[Ord. No. 2764 §1(140.010), 4-1-2002]
It is hereby determined and declared by the Board of Aldermen that certain areas of the City exhibit obsolete platting; substandard or unsanitary conditions; inadequate planning; ineffective design or arrangement of buildings; lack of adequate public facilities such as streets and utilities; or physical deterioration due to age or poor property maintenance; that such conditions result in progressive deterioration in a loss of population by the areas, causes a wasteful expenditure of public funds, impair the economic value of land, limit reinvestment and place a financial burden upon the City due in part to a low return on taxes; that multiple land parcels under separate ownership frequently exist in conjunction with such areas; that correction of such conditions is difficult to implement on a parcel-by-parcel basis; that it is impossible and uneconomic for individual owners to independently undertake to remedy such conditions; that as a result of these elements of blight, progressive deterioration can be expected to continue; that such conditions further the acquisition of adequate areas, at fair prices, the clearance of such areas through demolition of existing obsolete, decadent, inadequate, unsafe or unsanitary buildings and the redevelopment of such areas under proper supervision with appropriate planning as to urban design, land use and construction policies; that the clearance, replanning, rehabilitation and redevelopment of such areas which include all areas of the City, including the central business district, are necessary for protection of the public welfare, the creation of jobs for current residents of the City and serve a public purpose for which private property may be acquired by purchase or eminent domain; and therefore, the necessity of the provisions herein enacted is hereby declared as a matter of legislative determination to be in the public interest.
[Ord. No. 2764 §1(140.020), 4-1-2002]
The provisions of the "Urban Redevelopment Corporations Law", found in Chapter 353, RSMo., are hereby adopted and shall apply to all persons and corporations operating under this Chapter, insofar as the same may be applicable hereto. The provisions of this Chapter are in addition to all requirements of Chapter 353, RSMo.
[Ord. No. 2764 §1(140.030), 4-1-2002]
The following terms, whenever used or referred to in this Chapter, are in addition to those contained in Chapter 353, RSMo., and shall, unless a different intent is apparent from the context, be construed to have the meanings indicated by the following meaning:
- Any non-residential entity having lawful occupancy of a premises.
- DEVELOPMENT COST
- The amount determined by the Commission 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 expense 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 actual cost of demolition of existing structures, the actual cost of utilities, landscaping and roadways, the actual cost of construction, equipment and furnishing of buildings and improvements, including architectural, engineering and builder's fees, the actual cost of reconstruction, rehabilitation, 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.
- DISPLACED OCCUPANT
- Any business or residential occupant who has been in lawful possession for at least ninety (90) days prior to the filing of the application and is forced to move from real property within the development area as a result of the acquisition of such property by the corporation, its successors or assigns.
- FAIR MARKET VALUE
- The most probable price in cash, terms equivalent to cash or in other precisely revealed terms for which the appraised property will sell in a competitive market under all conditions requisite to fair sale, with the buyer and seller each acting prudently, knowledgeably and for self-interest and assuming that neither is under undue duress.
- HANDICAPPED OCCUPANT
- Any occupant who is deaf, legally blind or orthopedically disabled to the extent that acquisition of another residence presents a greater burden than other occupants might encounter or that modification of the residence would be necessary.
- JUST COMPENSATION
- Payment of an amount no less than the approved appraisal of the fair market value of the property.
[Ord. No. 2764 §1(140.040), 4-1-2002]
Submission Of Application. Three (3) applications for approval of a development plan shall be filed by the corporation at the office of the City Clerk. Additional copies may be requested as necessary to allow adequate review. Concurrent with such filing, the applicant shall file an application for rezoning to the appropriate land use district in accordance with the requirements of the zoning regulations of the City of Harrisonville if the current zoning of the proposed project is incompatible with the proposed development plan.
Contents Of Application. An application for approval of a development plan shall contain the following supporting information:
A development plan of the property which shall include the following information:
A legal description of each parcel of land included in the proposed redevelopment area and a legal description of all property proposed to be acquired by eminent domain and a statement outlining the reasons why eminent domain is requested.
A proposed phasing or staging plan for the development, if more than one (1) phase or stage is intended, and the time schedule for acquisition, commencement and completion of each phase or stage.
Existing structures to be demolished, retained and renovated and the time schedule for each.
Proposed new construction including, but not limited to, type of building (i.e., residential, commercial, industrial, office building heights, square footage, parking space).
Public improvements proposed with the development, including any proposed changes in existing public facilities, including, but not limited to, streets, sidewalks and utilities.
Amenities proposed to be included with the development.
Necessary zoning changes.
Appraisals of all parcels of property proposed for acquisition in accordance with the requirements of Section 430.080 of this Chapter.
An affidavit from the corporation certifying financial capability of the redevelopment corporation to complete the project as proposed in accordance with the requirements of Section 430.100. In addition, a market study demonstrating the financial and market feasibility of the proposed new development project.
A study analyzing post project tax impact versus current tax levels to fully justify the tax abatement as economically essential to the proposed project and assessing the impact of abatement on all taxing jurisdictions. This document shall also be provided as the basis for determining any in-lieu-of tax payments to be made by the corporation during the period of abatement. A statement from the applicant indicating a willingness to make payments in lieu of taxes as necessary. Submittal of copies of return receipts indicating notice has been given to all taxing jurisdictions in accordance with the requirements of Section 430.090 herein.
A provision for the disposition of surplus earnings of the corporation as provided in Chapter 353, RSMo.
Identification, including background and experience of the individuals who will be responsible for the management of the development plan and the development therein.
Certificate of Incorporation of the Redevelopment Corporation, including a certified copy of the articles of incorporation, names and addresses of the officer, directors and registered agent.
A statement that each person or entity having a property interest of record (including any interest which is a security interest or any leasehold interest of record) and each occupant or resident in the project area has been given written notice of the filing of the development plan by depositing such notice in the regular United States mail, postage prepaid, addressed to such person or entity having a property interest of record at the address indicated in the records of the Recorder's office of Cass County in which the property is located and addressed to each occupant at the address of such occupant in the project area.
A deposit of five hundred dollars ($500.00) plus one hundred dollars ($100.00) per individual tract of ground included in the proposed redevelopment to a maximum of one thousand five hundred dollars ($1,500.00) which shall be used to cover costs associated with the review of the application.
Any additional information from time to time which is deemed necessary.
Filing application and review. Upon receipt of the application, the City Clerk shall refer the application to the City Administrator for a determination that all required information has been submitted. A public hearing on said application shall be scheduled before the Board of Aldermen no later than sixty (60) days after determining the application is complete.
Public notice. A notice of said public hearing shall be published in a newspaper having a general circulation in the City of Harrisonville providing no less than fifteen (15) days' notice of the time and place of hearing before the Board of Aldermen. Applicant shall be required to give notice by mail to all property owners and occupants in the redevelopment area, to the taxpayers listed on the County tax rolls for any hearings before the Board of Aldermen no less than thirty (30) days before the date of the hearing. Evidence of mailing of notices for each and every public hearing shall be given to the City.
Board of Aldermen. The Board of Aldermen shall have the following duties and responsibilities:
A development plan shall not be recommended for approval by the Board of Aldermen until and unless the Board makes the following determinations:
Necessity. That the area within which the redevelopment is to be made is blighted and that redevelopment in accordance with this development plan is necessary or advisable to effectuate the purposes declared in Section 430.010 of this Chapter.
Compliance with the Comprehensive Plan. That the development complies with the Comprehensive Plan of the City.
Sufficient size. That the area is of sufficient size to allow its redevelopment in an efficient and economically satisfactory manner.
Stages of plan. That the various stages, if any, by which the redevelopment is proposed to be constructed or undertaken as stated in the development plan are practical and in the public interest.
Public facilities. That public facilities, including, but not limited to, school, fire, water, sewer, Police, transportation, park, playground or recreation, are presently adequate, or will be adequate at the time that the redevelopment is ready for use, to service the area and if additional public facilities are deemed necessary, the corporation is required to build all public improvements to support the proposed development.
Zoning, street changes. That the proposed changes, if any, in the case of the zoning ordinance or map have been approved by the Planning and Zoning Commission and in streets or 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.
Financial capability. Evidence of existing financial capability to complete the project and provision for the continuing availability of funding in accordance with the requirements of Section 430.100 of this Chapter.
Relocation plan. That the relocation plan submitted with the application complies with the requirements of Section 430.070 of this Chapter.
Notice to taxing authorities. That proper notice has been given to all taxing jurisdictions as required in Section 430.090(A) of this Chapter.
Payments in lieu of taxes. Approve and authorize execution of any agreement between the City and the applicant regarding payments in lieu of taxes.
That the area included within a development plan is a blighted area and that the clearance, redevelopment, replanning, rehabilitation or reconstruction thereof is necessary for the public convenience and necessity
That if a corporation seeks to acquire all or any part of the real property within a blighted area by exercise of the power of eminent domain, such acquisition is for the public convenience and necessity.
That approval of the development plan and construction of the redevelopment project are necessary for the preservation of the public health, safety and general welfare.
Upon making the findings and the declaration required, the Board of Aldermen shall consider an ordinance approving the development plan. If the Board of Aldermen approves the ordinance, the Board of Aldermen shall authorize the Mayor to enter into a contract with the corporation on behalf of the City, such contract to contain, among other provisions, the provisions as embodied in the plan, the approving ordinance, a provision that the applicable provisions of this Chapter shall be incorporated by reference into such contract, a provision outlining any required payments in lieu of taxes, a provision pertaining to non-compliance remedy of breach of contract as more particularly stated in Section 430.130 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 and the corporation; provided however, that no such contract shall be construed as an enlargement of the authority conferred upon the City by Chapter 353, RSMo.
[Ord. No. 2764 §1(140.050), 4-1-2002]
Certification Of Public Convenience And Necessity For Corporation To Acquire Property By Eminent Domain. If the corporation proposing a development plan seeks to acquire all or any part of the real property described in the development plan by eminent domain, the Board of Aldermen shall, by the ordinance approving such plan, determine that the public convenience and necessity will be served by the development plan and the redevelopment project and shall grant to such a corporation a certificate of public convenience and necessity authorizing and empowering such corporation to acquire by the exercise of eminent domain such real property in fee simple or other estate; provided that such real property shall be devoted to the purposes and uses described in the development plan. The 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 in the manner provided by any other applicable statutory provision. 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 or any other political subdivision thereof may be acquired without its consent.
Commission To Check Compliance, Make Reports, Adopt Rules And Regulations.
Investigation and reports. It shall be the duty of the City Administrator, after a development plan has been approved by the Board of Aldermen, to investigate and report to the Board of Aldermen semi-annually during construction of the redevelopment project whether the corporation is fully complying with the approved development plan and this Chapter.
Compliance with time schedule. The corporation shall comply with the time schedule or staging plan approved with the development plan, including the time schedule for acquisition, commencement and completion of each phase or stage. Upon application for an extension of time by the corporation, the Board of Aldermen, if deemed in the public interest, may with a three-fourths (¾) majority vote grant to the corporation operating under an approved development plan an extension of time in which to complete the development plan or any approved phase or stage. In the event an extension is denied and the corporation cannot comply with the required time schedule, an ordinance to repeal the ordinance approving the development plan shall be considered.
Recommendation of certification. When a corporation operating under an approved development plan has completed the redevelopment project in accordance with the provisions of the development plan, the City Administrator, upon the written request of such corporation, shall conduct an investigation and if the City Administrator determines that the project has been completed, the City Administrator shall recommend to the Board of Aldermen that a certificate of full compliance be issued to the corporation for each stage and the Board of Aldermen may authorize the City Administrator to issue a certificate of compliance which shall be conclusive evidence of compliance.
Reports Required By Corporations.
Every corporation shall render annually to the City Clerk during the period of tax relief provided in Section 430.090 a financial report for the preceding year, verified under oath by the corporation's certified public accountant, which report shall disclose the earnings of the corporation and the disposition of any net earnings in excess of those provided for under Section 430.100 and the interest rate on income debenture bonds, notes or other evidence of debt of the corporation, thereupon, the City Clerk shall forward the report to the City Administrator for review. Such financial reports shall be submitted not more than ninety (90) days after the corporation's fiscal year end as specified in the application for approval of a development plan.
The corporation shall annually file with the City Clerk a certified financial statement indicating compliance with Section 430.100 of this Chapter.
The corporation shall report annually progress on property acquisition and the occupants displaced by the corporation by name and address and specify the relocation benefits provided to each occupant.
[Ord. No. 2764 §1(140.060), 4-1-2002]
Any application for approval of a development plan shall be supported by factual evidence that the area is a blighted area as defined by Chapter 353, RSMo. Evidence must be complete to allow the Board to make a finding of blight as required by Statute and this Chapter.
[Ord. No. 2764 §1(140.070), 4-1-2002]
General. Every corporation which requests the power of eminent domain for any part of the project area shall submit a relocation plan as part of the development plan.
Contents Of Plan. The relocation plan shall outline specific requirements and procedures for handling displacement in each of the following instances: owner-occupied residential units, renter-occupied residential units, owner-occupied businesses, renter-occupied businesses or any combination of the above.
Relocation Payments. Payments shall be made to all displaced occupants, except those occupants who have agreed to waive their relocation benefits for payments made for the purpose of real property or other mutually agreeable settlement. A displaced occupant who lives on a business property shall be eligible for both a payment as a dwelling occupant and a payment with respect to the business operation.
Review Of The Relocation Plan. In reviewing any plan proposed, the City retains the right to determine the adequacy of the proposal and, if appropriate, require additional elements to be provided therein.
Reporting Requirements. The corporation shall submit to the City Clerk a relocation progress report on an annual basis during the entire relocation process and until such time as the Board of Aldermen certifies that all relocation needs have been met. Such progress report shall demonstrate and document compliance with the approved relocation plan. The report shall be certified by affidavit of a corporate officer.
[Ord. No. 2764 §1(140.080), 4-1-2002]
General. At the time of filing a development plan which provides for the acquisition of property by eminent domain, the corporation shall certify that, as a condition of approval of the plan, it shall make every reasonable effort and good faith attempt to acquire the real property expeditiously by negotiation and ensure that owners of real property to be acquired are treated fairly and consistently. Further, the corporation shall submit a property acquisition schedule on a parcel-by-parcel basis for the development area.
Appraisal. The corporation's appraisal of "fair market value" shall be based upon nationally recognized appraisal standards and techniques consistent with the concepts of value and the rules on the admissibility of evidence of value under the eminent domain law of the State of Missouri. The owner shall be notified, in writing, of all appraisals and be extended the opportunity to accompany the appraiser on their inspection.
Offer Of Just Compensation. Promptly after establishment of just compensation the corporation shall transmit a written purchase offer with a copy of the approved appraisal to the owner and furnish the City with proof such offer was received. The corporation shall make every reasonable effort to meet with the owner or their representative to discuss the basis for the determination of just compensation and attempt to arrive at a negotiated purchase price. Should such negotiations continue for a period greater than ninety (90) days, either the owner or the corporation may elect to proceed with eminent domain proceedings.
Mandatory Purchase By Corporation. Upon arrival of the development plan or at any time thereafter during the life of the project, any property owner wishing to sell their property and relocate immediately may notify the corporation of such in writing. Upon receipt of the request, the corporation shall in good faith attempt to purchase by negotiation said property subject to eminent domain. If a sale of the property cannot be consummated within ninety (90) days, the corporation shall proceed forthwith to file a proceeding in condemnation.
[Ord. No. 2764 §1(140.090), 4-1-2002]
Notice To Taxing Authority. In addition to the notification requirements of Section 430.040, written notice shall be given by the corporation to all taxing authorities within the area that is the subject of the development plan. A separate notice shall be given prior to the filing of the development plan and the public hearing before the Board of Aldermen. Certification of notice shall be provided to the City Clerk at the time of filing the development plan and to the Board of Aldermen prior to the hearings before each body.
Full Exemption. Once the requirements of this Section have been complied with, the real property of urban redevelopment corporations acquired pursuant to this Chapter shall be subject to full exemption of taxes for a period of ten (10) years as provided by Chapter 353, RSMo.
Property Already Exempt. In the event, however, that any such real property was tax exempt immediately prior to ownership by any urban redevelopment corporation, the County Assessor shall assess the property as provided by Chapter 353, RSMo.
Partial Exemption. For the next ensuing period not in excess of fifteen (15) years, ad valorem taxes upon such real property shall be measured as provided by Chapter 353, RSMo.
Full Assessment. After a period totaling not more than twenty-five (25) years, such real property shall be subject to assessment and payment of all ad valorem taxes as provided by Chapter 353, RSMo.
Tax Agreements By Corporations. In the course of considering any development plan for approval, the Board of Aldermen shall consider any agreement, in writing, on behalf of the corporation presenting 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 in such amount which, together with the real property taxes to be paid on the land for the first ten (10) years, shall, as a minimum, equal the total real property taxes on the land and improvements during the tax year immediately preceding purchase of the property by the corporation; however, such sum may actually in fact exceed the current level of taxes.
[Ord. No. 2764 §1(140.100), 4-1-2002]
Financial Capability. Proof of financial capability to complete the project shall include a description of the method by which the developer proposes to obtain the financing necessary to complete the project and the developer's proposed equity interest in the project. Further, this information shall be related to the market feasibility and proposed tax abatement to allow analysis of the project's financial feasibility.
[Ord. No. 2764 §1(140.110), 4-1-2002]
The Board of Aldermen shall review any amendment to a development plan previously approved by ordinance. No such amendment shall be reviewed and no action shall be taken by the Board of Aldermen, unless and until an application for amendment has been filed with the City Clerk by the corporation or its assignee containing those portions of the statements and information required by Section 430.040 of this Chapter relevant to the proposed amendment and unless and until the Board of Aldermen shall make the determinations required by Section 430.040 relevant to the proposed amendment. The notice requirements of Section 430.040 shall also apply.
[Ord. No. 2764 §1(140.120), 4-1-2002]
Any urban redevelopment corporation may sell or otherwise dispose of any or all of the real property acquired by it for the purposes of a redevelopment project as provided by Chapter 353, RSMo.
[Ord. No. 2764 §1(140.130), 4-1-2002]
Whenever any person or corporation or its grantee or assignees operating under an approved development plan does not substantially comply with the development plan or with any contract entered into pursuant to the regulations contained herein, then such non-compliance shall immediately be certified by the Board of Aldermen which shall direct the City Administrator to notify said corporation, its successors, grantees and assignees who is the then current responsible party to the contract with the City by certified mail to the last known address that it has been found in non-compliance and giving thirty (30) days' notice to correct said non-compliance. The thirty (30) day period shall begin on the date notice is posted. If the non-compliance has not been remedied within the thirty (30) day period, the Board of Aldermen may authorize an attorney to commence a proceeding in the Circuit Court in the name of the City to have such action, failure or omission or threatened action or omission stopped, prevented or rectified by injunction or otherwise or bring an action for damages, including punitive damages against the Urban Redevelopment Corporation for breach of any of the provisions of the redevelopment plan; provided that in the event that the Board of Aldermen determines that a corporation has abandoned construction before completion of the project in accordance with the terms of an approved development plan, a declaration of abandonment shall be filed with the Recorder's office in the appropriate County and the real property thereafter included in the plan shall be subject that date to assessment and payment of all ad valorem taxes based on the true value of such real property.
[Ord. No. 2764 §1(140.140), 4-1-2002]
Amendments to this Chapter shall be approved by the Board of Aldermen. At such time as an amendment is recommended, it shall be scheduled for public hearings before the Board of Aldermen with fifteen (15) days' notice of the date, time and place of each hearing published in a newspaper having a general circulation of the City of Harrisonville.
The Board of Aldermen shall hold a public hearing regarding the proposed amendment. Upon considering the evidence presented in the public hearing, the Board of Aldermen may either continue, for good cause, its action upon such an amendment to a date specific or approve or deny such amendment. Approval of the amendment shall be by ordinance.