[Ord. No. 2021-2, 3-2-2021]
This Chapter shall be known and may be cited and referred to
as the Blighting and Redevelopment Procedures Chapter."
[Ord. No. 2021-2, 3-2-2021]
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 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 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determine that, by reason of age, obsolescence, inadequate or outdated
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 Bel-Ridge, Missouri.
The City of Bel-Ridge, Missouri.
The City Clerk of the City of Bel-Ridge, Missouri.
An urban redevelopment corporation organized under and pursuant
to the provisions of the Urban Redevelopment Corporations Law.
That contract or agreement entered between the City and corporation
pursuant to an approved development plan.
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 Bel-Ridge, 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 a unit and
shall include the male as well as the female gender and the plural
as well as the singular number.
Shall include 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 incident or appurtenant
thereto.
That portion of an area encompassed by a development plan.
A specific work or improvement to effectuate all or any part
of a development plan.
Chapter 353 of the Revised Statutes of Missouri, as amended.
[Ord. No. 2021-2, 3-2-2021]
In order to be considered hereunder a proposed development plan
must be submitted in conformance with this Chapter and within the
time period established for such submission. Such time period shall
not be less than thirty (30) days nor more than ninety (90) days following
publication of such notice. Any such published notice which specifies
that municipal finance incentives shall be considered by the City
and otherwise meets the requirements of this Section shall be sufficient.
Nothing herein shall prevent the Board of Aldermen from requiring
additional information in a particular request for proposals or from
modifying these requirements for a particular redevelopment area or
project.
[Ord. No. 2021-2, 3-2-2021]
A.
Any corporation may submit to the City Clerk a proposed development plan, along with fifteen (15) copies thereof, for the redevelopment of a redevelopment area, together with evidence that it is a corporation in good standing, lawfully organized and existing under the Urban Redevelopment Corporations Law, and a filing fee as set forth in Section 145.060 hereof. The development plan shall contain the following:
1.
Legal Description. The development plan shall contain a legal description
of the redevelopment area by metes and bounds or other definite designation.
2.
Description Of The Project. The development plan shall contain a
description of the project including a list of properties in the area
to be acquired by the corporation; a list of structures proposed to
be demolished; a description of any new construction proposed in the
area, if any, including a statement of the type, number and character
of each new industrial, commercial, residential or other building
or improvement to be erected or made; a description of any building
renovation proposed, if any, including any proposed repairs or alterations
to such buildings; and a proposed timetable for implementing the acquisition,
demolition, new construction or rehabilitation. If the project is
to be developed in phases, the development plan shall provide a separate
description for each phase.
3.
Property For Public Agencies. The development plan shall contain
a statement of those portions, if any, of the blighted area which
are proposed to be sold, donated, exchanged or leased to a board of
education, public library board, art museum board or other public
agency, and an outline of the terms of such proposed sale, donation,
exchange or lease.
4.
Zoning Changes. The development plan shall contain a statement of
the proposed changes, if any, in zoning ordinances or maps, necessary
or desirable for the redevelopment, and its protection against blighted
influences.
5.
Street Changes. The development plan shall contain a statement of
the proposed changes, if any, in streets or street levels, any proposed
street closings, and any changes which would have to be made to streets
adjoining or near the redevelopment project, including a plan for
financing these changes.
6.
Dwelling Accommodations. The development plan shall contain a statement
of the character of the existing dwelling accommodations, if any,
in the blighted area, and the approximate number of families residing
therein, together with a schedule of the vacancies in such accommodations,
if any, together with the rental demanded therefor.
7.
Housing And Business Relocation. The development plan shall contain
a statement of the housing accommodations available in other locations
and in the City for those persons who will be displaced by the redevelopment
project. The development plan shall set forth a feasible plan for
the relocation of all residents and businesses displaced, including
adequate reimbursement for reasonable relocation costs.
8.
Changes Outside Of Redevelopment Area. The development plan shall
contain a statement of any projects or relocations outside of the
redevelopment area which would be initiated due to the redevelopment
project.
9.
Utility Changes. A statement of the changes, if any, which will be
required in utility sources to accommodate the redevelopment project
and changes, if any, in utility lines, easements or location.
10.
Financing. The development plan shall contain a detailed statement
of the proposed method of financing the redevelopment, including evidence
satisfactory to the Board of Aldermen that sufficient funds or securities
to acquire and clear the land involved are available from such equity
and/or other funds, and that there are sufficient assurances that
the redevelopment project will be further financed to completion.
Such evidence shall include any commitments for leases or purchases,
but in any event shall include evidence of marketability of the redevelopment
project.
11.
Management. The development plan shall contain a statement of the
persons who it is proposed will be active in or associated with the
management of the redevelopment project during a period of at least
one (1) year from the date of the approval of the development plan.
12.
Eminent Domain On Behalf Of Proponents Of The Development Plan. The
development plan shall contain a statement giving the legal description
of the real property, if any proposed to be purchased or acquired
by eminent domain by the City on behalf of the proponents of the development
plan and the reasons why the aid of the City is sought for this purpose.
13.
Assignment Of Development Plan. Appropriate control shall be provided
over the right of assignment of a development plan to any other entity
in order that the Board of Aldermen will be assured that the intention
and purpose of the redevelopment project will, in fact, be carried
out.
14.
Other Information. The development plan, and any application to the
City for approval thereof, may also contain such other statements
or exhibits as may be deemed relevant by the Mayor and Board of Aldermen
or by the proposer thereof.
15.
Economic Impact On Tax Base. If the corporation is requesting tax abatement pursuant to Section 145.110 hereof, the development plan shall contain a statement showing the economic impact of the proposed redevelopment project and its effect upon the existing tax base of the redevelopment area and shall project over the life expectancy any increases or decreases in assessed valuation as a result of the redevelopment project. Such statement shall provide in detail, the terms requested, and the net present value of any revenue lost to each taxing jurisdiction during the life of the project.
16.
Relocation Plan. The development plan shall contain a detailed relocation
plan which complies in all respects with the requirements set forth
in Section 523.200, et. seq., RMSo., as amended, including the name
of the individual or corporation that will manage the relocation arrangements.
[Ord. No. 2021-2, 3-2-2021]
A.
Any
application for approval of a development plan must be supported by
factual and sufficient evidence of blight so that the Board of Aldermen
can make a finding that the redevelopment area is a blighted area.
B.
If
the City's eminent domain authority is proposed to be used, then evidence
must be sufficient for the Board of Aldermen to:
[Ord. No. 2021-2, 3-2-2021]
No proposed development plan shall be accepted for filing unless
it is accompanied by a non-refundable filing fee to the City of one
thousand dollars ($1,000.00) to be used by the City to defray expenses
connected with the evaluation and review of the proposed development
plan. The corporation 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. 2021-2, 3-2-2021]
A.
Promptly
upon the filing of a development plan, the City Clerk shall distribute
copies thereof to the Mayor, Board of Aldermen, and the City Attorney.
The Mayor and Board of Aldermen shall review the development plan
to determine whether it complies with the requirements of this Chapter
and the comprehensive plan of the City. If the development plan fails
to comply with the terms of this Chapter, the City Clerk shall notify
the corporation in writing of the rejection of the development plan
and shall state the reasons for such rejection.
B.
If the Mayor and Board of Aldermen determines that the development plan complies with the requirements of this Chapter and the comprehensive plan the City Clerk shall notify the Board of Aldermen which shall consider the development plan in accordance with Section 145.080 hereto.
C.
If
the development plan fails to conform to the comprehensive plan, the
City may consider an amendment to the comprehensive plan prior to
or concurrently with approval of a development plan.
[Ord. No. 2021-2, 3-2-2021]
A.
Following
receipt of notice to proceed from the City Attorney, the City Clerk
shall publish notice in a paper of general circulation, which shall
serve as notice to all interested parties in the proposed development
plan that a public hearing will be held on a date and time certain,
provided that the public hearing shall not be held less than fifteen
(15) days nor more than thirty (30) days following publication of
the notice provided for in this Section. The public hearing on the
ordinance approving the development plan with the City shall be held
for the purpose of stimulating comment by those to be affected by
such development plan.
B.
In the event a proposed development plan provides for tax abatement or exemption as 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 as provided for in Subsection (A) above. 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 of 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 developed. At the public hearing, all political subdivisions described in this Section shall have the right to be heard on such grant of tax abatement or exemption.
C.
Notwithstanding
anything herein to the contrary, 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 (including the time after
approval of a development plan).
[Ord. No. 2021-2, 3-2-2021]
A.
After
the public hearing has been held upon a development plan, the Board
of Aldermen may, by ordinance:
1.
Unconditionally approve the plan and authorize and direct the Mayor
on behalf of the City to enter into a development agreement with the
proposer thereof; or
2.
Approve the development plan subject to such conditions, exceptions
or restrictions as the Board may deem to be in the public interest.
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If the Board of Aldermen conditionally or unconditionally approves
the development plan, the approval ordinance shall also provide for
expiration of development rights, including the rights of tax abatement,
in the event of failure of the corporation to acquire ownership of
property within the area of the development plan. Such ordinance shall
provide for a duration of time within which such property must be
acquired, and may allow for acquisition of property under the plan
in phases.
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[Ord. No. 2021-2, 3-2-2021]
A.
In
any ordinance approving a development plan, the Board shall make the
following findings and declarations:
1.
That the area included within a development plan is a blighted area,
and that the clearance, redevelopment, replanning, rehabilitation,
or reconstruction thereof is necessary for the public convenience
and necessity.
2.
That, if a corporation requests the City to acquire all or any part
of the real property within a blighted area by exercise of the power
of eminent domain, such acquisition by the exercise of the power of
eminent domain is for the public convenience and necessity.
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.
[Ord. No. 2021-2, 3-2-2021]
A.
The Board of Aldermen may, in its sole discretion, grant tax abatement to any corporation submitting a development plan in accordance with the provisions of this Chapter; provided, however, that any such grant of tax abatement shall not exceed the limitations set forth in this Section 145.110.
1.
The real property of a corporation acquired pursuant to this Chapter
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 of not in excess of ten (10) years after the
date upon which such corporation becomes owner of such real property,
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
assessed valuation of the land, exclusive of improvements, acquired
pursuant to this Chapter and owned by such corporation, as was determined
by the county assessor for taxes due and payable thereon during the
calendar year preceding the calendar year during which the corporation
acquired title to such real property; and the amounts of such tax
assessments shall not be increased during such period so long as the
real property is owned by an urban redevelopment corporation and used
in accordance with the development plan authorized by Board of Aldermen.
2.
In the event, however, that any such real property was tax exempt immediately prior to ownership by any urban redevelopment corporation, such assessor shall, upon acquisition of title thereto by the corporation, promptly assess such land, exclusive of improvements, at such valuation as shall conform to but not exceed the assessed valuation made during the preceding calendar year of other land, exclusive of improvements, adjacent thereto or in the same general neighborhood, and the amount of such assessed valuation shall not be increased during the period set pursuant to Subsection (A)(1) of this Section so long as such real property is owned by such corporation and used in accordance with the development plan and approved by the Board.
3.
For the next ensuing period not in excess of fifteen (15) years,
ad valorem taxes upon such real property shall be measured by the
assessed valuation thereof as determined by such assessor upon the
basis of not to exceed fifty percent (50%) of the true value of such
real property, including any improvements thereon, nor shall such
valuations be increased above fifty percent (50%) of the true value
of such real property from year to year during such next ensuing period
so long as the real property is owned by the corporation and used
in accordance with an authorized development plan.
4.
After a period totaling not more than twenty-five (25) years, 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,
provided that after the completion of the redevelopment project as
authorized by law or ordinance whenever any corporation shall elect
to pay full taxes, or at the expiration of the period, such real property
shall be owned and operated free from any of the conditions, restrictions
or provisions of this Section, the approving ordinance and any rule
or regulation adopted pursuant to this Chapter.
5.
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 or exemption on 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 Board of Aldermen shall furnish
the collector 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. 2021-2, 3-2-2021]
A.
Upon
enactment into law of an ordinance approving a development plan, the
City shall enter into a development agreement with the corporation
pursuant to the terms and conditions set forth in this Chapter and
the ordinance approving the development plan. The form of said development
agreement shall be approved by the City Attorney or special counsel.
B.
A copy
of the development agreement between the City and the corporation
for carrying out 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 prior to the
issuance of any building or demolition permits for such work in the
redevelopment area. 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. 2021-2, 3-2-2021]
A.
Building
Permits. In the event an ordinance approves a development plan for
a redevelopment area, the City shall not issue a building permit for
construction in the redevelopment area unless the building plans are
found to be in substantial compliance with the approved development
plan, as amended, modified, or changed by ordinance. The provisions
of this paragraph shall be enforceable as long as the property in
question is receiving tax abatement pursuant to an approved development
plan.
B.
Investigation.
It shall be the duty of the City Clerk, 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 development agreement
with the City, in the manner and at the times fixed therein for the
performance of the various phases thereof.
C.
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.
[Ord. No. 2021-2, 3-2-2021]
Whenever any person operating under an approved development
plan does not substantially comply with the development plan and/or
development agreement within the time limits and in the manner for
the completion of each stage thereof as therein stated, reasonable
delays caused by unforeseen circumstances beyond his/her control alone
excepted, or shall do, permit to be done, or fail or omit to do anything
contrary to or required of him/her by this Chapter, or shall be about
to do so, permit to be done, or fail or omit to have done, then any
such fact may be certified by the City Clerk to the City Attorney,
who may and is hereby authorized to commence a proceeding in the circuit
court in the name of the City to have such action, failure or omission
or threatened action or omission stopped, prevented or rectified by
injunction or otherwise, or in the name of the City to bring an action
for damages against the corporation for breach of any of the provisions
of the development plan; provided that, if the Mayor and Board of
Aldermen shall determine that a corporation has abandoned construction
before completion of the project in accordance with the terms of an
approved development plan, the real property included in the plan
shall, from that date, be subject to assessment and payment of all
ad valorem taxes based on the true full value of such real property.
[Ord. No. 2021-2, 3-2-2021]
No corporation whose development plan has been approved by the
Board of Aldermen shall violate Section 353.010, RSMo., et seq., regarding
issuance of debt, net earnings, and/or the limitation of earnings.
[Ord. No. 2021-2, 3-2-2021]
The provisions of the Urban Redevelopment Corporations Law 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. 2021-2, 3-2-2021]
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
a legal holiday, in which event the period run until the end of the
next day which is neither a Saturday, Sunday nor a legal holiday.
