[R.O. 2008 §430.010; Ord. No. 6634 §1, 3-8-2004]
A.
The
City Council of the City of Maryville, Missouri, adopts this Relocation
Policy to be applicable to any Tax Increment Financing Plan, Chapter
353 (RSMo.) Plan or similar redevelopment plan approved by the City.
This Relocation Policy shall conform at all times to the requirements
of Section 523.205, RSMo.
B.
Definitions. The
following terms shall have the meanings set forth below for purposes
of the Relocation Policy.
- ACQUIRING ENTITY
- Any public agency, developer or the City which is acquiring property pursuant to any Tax Increment Financing Plan, Chapter 353 (RSMo.) Plan or similar redevelopment plan approved by the City.
- BUSINESS
- Any lawful activity that is conducted:
- CITY
- City of Maryville, Missouri.
- DECENT, SAFE AND SANITARY DWELLING
- A dwelling which meets all applicable codes. The dwelling shall:
- 1. Be structurally sound, weather-tight 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 displaced person, be free of any barriers which would preclude reasonable ingress, egress or use of the dwelling.
- DEVELOPER
- Any person selected as a developer of a particular redevelopment project under a Tax Increment Financing Plan, Chapter 353 (RSMo.) Plan or similar redevelopment plan.
- DISPLACED PERSON
- Any person that moves from real property which is within a redevelopment area or moves such person's personal property from real property which is within a redevelopment area permanently and voluntarily as a direct result of acquisition, rehabilitation of, or the written notice of intent to acquire such real property, in whole or in part, for a public purpose.
- ELIGIBLE DISPLACED PERSONS
- Any displaced person who occupied the real property to be acquired or not less than ninety (90) days prior to the initiation of negotiations and who is required to vacate such real property.
- HANDICAPPED DISPLACED PERSON
- Any displaced person who deaf, legally blind or orthopedically disabled to the extent that acquisition of another residence presents a greater burden than other persons encounter or to the extent that modifications to the replacement residence would be necessary.
- 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 redevelopment project, or the notice to the person that he or she will be displaced by rehabilitation or demolition.
- PERSON
- Any individual, family, partnership, limited liability company, corporation or association.
- REDEVELOPMENT AREA
- That area defined as the redevelopment area pursuant to a Tax Increment Financing Plan, Chapter 353 (RSMo.) Plan or similar redevelopment plan.
- REDEVELOPMENT PROJECT
- Any construction project defined as a redevelopment project pursuant to a Tax Increment Financing Plan, Chapter 353 (RSMo.) Plan or similar redevelopment plan.
- REFERRAL SITE NOTICE
- The written notice of referral sites to be provided to displaced persons by the developer pursuant to Subsection (E) of this Relocation Policy.
- RELOCATION PAYMENT
- The payment to be made by the developer to an eligible displaced person pursuant to Subsection (F) of this Relocation Policy.
- TAX INCREMENT FINANCING PLAN
- Any tax increment financing plan approved by the City.
- TIF COMMISSION
- The Tax Increment Financing Commission of Maryville, Missouri.
C.
Eligibility. Any displaced person shall have the right to
receive relocation assistance in accordance with the terms of this
Relocation Policy. In no event shall relocation assistance be provided
to any person who purposely resides or locates such person's business
in the redevelopment area solely for the purpose of obtaining relocation
benefits.
D.
Notice. Developer shall give to every displaced person a
ninety (90) day written notice to vacate prior to the date such displaced
person is required to vacate its premises.
E.
Referrals. Developer shall provide each residential displaced
person with three (3) decent, safe and sanitary dwelling referrals
and shall provide each displaced business with three (3) suitable
referral sites. Developer shall provide to each handicapped displaced
person ninety (90) days prior written notice of referral sites and
shall provide to each other displaced person sixty (60) days prior
written notice of referral sites, determined with reference to the
date such displaced person is required to vacate that person's respective
premise. Concurrently, with the referral site notice, the developer
shall provide to each eligible displaced person written notice of
the availability of benefits under this Relocation Policy. The developer
shall make arrangements for transportation to inspect referral sites
for displaced persons upon a written request for transportation made
to the City by the displaced person. Contemporaneous with the provision
of a referral site notice, the developer shall notify such displaced
person in writing of the availability of relocation payments and assistance
under this Relocation Policy.
F.
Relocation Payments. Each eligible displaced person shall
be entitled to the following relocation payment from the developer.
1.
Residential displaced persons. Each residential
eligible displaced person shall be provided with the option of such
eligible displaced person, either:
a.
A five hundred dollar ($500.00) fixed payment; or
b.
Actual reasonable costs of relocation, including 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 (1st) and last month's rent and
security deposit.
G.
Special Needs. Any eligible displaced person who believes
that such eligible displaced person has any special needs as the result
of such eligible displaced person's income, age, size of family, nature
of business, availability of suitable replacement facilities and vacancy
rates of affordable facilities may advise the developer of such needs
and such needs shall be given specific consideration with respect
to the relocation benefits offered to such eligible displace person.
To notify the developer of such special needs, the eligible displaced
person having such needs must deliver written notice to the developer
in care of the City. Such notice must identify the special needs and
the basis of the special needs. The developer reserves the right to
require from any eligible displaced person claiming special needs
reasonable evidence of the alleged facts upon which a claim for special
needs is based (by way of example, copies of income tax returns if
income is an issue).
H.
Deadlines For Claims And Payments. All claims for relocation
payments shall be filed with the developer within six (6) months after:
1.
For tenants, the date of displacement; or
2.
For owners, the date of displacement or the final payment for the
acquisition of the real property, whichever is later. Payment for
a satisfactory claim for relocation payments shall be made by the
developer within thirty (30) days following the developer's receipt
of sufficient documentation to support the claim.
I.
Advance Payment. If any eligible displaced person demonstrates
the need for an advance payment of the relocation payment in order
to avoid or reduce a hardship, the developer shall issue the relocation
payment in order to avoid or reduce a hardship. The developer shall
issue the relocation payment subject to such safeguards as the developer
may reasonably establish and are appropriate to ensure that the objective
of the relocation payment is accomplished.
J.
Waiver Of Payment. Any eligible displaced person, who is
also the owner of the applicable premises, may waive relocation payments
as part of the negotiations for acquisition of the interest held by
such eligible displaced person. Such waiver shall be in writing, shall
disclose the eligible displaced person's knowledge of the provisions
of this relocation plan and Section 523.205, RSMo., and knowledge
of entitlement to relocation payments under this relocation policy
and shall be filed with the developer.
