[Ord. No. 15-08 §1, 2-18-2015]
A.
AREA
BLIGHTED AREA
BLIGHTING STUDY
1.
2.
CITY
CITY CLERK
COMMISSION
CORPORATION
COUNCIL
COUNSEL
DESIGNATED DEVELOPER
DEVELOPMENT CONTRACT
DEVELOPMENT COSTS
DEVELOPMENT PLAN
MAYOR
PERSON
REAL PROPERTY
REDEVELOPMENT
REDEVELOPMENT AREA
REDEVELOPMENT PROJECT
URBAN REDEVELOPMENT CORPORATIONS LAW
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:
Such portion(s) of the City as the Council has found or shall
find to be a blighted area so that the clearance, replanning, rehabilitation,
or reconstruction thereof is necessary to effectuate the redevelopment
thereof.
That portion of the City within which the Council determines
that by reason of age, obsolescence, inadequate or outmoded design,
or physical deterioration, existing properties and improvements 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.
A written report including, but not limited to, the following:
Evidence that the area in question constitutes a blighted area;
and
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.
The City of Bridgeton, Missouri.
The City Clerk of the City of Bridgeton, Missouri.
The Planning and Zoning Commission of the City of Bridgeton,
Missouri.
An urban redevelopment corporation organized under and pursuant
to the provisions of the Urban Redevelopment Corporations Law, as
described below, together with its successors and assigns.
The City Council of the City of Bridgeton, Missouri.
The City Attorney of the City of Bridgeton, Missouri, or
such other special counsel as the City may appoint from time to time.
The person who submits a development plan approved by the
Council, or the successors and assigns thereof.
That contract or agreement entered into between the City
and a corporation pursuant to an approved development plan.
An amount equal to the actual cost of redevelopment of the
redevelopment area. Such costs shall include, but not be limited to,
the reasonable expense of planning, including preliminary studies
and surveys; professional services, interest during construction;
the actual 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 actual cost of environmental remediation, if any;
the actual cost of demolition of existing structures, if any; the
actual cost of utilities, landscaping, and roadways; the actual cost
of construction, equipping, and furnishing of buildings and improvements
including professional fees; the actual costs of the reconstruction,
remodeling, or initial repair of existing buildings and improvements;
reasonable management and operations costs until the redevelopment
is ready for use; and the actual cost of improving those portions
of the redevelopment area which are to remain as open spaces or which
are to be used as amenities; together with such additions to development
costs as shall equal the actual cost of additions to or changes in
the redevelopment project in accordance with the original development
plan or after approved changes therein or amendments thereto.
A plan, together with the amendments thereto, for the redevelopment
of all or any part of an area, which is approved by the Council.
The Mayor of the City of Bridgeton, Missouri.
An 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 Corporation Law), 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.
Includes lands, buildings, improvements, 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 an area, in whole or in part, 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.
Is that portion of an area to which a development plan applies.
A specific work or improvement to effectuate all or any part
of a development plan.
Chapter 353, RSMo., as amended.
[Ord. No. 15-08 §1, 2-18-2015]
A.
Proposed development plans for any area within the City may be submitted
at any time by the fee owner(s) of record or under contract of at
least fifty percent (50%) of the real property within the proposed
area (by acreage).
B.
In any other case, proposed development plans for any area within
the City may only be submitted in response to an invitation for such
proposals issued by the Council. The City may commission its own blighting
study prior to publication of an invitation for proposals to facilitate
the redevelopment of the area described in such blighting study. If
the City desires to develop an area, the Council shall direct the
City Clerk to 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 Chapter and within the time period
established by the Council, which time shall not be less than ten
(10) days following the first 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.
[Ord. No. 15-08 §1, 2-18-2015]
Any person or corporation submitting a proposed development
plan for the redevelopment of a redevelopment area shall file thirty
(30) complete copies of such plan and thirty (30) copies of the blighting
study with the City Clerk. Simultaneously with such items, a cashier's
check shall be submitted in the amount of five hundred dollars ($500.00)
to pay for the certain costs associated with public hearings including
costs of publication. If costs incurred by the City exceed this amount,
then a proponent of the proposed development plan shall pay the additional
amount prior to the public hearing. If two (2) or more proposed development
plans are submitted, the publication costs described herein, shall
be evenly divided among the proponents.
[Ord. No. 15-08 §1, 2-18-2015]
A.
A proposed development plan shall contain the following information
and data:
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 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;
3.
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;
4.
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;
5.
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;
6.
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;
7.
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;
8.
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;
9.
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;
10.
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;
11.
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;
12.
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;
13.
Tax abatement. A statement describing:
a.
The proposed tax abatement, if any, for the corporation undertaking
the redevelopment project and the reasons and justification for such
requested tax abatement, and any payments in lieu of taxes;
b.
The assessed valuation of the land and the improvements thereon,
respectively, before development;
c.
The estimated assessed valuation of the land and the improvements
thereon, respectively, after redevelopment;
d.
The statement that, but for the tax abatement, the redevelopment
project cannot be undertaken, and documentation in support thereof;
e.
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
f.
The conditions upon which tax abatement, if any, will pass to
or inure to the benefit of a subsequent owner of the redevelopment
project;
14.
Property acquisition; eminent domain. A statement
describing the status of ownership of the real property within the
proposed redevelopment area and a statement giving the legal description
of the real property or interest in the real property, if any, proposed
to be acquired by the City on behalf of the corporation, the terms
and conditions for such acquisition, and the reasons why the aid of
the City is sought for this purpose;
15.
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;
16.
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 and a list of the officers, directors,
and principal stockholders of the corporation;
17.
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 of such property if such property
is to be acquired;
18.
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 or State
law;
19.
Qualifications. A statement detailing the experience
and qualifications of the person or corporation 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, or majority shareholder thereof. Such statement
should include, but not be limited to, information as to whether the
applicant, or any officer, director, or majority shareholder thereof
has been declared a bankrupt, voluntarily or involuntarily, or has
been involved in any judicial or administrative proceeding in the
preceding five (5) years;
20.
Evidence of good standing. If the applicant
is not an individual, evidence that the person or corporation submitting
the proposed development plan is lawfully organized and is in good
standing under the laws of the state;
21.
Non-collusive affidavit. An affidavit executed
by the person or corporation submitting the development plan, in form
to be furnished by the director, stating that in submitting its proposed
development plan the person or corporation has not colluded or conspired
with any other proponent; and
22.
Other information. Such other statements, exhibits
or documentation as may be deemed relevant by the corporation or the
City Council.
[Ord. No. 15-08 §1, 2-18-2015]
Promptly upon the filing of a development plan, the City Clerk
shall distribute copies thereof to the Mayor, Council, and counsel.
The Council may request in writing from the corporation or other interested
party additional information relating to any facet of the proposed
development plan. In the event that no response is received within
fifteen (15) days from the date of the request, the proposed development
plan may be disqualified from further consideration, provided however,
that upon request of the corporation, additional time may be granted
by the Council. The Council shall review the development plan to determine
whether it complies with the requirements of this Chapter. In the
event that the development plan fails to comply with the terms of
this Chapter, the Council shall notify the corporation in writing
of the rejection of the development plan and shall state the reasons
for such rejection. If the Council determines that the development
plan complies with the requirements of this Chapter, the Council may
then schedule a public hearing and direct the City Clerk to proceed
with publication of notice of the public hearing. The Council may,
in its discretion, waive any irregularity or omission in any proposed
development plan at any time after the filing thereof (including the
time after approval of a development plan).
[Ord. No. 15-08 §1, 2-18-2015]
A.
Following the submission of any proposed development (either by owners
of fifty percent (50%) of the property within the area or in response
to an advertisement by the Council) and review by the Council, the
City Clerk 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 established
by the Council.
B.
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 ten (10) 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.
C.
The party submitting the proposed development plan shall give written
notice of the hearing at least ten (10) days before the date of the
hearing to all persons having a fee property interest of record in
the area covered by the proposed development plan. 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. At the public hearing, all persons shall have the right to
be heard.
D.
Only those proposed development plans filed with the City Clerk as
set forth in this Section shall be considered by the Council.
E.
Following the public hearing, the Council may make such other investigations
as it deems necessary and proper and thereafter submit the determinations
required below.
[Ord. No. 15-08 §1, 2-18-2015]
A.
The Council, in its sole discretion, may request that the Commission
review the proposed development plan as submitted and forward to the
Council a recommendation on the development plan, which recommendation
may address such issues as:
1.
Compliance with the City's master plan as the same may
be amended or revised from time to time;
2.
Sufficiency of size to allow redevelopment of the area in an
efficient and economically satisfactory manner;
3.
Practicality of the proposed development plan;
4.
Adequacy of public facilities including, but not limited to,
schools, fire protection, water, sewer, police, transportation, parks,
playgrounds, and recreation, considering current facilities and those
proposed for service concurrent with the redevelopment project; and
5.
Appropriateness of any proposed changes to zoning chapter or
map, vacation or closing of streets and alleys, or the construction
of streets and alleys.
B.
The Commission will review and provide its recommendations on any
proposed amendments to an approved development plan prior to the deadline
established by the Council.
[Ord. No. 15-08 §1, 2-18-2015]
A.
After receipt of the proposed development plan and authorization by the City, the City Clerk shall cause notice of a public hearing to be given as provided in Section 145.060 above.
B.
The Council shall request in writing and receive written clarification
of any proposed development plan.
C.
Following the public hearing, the Council shall consider the merits
of the proposed development plan(s) and, in its discretion:
D.
The ordinance approving a development plan shall include, but not
be limited to, the following:
1.
A finding that the 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;
2.
If the development plan calls for the exercise of eminent domain,
the finding and declaration that the area has designated on a master
plan of the City as a redevelopment area, and that the exercise of
the power of eminent domain by the City is necessary to accomplish
the purposes of the redevelopment project;
3.
That approval of the development plan and construction of the
redevelopment project is necessary for the preservation of the public
peace, property, health, safety, morals and welfare;
4.
If applicable, a finding and declaration as to whether the availability
of tax abatement pursuant to the Urban Redevelopment Corporations
Law is a contributing factor in the development of the redevelopment
area, or any portion thereof, in accordance with the development plan,
and, if appropriate, the amount and duration of such tax abatement;
5.
Authority for the Mayor or other designated person to enter
into a contract on behalf of the City with the corporation or the
designated developer or any other person authorized to implement all
or a portion of a development plan;
6.
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 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;
7.
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, if applicable;
and
8.
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.
[Ord. No. 15-08 §1, 2-18-2015]
Any development plan approved by ordinance may be amended from time to time, subject to the notice and hearing requirements set forth in Section 145.060. The Council, in its sole discretion, may request the Commission review any proposed amendments, and make its recommendation accordingly to the Council. No such amendment shall be reviewed by the Council or other body unless and until an application for amendment has been filed with the City Clerk by the designated developer containing those portions of the statements and information required by Section 145.040 above, that are relevant to the proposed amendment. The Council shall make the determinations required by Section 145.080 relevant to the proposed amendment.
[Ord. No. 15-08 §1, 2-18-2015]
Notwithstanding any other provision of law to the contrary,
payments in lieu of taxes may be imposed by contract between the City
and the corporation 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
31 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.
[Ord. No. 15-08 §1, 2-18-2015]
A.
Upon enactment into law of an ordinance approving a development plan,
the City shall enter into a development contract with the corporation
pursuant to the terms and conditions set forth in this Chapter and
the ordinance approving the development plan. The corporation shall
not avail itself of any of the benefits of the ordinance approving
the development plan until it has duly executed the development contract.
B.
A copy of the development contract between the City and the corporation
for carrying out the development plan together with a copy of the
ordinance approving the development plan shall be recorded by the
corporation 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.
[Ord. No. 15-08 §1, 2-18-2015]
A.
Prior to the commencement of an approved redevelopment project, the
corporation shall comply with all other ordinances including, but
not limited to, those requiring review by the Commission.
B.
The corporation shall pay, when due and payable, all such 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. 15-08 §1, 2-18-2015]
A.
Investigation. It shall be the duty of the City
Clerk or his or her designee, after the development plan has been
approved by the Council, to investigate and determine, as and when
requested by the Council, during construction of the redevelopment
project, whether the corporation undertaking such development plan
is fully complying with the provisions thereof and its development
contract with the City, in the manner and at the times fixed therein
for the performance of the various phases thereof.
B.
Reports. It shall also be the duty of the City Clerk
or his or her designee, as and when requested by the Council, during
the construction of the redevelopment project to 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 Chapter by any corporation operating hereunder.
C.
Time extension. The Council may, for good cause
shown, grant to a corporation implementing an approved development
plan an extension of time in which to complete the redevelopment project,
or any phase, stage, or portion thereof.
D.
Recommendation of certification.
1.
When a corporation implementing an approved development plan
has completed the redevelopment project, or any phase thereof, in
accordance with the provisions of the development plan, the City Clerk
or his or her designee, upon the written request of such corporation
delivered by certified U.S. Mail, return receipt requested, shall
conduct an investigation and, if the City Clerk or his or her designee
determines that the redevelopment project, or such phase thereof,
has been so completed, he shall recommend to the Council that a certificate
of full compliance in recordable form be issued to such corporation
for such phase or for the entire redevelopment project, as the case
may be.
2.
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 corporation stating the reasons for the finding
that there has not been substantial compliance. Provided, however,
failure to so mail notice to the corporation within sixty (60) days
after receipt of said written request from the corporation shall be
deemed a certification of completion.
3.
The investigations and reports of the City Clerk 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.
[Ord. No. 15-08 §1, 2-18-2015]
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 City
Clerk three (3) copies of its financial report for the preceding year,
which report shall disclose the earnings of the corporation and the
disposition of any net earnings, and the interest rate on income debentures,
bonds, notes or other evidences of debt of the corporation; thereupon,
the City Clerk shall deliver the financial reports to the Director
of Finance who shall review the financial report of the corporation
and thereafter he shall file with the Council the financial report,
accompanied by confirmation that the corporation is in good standing
under the development plan and the development agreement.
[Ord. No. 15-08 §1, 2-18-2015]
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 development contract entered into pursuant thereto,
may provide that in the event of the sale or other disposition of
the real property of the corporation 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.
[Ord. No. 15-08 §1, 2-18-2015]
A.
The City may:
1.
Acquire by the exercise of the power of eminent domain, or otherwise,
an area designated on a master plan as a redevelopment area;
2.
Clear any such real property and install, construct, and reconstruct
streets, utilities and any and all other City improvements necessary
for the preparation of such area for use in accordance with the provisions
of this Chapter; and
3.
Sell or lease such real property for use in accordance with
the provisions of this Chapter.
[Ord. No. 15-08 §1, 2-18-2015]
The provisions of the Urban Redevelopment Corporations Law are
hereby accepted. There is hereby incorporated by reference all of
the provisions of the Urban Redevelopment Corporations Law. All of
said provisions of the Urban Redevelopment Corporations Law shall
apply to all persons and corporations operating under this Chapter
insofar as the same may be applicable thereto.
[Ord. No. 15-08 §1, 2-18-2015]
In computing any period of time prescribed or allowed by this
Chapter, 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.
[Ord. No. 15-08 §1, 2-18-2015]
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 Council 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.
