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BULLET St. Louis City Ordinance 65498

St. Louis City Ordinances have 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. There may be maps or illustrations (graphics) that are not available in this format. These are unofficial versions and should be used as unofficial copies.

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



FLOOR SUBSTITUTE
BOARD BILL NO. [01] 338

INTRODUCED BY ALDERMAN LEWIS REED

AN ORDINANCE AFFIRMING ADOPTION OF A REDEVELOPMENT PLAN AND REDEVELOPMENT PROJECT; AUTHORIZING THE EXECUTION OF A REDEVELOPMENT AGREEMENT WITH NEAR SOUTHSIDE IMPROVEMENT CORPORATION; PRESCRIBING THE FORM AND DETAILS OF SAID AGREEMENT; AND AUTHORIZING OTHER RELATED ACTIONS IN CONNECTION WITH THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN A REDEVELOPMENT AREA.

WHEREAS, the City of St. Louis, Missouri (the "City"), is a body corporate and a political subdivision of the State of Missouri, duly created, organized and existing under and by virtue of its charter, the Constitution and laws of the State of Missouri; and

WHEREAS, on December 20, 1991, pursuant to Ordinance No. 62477, the Board of Aldermen of the City created the Tax Increment Financing Commission of the City of St. Louis, Missouri (the "TIF Commission"); and

WHEREAS, the TIF Commission is duly constituted according to the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the "TIF Act"), and is authorized to hold public hearings with respect to proposed redevelopment areas and redevelopment plans and to make recommendations thereon to the City; and

WHEREAS, at the direction of the Board of Aldermen, staff and consultants have prepared a plan for redevelopment titled "Amended Lafayette Square Historic District TIF Redevelopment Plan" dated October 19, 2001, as further amended (the "Redevelopment Plan"), for an area generally bounded by Chouteau Avenue on the North, the alley between Dolman and Grattan Streets on the East, Kennett Place on the South, and Mississippi Avenue and Mackay Place on the West (the "Redevelopment Area"), which Redevelopment Area is more fully described in the Redevelopment Plan; and

WHEREAS, Near Southside Improvement Corporation (the "Developer"), in response to the City’s solicitation of proposals from developers, submitted its development proposal dated October 19, 2001, (the "Redevelopment Proposal"), for redevelopment of the Redevelopment Area; and

WHEREAS, on October 31, 2001, after all proper notice was given, the TIF Commission held a public hearing in conformance with the TIF Act, and received comments from all interested persons and taxing districts relative to the Redevelopment Area, the Redevelopment Plan, the Redevelopment Project and the Redevelopment Proposal; and

WHEREAS, on December 21, 2001, after due consideration of the TIF Commission’s recommendations and after proper notice of certain amendments to the proposed redevelopment plan that did not enlarge the exterior boundaries of the Redevelopment Area and do not substantially affect the general land uses established in the Redevelopment Plan or substantially change the nature of the Redevelopment Project identified in the Redevelopment Plan, the City adopted Ordinance No. 65380 (the "Approving Ordinance"), which Approving Ordinance (i) designated as a "redevelopment area" a certain portion of the City (the "Redevelopment Area"), (ii) approved a redevelopment plan entitled "Amended Lafayette Square Historic District TIF Redevelopment Plan" (the "Redevelopment Plan"), (iii) approved the redevelopment project described in the Redevelopment Plan (the "Redevelopment Project"), (iv) adopted tax increment allocation financing within the Redevelopment Area, and (v) established the "Lafayette Square Historic District Special Allocation Fund" for the Lafayette Square Historic District Redevelopment Project" all as set forth in the Approving Ordinance and in accordance with the requirements of the Act; and

WHEREAS, pursuant to the TIF Act, the City is authorized to enter into a Redevelopment Agreement (the "Redevelopment Agreement") with the Developer setting forth the respective rights and obligations of the City and the Developer with regard to redevelopment of the Redevelopment Area; and

WHEREAS, the Board of Aldermen hereby determines that: (1) acceptance of the Redevelopment Proposal, as amended, revised, clarified and articulated in the Redevelopment Agreement; and (2) redevelopment of the Redevelopment Area; and (3) acceptance and execution of the Redevelopment Agreement are necessary and advisable and in the best interests of the City and the health, safety, morals and welfare of its residents and in accord with the public purposes specified in the Redevelopment Plan and the TIF Act.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. LOUIS, MISSOURI, AS FOLLOWS:

Section 1. The Board of Aldermen hereby ratifies and confirms its adoption of the Redevelopment Plan and Redevelopment Project. The Board of Aldermen further finds and determines that it is necessary and desirable to enter into the Redevelopment Agreement with the Developer in order to implement the Redevelopment Project and to enable the Developer to carry out its proposal for development of the Redevelopment Project.

Section 2. The Board of Aldermen hereby approves, and the Mayor and Comptroller are hereby authorized and directed to execute, on behalf of the City, the Redevelopment Agreement between the City and the Developer, and the City Register is hereby authorized and directed to attest to the Redevelopment Agreement and to affix the seal of the City thereto. The Redevelopment Agreement shall be in substantially the form attached hereto as Exhibit A, with such changes therein as shall be approved by the officers of the City executing the same and as may be consistent with the intent of this Ordinance and necessary, desirable, convenient or proper in order to carry out the matters herein authorized.

Section 3. The Mayor and Comptroller or their designated representatives are hereby authorized and directed to take any and all actions to execute and deliver for and on behalf of the City any and all additional certificates, documents, agreements or other instruments as may be necessary, desirable, convenient or proper in order to carry out the matters herein authorized. The Mayor and Comptroller or their designated representatives are hereby further authorized and directed to make any changes to the documents and instruments approved and authorized by this Ordinance as may be consistent with the intent of this Ordinance and necessary, desirable, convenient or proper in order to carry out the matters herein authorized.

Section 4. It is hereby declared to be the intention of the Board of Aldermen that each and every part, section and subsection of this Ordinance shall be separate and severable from each and every other part, section and subsection hereof and that the Board of Aldermen intends to adopt each said part, section and subsection separately and independently of any other part, section and subsection. In the event that any part, section or subsection of this Ordinance shall be determined to be or to have been unlawful or unconstitutional, the remaining parts, sections and subsections shall be and remain in full force and effect, unless the court making such finding shall determine that the valid portions standing alone are incomplete and are incapable of being executed in accord with the legislative intent.

Section 5. Be it further ordained that all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
Clerk, Board of Aldermen Vice President, Board of Aldermen

Approved: Date:
Mayor

Truly Engrossed and Enrolled

______________________________________
Chairman

EXHIBIT A

Form of Redevelopment Agreement

(Attached hereto.)

Legislative History
1ST READING REF TO COMM COMMITTEE COMM SUB COMM AMEND
02/15/02 02/15/02 HUDZ
2ND READING FLOOR AMEND FLOOR SUB PERFECTN PASSAGE
03/15/02 04/15/02 04/15/02
ORDINANCE VETOED VETO OVR SIGNED BY MAYOR
65498 05/01/02

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