City of Excelsior Springs, MO
Clay County
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Table of Contents
Table of Contents
Cross References — Building, ch. 500; dangerous buildings, ch. 505; electricity, ch. 515; fire prevention and protection, ch. 205; nuisances, ch. 235; housing, ch. 510; mobile-home parks, ch. 535; planning and zoning commission, ch. 415; plumbing, ch. 530; utilities, title VII; subdivisions, §400.020; zoning, §400.010; administration, chs. 105115.
State Law References — Housing authorities law, RSMo. §99.010 et seq.
[1]
Editor's Note: Ord. no. 08-9-2 has established terms for this commission of housing authority to be uniform with the terms of other boards and commissions with terms commencing September 30, 2009.
[R.O. 2012 §410.010; CC 1973 §35-16]
There is hereby created in and for the City a Housing Authority.
[R.O. 2012 §410.020; CC 1973 §35-17; Ord. No. 04-4-4, 4-5-2004]
The Housing Authority shall be composed of five (5) Commissioners who shall be taxpayers who have resided in the City for one (1) year prior to their appointment. One (1) Commissioner of the authority may be an officer or employee of the City or County for which the authority is created.
[R.O. 2012 §410.030; CC 1973 §35-18]
The Commissioners of the Housing Authority shall be appointed by the Mayor, with the consent of the City Council.
[R.O. 2012 §410.040; CC 1973 §35-19]
Three (3) of the Commissioners of the Housing Authority who are first appointed shall be designated to serve for terms of one (1), two (2), and three (3) years, respectively, and two (2) Commissioners shall be designated to serve for terms of four (4) years, from the date of their appointment. Thereafter, Commissioners shall be appointed for terms of four (4) years, or until his/her successor has been appointed and has qualified.
[R.O. 2012 §410.050; CC 1973 §35-20]
In the event any vacancy shall occur in the membership of the Housing Authority for any reason, the same shall be filled by appointment by the Mayor for the unexpired term only.
[R.O. 2012 §410.060; CC 1973 §35-21]
A Commissioner of the Housing Authority shall receive no compensation for his/her services for the Authority, but he/she shall be entitled to the necessary expenses incurred in the discharge of his/her duties.
[R.O. 2012 §410.070; CC 1972 §35-22]
One (1) more than one-half (½) of all Commissioners of the Housing Authority shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes.
[R.O. 2012 §410.080; CC 1973 §35-23]
Action may be taken by the Housing Authority upon a vote of a majority of a quorum, unless in any case the by-laws of the Authority shall require a larger number.
[R.O. 2012 §410.090; CC 1973 §35-24]
The Mayor shall designate which of the Commissioners appointed to the Housing Authority shall be the first Chairman, and such Chairman shall serve in such capacity during his/her term as Commissioner. Thereafter, the Authority shall select a Chairman from among its Commissioners.
[R.O. 2012 §410.100; CC 1973 §35-25]
The Housing Authority shall select from among its Commissioners a Vice-Chairman, and it may employ a secretary (who shall be Executive Director) technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualification, duties and compensation. for such legal services as it may require, the Authority may call upon the City Attorney or may employ its own counsel and legal staff.
[R.O. 2012 §410.110; CC 1973 §35-26]
The Housing Authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper.
[R.O. 2012 §410.120; CC 1973 §35-27]
No commissioner or employee of the Housing Authority shall acquire or have any interest directly or indirectly in any housing project or in any property included or planned to be included in any project, nor shall he/she have any interest direct or indirect in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project.
[R.O. 2012 §410.130; CC 1973 §35-28]
The Commissioners of the Housing Authority shall have such powers and perform such duties as are provided by law.
[1]
Cross References — Administration, chs. 105115.
State Law References — Land clearance for redevelopment, §99.320, et seq., RSMo.; regional planning and community development, ch. 251, RSMo.
[R.O. 2012 §410.140; CC 1973 §35-39; Ord. No. 5948 §2, 9-13-1965; Ord. No. 95-3-5 §§1 — 3, 3-20-1995]
A. 
The City Council hereby finds:
1. 
One (1) or more blighted or insanitary areas (as defined in the aforesaid "Land Clearance for Redevelopment Authority Law") exist in the City, and
2. 
The redevelopment of such area or areas is necessary in the interest of the public health, safety, morals or welfare of the residents of the City.
B. 
The City hereby authorizes and approves the exercise by the City itself, within the corporate limits of the City, as the same now are or may hereafter be established, of all of the powers, functions and duties of such an authority under and pursuant to the provisions of the aforesaid "Land Clearance for Redevelopment Authority Law", Sections 99.300 to 99.660, inclusive, RSMo.
C. 
Pursuant to Section 99.430, RSMo., the Authority shall not acquire real property or designate an area as blighted for a land clearance or urban renewal project, by eminent domain or otherwise, unless the City Council has approved a redevelopment or urban renewal plan containing the project. Further, prior to the adoption of a redevelopment or urban renewal plan, the City Council is required to hold a public hearing, after public notice thereof by publication in a newspaper of general circulation in the community once each week for two (2) consecutive weeks, the last publication to be at least ten (10) days prior to the date set for the hearing. The notice shall describe the time, date, place and purpose of the hearing and shall also generally identify the area to be covered by the plan. All interested parties shall be afforded at the public hearing a reasonable opportunity to express their views respecting the proposed redevelopment or urban renewal plan. In addition to Public Notice, the Authority shall provide notice to property owners within the proposed redevelopment area by certified mail at least ten (10) days prior to a Public Hearing to enable the City Council to determine blight on a property by property basis.
[R.O. 2012 §410.150; CC 1973 §35-45; Ord. No. 5964 §1, 12-13-1965]
There is hereby created and established in and for the City a "Land Clearance for Redevelopment Authority," hereinafter referred to as the "Authority".
[R.O. 2012 §410.160; CC 1973 §35-46; Ord. No. 5964 §1, 12-13-1965]
The Authority shall be composed of five (5) Commissioners who shall be taxpayers of the City and shall have resided in the City for at least five (5) years prior to their appointment.
[R.O. 2012 §410.170; CC 1973 §35-47; Ord. No. 5964 §1, 12-13-1965]
The Commissioners of the Authority shall be appointed by the Mayor, with the consent of the City Council.
[R.O. 2012 §410.180; CC 1973 §35-48; Ord. No. 5964 §1, 12-13-1965]
Two (2) of the Commissioners of the Authority who are first appointed shall be designated to serve for terms of one (1) year from the date of their appointment, and three (3) shall be designated to serve for terms of two (2), three (3), and four (4) years, respectively, from the date of their appointment. Thereafter, Commissioners shall be appointed for terms of four (4) years.
[R.O. 2012 §410.190; CC 1973 §35-49; Ord. No. 5964 §1, 12-13-1965]
Vacancies occurring in the membership of the Authority shall be filled in the same manner as original appointments, but for the unexpired term only.
[R.O. 2012 §410.200; CC 1973 §35-50; Ord. No. 5964 §1, 12-13-1965]
The Authority shall exercise all of the powers, functions and duties of a land clearance for redevelopment Authority as provided by Sections 99.300 through 99.660, inclusive, RSMo., 1969, as amended.