thereon to be given in at least one (1) publication in a newspaper printed, published or of general circulation in the City of Pacific. The publication of said notice shall be at least fifteen (15) days prior to the date of the hearing. The Board shall, in addition, give notice by first class mail to all property owners as shown by the tax records of the City located within the development area for which the application is filed.
[Ord. No. 1593 §10, 6-4-1991]
In any ordinance approving a Development Plan, the Board shall make the following findings and declarations:
That approval of the Development Plan and construction of the development project are necessary for the preservation of the public peace, property, health, safety, morals and welfare of the people of the City of Pacific, Missouri.
[Ord. No. 1593 §11, 6-4-1991]
Acquisition of Property. A Corporation may acquire real property or secure options in its own name, or in the name of nominees, and it may acquire real property by gift, grant, lease, purchase or otherwise.
Encumbrance of Property. A Corporation may borrow funds and secure the repayment thereof by mortgage, which shall contain reasonable amortization provisions and shall be a lien upon no other real property except that forming the whole or a part of a single development area. Any mortgage on the real property in a development area, or any part thereof, may create a first lien or a second or junior lien, upon such real property.
Disposal of Property. A Corporation may sell or otherwise dispose of any or all of the Real Property acquired by it for the purpose of a redevelopment project, and any tax abatement or exemption authorized by the Board of Aldermen shall inure to the benefit of any purchaser of the redevelopment of real property from the corporation.
[Ord. No. 1593 §12, 6-4-1991]
Prior to any tax abatement or exemption authorized by this Section becoming effective, the Board of Aldermen 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, with a written statement of the impact on ad valorem taxes such tax abatement will have on such political subdivisions. The Board of Aldermen shall conduct a public hearing concerning tax abatement at which hearing all political subdivisions described herein shall have the right to be heard on such grant of tax abatement. The Board of Aldermen shall provide written notice of the hearing fifteen (15) days prior to the date of the hearing to all such political subdivisions, and public notice by publication in one (1) newspaper of general circulation in the City of Pacific, which hearing may be held in conjunction with and simultaneous to the hearing on the proposed Development Plan.
Full exemption. Any real property to be developed by a Redevelopment Corporation in accordance with Chapter 353, Missouri Revised Statutes, as amended, and this Chapter for which a Development Plan has been approved shall not be subject to assessment or payment of general ad valorem taxes imposed by the City or by the State or any political subdivision thereof for a period not in excess of ten (10) years, the exact term to be decided by the Board of Aldermen, after the date upon which such Development Plan was approved, except to such extent and in such amount as may be imposed upon such real property during such period measured solely by the amount of the assessed valuation of the land, exclusive of improvements included within the Development Plan and owned by such corporation, as was determined by the Assessor of Franklin County, for taxes due and payable thereon during the calendar year preceding the calendar year during which the Development Plan was approved; and the amounts of such tax assessments shall not be increased by the Assessor during such period, not to exceed ten (10) years as decided by the Board of Aldermen.
Property already exempt. In the event, however, that any such real property was tax exempt immediately prior to approval of the Development Plan, the Board shall immediately request the Franklin County Assessor to promptly assess such land, exclusive of improvements, in accordance with the provisions of Section 110 of the "Urban Redevelopment Corporations Law", Chapter 353 of the Revised Statutes of Missouri, as amended. The amount of such assessed valuation so fixed by the Franklin County Assessor shall not be increased during the period set pursuant to this Section 430.120, beginning with the date upon which such corporation acquired ownership thereof.
Partial exemption. For the next ensuing period not in excess of fifteen (15) years, the exact term to be decided by the Board of Aldermen, general ad valorem taxes imposed by the City or by the State or any political subdivision thereof upon such real property shall be measured by the assessed valuation thereof as determined by the Franklin County Assessor upon the basis of not to exceed fifty percent (50%) of the true value of such real property from year to year during the period not to exceed fifteen (15) years, as decided by the Board of Aldermen.
Full assessment. After such periods, not to exceed twenty-five (25) years, the exact term to be decided by the Board of Aldermen, such real property shall be subject to assessment and payment of all ad valorem taxes based on the full true value of the real property, and shall be owned free from the conditions, restrictions and provisions of this Chapter, the approving ordinance and any rule or regulation adopted pursuant to this Chapter, provided that at any time after the completion of the development project, as authorized by ordinance, the owner may elect to pay a sum equivalent to the amount of the general ad valorem taxes, not including interest or penalties, which would have been levied on the full value of the property from the date of the completion of the project, and from that date such real property shall be free from the conditions, restrictions, and provisions of this Chapter, the approving ordinance and any rule or regulation adopted pursuant to this Chapter.
[Ord. No. 1593 §13, 6-4-1991]
In the event the Development Corporation is unable to acquire ownership of the property within the area of the Development Plan within one (1) year from the plan approval date all development rights granted under the ordinance including the right of tax abatement shall be terminated.