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r <br /> r ► <br /> provisions incorporating the terms of 'the Development Plan; incorporating the <br /> terms of this ordinance; incorporating the applicable provisions of Ordinance <br /> No. 5085 as amended by Ordinance No. 5165; providing that the provisions of <br /> the Urban Redevelopment Corporation Law applicable to the Developer shall be <br /> incorporated by reference; setting forth rights, powers and authority which <br /> by said law may be conferred by the City upon the Developer and which the <br /> City is conferring upon the Developer by this ordinance; and such other terms <br /> as may be agreed to between the City and the Developer within the authority <br /> conferred upon the City by the Urban Redevelopment Corporation Law. <br /> Section 6. The City Council hereby authorizes the City Manager to take <br /> any and all actions necessary to implement the provisions of Section 353.110, <br /> Revised Statutes of Missouri , 1978, as amended, after the effective date of <br /> this Ordinance and upon acquisition of the aforedescribed real property by <br /> the Developer, in order to grant to the Developer the tax relief described in <br /> the Development Plan and authorized under Chapter 353 during the twenty-five <br /> (25) year period following acquisition by the Developer of the Project Area. <br /> Section 7. The Developer and its successors or assigns, shall file <br /> annua yTT , on or prior to March 31 of each calendar year, with the Director of <br /> Finance financial statements audited by an Independent Certified Public <br /> Accountant designated by the Developer, evidencing compliance with the <br /> provisions of Chapter 353, Revised Statutes of Missouri , as amended. <br /> Section 8. It is intended and hereby expressly granted that the partial <br /> tax relief and tax exemption provisions contained in the Development Plan, t <br /> provided in Section 353.110, Revised Statutes of Missouri , 1978, as amended, t <br /> and authorized by this Ordinance are not only applicable to the Developer <br /> during the twenty (20) year period after the date upon which the <br /> Developer acquires the aforementioned real property, but also are applicable <br /> to the successors and/or assigns of the Developer (and any subsequent <br /> transferee of any transferee of any thereof (whether voluntary or <br /> involuntary) ) , provided such successors and/or assigns shall continue to use, f <br /> operate and maintain the aforementioned real property in accordance with the <br /> provisions of the Development Plan. For purposes of this Section 8, Delmar 4 <br /> Market Redevelopment Corporation and Market Square Associates, a Missouri <br /> limited partnership, are specifically approved by the City Council as <br /> successors and assigns of the Developer and shall be entitled to the tax <br /> abatement provided for herein. <br /> Section 9. The sections of this Ordinance shall be severable. In the <br /> event any section of this Ordinance is found by a court of competent s <br /> jurisdiction to be unlawful , the remaining sections of this Ordinance shall <br /> be valid, unless the Court finds the valid sections of this Ordinance are so <br /> essentially and inseparable connected with, and so dependent upon the void <br /> section that it cannot be presumed that the City Council would have enacted <br /> the valid section without the void ones , or unless the Court finds that the <br /> valid sections standing alone are incomplete and are incapable of being <br /> executed in accordance with the legislative intent. <br /> Section 10. This Ordinance being necessary for the immediate <br /> preservation of the public health, welfare and safety; it is hereby declared <br /> to be an emergency measure and shall become effective immediately upon its <br /> passage. <br /> PASSED THIS day of � 1985. <br /> Mayoh, j�rc -►r r,� <br /> ATTEST: <br /> City Clerk <br /> APPROVED AS TO FORM <br /> City Attorney <br /> -2- <br />