[Ord. No. 1380 §1, 9-24-2007]
When used in this Article, the following words shall have the
meaning indicated herein:
ACT
The Real Property Tax Increment Allocation Redevelopment
Act, Sections 99.800 through 99.865, RSMo., as amended.
BLIGHTED AREA
An area which, by reason of the predominance of defective
or inadequate street layout, unsanitary or unsafe conditions, deterioration
of site improvements, improper subdivision or obsolete platting or
the existence of conditions which endanger life or property by fire
and other causes or any combination of such factors, retards the provision
of housing accommodations or constitutes an economic or social liability
or a menace to the public health, safety, morals or welfare in its
present condition and use. Each blighted area designation shall conform
to the requirements of Section 99.805(1) of the Act.
BOARD
The Board of Alderpersons of the City.
CITY
The Mayor and Board Members of the City of Pagedale, Missouri,
acting in their official capacity.
CONSERVATION AREA
Any improved area within the boundaries of a redevelopment
area located within the territorial limits of the City in which fifty
percent (50%) or more of the structures in the area have an age of
thirty-five (35) years or more. Such an area is not yet a blighted
area, but is detrimental to the public health, safety, morals or welfare
and may become a blighted area because of any one (1) or more of the
following factors: dilapidation; obsolescence; deterioration; illegal
use of individual structures; presence of structures below minimum
code standards; abandonment; excessive vacancies; overcrowding of
structures and community facilities; lack of ventilation, light or
sanitary facilities; inadequate utilities; excessive land coverage;
deleterious land use or layout; depreciation of physical maintenance;
and lack of community planning. A conservation area shall meet at
least three (3) of the factors provided in this subdivision for projects
to be approved. Each conservation area designation shall conform to
the requirements of Section 99.805(3) of the Act.
ECONOMIC DEVELOPMENT AREA
Any area or portion of an area located within the territorial
limits of the City, which does not meet the requirements of a blighted
or conservation area and in which the Board finds that redevelopment
will not be solely used for development of commercial businesses which
unfairly compete in the local economy and is in the public interest
because it will:
1.
Discourage commerce, industry or manufacturing from moving their
operations to another State; or
2.
Result in increased employment in the City; or
3.
Result in preservation or enhancement of the tax base of the
City.
Each economic development area shall conform to the requirements
of Section 99.805(5) of the Act.
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REDEVELOPMENT AREA
An area designated by the City in respect to which the City,
upon recommendation of its TIF Commission, has made a finding that
there exist conditions which caused the area to be classified as a
blighted area, a conservation area, an economic development area or
a combination thereof.
REDEVELOPMENT PLAN
The comprehensive plan for redevelopment of an area intended
by the payment of redevelopment costs to reduce or eliminate those
conditions, the existence of which qualified the redevelopment area
as a blighted area, a conservation area, an economic development area
or a combination thereof and thereby enhance the tax base of the taxing
districts which extend into the redevelopment areas. Each redevelopment
plan adopted shall conform to the requirements of Section 99.810 of
the Act.
REDEVELOPMENT PROJECT
Any redevelopment project within a designated redevelopment
area in furtherance of the objectives of the redevelopment plan.
TIF COMMISSION
The Tax Increment Financing Commission of the City of Pagedale,
Missouri, as authorized pursuant to Section 99.820 of the Act.
[Ord. No. 1380 §1, 9-24-2007]
There is hereby established a Commission to be known as the
"Tax Increment Financing Commission of the City of Pagedale, Missouri"
("TIF Commission"). All members of the TIF Commission shall serve
without compensation.
[Ord. No. 1380 §1, 9-24-2007]
The TIF Commission shall serve as an advisory body to the City
as it relates to the consideration of tax increment financing proposals
submitted by interested parties or initiated by any public agency
in accordance with the Act. The TIF Commission shall hold public hearings
and give notice pursuant to Sections 99.825 and 99.830 of the Act
on the approval of proposed redevelopment plans and redevelopment
projects and designation of redevelopment areas and amendments thereto.
The TIF Commission shall vote on all proposed approvals of redevelopment
plans and redevelopment projects and designations of redevelopment
areas and amendments thereto, within thirty (30) days following completion
of a hearing on any such plan, project, designation or amendment and
shall make recommendations to the City within ninety (90) days of
a hearing referred to in Section 99.825 of the Act concerning adoption
of or amendment to redevelopment plans, redevelopment projects and/or
designation of redevelopment areas.
[Ord. No. 1380 §1, 9-24-2007]
The TIF Commission shall elect from among its number a Chairman,
Vice Chairman and Secretary. Meetings of the TIF Commission shall
be open to the public to the extent provided by law and a record of
each meeting shall be kept. The TIF Commission shall have the authority
to establish rules and procedures not in conflict with City Ordinances
or policies or the Act and shall meet as required to fulfill its obligations
set forth in the Act.
[Ord. No. 1380 §1, 9-24-2007]
Membership on the TIF Commission shall consist of two (2) classes
of members: City appointees and other appointees. The TIF Commission
shall be composed of twelve (12) persons of which six (6) shall be
City appointees and six (6) shall be other appointees, including two
(2) members appointed by the school board whose district is included
within the redevelopment plan or area, one (1) member appointed to
represent all other districts levying taxes within the area selected
for a redevelopment project or are, excluding representatives of the
Board and three (3) members appointed by St. Louis County, Missouri
(the "County"). Regardless of class, each member of the TIF Commission
shall have one (1) vote on all matters properly before it and shall
participate in all deliberations of the TIF Commission without differentiation.
[Ord. No. 1380 §1, 9-24-2007]
A. The
City appointees shall be appointed by the Mayor with the consent and
approval of a majority of the Board. Any vacancies shall be filled
for the unexpired terms in the same manner as were the original appointments.
B. Terms
of office for City appointees shall be for a term of four (4) years,
except two (2) of the initial appointments shall be for a term of
two (2) years and two (2) of the initial appointments shall be for
a term of three (3) years from the date of initial appointment.
[Ord. No. 1380 §1, 9-24-2007]
A. Other
appointees shall be appointed in accordance with the Act when a redevelopment
area, redevelopment plan or redevelopment project is proposed to be
established or amended or at such earlier date as the City shall invite
other affected taxing jurisdictions to do so. Two (2) of the other
appointees shall be appointed by the Board(s) of Education of the
school district(s) whose district(s) is (are) affected, one (1) other
appointee shall be appointed in any manner agreed to by the other
affected taxing jurisdictions levying ad valorem taxes within the
contemplated redevelopment area included in a redevelopment plan and
three (3) other appointees shall be appointed by the County. The City
shall not be considered a taxing jurisdiction for purposes of appointment
of the appointee for the other affected taxing jurisdictions.
B. The
term of office of the other appointees shall consist of the period
of time from the time that the affected school district(s), the other
affected taxing jurisdictions and the County are notified in writing
of a proposed approval of a redevelopment plan or redevelopment project
or designation of a redevelopment area until final approval or disapproval
of the redevelopment plan or redevelopment project or designation
of a redevelopment area by the City in response to an initiating proposal.
C. In
the event the appropriate appointing authority (the affected school
district(s), the other affected taxing jurisdictions or the County)
shall fail to appoint other appointees within thirty (30) days of
receipt of written notices of a proposed approval or a redevelopment
plan or redevelopment project or designation of a redevelopment area
or amendment thereto, the remaining City appointees and other appointees
may proceed to exercise the power of the TIF Commission as it relates
to proposals then before it.
[Ord. No. 1380 §1, 9-24-2007]
The TIF Commission is requested to record minute entries as
to its considerations on the potential redevelopment area outlined
on Exhibit A, the Pagedale Comprehensive Community Development Initiative,
which is on file in the City offices and incorporated herein by reference.
[Ord. No. 1380 §1, 9-24-2007]
Each redevelopment plan shall meet the requirements of Section
99.810 of the Act and shall set forth in writing a general description
of the program to be undertaken to accomplish the objectives and shall
include, but need not be limited to, estimated redevelopment project
costs, the anticipated sources of funds to pay those costs, evidence
of the commitments to finance the project costs, the anticipated type
and term of the sources of funds to pay costs, the anticipated type
and terms of the obligations to be issued, the most recent equalized
assessed valuation of the property within the redevelopment area which
is to be subjected to payments in lieu of taxes and economic activity
taxes pursuant to Section 99.845 of the Act, an estimate as to the
equalized assessed valuation after redevelopment and the general land
uses to apply in the redevelopment area.
[Ord. No. 1380 §1, 9-24-2007]
A. No
redevelopment plan shall be adopted by a municipality without findings
that:
1. The redevelopment project area on the whole is a blighted area, a
conservation area or an economic development area and has not been
subject to growth and development through investment by private enterprise
and would not reasonably be anticipated to be developed without the
adoption of the redevelopment plan;
2. The redevelopment plan conforms to the comprehensive plan for the
development of the municipality as a whole;
3. The estimated dates, which shall not be more than twenty-three (23)
years from the adoption of the ordinance approving a redevelopment
project within a redevelopment area, of completion of any redevelopment
project and retirement of obligations incurred to finance redevelopment
project costs have been stated, provided that no ordinance approving
a redevelopment project shall be adopted later than ten (10) years
from the adoption of the ordinance approving the redevelopment plan
under which such project is authorized and provided that no property
for a redevelopment project shall be acquired by eminent domain later
than five (5) years from the adoption of the ordinance approving such
redevelopment project;
4. A plan has been developed for relocation assistance for businesses
and residences
5. A cost-benefit analysis showing the economic impact of the plan on
each taxing district which is at least partially within the boundaries
of the redevelopment area. The analysis shall show the impact on the
economy if the project is not built and is built pursuant to the redevelopment
plan under consideration. The cost-benefit analysis shall include
a fiscal impact study on every affected political subdivision and
sufficient information from the developer for the TIF Commission to
evaluate whether the project as proposed is financially feasible;
and
6. The plan does not include the initial development or redevelopment
of any gambling establishment.