HomeMy Public PortalAboutORD10255 BILL N0.
SPONSORED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING
CHAPTER 23 BY DELETING SECTIONS 23-47 THROUGH 23-79, PERTAINING
TO URBAN REDEVELOPMENT CORPORATIONS, AND ENACTING IN LIEU
THEREOF 28 NEW SECTIONS PERTAINING TO THE SAME SUBJECT
MATTER.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI , AS FOLLOWS:
Section 1:
Chapter 23 of the City Code is hereby amended by repealing
Sections 23-47 through 23-79 and enacting in lieu thereof 28
sections, which shall read as follows:
Sec. 23-47. Determination of necessity for legislation.
It is hereby determined and declared by the council :
(1) That in certain portions of the city obsolete,
decadent, substandard, or blighted areas exist
occasioned by inadequate planning, excessive land
coverage, lack of proper light, air or open space,
defective design or arrangement of buildings, or
the existence of buildings, which by reason of
age, obsolescence, inadequate or outmoded design,
or physical deterioration, have impaired the economic
value of large areas, infecting them with blight;
and
(2) That such areas are characterized by depreciated
values, impaired investments, reduced or negligible
income and consequent tax delinquencies;
(3) That such conditions exist in areas where obsolete,
decadent, substandard, outworn or outmoded industrial ,
commercial , or residential buildings prevail ;
(4) That their assembly for purposes of clearance,
® replanning, rehabilitation, reconstruction, and
redevelopment may be difficult and costly ;
(5) That the existence of such condition and the
failure to clear, replan, rehabilitate, reconstruct,
or redevelop these areas results in progressive
deterioration, and occasions large outlays for the
creation of public facilities and services else-
where;
(6) That it is desirable to induce private capital
investments to alleviate these conditions and
redevelop these areas but that sometimes it is
impossible or uneconomic for individual owners to
independently undertake to remedy such conditions;
(7) That such conditions require the employment of
capital on an investment basis, allowing however,
that widest latitude in the amortization of any
indebtedness created thereby;
(8) That such conditions further require the acquisition
of adequate areas, at fair prices, the clearance
of such areas through demolition of existing obsolete,
decadent, inadequate, or unsafe buildings and the
redevelopment of such areas under proper supervision
with appropriate planning as to land use and construction
policies; and
(9) The clearance, replanning, rehabilitation, recon-
struction, and land redevelopment of such areas on
a large scale basis are necessary for the public
welfare and are public uses and purposes for which
private property may be acquired by purchase or
eminent domain; and
(10) That such obsolete, decadent, substandard, and
blighted areas constitute a menace to the citizens
of the city.
Therefore, the necessity for the provisions in this article
is hereby declared as a matter of legislative determination
to be in the public interest.
(Ord. No. 9752, § 1(37-1) , 3-1-82)
Sec. 23-48. Application of The Urban Redevelopment
Corporation Law.
The provisions of the Urban Redevelopment Corporations
Law, found in Chapter 353, Revised Statutes of Missouri, are
hereby accepted and shall apply to all persons and corporations
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operating under this chapter insofar as the same may be
applicable thereto.
(Ord. No. 9752, § 1(37-2) 9 3-1-82)
Sec. 23-49. Definitions.
The following terms whenever used or referred to in
this article shall, unless a different intent clearly appears
from the context, be construed to have the following meanings:
Area shall mean that portion of the city which the city
council 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
ordinance. Any such area may include buildings or improve-
ments 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.
Authority shall mean the Housing Authority of the City
of Jefferson.
Aft Blighted area shall mean those portions of the city
which the council shall determine, that by reason of age,
obsolescence, inadequate or outmoded design, or physical
deterioration, have become economic and social liabilities
and that the conditions in such localities are conducive to
ill health, public safety, transmission of disease, crime,
or inability to pay reasonable taxes.
Commission shall mean the Planning and Zoning Commission
of the City .
Corporation shall mean an urban redevelopment corporation
organized under and pursuant to the provisions of The Urban
Redevelopment Corporations Law.
Development cost shall mean the amount determined by
the commission or the authority to be the actual cost of
redevelopment, or of that part thereof for which such
determination is made. The term shall include, among other
costs, the reasonable expenses of planning the redevelopment,
including preliminary studies and surveys, neighborhood
planning, and architectural and engineering services; the
reasonable value of the services performed in connection
with the development plan; interest during construction; the
actual cost of the real property or any part thereof where
acquired partly or wholly in exchange for securities; the
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Ip actual cost of demolition of existing structures; the actual
cost of utilities, landscaping and roadways; the actual cost
of construction, equipment and furnishings of buildings and
improvements including architectural , engineering, and
builders' fees; the actual cost of reconstruction, rehabilita-
tion, redevelopment, remodeling, or initial repair of existing
buildings and improvements; reasonable management and operation
costs until the redevelopment is ready for use; and the
actual cost of improving those portions of the area which
are to remain open spaces, together with such additions to
development costs as shall equal the actual cost of additions
to or changes in the redevelopment in accordance with the
original development plan or after approved changes therein
or amendments thereto.
Development plan shall mean a plan, together with any
amendments, for the redevelopment of all or any part of a
blighted area.
Mortgage shall mean a mortgage, trust indenture, deed
of trust, building and loan contract, or other instrument
creating a lien on real property, to secure the payment of
an indebtedness, and the indebtedness secured by any of
them.
Person shall mean any individual , firm, partnership,
joint venture, association, corporation (except an urban
redevelopment corporation organized pursuant to the pro-
visions of The Urban Redevelopment Corporations Law) , whether
organized for profit or not, 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.
Real property shall include lands, buildings, improvements,
land under water, waterfr6nt' property, any and all easements,
franchises and hereditaments, corporeal or incorporeal,
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.
Redevelopment shall mean 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.
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ANIL
Redevelopment project shall mean a specific work or
improvement to effectuate all or any part of a development
plan.
Urban Redevelopment Corporation Law shall mean Chapter
353 of the Revised Statutes of Missouri and any amendments
thereto.
Urban renewal plan shall mean a plan for urban renewal
established pursuant to Chapter 99, RSMo, and filed of
record, which plan is in effect at the time the development
plan is submitted.
(Ord. No. 9752, § 1(37-3) , 3-1-82)
Sec. 23-50. Application for approval of preliminary
development plan.
Any corporation seeking approval of a development plan
must file with the authority and with the director of planning
and code enforcement an application for approval of a pre-
liminary development plan. Such application shall contain:
(1) A legal description of the area to which the
preliminary development plan pertains;
(2) A conceptual plan for the area to which the
preliminary development plan pertains including
the proposed uses of the area and the general
location and density of those uses;
(3) A general description of the properties and
improvements within the area to which the
preliminary development plan pertains which the
corporation proposes to acquire, proposes to
demolish, and proposes to rehabilitate;
(4) Evidence that the area to which the preliminary
development plan pertains is a blighted area;
(5) Evidence that the corporation is duly formed under
the Urban Redevelopment Corporations Law;
(6) Evidence that the corporation has the financial
ability to undertake the implementation of the
proposed development plan.
(Ord. No. 9752, § 1(37=4) , 3-1-82)
Sec. 23-51. Hearing on preliminary development plan.
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(a) A hearing shall be held on the preliminary development
plan not later than forty-five (45) days after the filing of
the application.
(1) The hearing shall be held before the authority
whenever any portion of the area to which the plan
pertains lies within an area that is subject to an
urban renewal plan.
(2) The hearing shall be held before the commission
whenever no portion of the area to which the plan
pertains lies within an area that is subject to an
urban renewal plan.
(b) Within a reasonable time after the filing of an
application for approval of a preliminary development plan,
but in no case greater than twenty (20) days thereafter, the
authority or the commission - as appropriate - shall set the
date for a public hearing regarding the application.
(Ord. No. 9752, § 1(37-5) , 3-1-82)
Sec. 23-52. Notice of hearing on preliminary plan.
The corporation shall provide notice of the hearing at
least fifteen ( 15) days prior to the scheduled hearing date.
The notice shall state that an application for approval of a
preliminary development plan has been filed, shall give the
date of the scheduled hearing, and shall also contain a
legal description of the property to which the preliminary
development plan pertains. The notice shall be posted conspicuously
in at least five (5) locations accessible to the public
within the area to which the preliminary development plan
pertains. The notice shall also be published in a newspaper
doing business in the city.
(Ord. No. 9752, § 1(37-6) , 3-1-82)
Sec. 23-53. Submission of other applications for develop-
ment.
Once an application for approval of a preliminary develop-
ment plan has been filed by a corporation, no other application
which pertains in whole or in part to the area included in
the preliminary development plan first filed, shall be considered
by the authority, the commission or the city council unless
the application is filed within sixty (60) days after sub-
mission of the preliminary development plan first filed. If
the authority, the commission or the city council disapproves
the application first filed, and such other applications as
may be filed pursuant to this section, other applications
may then be filed for the area to which the preliminary
development plan first filed pertains.
(Ord. No. 9752, § 1(37-7) , 3-1-82)
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Sec. 23-54. Determination on preliminary plan.
The authority or commission, as appropriate, shall make
a report to the city council within sixty (60) days after
receipt of the preliminary development plan or plans filed.
If the authority is the entity approving the plan, it shall
send a copy of the report and plan to the commission for its
approval or disapproval of those aspects of the plan which
require action by the commission. Said report shall state
the opinion of the authority or commission as to whether the
area to which the preliminary development plan or plans
pertain or any portion thereof is a blighted area and
whether the plan or plans further the purposes of this
article. If the authority or commission is considering more
than one plan, it may, but is not required to, recommend one
Plan over others.
(Ord. No. 9752, § 1(37-8) , 3-1-82)
Sec. 23-55. Council determination on plan.
(a) The city council shall determine whether all or
any part of the area to which the preliminary development
plans pertain are blighted as defined by section 23-49.
(b) If the city council determines that only a portion
of an area is blighted, it may allow the applying corporation
a reasonable amount of time to prepare and submit revised
preliminary development plans for the area determined to be
blighted.
(c) If the city council determines that the entire
area to which the preliminary development plan pertains is
blighted, it shall proceed to determine whether to approve
the plan, and if there are several plans, which plan to
approve. The city council may approve a plan if it finds
that it will further the purposes of this article. Prior to
determining whether to approve or disapprove the preliminary
development plan, the council may request that the corpora-
tion make revisions of the preliminary development plan.
(Ord. No. 9752, § 1(37-10) , 3-1-82)
Sec. 23-56. Date for submission of final development
plan.
If the city council approves a preliminary development
plan, it shall then set a date for submission of a final
development plan by the corporation which will allow the
corporation a reasonable time to submit its final develop-
ment plan, but in no case greater than one hundred twenty
(120) days from the date of city council approval of the
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® preliminary development plan. For good cause shown, the
council may extend the time for submission of the final
development plan.
(Ord. No. 9752, § 1(37-11) , 3-1-82)
Sec. 23-57. Effect of approval of preliminary develop-
ment plan.
If the city council approves a preliminary development
plan, the authority, the commission, and the city council
may not consider any other corporation' s proposed preliminary
development plan for all or any part of the area to which
the approved preliminary development plan pertains until the
occurrence of the earlier of the following events:
(1) The corporation whose preliminary development plan
was approved consents to such consideration; or
(2) The corporation whose preliminary development plan
was approved fails to submit a final development
plan in the time required by section 23-56; or
(3) The city council disapproves the final development
Aft plan submitted by the corporation whose preliminary
development plan was approved.
(Ord. No. 9752, § 1(37-12) , 3-1-82)
Sec. 23-58. Filing of final development plan; contents.
(a) On or before the date set in the approval of the
preliminary development plan for submission of a final develop-
ment plan, or any extensions of said date, the corporation
shall submit its final development plan to the commission
and the authority . The final development plan shall conform
to the extent feasible to the preliminary development plan.
If the final development plan does not substantially conform
to the preliminary development plan, the final plan shall
contain a statement of the reasons for non-conformance.
(b) The final development plan shall contain:
(1) A legal description of the development area by
metes and bounds, or other definite designation,
along with a listing of ownership interests in
each described parcel .
(2) A statement of the various stages, if more than
one is intended, by which the development is pro-
posed to be constructed or undertaken, and the
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approximate time limit for the completion of each
stage, together with a legal description of the
real property to be included in each stage. This
statement shall also contain a time schedule
clearly setting forth reasonable times for start
and completion of :
a. Acquisition of properties,
b. Demolition of buildings,
c. Construction of new improvements.
The time schedule shall be accompanied by a certificate
that .the corporation agrees, as a consideration
for approval of the plan, that after approval of
the plan it will in good faith attempt to purchase
by negotiation any given property within the project
area within one hundred eighty (180) days following
a request, in writing, by the property owner to
the corporation that he desires to proceed with
the sale of the property, and that it will , if a
sale of the property cannot be consummated within
said period, proceed forthwith to file a proceeding
in condemnation after the one hundred eighty (180)
days have elapsed. Nothing contained in this
provision is intended to preclude the initiation
of condemnation proceedings prior to the expiration
of the one hundred eighty (180) day period.
(3) A statement of the existing buildings or improvements
in the redevelopment area to be demolished, if
any;
(4) A statement of existing buildings or improvements
in the development area not to be demolished
immediately, if any, and the approximate period of
time during the demolition, if any, of such building
or improvement is to take place;
(5) A statement of the proposed improvements, if any,
to each building not to be demolished immediately,
any proposed repairs or alterations to such buildings,
and the approximate period of time during which
such improvements, repairs or alterations are to
be made;
(6) A statement of the type, number or character of
each new industrial , commercial , residential , or
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other building or improvement to be erected or
made;
(7) A statement of those portions, if any, of the
blighted 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) A statement of those portions, if any, of the
redevelopment area which are proposed to be sold,
donated, exchanged, or leased to the board of
education, public library board, or other public
agency, and an outline of the terms of such proposed
sale, donation, exchange, or lease;
(9) 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;
(10) A statement of the proposed subdivisions or re-
subdivisions necessary for the redevelopment plan;
(11) A statement of the proposed changes, if any, in
streets or street levels, all proposed street
closings, and all changes which would have to be
made to streets adjoining or near the redevelop-
ment project including a plan for financing these
changes;
(12) A statement of proposed changes, if any, in public
facilities and easements, including, but not limited
to, school, fire, water, sewer, utilities, police,
transportation, park, playground, and recreation,
and commentary indicating that these facilities
are presently adequate, or will be adequate at the
time the redevelopment is ready for use, to service
the area;
(13) A statement of the character of the existing dwelling
accommodations, if any, in the blighted area, the
approximate number of families residing therein,
together with a schedule of the rentals being paid
by them, and a schedule of the vacancies in such
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accommodations, if any, together with the rentals
demanded therefor, and a schedule of the owner-occupied
buildings;
(14) A statement of the housing accommodations available
in other locations 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 reimbursements for
reasonable relocation costs;
(lb) A statement of the character, type, quality of
construction, approximate number of units, approximate
rentals, and approximate date of availability of
the proposed dwelling accommodations, if any, to
be furnished during construction and upon completion
of redevelopment;
(16) A statement of any projects or relocations outside
of the area of the redevelopment project which
would be initiated due to the redevelopment project;
(17) A detailed statement of the proposed method of
financing the redevelopment; including but not
limited to evidence satisfactory to the city council
that sufficient funds or securities are immediately
available and will be used for financing of the
entire development proposed and will remain avail-
able until the particular development is started,
and evidence satisfactory to the city council that
the amount necessary to acquire and clear the land
involved is available from such equity and/or
other funds;
a. Such evidence must be reconfirmed annually
until completion of the project by a certificate
filed with the city administrator.
b. Such evidence shall include any commitments
for leases or purchases but, in any event,
shall include evidence of marketability of
the development proposed.
(18) 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 year from the date of the approval of
the development plan;
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(19) A statement giving the legal description of the
real property owned, or proposed to be purchased
or to be acquired by eminent domain, and the
reasons why acquisition by condemnation is
proposed;
(20) A statement giving the legal description of the
real property, if any, proposed to be purchased or
acquired by eminent domain by the city in behalf
of the proponents of the development plan, and the
reasons why the aid of the city if sought for this
purpose;
(21) A statement that the redevelopment corporation
shall not assign its rights under the development
plan without the prior written consent of the city
council, and that in the event of assignment of
all or any part of the plan, the corporation shall
remain liable for the acquisition and clearance of
the blighted areas;
(22) The development plan and all applications for
approval thereof, may also contain such other
statements or exhibits as may be deemed relevant
by the city council, the commission, the authority
or the proponents.
(Ord. No. 9752, § 1(37-13) , 3-1-82)
Sec. 23-59. Determinations prior to approval of development
plan.
A final development plan shall not be recommended by
the authority or the commission, as appropriate, until and
unless it shall determine:
(1) That the area within which the redevelopment is to
be made is blighted, and that redevelopment in
accordance with the development plan is necessary
or advisable to effectuate the public purposes
declared in section 23-47;
(2) That the development plan is in accordance with
the comprehensive plan of the city;
(3) That the various stages, if any, by which the
redevelopment is proposed to be constructed or
undertaken, as stated in the development plan, are
practicable and in the public interest;
® (4) That housing accommodations are or will soon be
elsewhere available for all persons who will be
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displaced by the redevelopment project, and that
no undue hardship to such persons will be caused
thereby ;
(5) That public facilities, including but not limited
to school , fire, water, sewer, police, transportation,
park, playground, and recreation are presently
adequate, or will be adequate at the time the
redevelopment is ready for use, to service the
area;
(6) That the proposed changes, if any, in zoning
ordinances or maps and in streets and street
levels or any proposed street closings, are
necessary or desirable for the redevelopment and
its protection against blighting influences, and
for the city as a whole; and
(7) The estimated cost of acquisition of real property
which it is proposed the city will acquire for the
proponents of the development plan, by the exercise
of the power of eminent domain; however, this
shall only be done upon an additional payment of
such funds as are necessary to reimburse the city
for any expenses of any kind which it shall incur
in developing these cost estimates. The director
of planning and code enforcement shall establish
regulations for the implementation of this section.
(Ord. No. 9752, § 1(37-16) , 3-1-82)
Sec. 23-60. Council hearing and notice regarding final
development plan.
After receipt of the authority' s or the commission' s
recommendation, as appropriate, the city council shall set a
date for a public hearing on the final plan within a reasonable
time. At least ten (10) days prior to the hearing, the
corporation shall provide notice of the hearing by first
class mail to each record owner of real property within the
area to which the final development plan pertains, and to
record owners of real property contiguous with, or separated
by public street or alley , from the area to which the final
plan pertains. The corporation shall also publish the notice
in a newspaper doing business in the city at least ten (10)
days prior to the hearing date.
(Ord. No. 9752, § 1(37-17, 3-1-82)
Sec. 23-61. Council hearing and determination on final
plan.
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(a) At the public hearing, any interested person and
the applicant corporation may be heard. After the public
hearing, the council may:
(1) Unconditionally approve the plan and authorize the
mayor on behalf of the city to enter into a contract
with the corporation;
(2) Approve the plan subject to conditions or restrictions,
and authorize the mayor on behalf of the city to
enter into a contract with the corporation;
(3) Require the corporation to make changes in the
plan for resubmission to the council, or to, the
authority or the commission (whichever served
as the original reviewing entity) ;
(4) Disapprove the plan.
(b) Council approval of the plan shall be by ordinance.
If council approves the plan, then council shall authorize
the mayor to enter into a contract on behalf of the city
with the proposer or proposers of the plan, such contract to
contain the provisions as embodied in the plan and the approving
ordinance, a provision that the applicable provisions of
this chapter shall be incorporated by reference into such
contract, and a provision that the terms, conditions, or
provisions of the contract can be neither modified nor eliminated
except by mutual agreement between the city council and the
proposer or proposers of the plan.
(Ord. No. 9752, § 1(37-18) 9 3-1-82)
Sec. 23-62. Council findings for plan approval .
The city council may approve a plan only if it makes
the same findings as required in section 23-59.
(Ord. No. 9752, § 1(37-19) 9 3-1-82)
Sec. 23-63. Certificate of public convenience and
necessity for corporation to acquire property by eminent
domain.
If the corporation proposing a development plan seeks
to acquire by eminent domain in its own name all or any part
of the real property described in the development plan, the
council may by the ordinance approving such plan determine
that the public convenience and necessity will be served by
the development plan and redevelopment project, and may
grant to such corporation a certificate of public convenience
and necessity authorizing and empowering such corporation to
acquire by the exercise of eminent domain such real property
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In fee simple or other estate; provided that such real property
shall be devoted to the purposes and used subject to the
conditions described in the development plan. Such corporation
may thereafter exercise the power of eminent domain in the
manner provided for corporations in Revised Statutes of
Missouri, or it may exercise the power of eminent domain by
the manner provided by any other applicable statutory pro-
vision. Property already devoted to a public use may be
acquired in like manner, provided that no real property
belonging to the city or to the state, and any political
subdivision thereof may be acquired without its consent.
(Ord. No. 9752, § 1(37-20) 9 3-1-82)
Sec. 23-64. Terms of contract.
The contract between the city and the corporation shall
incorporate the provisions of the development plan, and in
addition to such other terms as are appropriate, may include
the following provisions:
(1) A provision which prohibits assignment of the
corporation' s rights under the development plan
except on the terms and conditions set forth in
the contract;
(2) A provision which requires the corporation to
negotiate in good faith for the purchase of
property to be acquired, and that property shall
not be condemned until a negotiated purchase has
been attempted;
(3) A provision setting forth the amount and terms of
any tax abatement for the real property to which
the development plan pertains;
(4) Provisions setting forth the property, if any, the
corporation will dedicate to the city or other
Public agencies for public use;
(5) Provisions setting forth any improvements the city
will provide or construct in conjunction with the
development plan;
(6) Provisions requiring the corporation to submit
periodic reports to the city regarding the progress
of the project, the financial condition of the
corporation, and the availability of equity or
loan financing for future stages of the develop-
ment plan;
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(7) A provision limiting the net earnings of the
corporation in the manner specified in the Urban
Redevelopment Corporations Law;
(8) Provisions setting forth the remedies for breach
of the contract by the city or the corporation,
and remedies for failure of the corporation to
complete development in the time and manner
specified in the contract and final development
plan.
(Ord. No. 9752, $ 1(37-21) , 3-1-82)
Sec. 23-65. Amendment of final plan.
If the city council approves a final development plan,
that plan shall not thereafter be amended without compliance
with the requirements for approval of a final plan. (Ord.
No. 9752, § 1(37-22) , 3-1-82)
Sec. 23-66. Fees.
A corporation which applies for approval of a preliminary
or final development plan may be charged a reasonable non-
refundable fee by the authority or the commission, whichever
is the initial reviewing entity, for processing of the applica-
tion. Such fee shall not exceed five hundred dollars ($500.00)
for a preliminary development plan and one thousand dollars
($1, 000. 00) for a final development plan. The exact fee
shall be set by council .
(Ord. No. 9752, $ 1(37-23) , 3-1-82)
Sec. 23-67. Deposit when city acquires property for
corporation.
(a) If the corporation proposing a development plan
seeks to have the city acquire by eminent domain or otherwise,
and thereafter clear all or any part of the real property
described in the development plan, such corporation shall at
the time hereinafter provided deposit in escrow with the
city, subject to the provisions of this ordinance and regula-
tions established by the director of planning and code en-
forcement, a sum of money in cash or negotiable federal or
municipal securities of a cash market value equal to the
cost estimated by the commission to be incurred by the city
in acquiring, or, if the clearance thereof is also sought,
in acquiring and clearing such real property.
(b) The term "cost" as used in this section and section
23-68 means all expenditures by the city, including what is
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paid for such real property and the clearance thereof, appraisal ,
abstract, title and recording fees, court costs, witness
fees, fees of the city, authority or commission, and all
other expenses of acquiring and clearing such property .
(c) All securities deposited in escrow with the city
shall be promptly placed in a safe deposit box.
(Ord. No. 9752, § 1.(37-25) , 3-1-82)
Sec. 23-68. Acquisition, resale of property by city .
(a) Within ten (10) days after the council shall have
approved any development plan calling for the acquisition by
the city by the exercise of the power of eminent domain or
otherwise of all or any part of the real property described
therein, the corporation submitting such plan shall deposit
in escrow with the city the cash amounts or securities re-
quired by section 23-67. The council may provide that the
city acquire such property and procure the fee simple title
thereto by purchase, by the exercise of the power of eminent
domain, or by other means. The payment therefor by the
city, in whole or in part, may be made out of the general
funds of the city, or in whole or in part, by general
obligation bonds. The city shall then proceed to acquire
such real property in accordance with such ordinance. When-
ever any real property, land, easement, right-of-way, use,
or right of any character is taken or damaged by the city
for such purpose, just compensation shall be paid to the
owner thereof in accordance with the laws applicable thereto.
(b) After acquiring the title to such real property,
the city shall sell to the corporation such real property
and all interest therein for the purpose of redevelopment,
as hereinafter provided, subject to such restrictions,
exceptions, and conditions as may be recommended by the
authority or commission (depending upon whichever is the
initial reviewing entity) , or which the council deems to be
in the public interest. The property shall be sold for a
price not less than its "cost, " as defined in section 23-67.
(c) The deposit shall be applied upon the purchase
price, and the city shall give due credit therefor. When
such deposit is represented by securities, the city shall
immediately sell the same at the current market price thereof
at private sale for cash and apply the proceeds to the selling
price of such real property . If such deposit should prove
to be insufficient to equal the actual cost to the city of
such real property when such cost is determined after purchase,
or by action of a condemnation jury, or otherwise, as the
case may be, then such corporations shall make an additional
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deposit with the city upon ten ( 10) days' written notice
from the city of a sum of money in cash equal to such additional
acquisition cost as so determined. If the corporation fails
to make such additional deposit, the city may, at its option,
thereupon repeal the ordinance providing for the acquisition
of such real property and dismiss the pending condemnation
proceedings, if any . In such last event, the expenses of
such uncompleted acquisition and condemnation proceedings,
if any, shall be charged to and paid by the person or corporation
so making such deposit and the amount thereof shall be withheld
by the city from the funds or securities deposited in escrow
and applied by the city' to the payment of such expenses.
The balance of such funds and securities so deposited in
escrow shall then be returned to the owner thereof . Sale of
such securities may be made only upon order of the council
by resolution or ordinance.
(d) In the event the deposit exceeds the final cost of
acquisition, the balance shall be used to satisfy in part or
in full legal obligations which the corporation may owe the
city. Any balance thereafter remaining shall be returned to
the corporation within thirty (30) days after a final deter-
mination, judicial or otherwise, and payment thereof of the
price to be paid for the real property.
Ash (Ord. No. 9752, § 1(37-25) , 3-1-82)
Sec. 23-69. Financial restrictions on corporation.
(a) No corporation whose development plan has been
approved by the council shall :
(1) Issue income debentures, bonds, notes, or other
evidences of debt bearing or paying an interest
rate in excess of the rate of interest allowed by
law.
(2) Pay any interest on its income debentures or
dividends on its stock, regardless of class or
preference, during any dividend year unless there
shall exist at the time of such payment no default
under any amortization requirements with respect
to its indebtedness, nor unless all accrued interest,
taxes, and other public charges shall have been
duly paid or reserves set up for the payment thereof,
and adequate reserves provided for depreciation,
obsolescence and other proper reserves.
(b) The net earnings of a corporation whose development
plan has been approved by the council shall be limited to an
amount not to exceed the rate of return allowed by law of
® the cost to such corporation of the redevelopment project
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including the cost of the land or the balance of such total
cost of the project as reduced by amortization payments;
provided that the net earnings derived from any redevelopment
project shall in no event exceed the rate of return allowed
by law upon the entire cost thereof. Such net earnings
shall be computed after deducting from gross earnings the
following:
(1) All reasonable costs and expenses of maintenance
and operation.
(2) Amounts paid for taxes, assessing, insurance premiums,
and other similar charges.
(3) An annual amount sufficient to amortize the cost
of the entire project at the end of the period,
which- shall be not more than sixty (60) years from
date of completion of the project.
(Ord. No. 9752, § 1(37-26) , 3-1-82)
Sec. 23-70. Disposition of surplus earnings of corporation.
The development plan may, upon approval of the council ,
contain provisions that the surplus earnings provided under
section 23-69:
(1) May be held by the corporation as a reserve for
maintenance of such rate of return in the future
and may be used by the corporation to offset any
deficiency in such rate of return which may have
occurred in prior years; or
(2) May be used to accelerate the amortization
payments; or
(3) May be used for the enlargement of the project; or
(4) May be used for reduction in rentals therein.
At the termination of the tax relief granted pursuant to
section 23-72, the urban redevelopment corporation shall
make a strict accounting of surplus earnings and shall turn
over to the city any excess of such surplus earnings not
previously used as provided in paragraph ( 1) , (2) , (3) , or
(4) of this section.
(Ord. No. 9752, § 1(37-27) , 3-1-82)
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Sec. 23-71 . Accounting practices.
Every corporation operating under this article shall
establish and maintain depreciation, obsolescence, and other
reserves; also surplus and other accounts, including a reserve
for the payment of taxes according to recognized standard
accounting practices.
(Ord. No. 9752, § 2(37-28) , 3-1-82)
Sec. 23-72. Tax relief for redevelopment corporations.
(a) The real property of a corporation acquired pursuant
to this article 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
up to ten ( 10) years as set out in the development plan
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 the assessed valuation of
the land, exclusive of improvements acquired pursuant to
this chapter and owned by such corporation, as was determined
by the assessor of the county, for taxes due and payable
thereon during the calendar year preceding the calendar year
Agh during which the corporation acquired title to such real
property. The amounts of such tax assessments shall not be
increased by the city or by the state or any political sub-
division thereof during such ten-year period so long as the
real property is owned by an urban redevelopment corporation
and used in accordance with a development plan authorized by
the council .
(b) If any such real property was tax exempt immediately
prior to ownership by any such corporation, the city shall
immediately request such county assessor to promptly assess
such land, exclusive of improvements, in accordance with the
provisions of Section 353. 110, Revised Statutes of Missouri .
The amount of such assessed valuation so fixed by the county
assessor shall not be increased by the city or by the state
or any political subdivision thereof during the ten-year
period next following the date upon which such corporation
acquired ownership thereof, so long as such real property is
owned by an urban redevelopment corporation and used in
accordance with the development plan authorized and approved
by the council .
(c) For the next ensuing period of up to fifteen ( 15)
years as set out in the development plan, all ad valorem
taxes upon such real property shall be measured by the assessed
valuation thereof as determined by the city upon the basis
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of not to exceed fifty ( 50) percent of the true value of
such real property, including any improvements thereon. Nor
shall such valuations be increased over fifty (50) percent
of the true value of such real property from year to year
during the period of up to fifteen ( 15) years, so long as
such real property is owned by an urban redevelopment
corporation and used in accordance with an authorized
development plan.
(d) After such periods established in the development
plan, such real property shall be subject to assessment by
the city and payment of all ad valorem taxes based on the
full true value of the real property . Such property shall
be owned and operated by the urban redevelopment corporation
free from the conditions, restrictions, and provisions of
this article, the approving ordinance, and any rule or regu-
lation adopted pursuant to this article; provided that at
any time after the completion of the redevelopment project
as authorized by ordinance the urban redevelopment corporation
may elect to pay a sum equivalent to the amount of the general
ad valorem taxes, not including interest or penalties, which
would have been levied on the full value of the property
from the date of the completion of the project. From that
date, such real property shall be owned and operated by the
urban redevelopment corporation free from the conditions,
restrictions, and provisions of this chapter, the approving
ordinance, and any rule or regulation adopted pursuant to
this article.
(e) In the course of considering any development plan
for approval, the authority, the commission, and the city
council shall give particular recognition to any agreement,
in writing, on behalf of the corporation presented such plan
that, notwithstanding the provisions of the Missouri Redevelopment
Corporations Law, it will make payments in lieu of real
property taxes to the appropriate taxing bodies.
(f) An urban redevelopment 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 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 any urban
redevelopment 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 this section 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 ordinance
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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
redevelopment plan, the council may grant the partial tax
relief provided in this section. If such real property
shall be used for a purpose different than that described in
the redevelopment plan, or if the purchaser does not desire
the property to continue under the redevelopment plan, the
real property shall be assessed for ad valorem taxes upon
the full true value of the real property and may be owned
and operated free from any of the conditions, restrictions,
or provisions of this article.
(Ord. No. 9752, S 1(37-29) , 3-1-82)
Sec. 23-73. Authority or commission to check compliance,
make reports, adopt rules and regulations.
(a) It shall be the duty of the authority or commission
(depending upon whichever was the initial reviewing entity) ,
after a final development plan has been approved by the city
council , to investigate and determine from time to time
during construction of the development project whether the
corporation undertaking such development plan is fully com-
plying with the provisions thereof in the manner and at the
times fixed therein for the performance of the various stages
thereof. .
(b) It shall also be the duty of the authority or
commission (depending upon whichever was the initial reviewing
entity) to make reports from time to time during the con-
struction of the redevelopment project, and at least every
six (6) months to the council regarding each redevelopment
project and the performance or compliance with each development
plan, and also as to compliance with the provisions of this
article by any corporation operating thereunder.
(c) The city council 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 step or portion thereof.
(d) When a corporation operating under an approved
development plan shall have completed the redevelopment
project 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 authority
or commission (depending upon which entity conducted the
initial review) upon the written request of such corporation,
shall conduct an investigation. If that entity determines
that the project has been so completed, it shall recommend
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Ash
to the city council that a certificate of full compliance be
issued to such corporation. The city council may authorize
the authority or commission to issue a certificate of compliance.
The investigations and reports of the authority and
commission required by subsections (a) and (b) of this section
shall not be required or made subsequent to the date of
issuance of such certificate. However, every such corporation
shall render annually to the director of finance, during the
existence of the tax relief period provided in section 23-
72, three (3) copies of its financial report, including a
certified audit prepared by a certified public accountant
for the preceding year. This report shall disclose the
earnings of the corporation and the disposition of any net
earnings in excess of those provided for under section 23-68,
and the interest rate on income debentures, bonds, notes, or
other evidences of debt of the corporation. The director of
finance shall review the financial report of the corporation
and thereafter he shall file with the city council and the
authority and commission the said financial report, accompanied
by his opinion, as to compliance by the corporation with
section 23-68. The corporation shall pay to the city a
reasonable fee each year for this financial review and report.
The fee shall be not less than one hundred dollars ($100.00)
and shall be specified in the contract between the city and
the corporation.
(Ord. No. 9752, § 1(37-30) , 3-1-82)
Sec. 23-74. Remedies for failure to follow plan.
(a) Whenever any person or corporation operating under
an approved development plan does not substantially comply
with the development plan within the time limits and in the
manner for the completion of each stage thereof as therein
stated, reasonable delays caused by unforseen circumstances
beyond their control alone excepted, or shall do, permit to
be done anything contrary to this chapter, or fail , or omit
to do anything required of it by this article, 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 authority
or commission (depending upon which entity conducted the
initial review) to the city administrator, who may recommend
that the city counselor commence a proceeding in the circuit
court in the name of the city to have such action, failure,
omission, 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 urban
redevelopment corporation for breach of any of the provisions
of the urban redevelopment plan. In the event the authority
or commission (as appropriate) shall determine that a
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NW corporation has abandoned construction before completion of
the project in accordance with the terms of an approved
development plan, the real property included in such 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.
(b) Whenever any person or corporation operating under
an approved development plan does not substantially comply
with the development plan within the time limits and in the
manner for the completion of each stage thereof as therein
stated, reasonable delays caused by unforseen circumstances
beyond their control alone excepted, or shall do, permit to
be done anything contrary to this chapter, or fail or omit
to have done, then the authority or commission (depending
upon which entity conducted the initial review) may hold a
hearing to determine whether it should recommend revocation
of the approval of the final plan. The authority or commission,
as appropriate, shall then send its recommendation to the
city council which may then hold a hearing to determine
whether it approval of the final plan should be revoked.
If the city council revokes its prior approval of the final
plan, then any property included in such plan shall from
that date be subject to assessment and payment of all ad
Aft valorem taxes based on the true full value of such real
property, and the authority, commission and city council
shall be able to consider new plans for that property .
(Ord. No. 9752, § 1( 37-31) , 3-1-82)
Sec. 23-75. Power of city to acquire, clear, develop,
sell sites.
The city may :
(1) Acquire by the exercise of the power of eminent
domain, or otherwise, an area designated on any
master or comprehensive plan of the city as a
redevelopment or urban renewal area;
(2) Clear any such real property and install , con-
struct, and reconstruct street, utilities and any
and all other city improvements necessary for the
preparation of such area for use in accordance with
the provisions of this article; and
(3) Sell such real property for use in accordance with
the provisions of this article.
(Ord. No. 9752, § 1(37-32) , 3-1-82)
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Sec. 23-76. Grants, loans from United States and state.
The city or any person or corporation may accept grants
or loans of money from the government of the United States
or the state or any departments or agencies thereof to
effectuate the purposes of this article.
(Ord. No. 9752, § 1(37-33) , 3-1-82)
Sec. 23-77. Plan approval does not substitute for
commission actions.
Approval of the preliminary and final plans does not
constitute rezoning, subdividing, or any other act requiring
action by the commission and the city council under the
provisions of Chapter 89, RSMo. , or under the provisions of
any ordinance enacted pursuant to Chapter 89, RSMo.
Section 2:
This ordinance shall be in full force and effect from
and after its passage and approval .
Z�
Passed ^,�Q �-�� Approved ley
ey
--TEd P
iding Off er Mayor
ATT T:
City Clerk
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