[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:
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.
The Board of Aldermen of the City of Pacific, Missouri.
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.
A private Urban Redevelopment Corporation organized under
and pursuant to the provisions of the "Urban Redevelopment Corporations
Law."
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.
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.
A specific work or improvement to effectuate all or any part
of a Development Plan.
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.Â
A Development
Plan containing the following shall be submitted to the Board of Aldermen
for review:
1.Â
Legal description. A legal description of the development
area by metes and bounds or other definite designation;
2.Â
Design plan. A written general description and preliminary
design plan of the proposed project showing the proposed land use.
3.Â
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;
4.Â
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;
5.Â
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.
6.Â
Management. A statement of the person(s) who it
is proposed will be active in or associated with the management of
the development project.
7.Â
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.Â
A Development
Plan shall not be recommended for approval by the Board until and
unless the Board shall determine:
1.Â
Design plan. That the Design Plan conforms to the
provisions of the Zoning Code of the City of Pacific;
2.Â
Size of area. That the area is of sufficient size
to allow its development in an efficient and economically satisfactory
manner;
3.Â
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;
4.Â
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.
A.Â
Following
review of the Plan by the Board of Aldermen, the following procedures
shall take effect:
1.Â
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]
A.Â
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.
B.Â
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.
C.Â
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]
A.Â
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.
1.Â
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.
2.Â
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.
3.Â
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.
4.Â
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.
