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BULLET St. Louis City Revised Code Chapter 11.06 Redevelopment Procedures for Blighted Areas

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 11.06
Redevelopment Procedures for Blighted Areas

Sections:

11.06.010 Statement of public interest.
11.06.020 Definitions.
11.06.030 Proposed ordinance--Referral.
11.06.040 Proposed ordinance--Notification.
11.06.050 Proposed ordinance--Community development commission recommendations.
11.06.060 Effect of enacting ordinance.
11.06.070 Development plan--Filing.
11.06.080 Development plan--Contents.
11.06.090 Community Development Commission--Duties.
11.06.100 Community Development Commission--Rights.
11.06.110 Community Development Commission--Recommendations--Transmittal.
11.06.120 Community Development Commission--Recommendations--Contents.
11.06.130 Community Development Commission--Recommendations--More than one plan.
11.06.140 Major recommendations.
11.06.150 Public hearing.
11.06.160 Time limit for consideration by Board of Aldermen.
11.06.170 Development plan when there is no existing plan.
11.06.180 Eminent domain--Determination.
11.06.190 Eminent domain--Deposit--Required.
11.06.200 Eminent domain--Deposit--Safe deposit box.
11.06.210 Eminent domain--Deposit--Excess.
11.06.220 Eminent domain--Certificate of public convenience and necessity.
11.06.230 Development plan ordinance--Contents.
11.06.240 Agreement--Permits.
11.06.250 Work inspection reports--Contents.
11.06.260 Work inspection reports--Certificate of completion.
11.06.270 Certificate of completion--Review.
11.06.280 Certificate of completion--Discharge of surety.
11.06.290 Certificate of completion--Request denied.
11.06.300 Tax exempt status--Financial statement.
11.06.310 Tax exempt status--Determination.
11.06.320 Tax exempt status--Granting.
11.06.330 Tax exempt status--Denial.
11.06.340 Building permits.
11.06.350 Sale of property.
11.06.360 Urban Redevelopment Corporations Law adopted.
11.06.370 Applicability.

Editor's Note:

References to the city plan commission have been updated editorially to refer to the community development commission.

City Counselor Ops.: 8750, 8774, 9014, 9310, 9501, 9921, 10291, 10309, 10446, 10459

11.06.010 Statement of public interest.

It is determined and declared by the Board of Aldermen that in certain portions of the City obsolete, deteriorating, substandard, insanitary 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, lack of proper sanitary facilities, or the existence of buildings, which, by reason of age, obsolescence, inadequate or outmoded design, or physical deterioration, have impaired the economic value of areas, infecting them with blight, and such areas are characterized by depreciated values, impaired investments, reduced or negligible income and consequent tax delinquencies; that such conditions exist in areas where obsolete, deteriorating, substandard, insanitary, outworn or outmoded industrial, commercial or residential buildings prevail, and the same are conducive to economic and social liabilities, ill health, transmission of disease, infant mortality, juvenile delinquency and crime; that such conditions occur chiefly in areas which are subdivided into small parcels with multiple ownership and frequently with confusion as to titles; that their assembly for purposes of clearance, replanning, rehabilitation, reconstruction and redevelopment is difficult and costly; that the existence of such conditions and the failure to clear, replan, rehabilitate, reconstruct or redevelop these areas results in progressive deterioration, in a loss of population by the areas, causes a wasteful expenditure of public funds for policing, and occasions large outlays for the creation of public facilities and services elsewhere; that it is impossible and uneconomical for individual owners to independently undertake to remedy such conditions; such conditions require the employment of capital on an investment basis, allowing, however, the widest latitude in the amortization of any indebtedness created thereby; that such conditions further require the acquisition of adequate areas, at fair prices, the clearance of such areas through demolition of existing obsolete, deteriorating, inadequate, unsafe or insanitary buildings and the redevelopment of such areas under proper supervision with appropriate planning as to land use, traffic circulation and construction policies; that the clearance, replanning, rehabilitation, reconstruction and 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 that such obsolete, deteriorating, substandard, insanitary and blighted areas constitute a menace to the health, safety, morals and welfare of the citizens of the City. Therefore, the necessity for the provisions herein enacted is hereby declared as a matter of legislative determination to be in the public interest.
(Ord. 49583 1, 1959: 1960 C. 29.010.)

Constitution:

Art. VI 21 Reclamation of blighted, substandard or insanitary areas

V.A.M.S.:

99.300 et seq. Land clearance for redevelopment law

353.010 et seq. Urban redevelopment corporation law

Cases:

The land clearance for redevelopment law does not violate constitutional prohibitions against taking private property for private use without consent of owner. Land Clearance for Redevelopment Authority of City of St. Louis v. City of St. Louis, 270 S.W. 2d 58 (1954).

Redevelopment authority's sale of land to university controlled by religious denominations was lawful. Kintzele v. St. Louis, 347 S.W. 2d 695 (1961).

Convention center, the use of which would not be confined to conventions, was a permitted "commercial" use under urban redevelopment plan. Carr Central Neighborhood v. U.S. Dept. of Housing, 424 F. Supp. 1194 (1976).

Approval of redevelopment plan and grant of eminent domain by ordinance was void for failure of the plan to contain a detailed statement of financing. Maryland Plaza Redevelopment v. Greenberg, 594 S.W. 2d 284 (1979).

Although financing statement in development plan submitted by realtor was somewhat general, it was not so indefinite as to violate the requirement of the redevelopment enabling ordinance that a "detailed statement of the proposed method of financing" be submitted. State ex rel. Devanssay v. McGuire, 622 S.W. 2d 323 (Mo. App. 1981).

Ordinance conferring redevelopment rights upon a developer and granting him power of eminent domain was held valid against contention that use of eminent domain would serve no public purpose, that the ordinances authorized the taking of a fee when a lesser interest would accomplish the purpose, that the development plan on file did not contain a sufficiently detailed statement of financing, and that the redevelopment agreement contained in the ordinance lacked mutuality of obligation. Schweig v. Maryland Plaza Redevelopment Corp., 676 S.W. 2d 249 (Mo. App. 1984).

A writ of prohibition will lie to review the claim that a redevelopment corporation, as condemnor, failed to comply with conditions precedent to the exercise the condemnation power and that if condemnation is improperly granted an appeal would be an inadequate remedy because the condemnor would exercise its rights of possession under state law. State ex rel. Terrell v. Nicholls, 719 S.W. 2d 862 (Mo. App. 1986).

McQuillin:

24.563 et seq.Regulations of housing and urban renewal

11.06.020 Definitions.

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:

A. "Area" means that portion of the City which the legislative authority of the City 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 law. Any such area may include buildings or improvement 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;

B. "Blighted area" means that portion of the City which the Board of Aldermen 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;

C. "City" means the City of St. Louis;

D. "Construction work" means the taking of possession of land, clearance of the area, erection of improvements and all other related matters to effectuate an approved development plan causing the physical rehabilitation, construction, reconstruction and redevelopment of the area;

E. "Corporation" means an urban redevelopment corporation organized and existing under and pursuant to the provisions of the "Urban Redevelopment Corporations Law";

F. "Cost" means the amount stated in the approved development plan which is determined to be the estimated or actual expenses to the Urban Redevelopment Corporation in the redevelopment project and shall include, among other expenses, interest during construction, the estimated or actual expense of demolition of existing structures, the estimated or actual expense of utilities, landscaping and roadways, the estimated or actual expense of construction, equipment and furnishing of buildings and improvements, including architectural, engineering and builder's fees, the estimated or actual expense of reconstruction, rehabilitation, redevelopment, remodeling, or initial repair of existing buildings and improvements, reasonable management and operation expenses until the project is ready for its proposed use, as provided for in the approved development plan, and the estimated or actual expense of improving those portions of the area which are to remain open spaces, together with additional expense incurred as a result of additions to or changes in the development plan where such additions or changes are approved by ordinance;

G. "Development plan" means a plan, together with any amendments thereto, for the development of all or any part of a blighted area;

H. "Real property" includes lands, buildings, improvements, land under water, waterfront property, and any and all easements, franchises and hereditaments, corporeal or incorporeal, and every estate, interest, privilege, easement, franchise and right therein, or appurtenant thereto, legal or equitable, including restrictions of record, created by plat, covenant, or otherwise, rights-of-way, and terms for years;

I. "Redevelopment" means the clearance, replanning, reconstruction or rehabilitation of any blighted area, and the provision for such industrial, commercial, residential or public structures and spaces as may be appropriate, including recreational and other facilities incidental or appurtenant thereto;

J. "Urban Redevelopment Corporations Law" means Chapter 353 of the Revised Statutes of Missouri, 1949, as amended.
(Ord. 49583 2, 1959: 1960 C. 29.020.)

11.06.030 Proposed ordinance--Referral.

Upon the introduction into the board of aldermen of a proposed ordinance declaring an area blighted in the city, such proposed ordinance shall be referred by the clerk of the board of aldermen to the community development commission for study and recommendation.
(Ord. 49583 3 (part), 1959: 1960 C. 29.030.)

Charter:

Art. I 1 (9) Eminent domain

Art. XXI Eminent domain

11.06.040 Proposed ordinance--Notification.

The community development commission shall forthwith, in writing, notify the mayor and the executive director of the Land Clearance for Redevelopment Authority that it has such a bill under consideration.
(Ord. 49583 3 (a), 1959: 1960 C. 29.040.)

11.06.050 Proposed ordinance--Community development commission recommendations.

The community development commission shall transmit its recommendations to the board of aldermen within sixty days after receipt of the proposed ordinance. Provided that any recommendation to declare the area blighted shall contain a determination that the area is blighted as defined by Section 11.06.020 and redevelopment of the area under Chapter 353 of the Missouri Revised Statutes, 1949, as amended, and this chapter is necessary and in the public interest. Provided, however, no referral of a board bill to the community development commission is necessary in the event the introduction of the bill is accompanied by a recommendation containing the above determination from the community development commission.
(Ord. 49583 3(b), 1959: 1960 C. 29.050.)

11.06.060 Effect of enacting ordinance.

In the enactment of an ordinance declaring an area blighted, the board of aldermen shall find that the area is in fact blighted, as "blighted area" is defined in Section 11.06.020, and shall find redevelopment of the area is necessary and in the public interest under Chapter 353 of the Revised Statutes of Missouri, 1949, as amended, and under this chapter.
(Ord. 49583 3(c), 1959: 1960 C. 29.060.)

11.06.070 Development plan--Filing.

Any urban redevelopment corporation desirous of participating in the redevelopment of an area or part of an area designated a blighted area shall file a development plan with the community development commission, provided, however, no development plan shall be considered by the community development commission:

A. Which is not filed within one hundred twenty days following the date the ordinance declaring the area blighted becomes law. Provided, however, that in the event no development plan for all or part of the area is submitted within the said one hundred twenty days' period, then at the time of the submission of a development plan for all or a part of a blighted area, the community development commission shall cause to be published in the city journal notice that such a development plan has been submitted and no other development plan containing all or a part of the common land area covered in such plan shall be considered by the community development commission which is not filed within sixty days after submission of such development plan. Provided, further, nothing contained herein shall be construed as prohibiting the submission of a development plan prior to a declaration of blight.

B. Which does not have attached thereto a certificate from the secretary of state that such corporation submitting the development plan is a lawfully organized and existing Missouri urban redevelopment corporation under and pursuant to the Urban Redevelopment Corporation Law.
(Ord. 56474, 1, 1973: prior Ord. 49583 4, 1959: 1960 C. 29.070.)

City Counselor Ops.: 9323, 9454

11.06.080 Development plan--Contents.

A development plan shall contain:

A. A general description and preliminary design plan of the proposed project showing the proposed land use and traffic circulation;

B. A legal description of the development area by metes and bounds or other definite designation;

C. A statement of the various stages, if more than one is intended, by which the development is proposed to be constructed or undertaken, and with the approximate time limit for the commencement and completion of each stage, together with a legal description by metes and bounds or other definite designation of the real property to be included in each stage;

D. A statement of the existing buildings or improvements in the development area to be demolished immediately, if any;

E. 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 which the demolition, if any, of each such building or improvement is to take place;

F. 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;

G. A statement of the type, number, and character of each new industrial, commercial, residential or other building or improvement to be erected or constructed;

H. 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 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;

I. A statement of those portions, if any, of the blighted area which are proposed to be sold, donated, exchanged or leased to the board of education, public library board, art commission or any other public agency, and an outline of the terms of such proposed sale, donation, exchange or lease;

J. A statement of the proposed changes, if any, in zoning ordinances or maps, necessary or desirable for the redevelopment, and its protection against blighting influences;

K. A statement of the proposed changes, if any, in existing easements in streets or street levels, and any proposed street closings;

L. 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 accommodations, if any, together with the rentals demanded where such vacancies exist;

M. A statement of the proposed plan for the relocation of those families who will be displaced by the development project;

N. A statement of the character, type and quality of construction, approximate number of units, approximate rentals and approximate date of availability of the proposed dwelling accommodations, if any, to be offered during the construction by each stage, if so, and upon completion of the redevelopment;

O. A detailed statement of the proposed method of financing the redevelopment which shall set forth the estimated cost of the project, as defined in Section 11.06.020F, and the proposed sources of funds, debt and equity, to meet such estimated cost.

P. 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;

Q. A statement giving the legal description of the real property owned or under option or contract of purchase, if any, or where known to be acquired by eminent domain;

R. 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 is sought for this purpose;

S. A statement listing any real property in public use and belonging to the City, county, state or any political subdivision thereof, together with the consent of such authority to the acquisition of such property;

T. A statement that the developer and its heirs, assigns and successors admit the language, intent and purpose regarding fair employment practices as presently contained in the provisions of Ordinance No. 47957 apply to the plan, that it will be bound thereby and will comply with the terms and spirit of said ordinance;

U. A statement that the developer and its heirs, assigns and successors will, at all times, make all facilities in the developed area available to the general public without regard to race, religion, color or national origin;

V. The development plan shall also contain such other statements or exhibits as may be deemed relevant by the Community Development Commission or by the proposer thereof.
(Ord. 58073 1, 1980; Ord. 49583 5, 1959: 1960 C. 29.080.)

Editor's Note:

Ordinance 47597 was repealed by Ordinance 51617.

Section 2 of Ord. 58073 provided:

Section Two. Any Development Plan heretofore approved by ordinance may, upon application to and approved by the Board of Aldermen, be amended so as to comply with the provisions of Section One herein.

Cases:

Failure of redevelopment plan to contain a statement as to the proposed use of subject property was a violation of the procedural requirements of this chapter. Maryland Plaza Redevelopment v. Greenberg, 594 S.W. 2d 284 (1979).

Although financing statement in development plan submitted by realtor was somewhat general, it was not so indefinite as to violate the requirement of the redevelopment enabling ordinance that a "detailed statement of the proposed method of financing" be submitted. State ex rel. Devanssay v. McGuire, 622 S.W. 2d 323 (Mo.App. 1981).

Ordinance conferring redevelopment rights upon a developer and granting him power of eminent domain was held valid against contention that use of eminent domain would serve no public purpose, that the ordinance authorized the taking of a fee when a lesser interest would accomplish the purpose, that the development plan on file did not contain a sufficiently detailed statement of financing, and that the redevelopment agreement contained in the ordinance lacked mutuality of obligator. Schweig v. Maryland Plaza Redevelopment Corp., 676 S.W. 2d 249 (Mo.App. 1984).

City Counselor Ops.: 9861

11.06.090 Community Development Commission--Duties.

Upon submission to the Community Development Commission of a development plan for study and recommendation the Community Development Commission shall:

A. Forthwith notify in writing the Mayor, the Board of Aldermen, and the Executive Director of the Land Clearance for Redevelopment Authority that a development plan has been submitted for consideration;

B. Transmit the development plan to the Executive Director of the Land Clearance for Redevelopment Authority for their study and recommendation pursuant to an agreement entered into between the City and the Land Clearance for Redevelopment Authority made in pursuance of ordinance duly enacted therefor by the City.
(Ord. 49583 6 (1), 1959: 1960 C 29.090.)

11.06.100 Community Development Commission--Rights.

The Community Development Commission may:

A. Transmit with instructions where necessary all or a portion of the development plan to any department or commission of the City with a request for study and recommendation;

B. Request in writing to the Urban Redevelopment Corporation any additional information relative to any facet of the development plan. In the event the Urban Redevelopment Corporation fails to supply the requested information within fifteen days from date of request the Corporation's development plan shall be disqualified from further consideration; provided, however, upon written request of the Urban Redevelopment Corporation an additional time may be granted by the Community Development Commission. Nothing contained herein shall be construed as in any manner prohibiting any person or persons assigned to study a development plan from consulting with officers and employees of the Urban Redevelopment Corporation relative to the development plan;

C. Make additional rules and regulations which may be deemed necessary by said Commission for furthering the intent of this chapter.
(Ord. 49583 6 (II), 1959: 1960 C. 29.100.)

11.06.110 Community Development Commission--Recommendations--Transmittal.

The recommendation of the Community Development Commission shall be transmitted to the Mayor and to the proper committee of the Board of Aldermen within ninety days from the last date on which a development plan for the particular blighted area may be submitted and at no other time. Provided, however, in the event more than one development plan covering the same common land area, in whole or in part, is transmitted to the Community Development Commission then the analysis, reports and recommendations concerning all development plans shall be submitted on the same date.
(Ord. 49583 7 (I), 1959: 1960 C. 29.110.)

11.06.120 Community Development Commission--Recommendations--Contents.

The recommendation of the Community Development Commission shall contain a determination of the following conditions and state the reasons therefor:

A. Whether the public purpose as declared in this chapter will be effectuated by the development plan;

B. Whether the development plan is in the public interest;

C. Whether the development plan will be in accord with the overall redevelopment of the blighted area;

D. Whether the development plan is consistent with the comprehensive plan for City;

E. Whether the size of the area proposed by the development plan will allow a practical and economically satisfactory development;

F. Whether the stages, if any, by which reconstruction of the area is proposed by the development plan will allow a practical and economically satisfactory development;

G. Whether housing accommodations are or will soon be elsewhere available for all families who will be displaced by the redevelopment project and the development plan will accomplish such purpose;

H. Whether public facilities, including, but not limited to school, fire, water, sewer, police, transportation, park, playground and recreation, and other utilities private or public are presently adequate, or will be adequate, at the time the redevelopment is ready for use to service the area;

I. Whether the proposed changes, if any, in zoning ordinances or maps are necessary or desirable for the redevelopment of the area and its protection against blighting influences and for the City as a whole;

J. Whether the proposed changes, if any, in streets and street levels or any proposed street closings are necessary or desirable for the redevelopment of the area and its protection against blighting influences and for the City as a whole;

K. The estimated cost of acquisition of real property, if any, which it is proposed the City will acquire for proponents of the development plan, by the exercise of the power of eminent domain.
(Ord. 49583 7 (II), 1959: 1960 C. 29.120.)

11.06.130 Community Development Commission--Recommendations--More than one plan.

In the event more than one development plan containing the same common land area in whole or in part is submitted to the Community Development Commission then, in such event, the recommendation shall:

A. Include the above determinations as to each plan;

B. Contain a comparative analysis of the development plans based on the above determinations;

C. Discuss in detail the conclusions drawn from the said comparative analysis;

D. Recommend which development plan, if any, is best suited to the public interest.
(Ord. 49583 7 (III), 1959: 1960 C. 29.130.)

11.06.140 Mayor recommendations.

After consideration of the transmitted plan by the Mayor and the proper committee of the Board of Aldermen, a conference between them shall be had to discuss, determine and resolve if possible, all matters relevant to the plan wherein a disagreement is found to exist between the Mayor and the Committee or any of its members, following which and within forty-five days after the transmission provided in Section 11.06.110, the Mayor shall transmit his recommendations thereon to the Board of Aldermen and may therein:

A. Make additional recommendations giving his reasons therefor;

B. Traverse the recommendation, analysis or report of the Community Development Commission in whole or in part giving his reasons therefor;

C. Make suggestions and recommend changes in any plan which has been disapproved by the Community Development Commission.
(Ord. 49583 8, 1959: 1960 C. 29.140.)

City Counselor Ops.: 8593, 9547

11.06.150 Public hearing.

Upon introduction of a bill having as its subject matter a development plan into the Board of Aldermen, the committee to which such bill is properly referred to for consideration may hold a public hearing thereon. If a public hearing is called or held, the entire cost of publishing notice of said hearing will be paid by the Urban Redevelopment Corporation which has sponsored or the urban redevelopment corporations which have sponsored the redevelopment plan or plans which is or are embodied in the bill or bills for which the hearing is held.
(Ord. 56474 2, 1973: prior Ord. 49583 9, 1959: 1960 C. 29.150.)

11.06.160 Time limit for consideration by Board of Aldermen.

Any bill having as its subject matter a development plan shall be considered and acted upon by the Board of Aldermen within six (6) months from the date said bill was introduced in the Board of Aldermen. Any development plan which has not been acted upon by the Board of Aldermen within the said six (6) months' period, shall be taken as denied by the Board of Aldermen.
(Ord. 49583 10, 1959: 1960 C. 29.160.)

City Counselor Ops.: 9562

11.06.170 Development plan when there is no existing plan.

In the event there is a blighted area or portion of a blighted area where no development plan or plans for such an area's redevelopment is under consideration by the Community Development Commission, the Mayor or the Board of Aldermen by reason of the Board of Aldermen's failure to act or its act or acts disapproving any such transmitted development plan or plans, then any urban redevelopment corporation desirous of participating in the redevelopment of such a blighted area or part of such a blighted area shall file a development plan with the Community Development Commission; provided, however, no development plan shall be considered by the Community Development Commission:

A. Which is not filed within one hundred twenty (120) days after submission of the first development plan under the provisions of this section to the Community Development Commission covering the same common land area, in whole or in part, provided that at the time of the submission of the first development plan under this section the Community Development Commission shall cause to be published in the City journal notice that such a development plan has been submitted;

B. Which does not fully comply with the provisions and requirements set forth and contained in Section 11.06.070.

The submission of a development plan under this section shall be considered and recommendations made in the same manner as provided in this chapter for a development plan submitted under the provisions of Section 11.06.070.
(Ord. 49583 11, 1959: 1960 C. 29.170, 29.180.)

11.06.180 Eminent domain--Determination.

The Board of Aldermen may determine it is in the public interest and serves the public purpose as expressed in this chapter that the power of eminent domain be used by the City or the Urban Redevelopment Corporation or both in acquisition of all or part of the real property included in a development plan.
(Ord. 49583 12 (part), 1959: 1960 C. 29.190.)

Cases:

Where a developer failed to provide property owners with notice as required by the ordinance granting it the power of eminent domain, it was not authorized to condemn the property owner's holdings. State ex rel. Terrell v. Nicholls, 719 S.W.2d 862 (1986).

11.06.190 Eminent domain--Deposit--Required.

In the event that the Board of Aldermen shall determine it is in the public interest that the City acquire by eminent domain or otherwise all or part of the real property in the area included in the development plan and for the purpose expressed in the development plan then the Urban Redevelopment Corporation shall deposit in escrow with the Comptroller a sum of money in cash, a negotiable cashier's check or checks or negotiable federal or municipal securities equal to the estimated cost as determined in the ordinance approving the development plan within ten (10) days after said ordinance becomes law. The term "cost" as used in this section and as herein defined includes all expenditures made by the City under this section, including services of the City law department, what is paid for such real property, appraisals, abstract, title and recording fees, court costs, witness fees, expenses incurred by the Board of Public Service and all other expenses of acquiring such property.
(Ord. 49583 12 (a part), 1959: 1960 C. 29.200.)

11.06.200 Eminent domain--Deposit--Safe deposit box.

All securities deposited in escrow with the Comptroller shall be promptly placed by him in a safe deposit box under the joint control of the Comptroller and the City Treasurer.
(Ord. 49583 12 (a part), 1959: 1960 C. 29.210.)

11.06.210 Eminent domain--Deposit--Excess.

In the event the deposit of the estimated costs exceeds the final actual cost of acquisition as defined herein then the balance of the deposit shall be used to satisfy in part or in full any legal obligation which the Urban Redevelopment Corporation may owe the City. Any balance thereafter remaining shall be returned to the Urban Redevelopment Corporation within thirty (30) days after a final determination, judicial or otherwise, and payment thereof of the price to be paid for the real property. Provided further, upon payment of all costs to the City by the Urban Redevelopment Corporation, the City shall by quitclaim deed, convey all real property acquired by it through eminent domain or otherwise to the Urban Redevelopment Corporation.
(Ord. 49583 12 (a part), 1959: 1960 C. 29.220.)

11.06.220 Eminent domain--Certificate of public convenience and necessity.

In the event the Board of Aldermen shall determine it is in the public interest that the Urban Redevelopment Corporation be granted the authority and power to acquire real property and incidents thereto pertaining within the area included in the development plan by eminent domain, the Board of Aldermen shall grant a certificate of public convenience and necessity to said corporation authorizing and empowering the said corporation to acquire by eminent domain or otherwise all or any part of the real property for the purpose expressed in the development plan in the area included in the development plan. Such corporation shall have the authority and powers of eminent domain as set forth in Section 353.130, paragraph 3, of the Missouri Revised Statutes of 1949.
(Ord. 49583 12 (b), 1959: 1960 C. 29.230.)

11.06.230 Development plan ordinance--Contents.

Every ordinance approving a development plan shall contain:

A. A finding and declaration that the development plan is in the public interest;

B. A provision for liquidated damages to be assessed in favor of the City upon the failure of the Urban Redevelopment Corporation to complete the development project within the time agreed upon by parties;

C. A provision setting forth such performance bond, completion assurance agreement, or other surety or security requirements as the Board of Aldermen may determine to be appropriate in respect of the feasibility of the particular project, taking into account the proposed financing arrangements therefor and the interest or involvement therein, directly or indirectly, of the City or any federal, state or local agency, department, bureau, authority, commission or similar public entity. Any existing ordinance heretofore approving a development plan may be amended consistent herewith. The references to discharge of the surety on the performance bond as provided for in Section 11.06.280 and Section 11.06.290 shall be deemed to mean and shall include such other or alternative surety or security requirements as may be provided for under this subsection in any ordinance approving a development plan or in any amendment to an existing ordinance as herein provided;

D. A provision limiting the use of the area included in the development plan to that use described in the approved development plan for a period not less than twenty-five (25) years;

E. An acceptable relocation plan for the families displaced by the development plan;

F. A provision determining the necessity for the granting of the power of eminent domain and in the event such necessity is found to exist, the granting of such power pursuant to Sections 11.06.180--11.06.220;

G. A provision that the developer and its heirs, assigns and successors admit the language, intent and purpose regarding fair employment practices as presently contained in the provisions of Ordinance No. 47957 apply to the plan, that it will be bound thereby and will comply with the terms and spirit of said ordinance;

H. A provision that the developer and its heirs, assigns and successors will, at all times, make all facilities in the development area available to the general public without regard to race, religion, color or national origin;

I. Other matters which are required by this chapter or deemed necessary and in the public interest.
(Ord. 58073 3, 1980; Ord. 49583 13, 1959: 1960 C. 29.240.)

Editor's note:

Ordinance 47957 was repealed by Ordinance 51617.

City Counselor Ops.: 9861

11.06.240 Agreement--Permits.

Upon enactment into law of an ordinance approving a development plan:

A. The City shall enter into an agreement with the Urban Redevelopment Corporation pursuant to the terms and conditions set forth in this chapter and the ordinance approving the development plan. The form of said agreement shall be approved by the law department of the City;

B. The urban redevelopment corporation shall obtain all necessary permits as prescribed by law and perform other necessary acts as required by this chapter or the ordinance approving the development plan.
(Ord. 49583 14, 1959: 1960 C. 29.250.)

City Counselor Ops.: 9562, 9861

11.06.250 Work inspection reports--Contents.

Upon enactment into law of an ordinance approving a development plan the president of the board of public service shall assign the duty of inspecting the construction work on the project to the departments which by law have jurisdiction over the type of construction or which have jurisdiction over public facilities which are directly or indirectly affected by the construction of the development project. Any department which is assigned to so investigate shall make a written report to be filed with the president of the board of public service. Such report shall contain the following:

A. General description of the progress and type of work surveyed;

B. The stages of the development plan which have been completed and whether construction work in progress will meet the time limits of the stages set forth in the aforesaid agreement;

C. Such other information the president of the board of public service may require by rules and regulations;

D. Such other information the department deems necessary and relevant.
(Ord. 49583 15 (part), 1959: 1960 C. 29.260.)

11.06.260 Work inspection reports--Certificate of completion.

Such reports shall be filed six months from the date of assignment and every six months thereafter. The president of the board of public service may at his discretion require interim reports. A copy of all reports shall be filed with the clerk of the board of aldermen. The urban redevelopment corporation may, from time to time, request certification of completion of the stages in the development plan approved by ordinance. Upon granting a certificate of completion for a stage of construction and development, the president of the board of public service may recommend that the amount of the performance bond or such other surety or security as may be required under Section 11.06.230C be reduced proportionately to the remaining cost.
(Ord. 58073 4, 1980: Prior Ord. 49583 15 (part), 1959: 1960 C. 29.270.)

City Counselor Ops.: 8822

11.06.270 Certificate of completion--Review.

Upon the written request of the urban redevelopment corporation to the president of the board of public service that said president issue a certificate of completion of the project, said president shall review all inspection reports submitted and may make an additional investigation he shall deem necessary.
(Ord. 49583 16 (part), 1959: 1960 C. 29.280.)

11.06.280 Certificate of completion--Discharge of surety.

In the event that the president of the board of public service determines the project has been completed in substantial compliance with the approved development plan then the president shall notify the comptroller of this decision within thirty days. The comptroller shall forthwith discharge the surety on the performance bond.
(Ord. 49583 16 (a), 1959: 1960 C. 29.290.)

11.06.290 Certificate of completion--Request denied.

In the event that the president of the board of public service determines that the project has not been completed, then the president shall transmit notice by registered mail, return receipt requested, to the corporation stating the reasons for the finding that there has not been substantial compliance; provided, however, failure to so notify the urban redevelopment corporation within thirty days after receipt of the said written request shall be deemed a certification of completion and upon presentation of such evidence to the comptroller, the comptroller shall forthwith discharge the surety on the performance bond.
(Ord. 49583 16 (b), 1959: 1960 C. 29.300.)

11.06.300 Tax exempt status--Financial statement.

An urban redevelopment corporation whose development plan has been approved by ordinance and who desires to obtain the benefits of tax exemption status contained in Section 353.110 RSMo. 1949, shall file with the comptroller a financial statement prepared by a certified public accountant, as follows:

A. Such statement shall be filed annually within 180 days following the close of said corporation's fiscal year, and the first such statement shall be filed for such corporation's fiscal year ending in the calendar year next following the calendar year in which the ordinance approving the development plan became law.

B. The financial statement shall:

1. Follow an accepted accounting procedure,

2. Contain an operating profit and loss statement,

3. Contain other information the comptroller by rule or regulation, shall require,

4. Be duly attested to by the president and the treasurer of said corporation as an accurate and truthful representation of the said corporation's financial condition.
(Ord. 58073 5, 1980; Ord. 49583 17 (a, b), 1959: 1960 C. 29.310.)

City Counselor Ops.: 8822, 9655, 9756, 9862

11.06.310 Tax exempt status--Determination.

The comptroller shall review all financial statements submitted to him. He shall determine the net income of the urban redevelopment corporation and shall determine whether the accumulation of surplus net earnings as defined by law, if any, is being handled as provided by law.

In the event such corporation's net income is not more than the maximum allowed by law or in the event the corporation's net income during any year is more than the maximum allowed by law and the accumulation of surplus net earnings is being handled as provided by law, then the comptroller shall certify to the assessor of the city on or before April 1 of each year following the years the statement was required to be submitted under this section, that the urban redevelopment corporation is eligible for the tax exemption provisions contained in the "Urban Redevelopment Corporation Laws" and found in 353.110 RSMo. 1949, as amended.

In the event the corporation's net income is more than the maximum allowed by law, and the surplus is not being handled as provided by law, then the comptroller shall certify to the assessor of the city on or before April 1 of the year following the year in which the statement was required to be submitted under this section that such corporation is not eligible under the tax exemption provisions contained in Section 353.110 of the "Urban Redevelopment Corporation Laws."
(Ord. 49583 17 (c), 1959: 1960 C. 29.320.)

City Counselor Ops.: 9655, 9862

11.06.320 Tax exempt status--Granting.

In the event that the certification grants tax exemption status, in whole or in part, to property owned by the urban redevelopment corporation under Section 353.110 RSMo., the assessor shall forthwith reassess, in whole or in part, the property of the urban redevelopment corporation.
(Ord. 49583 17 (d), 1959: 1960 C. 29.330.)

City Counselor Ops.: 9655, 9862

11.06.330 Tax exempt status--Denial.

In the event that certification states that tax exempt status cannot be granted to the urban redevelopment corporation, then the assessor shall forthwith assess all property of the urban redevelopment corporation at its true value as provided by law.
(Ord. 49583 17 (e), 1959: 1960 C. 29.340.)

City Counselor Ops.: 8822, 9655, 9862

11.06.340 Building permits.

In the event an ordinance approves a development plan for an area, then the building commissioner shall not issue a building permit for construction in the area unless the building plans are found by the president of the board of public service to be in substantial compliance with the approved development plan as amended, modified or changed by ordinance, if so, for a period of twenty-five years from the date the ordinance approving the development plan becomes law.
(Ord. 49583 18, 1959: 1960 C. 29.350.)

City Counselor Ops.: 9655, 10474

11.06.350 Sale of property.

In the event the urban redevelopment corporation shall by sale or as otherwise provided in Section 353.150, Paragraph 4, RSMo. 1949, dispose of its real property in whole or in part, acquired by it pursuant to an approved development plan, then the assessor of the city shall assess all such property at its true value as provided by law. Provided, however, in the event the board of aldermen determine that the purchaser or subsequent owner of such property is operating, maintaining and using such property in accordance with the approved development plan, then the board of aldermen may grant partial tax relief as provided in Section 353.150, Paragraph 4, RSMo. 1949, to the purchaser or subsequent owner of such property.
(Ord. 49583 19, 1959: 1960 C. 29.360.)

City Counselor Ops.: 9655

11.06.360 Urban Redevelopment Corporations Law adopted.

The provisions of the "Urban Redevelopment Corporations Law" found at Chapter 353 RSMo. 1949, as amended, are hereby accepted.

There is hereby incorporated by reference all of the provisions of the "Urban Redevelopment Corporations Law" found at Chapter 353 RSMo. 1949, as amended. All such provisions shall apply where applicable to any persons or corporations acting under this chapter.
(Ord. 49583 21 (part), 1959: 1960 C. 29.380.)

City Counselor Ops.: 9655

11.06.370 Applicability.

Nothing contained in this chapter shall be construed to apply in any manner whatsoever to "The Housing Authorities Law" found at Chapter 99, Revised Statutes of Missouri, 1949, as amended, or to the "Land Clearance for Redevelopment Authority Law" found at Chapter 99, Revised Statutes of Missouri, 1957, Cumulative Supplement. However, the provisions of Section 11.06.300--11.06.350 shall be applicable to all redevelopment corporations heretofore or hereafter organized, pursuant to Chapter 353 Revised Statutes of Missouri, actually or purportedly using, operating and maintaining real property or real properties in accordance with any development plan approved by the board of aldermen under the provisions of Chapter 99 of the Revised Statutes of Missouri or under Chapter 353 of the Revised Statutes of Missouri. Failure of any redevelopment corporation to comply with the provisions of Sections 11.06.300--11.06.350 on or before December 31, each year, shall subject such real property or real properties to taxation at its true value in money for such ensuing year.
(Ord. 51446 1, 1962: prior Ord. 49583 21 (part), 1959: 1960 C. 29.390.)

City Counselor Ops.: 8774, 9655

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