City of Weldon Spring, MO Chapter 510 Urban Redevelopment Corporation

Section 510.010 Initiation Of Urban Renewal Review.

[R.O. 2004 § 510.010; Ord. No. 05-25 § 1, 9-8-2005]

To initiate redevelopment under Chapter 353, RSMo., a proposed development plan shall be submitted by a redevelopment corporation. The plan shall be filed with the City Clerk, and the Mayor and Board of Aldermen shall be notified that the proposed development plan has been filed.

Section 510.020 Relocation Assistance.

[R.O. 2004 § 510.020; Ord. No. 05-25 § 2, 9-8-2005]

A. Pursuant to the provisions of Section 523.205, RSMo., 2000, as amended, the City adopts the following relocation procedures for all redevelopment under Chapter 353 of said Statutes:

1. 

Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUSINESS

Any lawful activity that is conducted:

1. Primarily for the purchase, sale or use of personal or real property or for the manufacture, processing or marketing of products or commodities; or

2. Primarily for the sale of services to the public.

3. On a not-for-profit basis by any organization that has obtained an exemption from the payment of Federal income taxes as provided in Section 501(c)(3) of Title 26, U.S.C., as amended, and veterans organizations.

DECENT, SAFE AND SANITARY DWELLING

A dwelling which meets applicable housing and occupancy codes. The dwelling shall:

1. Be structurally sound, weathertight and in good repair;

2. Contain a safe electrical wiring system;

3. Contain an adequate heating system;

4. Be adequate in size with respect to the number of rooms needed to accommodate the displaced person; and

5. For a handicapped person, be free of any barriers which would preclude reasonable ingress, egress or use of the dwelling.

INITIATION OF NEGOTIATIONS

The delivery of the initial written offer of just compensation by the acquiring entity, to the owner of the real property, to purchase such real property for the project or the notice to the persons that they will be displaced by rehabilitation or demolition.

PERSON

Any individual, family, partnership, corporation, or association that has a legal right to occupy the property, including but not limited to month-to-month tenants.

DISPLACED PERSONS

Persons that move from the real property or move their personal property from the real property permanently and voluntarily as a direct result of the acquisition, rehabilitation or demolition of, or the written notice of intent to acquire such real property, in whole or in part, for a public purpose.

HANDICAPPED PERSON

Any person who is deaf, legally blind or orthopedically disabled to the extent that acquisition of another residence presents a greater burden than other persons would encounter or to the extent that modifications to the replacement residence would be necessary.

2. Every urban redevelopment corporation acquiring property within a redevelopment area shall submit a relocation plan as part of the redevelopment plan.

3. Unless the property acquisition is subject to Federal relocation standards, the relocation plan shall provide for the following:

a. Payments to all eligible displaced persons who occupied the property to be acquired for not less than ninety (90) days prior to the initiation of negotiations who are required to vacate the premises;

b. A program for identifying special needs of displaced persons with specific consideration given to income, age, size of family, nature of business, availability of suitable replacement facilities and vacancy rates of affordable facilities;

c. A program for providing proper and timely notice to all displaced persons, including a general description of their potential rights and benefits if they are displaced, their eligibility for relocation assistance, and the nature of that assistance. The notices required for compliance with this Section are as follows:

(1) A general information notice that shall be issued at the approval and selection of a designated redeveloper and shall inform residential and non-residential owners and occupants of a potential project, including the potential acquisition of the property;

(2) A notice of relocation eligibility that shall be issued as soon as feasible after the execution of the redevelopment agreement and shall inform residential and non-residential occupants within the project area who will be displaced of their relocation assistance and nature of that assistance, including ninety (90) days' advance notice of the date the occupants must vacate;

d. A program for referrals of displaced persons with provisions for a minimum of three (3) decent, safe and sanitary housing referrals for residential persons or suitable referral sites for displaced businesses, a minimum of ninety (90) days' notice of referral sites for all displaced persons prior to the date such displaced persons are required to vacate the premises, and arrangements for transportation to inspect referral sites; and

e. Every displaced person shall be given a ninety-day notice to vacate prior to the date such displaced person is required to vacate the premises.

4. Displaced Residential Persons.

a. All displaced residential persons eligible for payments shall be provided with relocation payments based upon one (1) of the following, at the option of the person:

(1) A one-thousand-dollar fixed moving expense payment; or

(2) Actual reasonable costs of relocation, including, but not limited to, actual moving costs, utility deposits, key deposits, storage of personal property up to one (1) month, utility transfer and connection fees and other initial rehousing deposits, including first and last month's rent and security deposit. Such costs of relocation shall not include the cost of a replacement property or any capital improvements thereto.

b. Handicapped Displaced Occupant Allowance. In addition to the payments provided in Subsection (A)(4)(a) above, an additional relocation payment shall be provided to handicapped displaced occupants to adapt a replacement dwelling to substantially conform with the accessibility and usability of such occupant's prior residence, which shall be not less than four hundred dollars ($400.00) for each dwelling unit.

5. All displaced businesses eligible for payments shall be provided with relocation payments based upon the following, at the option of the business:

a. A three-thousand-dollar fixed moving expense payment and up to an additional ten thousand dollars ($10,000.00) for reestablishment expenses. Reestablishment expenses are limited to costs incurred for physical improvements to the replacement property to accommodate the particular business at issue; or

b. Actual costs of moving, including costs for packing, crating, disconnection, dismantling, reassembling and installing all personal equipment and costs for relettering similar signs and similar replacement stationery, and up to an additional ten thousand dollars ($10,000.00) for reestablishment expenses. Reestablishment expenses are limited to actual costs incurred for physical improvements to the replacement property to accommodate the particular business at issue.

6. If a displaced person demonstrates the need for an advance relocation payment in order to avoid or reduce a hardship, the developer or public agency shall issue the payment subject to such safeguards as are appropriate to ensure that the objective of the payment is accomplished. Payment for a satisfactory claim shall be made within thirty (30) days following receipt of sufficient documentation to support the claim. All claims for relocation payment shall be filed with the displacing agency within six (6) months after:

a. For tenants, the date of displacement;

b. For owners, the date of displacement or the final payment for the acquisition of the real property, whichever is later.

7. Any displaced person who is also the owner of the premises may waive relocation payments as part of the negotiations for acquisition of the interest held by such person. Such waiver shall be in writing, shall disclose the person's knowledge of the provisions of this Section and the entitlement to payment and shall be filed with the acquiring public agency. However, any such waiver shall not include a waiver of any notice provisions of this Section, and a displaced person shall remain entitled to all of the provisions regarding programs which are contained in Subsection (A)(3)(b) and (c) of this Section.

8. All persons eligible for relocation benefits shall be notified in writing of the availability of such relocation payments and assistance, with such notice to be given concurrently with the notice of referral sites as required in Subsection (A)(3)(c) above.

9. Any urban redevelopment corporation, its assigns or transferees which have been provided any assistance with land acquisition by the City shall be required to make a report to the Board of Aldermen, which shall include, but not be limited to, the addresses of all occupied residential buildings and structures within the redevelopment area and the names and addresses of persons displaced by the redeveloper and specific relocation benefits provided to each person, as well as a sample notice provided to each person.

10. An urban redevelopment corporation which fails to comply with the relocation requirements provided in this Section shall not be eligible for tax abatement as provided for in Chapter 353, RSMo.

11. The requirements set out in this Section shall be considered minimum standards. In reviewing any proposed relocation plan, the Board of Aldermen shall determine the adequacy of the proposal and may require additional elements to be provided.

12. Relocation assistance shall not be provided to any person who purposely resides or locates a business in a redevelopment area solely for the purpose of obtaining relocation benefits.

Section 510.030 Tax Relief For Redevelopment Corporations.

[R.O. 2004 § 510.030; Ord. No. 05-25 § 3, 9-8-2005]

A. Full Exemption. The real property of a corporation acquired pursuant to this Section shall not be subject to assessment or payment of general ad valorem taxes imposed by the City for a period not in excess of ten (10) years after the date upon which such corporation became owner of such real property, except to such extent and in such amount as may be imposed upon such real property during such period measured solely by the amount the assessed valuation of the land, exclusive of improvements, acquired pursuant to this Section and owned by such corporation, as was determined by the Assessor of St. Charles County, for taxes due and payable thereon during the calendar year preceding the calendar year during which the corporation acquired title to such real property; and the amounts of such tax assessments shall not be increased during such period so long as the real property is owned by a corporation and used in accordance with a development plan authorized by the Board of Aldermen.

B. Property Already Exempt. In the event, however, that any such real property was tax exempt immediately prior to ownership by any such corporation, the City shall immediately request the County Assessor to promptly assess such land, exclusive of improvements, in accordance with the provisions of Section 353.110, RSMo. The amount of such assessed valuation so fixed by the County Assessor shall not be increased during the period determined by Board of Aldermen, not to exceed ten (10) years next following the date upon which such corporation acquired ownership thereof, so long as such property is owned by such corporation and used in accordance with the development plan authorized and approved by the Board of Aldermen.

C. Partial Exemption. For the next ensuing period not in excess of fifteen (15) years, City ad valorem taxes upon such real property shall be measured by the assessed valuation thereof as determined upon the basis of fifty percent (50%) of the true value of the real property, including any improvements thereon, nor shall such valuations be increased over fifty percent (50%) of the true value of such real property from year to year during the period not in excess of fifteen (15) years, so long as such real property is owned by such corporation and used in accordance with an authorized development plan.

D. Determination Of Specific Percent Of Tax Exemptions. The specific percent of tax exemptions and the specific length of time during which the exemptions shall apply shall be determined by the Board of Aldermen and made a part of the agreement between the City and the corporation.

E. Full Assessment. After such periods totaling not more than twenty-five (25) years, the real property shall be subject to assessment by the City and payment of all ad valorem taxes based on the full true value of the real property and shall be owned and operated by the urban redevelopment corporation free from the conditions, restrictions and provisions of this Chapter.

F. Contract Between City And Corporation.

1. Notwithstanding any other provisions of this Section to the contrary, after appropriate notice and hearings as hereafter set out, the contract between the City and the corporation may provide that with respect to all property subject to the development plan, with the exception of institutional property and property otherwise tax exempt, which is owned by the corporation, its subsidiaries, assigns or nominees, and is tax abated pursuant to Section 353.110, RSMo., and this Section, the corporation, its subsidiaries, assigns or nominees shall with respect to all such property, in addition to the ad valorem taxes computed under Section 353.110, RSMo., pay to the City during the years in which tax abatement applies an annual payment in lieu of taxes which equals the amount by which the actual tax on such property computed pursuant to Section 353.110, RSMo., is less than the taxes which were imposed on such property in the year immediately prior to the year in which the abatement begins.

2. If additional payments are required as provided in (F)(1) above, the contract with the corporation shall provide that the obligation to make the foregoing payments shall constitute a lien against each parcel for which such payment is required enforceable by the City in the same manner as general real estate taxes.

3. The City shall furnish the Collector of Revenue a copy of the contract requiring payment in lieu of taxes, if applicable. The Collector shall allocate all revenues received from such payments in lieu of taxes among all taxing authorities whose property tax revenues are affected by the exemption or abatement on the same pro rata basis and in the same manner as the ad valorem property tax revenues received by each taxing authority from such property in the year such payments are due.

Section 510.040 Notification Of Taxing Authorities — Public Hearing.

[R.O. 2004 § 510.040; Ord. No. 05-25 § 4, 9-8-2005]

A. Prior to declaring any area of the City to be a blighted area and approving therefor a development plan and authorizing the execution of a redevelopment agreement which grants to any urban redevelopment corporation rights, powers, duties, immunities and obligations not inconsistent with the provisions of the Chapter 353 Urban Redevelopment Corporation Law, the Board of Aldermen shall hold a public hearing for the stimulation of comment by those to be affected by any such grant. Notice of such public hearing shall be given in writing to each taxing jurisdictions and deposited in the United States mail, postage prepaid, by at least seven (7) days prior to the public hearing. The notice shall generally describe the properly affected by the proposed development plan and designation of blight, give the time, date and place of the hearing and state that all persons interested or affected by the proposed designation of blight and redevelopment plan approval are invited to attend the public hearing.

B. Whenever the Board of Aldermen shall propose to grant an urban development corporation tax abatement or to receive payments in lieu of taxes pursuant to Chapter 353, RSMo., the City shall:

1. Conduct a public hearing regarding such tax abatement exemption or payments in lieu of taxes, at which hearing all political subdivisions whose boundaries for ad valorem taxation purposes include any portion of the real property to be affected by such tax abatement, exemption or payments in lieu of taxes shall have the right to be heard on such grant of tax abatement, exemption or payments in lieu of taxes.

2. Furnish by mail to each political subdivision described in Subsection (B)(1) above within seven (7) days after a development plan has been filed with a written statement of the impact on ad valorem taxes such tax abatement, exemption or payments in lieu of taxes will have on such political subdivisions along with a written notice of the hearing to be held pursuant to Subsection (B)(1) above, which statement and notice shall include:

a. The time, date and place of the public hearing;

b. An estimate of the amount of ad valorem tax revenues of each political subdivision which will be affected by the proposed tax abatement, exemption or payments in lieu of taxes based upon the estimated assessed valuation of the real property involved as such property would exist before and after it is redeveloped; and

c. A statement that each political subdivision or any other interested party will be allowed to comment at such public hearing.

3. The public hearings of the Board of Aldermen called for by this Section may be combined with other public hearings, provided that the notices required for each hearing are given.

Section 510.050 Contents Of Ordinance Approving Development Plan.

[R.O. 2004 § 510.050; Ord. No. 05-25 § 5, 9-8-2005]

A. Every ordinance approving a development plan shall contain:

1. A finding and declaration that the development plan is in the public interest;

2. A provision determining the necessity for the granting of the power of eminent domain and, in the event such necessity is found to exist, the granting of such power in the form of a certificate of public convenience and necessity to the corporation authorizing and empowering the corporation to acquire by eminent domain or otherwise all or any part of the real property for the purpose expressed in the development plan in the area included in the development plan. The corporation shall have the authority and powers of eminent domain as set forth in Section 353.130, RSMo., subject to such conditions as may be imposed by the Board of Aldermen;

3. Other matters which are required by this Section or deemed necessary by the Board of Aldermen and in the public interest as determined by the Board of Aldermen in its sole discretion.

Section 510.060 Eminent Domain — Expiration.

[R.O. 2004 § 510.060; Ord. No. 05-25 § 6, 9-8-2005]

A. The Board of Aldermen may determine that it is in the public interest and serves the public purpose as expressed in this Chapter that the power of eminent domain be used by the City or by the urban redevelopment corporation, or by both, in the acquisition of all or part of the real property included in a development plan.

B. The failure of a redevelopment corporation to acquire property pursuant to its rights of eminent domain and to undertake the project within three (3) years after the date of approval shall void the approving ordinance and the rights of such redevelopment corporation shall automatically terminate.

Section 510.070 Agreement For Redevelopment.

[R.O. 2004 § 510.070; Ord. No. 05-25 § 7, 9-8-2005]

A. Upon enactment into law of an ordinance approving a development plan:

1. The City shall enter into an agreement with the urban redevelopment corporation pursuant to the terms and conditions set forth in these provisions and the ordinance approving the development plan. The contract between the City and the corporation shall incorporate the provisions of the development plan and, in addition to such other terms as are appropriate, may include the following provisions:

a. A provision which provides for the assignment of the corporation's rights under the development plan under terms and conditions set forth in the contract;

b. A provision setting forth the amount and terms of any tax abatement for the real property to which the development plan pertains;

c. Provisions setting forth the property, if any, the corporation will dedicate to the City or other public agencies for public use;

d. Provisions setting forth any improvements the City will provide or construct in conjunction with the development plan;

e. A provision limiting the net earnings of the corporation in the manner specified in the Urban Redevelopment Corporations Law and specifying the disposition of any excess earnings;

f. Provisions setting forth the remedies for failure of the corporation to complete development in the time and manner specified in the contract and final development plan.

2. The urban development corporation shall obtain all necessary permits as prescribed by law and perform other necessary acts as required by this Section or the ordinance approving the development plan.

Section 510.080 Acceptance Of State Enabling Act.

[R.O. 2004 § 510.080; Ord. No. 05-25 § 8, 9-8-2005]

The provisions of the "Urban Redevelopment Corporations Law" found at Chapter 353, RSMo., are hereby accepted and shall apply to all persons and corporations operating under these provisions, insofar as the same may be applicable thereto.