[Ord. No. 345 §1, 6-14-2000]
This Chapter shall be known and may be cited and referred to
as the "Redevelopment Ordinance".
[Ord. No. 345 §2, 6-14-2000]
It is hereby found, determined and declared by the Board of
Aldermen of the City of Truesdale, Missouri, that in certain portions
of the City obsolete, deteriorating, substandard, insanity or blighted
areas exist, occasioned by age, obsolescence, inadequate planning,
outmoded design or physical deterioration, excessive or unproductive
land coverage, lack of appropriate light, air, open space, defective
design or arrangement of building, 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 conductive 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 property in blighted areas is essential for the clearance
of blight, replanning, reconstruction and redevelopment for the removal
of blight; that the existence of such conditions and the failure to
clear, replan, rehabilitate, reconstruct or redevelop these areas
results in progressive deterioration, causes a wasteful expenditure
of public funds for policing and occasions large outlays for the creation
and maintenance of public facilities and services; that such conditions
require the employment of capital on an investment basis and the redevelopment
of such areas under proper supervision with appropriate planning as
to land use, traffic circulation and construction; that the clearance,
replanning, rehabilitation, reconstruction and redevelopment of such
areas on a substantial scale are necessary for the removal of blight
and for the public welfare; that such obsolete, deteriorating, substandard,
insanitary and blighted areas constitute a menace to the health, safety,
morals and welfare of the citizens of the City. It is necessary to
encourage the removal of blight and to provide procedures for its
removal; the removal of blight and the procedures hereby adopted are
determined to be in the public interest.
[Ord. No. 345 §3, 6-14-2000]
The provisions of the "Urban Redevelopment Corporations Law",
Chapter 353, RSMo., as amended, are hereby accepted and shall apply
to all persons and corporations operating under this Chapter, insofar
as the same may be applicable thereto.
[Ord. No. 345 §4, 6-14-2000]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Advisory Committee to be appointed by the Mayor of the City
of Truesdale.
That portion of the City which the Board of Aldermen has
found or shall find to be blighted so that the clearance, replanning,
rehabilitation or reconstruction thereof is necessary to effectuate
the purposes of the Urban Redevelopment Corporations Law and this
Chapter. 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.
Those portions of the City which the Board of Aldermen shall
determine that, by reasons 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.
The Board of Aldermen of the City of Truesdale, Missouri.
The City of Truesdale, Missouri.
An 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 blighted area, which is authorized by the
Board of Aldermen by ordinance.
The Mayor of the City of Truesdale, Missouri.
Any individual, firm, partnership, joint venture, association,
corporation, whether organized for profit or not (except an urban
redevelopment corporation organized pursuant to the provisions of
the "Urban Redevelopment Corporations Law"), estate, trust, business
trust, receiver or trustee appointed by any State or Federal court,
syndicate or any other group or combination acting as unit and shall
include the male as well as the female gender and the plural as well
as the singular number.
"Published notice" of a hearing shall be notice published
once in a newspaper of general circulation in the City and posted
on the bulletin boards at the City Hall provided and used for posting
notices of the Board of Aldermen meetings at least fifteen (15) and
not more than thirty (30) days prior to such hearing.
Includes lands, buildings, improvements, land under water,
waterfront property and any and all easements, franchises and hereditaments,
corporeal or incorporeal and every estate, interest, privilege, easement,
franchise and right therein or appurtenant thereto, legal or equitable,
including restrictions of record created by plat, covenant or otherwise,
rights-of-way and terms for years.
The clearance, replanning, reconstruction or rehabilitation
of any blighted area and the provision for such industrial, commercial,
residential or public structures and spaces as may be appropriate,
including recreational and other facilities incidental or appurtenant
thereto.
That portion of a blighted area encompassed by a development
plan.
A specific work or improvement to effectuate all or any part
of a development plan.
Chapter 353, RSMo., and any amendments thereto.
[Ord. No. 345 §5, 6-14-2000]
Prior to the authorization and approval of a development plan,
or contemporaneously therewith, by the Board of Aldermen by ordinance,
there shall be a determination by the Board of Aldermen that the redevelopment
area encompassed by the development plan is a blighted area. In determining
that an area is a blighted area, the Board of Aldermen may consider
all relevant information submitted to it by interested persons, City
departments and by professional consultants employed by it. The finding
and determination that an area is a blighted area shall be made by
ordinance and may be contained in the ordinance authorizing and approving
the development plan. The ordinance finding and determining that an
area is a blighted area shall contain a legal description of the blighted
area and a finding that redevelopment of the blighted area is necessary
and in the public interest. Prior to the adoption of an ordinance
finding and determining an area to be a blighted area, the Board of
Aldermen shall hold a public hearing. Notice of such hearing will
be a published notice.
[Ord. No. 345 §6, 6-14-2000]
A.
Proposed
developments for any area within the City shall be submitted only
in response to an invitation for such proposals issued by the Board
of Aldermen. The Board of Aldermen may invite corporations to submit
proposed development plans for consideration for a blighted area or
an area which the Board of Aldermen contemplates declaring a blighted
area and the Board of Aldermen may designate conditions for such submission,
additional information required with the submission and the time period
within which such proposed development plans must be submitted to
be considered, which shall not be less than thirty (30) days, as directed
by the Board of Aldermen, from the date such invitation shall be given.
Invitation to submit proposed development plans shall be deemed given
when notice of such invitation, describing the area in general terms,
the location in the City Hall where written copies of the invitation
are available on request and the submission date for the proposed
development plans, shall be given in the same manner as a published
notice.
B.
If
no proposed development plan is submitted pursuant to an invitation
to submit proposed development plans, none will be considered until
a new invitation to submit proposed development plan is made.
[Ord. No. 345 §7, 6-14-2000]
A.
Any
corporation desiring to participate in the redevelopment of a blighted
area or an area which the Board of Aldermen contemplates declaring
a blighted area, pursuant to an invitation to submit a proposed development
plan, shall submit a proposed development plan to the City and such
additional information, if any, as has been requested by the Board
of Aldermen in the invitation to submit proposed development plans.
B.
No
proposed development plan shall be accepted for filing unless it is
accompanied by a non-refundable filing fee to the City of five hundred
dollars ($500.00) to be used by the City to defray expenses connected
with the evaluation and review of the proposed development plan. The
corporation also shall pay, when due and payable, all such other 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. 345 §8, 6-14-2000]
A.
A development
plan shall, where applicable, contain:
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 the proposed redevelopment project and plans or narrative
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.
Stages of project. A statement of the various stages,
if more than one (1) is intended, by which the redevelopment project
is proposed to be constructed or undertaken and the approximate time
limit for the commencement and completion of each stage, together
with a legal description of the real property to be included in each
stage;
4.
Property to be demolished. A statement of the existing
buildings or improvements in the redevelopment area to be demolished,
if any, and an estimate of the timing of such demolition;
5.
Building rehabilitation. A statement of existing
buildings to remain, if any, the proposed improvements to each such
building to remain and the approximate period of time during which
such improvements, repairs or alterations are to be made;
6.
New construction. A statement of the general type,
size, number, character and materials of each new industrial, commercial,
residential or other building or improvement to be erected or made
and the estimate of the timing of such construction;
7.
Open space. A statement of those portions, if any,
of the redevelopment area which may be permitted or will be required
to be left as open space, the use to which each such open space is
to be put, the period of time each such open space will be required
to remain an open space and the manner in which it will be improved
and maintained, if at all;
8.
Property for public agencies. A statement of those
portions, if any, of the redevelopment area which are proposed to
be sold, donated, exchanged or leased to any public agency or political
subdivision of the Federal, State or local government and an outline
of the terms of such proposed sale, donation, exchange or lease;
9.
Zoning changes. A statement of the proposed changes,
if any, in zoning ordinances or maps, necessary or desirable for the
redevelopment project and its protection against blighting influences;
10.
Street changes. A statement of the proposed changes
in streets and proposed street closings within, adjacent to or in
the proximity of the redevelopment area, if any;
11.
Utility changes. A statement of the changes, if
any, which will be required in the utilities necessary to effectuate
the redevelopment project and changes, if any, in utility lines, easements
or locations;
12.
Tax abatement. A statement of the tax abatement necessary for the redevelopment project, if any, and any payments in lieu of taxes, together with the conditions upon which the tax abatement, if any, will inure to the benefit of a subsequent owner of the redevelopment project and such information regarding the impact of any proposed abatement requested by the City to satisfy the requirements of Section 410.110(B) hereof;
13.
Acquisition plan, eminent domain. A statement giving
the legal description of the real property owned by or under option
or contract of purchase, if any, to the corporation or its affiliates
and, where known, the real property to be acquired by eminent domain
and time schedule for acquisition;
14.
Eminent domain by City. A statement giving the
legal description of the real property, if any, to be acquired by
the City on behalf of the corporation and the terms and conditions
for such acquisition;
15.
Relocation plan. A detailed relocation plan which
complies in all respects with the requirements set forth in Sections
523.200 et seq., RSMo., as amended;
16.
Financing. A detailed statement of the proposed
method of financing the redevelopment project which shall set forth,
among other things, the estimated development cost of the project
and the proposed sources of funds, debt and equity to meet such estimated
costs and the assurances, if any, to be given to the City by the corporation
and its affiliates on the corporation's performance;
17.
Management. A list of the persons and consultants,
if any, who it is proposed will be active in or associated with the
corporation and management of the redevelopment project during a period
of at least one (1) year from the date of approval of the development
plan and a list of the officers, directors and principal stockholders
of the corporation;
18.
Public property. A statement listing any real property
in the redevelopment area in public use or belonging to the City,
County, State or any political subdivision thereof together with a
statement that the consent of such entity, other than City, has been
obtained for the acquisition for such property if such property is
to be acquired; and
19.
Other information. The development plan may also
contain such other statements or exhibits as may be deemed relevant
by the Board of Aldermen.
[Ord. No. 345 §9, 6-14-2000]
A.
The
Board of Aldermen may request in writing that the corporation supply
additional information relating to any facet of the proposed development
plan. In the event the corporation fails to comply with the request
within twenty (20) days, the corporation's proposed development plan
may be disqualified from further consideration, provided however,
upon request of the corporation, additional time for a response may
be granted by the Board of Aldermen.
B.
The
Board of Aldermen may, in its discretion, waive any irregularity or
omission in any proposed development plan at any time after the filing
thereof.
C.
The
Board of Aldermen may, in its discretion, discuss with and seek recommendations
from citizens, consultants and other public agencies or authorities
impacted by the proposed development plan.
[Ord. No. 345 §10, 6-14-2000]
A.
With
regard to any proposed development plan affecting an area:
1.
The City shall provide the Advisory Committee with any proposed development plan filed pursuant to Section 410.070 hereof.
2.
A recommendation by the Advisory Committee regarding the City's approval
of the proposed development plan as it relates to the goals and objectives
of the City shall be transmitted to the Board of Aldermen within ninety
(90) days from the receipt of any proposed development plan under
review.
[Ord. No. 345 §11, 6-14-2000]
A.
Upon
introduction to the Board of Aldermen of a bill having as its subject
matter the approval of a development plan and authorizing execution
of a contract, the Board of Aldermen shall hold a public hearing.
Notice of such hearing will be a published notice. The public hearing
on the ordinance approving the development plan and authorizing execution
of a contract with the City shall be held for the purpose of stimulating
comment by those to be affected by such contract and development plan.
B.
In
the event the development plan provides for tax abatement or exemption
authorized by the Urban Redevelopment Corporations Law, the City shall
furnish each political subdivision whose boundaries for ad valorem
taxation purposes include any portion of the real property to be affected
by such tax abatement or exemption with a written statement of the
impact on ad valorem taxes such tax abatement or exemption will have
on such political subdivisions and written notice of the hearing to
be held. The written statement and notice required by this paragraph
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 for
each political subdivision which will be affected by the proposed
tax abatement or exemption based upon the estimated assessed valuation
of the real property involved as such property would exist before
and after it is redeveloped. At the public hearing, all political
subdivisions described in this paragraph shall have the right to be
heard on such grant of tax abatement or exemption.
[Ord. No. 345 §12, 6-14-2000]
A.
The
ordinance approving a development plan shall contain:
1.
A finding and declaration that the redevelopment area is blighted;
2.
If such be the case, the finding and declaration by the Board of
Aldermen that the exercise of the power of eminent domain by the corporation
is necessary to accomplish the purposes of the Urban Redevelopment
Corporations Law and this Chapter and so empowering granting a certificate
of convenience and necessity to the corporation to exercise such power;
3.
Authority for the Mayor to enter into a contract on behalf of the
City with the corporation and substantially the contents of such contract,
which may be incorporated by reference;
4.
A duration of time within which the real property in the redevelopment
area must be acquired, which may include acquisition by phases and
which may include extensions for delays not caused by the corporation
and provision for the expiration of the development rights including
the rights of eminent domain and tax abatement in the event of failure
of the corporation to acquire ownership of the real property within
the redevelopment area which is the subject of the development plan
within time limits specified; and
5.
Such other matters as may be deemed relevant by the Board of Aldermen
including, but not limited to, requirements for payment or reimbursement
by the corporation of legal, administrative and other expenses necessitated
by the development plan or redevelopment project and for future expenses
including, but not limited to, costs of defense of the City or its
officers, insurance, indemnity and hold harmless agreements.
[Ord. No. 345 §13, 6-14-2000]
Notwithstanding any other provision to the contrary, payments
in lieu of taxes may be imposed as part of the contract between the
City and the corporation which receives tax abatement or exemption
on property pursuant to the Urban Redevelopment Corporations Law.
Such payment shall be made to the Collector of Revenue of Warren County,
Missouri, by December thirty-first (31st) of each year payments are
due. The Board of Aldermen shall furnish the Collector of Revenue
with a copy of such contract requiring payment in lieu of taxes. The
Collector of Revenue shall allocate all revenues received from such
payment in lieu of taxes among all taxing authorities whose property
tax revenues are affected by the exemption or abatement on the same
pro rata basis and in the same manner as the ad valorem property tax
revenues received by each taxing authority from such property in the
year such payments are due.
[Ord. No. 345 §14, 6-14-2000]
A copy of the contract between the City and the corporation
for carrying out the development plan may be recorded by the corporation
or the City in the office of the Recorder of Deeds of Warren County
and proof of such recording shall be filed with the City. True copies
of the development plan authorized by the Board of Aldermen by ordinance
shall be retained with the authorizing ordinance by the City Clerk.
[Ord. No. 345 §15, 6-14-2000]
A.
In
order to monitor the progress and compliance of an approved development
plan beyond the normal review processes of the City, the procedures
shall be as follows:
1.
Investigation. It shall be the duty of the Board
of Aldermen or its designee, after a development plan has been authorized
by the Board of Aldermen, to investigate and determine from time to
time during construction of the redevelopment project whether the
corporation undertaking such development plan is fully complying with
the provisions thereof and its contract with the City in the manner
and at the time fixed therein for the performance of the various stages
thereof.
2.
Reports. It shall also be the duty of the Board
of Aldermen or its designee to make reports from time to time during
the construction of the redevelopment project and at least every six
(6) months to the Board of Aldermen regarding each development plan
and also as to compliance with the provisions of this Chapter by any
corporation operating thereunder.
3.
Time extension. The Board of Aldermen may, for good
cause shown, grant to a corporation operating under an approved development
plan an extension of time in which to complete the redevelopment project
or any phase, stage or portion thereof.
4.
Recommendation of certification. When a corporation
operating under an approved development plan shall have completed
the redevelopment project or any stage thereof in accordance with
the provisions of the development plan in the manner and at the time
fixed therein for the performance of the various stages thereof, the
Board of Aldermen or its designee, upon the written request of such
corporation, shall conduct an investigation and if the Board of Aldermen
or its designee determines that the redevelopment project or such
stage thereof has been so completed, a recommendation to the Board
of Aldermen shall be made that a certificate of full compliance be
issued to such corporation for such stage or for the entire redevelopment
project, as the case may be.
In the event that the Board of Aldermen determines that the
redevelopment project or any stage thereof has not been completed,
then the Board of Aldermen 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 notify the corporation within thirty (30) days
after receipt of said written request shall be deemed a certificate
of completion.
The investigations and reports required by Subsections (2) and (4) of this Section shall not be required or made with respect to the redevelopment project or to any approved stage thereof subsequent to the date of issuance of such certificate with respect to such redevelopment project or stage thereof.
[Ord. No. 345 §16, 6-14-2000]
A.
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 Board of Aldermen a copy of
its financial statements as follows:
1.
Such financial statements shall be filed annually within one hundred
twenty (120) days following the closing of the corporation's fiscal
year and the first (1st) such financial statements shall be filed
for such corporation's fiscal year ending in the calendar year next
following the calendar year in which the ordinance approving the development
plan became law.
2.
The financial statements shall:
a.
Follow an accepted accounting procedure;
b.
Contain a balance sheet and a profit and loss statement;
c.
Contain such other information as the City may require; and
d.
Be duly attested to by the President and Treasurer of said corporation
as an accurate and truthful representation of said corporation's financial
condition.
3.
The Board of Aldermen shall arrange for the review of all financial
statements submitted to it. The Board of Aldermen shall determine
the net income of the corporation and shall determine whether the
accumulation of surplus net earnings as defined by law, if any, is
being handled as provided by law.
a.
In the event such corporation's net income is not more than the maximum
allowed by law or in the event the corporation's net income during
any year is more than the maximum allowed by law and the accumulation
of surplus net earnings is being handled as provided by law, then
the Board of Aldermen shall certify to the Assessor of Warren County
on or before April first (1st) of each calendar year following the
year the financial statement was required to be submitted under this
Section that such corporation is eligible under the tax abatement
provisions contained in the Urban Redevelopment Corporations Law.
b.
In the event the corporation's net income is more than the maximum
allowed by law and the surplus is not being handled as provided by
law, then the Board of Aldermen shall certify to the Assessor of Warren
County on or before April first (1st) of the year following the year
in which the financial statement was required to be submitted under
this Section that such corporation is not eligible under the tax exemption
provisions contained in the Urban Redevelopment Corporations Law.
4.
In the event that the certification is that the corporation is eligible
for tax abatement, in whole or in part, to property owned by the corporation,
the Assessor shall forthwith assess, in whole or in part, the property
of the corporation as provided in Section 353.110, RSMo.
5.
In the event that the certification states that tax exempt status
cannot be granted to the corporation, then the Assessor shall forthwith
assess all property of the corporation at its true value as provided
by law.
[Ord. No. 345 §17, 6-14-2000]
Every corporation operating under this Chapter may establish
and maintain depreciation, obsolescence and other reserves, also surplus
and other accounts, including a reserve for payment of taxes, according
to recognized standard accounting practices.
[Ord. No. 345 §18, 6-14-2000]
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 contract entered into pursuant thereto may provide that
in the event of the sale or other disposition of real property of
a corporation by reason of the foreclosure of any mortgage or other
lien through 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.
If such development plan, ordinance and contract do not so provide
and the purchaser of such real property shall continue to use, operate
and maintain such real property in accordance with the provisions
of the development plan, the Board of Aldermen may 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 Chapter approving the plan provides for termination of tax
relief under such circumstances, the Board of Aldermen may refuse
to grant the purchaser continuing tax relief, 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 and the development plan.
[Ord. No. 345 §19, 6-14-2000]
Proceedings. Whenever any person or corporation
operating under a development plan does not comply in all material
respects with all or any part of the development plan and the contract
with the City within the time limits and in the manner as therein
stated, other on account of reasonable delays caused by unforeseen
circumstances beyond their control, or shall do or permit to be done
anything in violation of the development plan, the contract or this
Chapter or fail or omit to do anything required of it by the development
plan, the 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 of Aldermen to the City Attorney 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 action for damages against the
corporation for breach of any of the provisions of the development
plan or the development contract; provided that in the event the Board
of Aldermen shall determine that a corporation has abandoned construction
before completion of the redevelopment project in accordance with
the terms of an approved development plan, a certified copy of the
resolution of the Board of Aldermen making such determination shall
be recorded in the office of the Warren County Recorder of Deeds and
the real property included in such plan shall from the date be subject
to assessment and payment of all ad valorem taxes based on the true
value of such real property. The Board of Aldermen, after consultation
with the City Attorney, may elect to terminate a development contract
for non-performance or breach by the other contracting party.
[Ord. No. 345 §20, 6-14-2000]
The Sections of this Chapter shall be severable. In the event
any Section of this Chapter is found by a court of competent jurisdiction
to be invalid, the remaining Sections of this Chapter are valid, unless
the court finds the valid Sections of this Chapter are so essentially
and inseparably connected with and so dependent upon the void Section
that it cannot be presumed the Board of Aldermen would have enacted
the valid Sections without the void Section or unless the court finds
that the valid Sections standing alone are incomplete and are incapable
of being executed in accordance with the legislative intent.
