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HomeMy WebLinkAboutOrd.176.09-05-1984BILL NO. 84-79 ORDINANCE NO. AN ORDINANCE APPROVING THE FINAL DEVELOPMENT PLAN OF THE CAPE GIRARDEAU REDEVELOPMENT CORPORATION SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE CORPORATION WHEREAS, the Cape Girardeau Redevelopment Corporation has submitted its final development plan; and WHEREAS, the Planning and Zoning Commission held a public hearing on June 13, 1984, notice of which was properly given in accordance with Chapter 27A of the Code of Ordinances of the City of Cape Girardeau, Missouri, and has recommended that the plan be approved subject to certain conditions and restrictions; and .WHEREAS, the City Council held a public hearing on July 9, 1984, notice of which was properly given in accordance with Chapter 27A of the Code of Ordinances of the City of Cape Girar- deau, Missouri; and WHEREAS, the City Council has elected to approve the final development plan submitted by the Cape Girardeau.Redevelopment Corporation subject to certain conditions and restrictions; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. The City Council finds that: (a) The redevelopment called for in the final development plan is advisable -to effectuate the purposes of this chapter; (b) The final development plan is consistent with the Master Plan of the City; (c) No persons will be displaced by the redevelopment project; (d) Public facilities including but not limited to school, fire,. water, sewer and police services, as well as, transportation, parks, playgrounds and recreation facilities are adequate or will be adequate to service the area at the time that the redevelopment is ready for use; (e) The proposed changes in the Zoning Ordinance and streets are desirable for the redevelopment and its protection against blighting influences and for the City as a whole. ti 4 t .SECTION 2. The final development plan submitted by the Cape Girardeau Redevelopment Corporation consisting of a document prepared by Booker Associates, Inc. titled "'Final Development Plan Downtown Cape Girardeau" and dated December.30, 1983 and a document prepared by Carl Lehne and Henderson Gantz Architects titled "Downtown Cape", both of which are on file with the City Clerk, is hereby approved subject to the conditions and restric- tions set forth in the Contract between the City and the Cape Girardeau Redevelopment Corporation which is attached to this ordinance and made a part hereof. SECTION 3. The Mayor, on behalf of the City of Cape Girar- deau, Missouri, is hereby authorized to enter into the Contract with the Cape Girardeau Redevelopment Corporation, a copy of which is attached to this ordinance and made a part hereof. SECTION 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 198. ATTEST: �Ca CITY CLERK MAYOR CONTRACT This Contract, made and entered into this day of , 1984, by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter re- ferred to as "City" and the Cape Girardeau Redevelopment Cor- poration, a corporation organized under the Urban Redevelopment Corporations Law of Missouri, hereinafter referred to as "Cor- poration." City and Corporation agree as follows: 1. This Contract, together with the laws of the State of Missouri and the ordinances of the City of Cape Girardeau, shall govern the redevelopment of the downtown area of Cape Girardeau, referred to herein as the development area, and more particularly described as follows: Beginning at a point at the intersection of the centerline of Bellevue Street and the East right-of-way line of Water Street; thence Southerly along said right-of-way line to the prolongation of the centerline of Merriwether Street; thence Westerly along said centerline to the intersection with the prolongation of the West line of Lots 1 through 8 of Subdivision Block 27; thence Northerly along said West line to the North line of Lot 9, Subdivision Block 15; thence Easterly along said North line to the West right-of- way of Spanish Street; thence Northerly along said right-of- way line to the South line of Lots 1 through 7 of Subdivi- sion Block 15; thence Westerly along said South line to the East right-of-way of Lorimier Street; thence Northerly along said right-of-way line to the centerline of Broadway Street; thence Easterly along the centerline of Broadway Street to the centerline of Spanish Street;.thence Northerly along said centerline to the centerline of Bellevue Street; thence Easterly along said centerline to the point of beginning. Also beginning at a point at the intersection of the cen- terline of Broadway Street and the centerline of Fountain Street; thence Northerly along the centerline of Fountain Street to the intersection of said centerline with the prolongation of the North line of Lot 12, Subdivision Block 9;.thence Easterly along said North line to the East line of said Lot 12; thence Southerly along said East line to the South line of said Lot 12; thence'Westerly along said South line to the West line of Lot 10; thence Southerly along said West line to the centerline of Broadway Street; thence Westerly along said centerline to the point of beginning. 2. This Contract shall become effective on the date of execution and shall continue in full force and effect until the completion of the improvements included in each phase of the development plan according to the time schedule described therein, and so long thereafter as Corporation shall be entitled to enjoy tax relief pursuant to the provisions of this Contract and at the end of such period this contract shall terminate and become null and void. 3. The terms of this contract shall prevail over the terms of the final development plan. 4. The net earnings of Corporation or its assigns, from the redevelopment project, during the period in which the tax relief provided for in this contract is enjoyed, shall be limited to an amount not to exceed eight per cent (8%) per annum of the cost to Corporation of the redevelopment project, including the cost of the land or the balances of such total costs of the redevelopment project as reduced by amortization payments, pro- vided that the net earnings derived from the redevelopment project shall in no event exceed a sum equal to eight per cent (8%) per annum upon the entire cost thereof. Such net earnings shall be computed after deducting from gross earnings the following: A. All costs and expenses of maintenance and operation; B. Amounts paid for taxes, assessments, insurance premiums and other similar charges; C. 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 the date of completion of the project. The "cost" of the redevelopment project as that term is used in this contract shall mean those costs attributable to planning, developing, constructing and equipping the improvements in the redevelopment project, including, but not limited to, planning costs, cost of feasibility work, construction costs, architect and engineering fees, ,contractor fees and overhead, interest, insurance and taxes during construction, off-site and on-site land improvements, surveys, soil testing, land and land acquisition costs, demolition costs and expenses, utility relo- cation costs and street improvements, site preparation, and all other land costs, attorneys fees and loan costs and expenses. Surplus earnings of Corporation derived from the redevelopment project in excess of those provided for in this paragraph, at the option of Corporation: A. May be held by Corporation as a reserve for maintenance of such rate of return in the future and may be used 2. by Corporation to offset any deficiency in such rate of return which may have occurred in prior years; B. May be used to accelerate the amortization pay- ments; C. May be used for the enlargement of the project; D. May be used for reduction in rentals therein; E. Or may be held or used for any one or more of all of the foregoing purposes. At the termination of the partial tax relief provided for in this contract, Corporation or its assigns shall take a strict accounting of surplus earnings and shall turn over to the City any excess of such surplus earnings not previously used for one or more of the purposes herein set forth. If requested by the City in writing,.after review of the accounting made by Corporation,,Corporation shall at its own expense have an audit made of its books by a firm of independent public accountants acceptable to the City, and the findings o.f such audit shall be made available to the City Manager. Reference to Corporation herein shall be deemed to include its assigns. The earnings derived from the redevelopment project by any purchaser of all or any portion of the real property located in the development area during the period of the tax relief provided for in this contract applicable to such property, shall be limited in the manner and to the extent set forth in this paragraph. 5. Corporation shall not issue income debentures, bonds, notes or other evidence of debt bearing or paying an interest rate in excess of the maximum amount permitted under the Urban Redevelopment Corporations Law, or any amendments thereto, nor shall it pay any interest on its income debentures or dividends on its stock regardless of class or preference, during any divi- dend 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. 6. Corporations or its assigns shall render annually to the City Manager during the partial tax relief period provided in this ordinance, three (3) copies of its detailed financial report for the preceding year, examined by a certified public accountant and containing a certification concerning such examination, which financial report shall disclose: (a) the earnings derived from the redevelopment project,. (b.) the disposition of any net earnings in excess of those .permitted by this contract, (c) the interest rate or income debentures, bonds, notes or other evidences of debt, (d) the cost to Corporation of the redevelopment project, 3. (e) the income and expenses of Corporation derived from or attributable to the redevelopment project provided, however, Corporation, if requested by City in writing, shall at its own expense have an audit made of its books by'an auditing firm to be named by the City, and the findings of such audit shall be made available to the City Manager, but such an audit shall not be requested by the City nor required of Corporation more often than every two (2) years. 7. Corporation or its assigns 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. 8. Corporation, or its assigns, at all times, shall be responsible for the maintenance of all buildings and improvements which it owns in the development.area in a good state of repair, attractive in appearance, throughout the term of this contract. Corporation hereby grants to Clty, its agents and employees, the right to enter at any reasonable time all improvements in the development area under its control to inspect the project. 9. The real property of Corporation acquired pursuant to the Urban Redevelopment Ordinance of the City shall not be sub- ject to assessment or payment of general ad valorem taxes imposed by the City, the state or any political subdivision thereof, for a period of ten (10) years after the date upon which Corporation became owner of such real property, except to such extent and in such amount as may be imposed upon such real property during any such period measured solely by the amount of the assessed valua- tion of the land, exclusive of improvements acquired pursuant to the Urban Redevelopment Ordinance of the City and owned by the Corporation, as was determined by the Assessor of.Cape Girardeau County, for taxes due and payable thereon during the calendar year preceding the calendar year during which the Corporation acquired title to such real properties. The amounts of such tax assessments shall not be increased during the ten (10) year period so long as the real property is owned by Corporation and used in accordance with the final development plan or any amend- ments thereto. If any such real property was tax exempt immediately prior to ownership by Corporation, the City shall immediately request the County Assessor to promptly assess the land, ex- clusive of improvements, in accordance with the provisions of the Urban Redevelopment Corporations Law. The amount of such assessed valuation so fixed by the County Assessor shall not be increased by the City Assessor during the ten (10) year period next follow- ing the date upon which the Corporation acquired ownership thereof, so long as the real property is owned by the Corporation and used in accordance with the final development plan or any amendments thereto. For the next ensuing period of fifteen (15) years ad valorem taxes upon such real property shall be measured by the 4. assessed valuation thereof as determined by the Assessor upon the basis of not to exceed fifty per cent (50%) of the true value of such real property including any improvements thereon nor such valuation be increased over fifty per cent (50%) of the true value of such real property from year to year during the period of fifteen (15) years, so long as such real property is owned by the Corporation and used in accordance with the final development plan or any amendments thereto. After such periods totaling twenty-five (25) years, such real property shall be subject'to assessment and payment of all ad valorem taxes based on the full true value of the real property and shall be owned and operated by Corporation free from the conditions, restrictions and provisions of the Urban Rede- velopment Ordinance, the approving ordinance and any rule or regulations adopted pursuant to the Urban Redevelopment Ordi- nance. In the event of the. sale or other disposition of real property of the Corporation by reason of the foreclosure of any mortgage or other lien, through insolvency or bankruptcy pro- ceedings, by order of any court of competent jurisdiction, by voluntary transfer or otherwise,,the purchaser or transferee of the real property of the. Corporation shall be entitled to the tax relief provided by this contract and the Urban Redevelopment Ordinance if the purchaser or transferee agrees with City to continue to develop, use,.operate and maintain such real property in accordance with the provisions of the final development plan, or any amendments thereto. It is expressly understood that tax relief and tax abatement is limited solely to Corporation and the lawful pur- chasers or transferees of Corporation's real property as set forth in this section. If the purchaser or transferee uses such real property for a purpose different from that described in the final develop- ment plan, or if the purchaser or transferee does not desire the property to continue under the final development 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 the Urban Redevelopment Corporations Law of Missouri, the Urban Redevelopment Ordinance of the City, and of this contract. 10. Corporation shall notify the City Manager, in writing, of any sale or other disposition of any or all of the real property in the development area no later than ten (10) days after the date of the sale or other transfer. Such notice shall specify the name and address of the party so acquiring any or all of the real property in the development area and identify specifi- cally the real property sold or transfered, whether by. voluntary transfer or otherwise. The City Manager shall presume that any purchaser or other persons so obtaining any or all of the real 5. property in the development area shall continue to. hold the property in accordance with the final development plan unless otherwise notified within six (6) months after the date such purchaser or other person obtains title to any of the real property in the development area. 11. Corporation shall 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.development plan. Such reports shall be submitted not less than once every year. The Corporation shall submit such reports to the City within thirty (30) days of a written request by the City for such a report. 12. . No power of eminent domain is granted to the Corporation. Any future grant of the power of eminent domain shall require an amendment of the final development plan. 13. A number of ordinance changes are proposed in the final development plan and a number of proposals involve City property and City right-of-way. All such items require further action of the City Council. This contract shall not be construed nor shall the Council's approval of the final development plan be construed as requiring the City to act in the manner proposed in the final development plan. 14. The City shall consider establishing a procedure whereby the corporation will have the opportunity to review all building permit applications for structures located within the redevelop- ment area and to express its opposition to or support of such applications. Decisions to grant or deny a permit would be made by the City. Such permits would be granted, however, only.if they are in conformity with the final development plan. Execu- tion of a parcel development plan would not be required prior to the issuance of a building permit. 15. Water Street will not be converted to a public plaza. However, the City Council shall consider making Water Street between Themis and Broadway a two-way street. The City Council shall also consider making Main Street South of Independence a two-way street. 16. The terms, conditions, and provisions of this contract, and of the final development plan, can be neither modified nor eliminated except by mutual agreement between the City and Corporation approved by ordinance or ordinances duly adopted by the City Council, provided, however,,that this contract shall not be construed as an enlargement of the authority conferred upon the City by the Urban Redevelopment Corporations Law. 17. If Corporation does not substantially comply with the provisions of this contract, including the provi.sions of the final development plan not inconsistent with the contract, 6. within the time limits and in.the manner for the completion of each stage thereof as therein stated, reasonable delays caused by unforeseen circumstances beyond its control excepted, or shall do, permit to be done or fail or omit to do any material thing contrary or required of it by this contract, the Urban Rede- velopment Ordinance or the Urban Redevelopment Corporations Law of Missouri, or shall be about so to do, permit to be done, or fail or omit to have done, then the City may commence a proceed- ing in the Circuit Court to have such action, failure or omission or threatened action or omission stopped, prevented or rectified by injunction or otherwise,.or the City may bring an action for damages against Corporation for breach of any of the provisions of the final development plan, or of this contract; provided, that in the event the City Council shall determine the Corpora- tion has abandoned construction before completion of the rede- velopment project in accordance with the terms of the final development plan and of this'contract, the real property included in such development plan shall from that date be subject to assessment in payment of all ad valorem taxes based on the true full value of such real property. 18. In the event that Corporation shall be prohibited from performing its covenants and agreement herein contained, or contained in the development plan, by final order, judgment, or decree of any court of competent jursdiction, or in the event that the Urban Redevlopment Ordinance of City,,shall be declared invalid, in whole or in part,,by a final order, judgment of decree of a court of competent jurisdiction, not subject to further appeal, then, and in any such event, either party may cancel this contract by giving written notice of its intention to do so to the other within sixty (60) days thereafter. The City may not cancel the contract if Corporation finds an alternative method of performing its obligations under the contract, which method is not prohibited by court order. Corporation shall use its best efforts to contest any such suit and shall exhaust its legal remedies. If this contract is so cancelled, all duties, obligations and liabilities of the parties hereto shall cease and terminate as of the date of cancellation. 19. In the event Corporation shall default in the perfor- mance of any of its material obligations pursuant to the terms of the final development plan or this contract, the City may, if it so elects, terminate this contract, including the final develop- ment plan, and all rights granted pursuant thereto, subject to the rights, if any, to continuing tax abatement as provided in this contract. 20. This contract shall be binding upon and shall inure to the benefit of Corporation and its its successors and assigns, and the term "Corporation" shall be deemed to include such successors and assigns,,provided, however, that no assignment of the final development plan shall discharge Corporation of its obligations hereunder unless and until it has been approved by 7. the City Council by Ordinance within the time limits as set forth for approval of each phase of the final development plan in accordance therewith. City Council approval is not required for the sale of all or any portion of the real property located in the development area. IN WITNESS WHEREOF, the parties hereto have.set their hands and seals the day and year first written above.. ATTEST: Verna L. Landis, City Clerk ATTEST: [Typed Name & Title of Signer] CITY OF CAPE GIRARDEAU, MISSOURI Howard C. Tooke, Mayor CAPE GIRARDEAU REDEVELOPMENT CORPORATION [Typed Name & Title of Signer] STATE OF MISSOURI. ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of ,.198 , before me appeared Howard C. Tooke,,to me personally known, who, being by me duly sworn,,did say that he is the Mayor of the City of*Cape Girardeau, Missouri,.a Municipal Corporation of the State of Missouri, and that the seal 'affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said.City by authority of its. City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF,.I have hereunto set my hand and affixed my official seal,.at my office in Cape Girardeau, Missouri, the day and year first above written. Delores G. Needham, Notary Public My Commission Expires: October 8, 1984 STATE OF MISSOURI ) ) ss COUNTY. OF CAPE GIRARDEAU ) On this day of 198 before me appeared to me personally known, who, being by me duly sworn,.did say that he is the President of Cape Girardeau Redevelopment Corporation a corpora- tion, organized under .the Urban Redevelopment Corporations Law of Missouri and that the seal affixed to the foregoing instrument is the corporate seal of said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors and acknowledged said instrument to.be the free act and deed of said Corporation. IN TESTIMONY WHEREOF,,I have hereunto set my hand and affixed my official seal at my office the day and year first above written. My Commission Expires: [Typed Name.of Notary Public] vo