City of Arnold, MO Chapter 255 Redevelopment

Section 255.010 Relocation Policy for Redevelopment Projects.

[R.O. 2013 §6.5-1; Ord. No. 1.140 (Bill. No. 2043) §1, 4-15-2004; Ord. No. 1.140 (Bill No. 2208) §1, 1-4-2007]

A. As used herein, the following terms shall mean:

BUSINESS

Any lawful activity which 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.A., 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, 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 person, be free of any barriers which would preclude reasonable ingress, egress or use of the dwelling.

DISPLACED PERSON

Any person that moves from the real property or moves his/her 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.

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 person that he/she 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.

URBAN REDEVELOPMENT CORPORATION

A corporation organized pursuant to Chapter 353, RSMo., as further defined in Section 353.020, RSMo.

B. Every urban redevelopment corporation acquiring property within a redevelopment area shall submit a relocation plan as part of the redevelopment plan. The relocation plan shall comply with all applicable provisions of this relocation policy.

C. Unless the property acquisition under the operation of Chapter 99, RSMo., Chapter 100, RSMo., or Chapter 353, RSMo., is subject to Federal relocation standards or Subsection 1 of Section 523.205, RSMo., the relocation plan shall provide for the following:

1. 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;

2. 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;

3. 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:

a. 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; and

b. 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.

4. 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

5. 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.

D. 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 ($1,000.00) 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 (1st) 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.

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

1. A three thousand dollar ($3,000.00) fixed moving expense payment and up to an additional ten thousand dollars ($10,000.00) for re-establishment expenses. Re-establishment expenses are limited to costs incurred for physical improvements to the replacement property to accommodate the particular business at issue; or

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

F. If a displaced person demonstrates the need for an advance relocation payment in order to avoid or reduce a hardship, the developer or the City 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:

1. For tenants, the date of displacement;

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

G. 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 relocation policy and his/her 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 relocation policy, and a displaced person shall remain entitled to all the provisions regarding programs which are contained in Subsections (C)(2) and (3) above.

H. 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 (C)(3) above.

I. Any urban redevelopment corporation, its assigns or transferees, which have been provided any assistance under the operation of Chapter 99, RSMo., Chapter 100, RSMo., Chapter 353, RSMo., or Chapter 523, RSMo., with land acquisition by the City, shall be required to make a report to the City Council or appropriate public agency 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.

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

K. The requirements set out herein shall be considered minimum standards. In reviewing any proposed relocation plan under the operation of Chapter 99, RSMo., Chapter 100, RSMo., or Chapter 353, RSMo., the City Council or public agency shall determine the adequacy of the proposal and may require additional elements to be provided.

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

Section 255.020 Property Owner Bill of Rights.

[R.O. 2013 §6.5-2; Ord. No. 1.177 (Bill No. 2388) §§1 — 3, 5-20-2010]

A. The use of eminent domain within the City of Arnold shall be limited. The use of eminent domain with the City of Arnold shall be subject to the following limitations:

1. Compliance with Missouri law. The power of eminent domain shall not be exercised by the City of Arnold to take property for any use except in strict compliance with Missouri law.

2. Certain properties shall not be blighted. The City of Arnold shall not declare blighted for the purpose of exercising eminent domain any real property that is used primarily for agricultural or horticultural purposes.

3. Eminent domain shall not be used for enhancing tax revenues. The power of eminent domain shall not be used solely for the purpose of enhancing retail sales tax revenues.

4. Eminent domain may be used for limited purposes. Property may be taken, subject to the limitations and conditions herein set forth, for municipal governmental needs including, but not limited to, transportation needs, roads, bridges, sewer lines, rights-of-way, parks, utilities, or other public health and safety needs, benefits or purposes.

B. Property Owner Bill Of Rights. Property owners in the City of Arnold shall possess, and the City Council shall use due diligence to protect, the following rights of property ownership:

1. Private property shall only be taken for public use by eminent domain after good faith efforts of negotiation have failed.

2. Private property shall not be taken without compensation and then only in the manner prescribed by law.

3. The use of property, or rights in property, shall be declared at the time of such property, or rights in property are taken by eminent domain.

4. Private property shall not be taken for private use or private ownership via the use of eminent domain.

C. Applications Of Ordinance Limited To Subsequent Takings. The provisions of the ordinance shall only apply to the exercise of eminent domain for acquisitions subsequent to the effective date of this Section.

Section 255.030 Detachment of Territory.

[Ord. No. 1.222 (Bill No. 2578), 3-6-2014]

A. Purpose. This Section sets out the required review and approval procedures for the detachment of territory (de-annexation) of any portion of land within the corporate limits of the City of Arnold.

B. Application Submittal. A complete application for the detachment of territory (de-annexation) shall be submitted to the Community Development Director in a form established by the City (detachment (de-annexation) application), along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid. The application shall be made and shall be signed by all owners of lands that the owners seek to have detached (de-annexed). If all such owners do not submit the application, that fact shall be noted on the application along with the names and addresses of all owners who are not a party to the application. The following shall be submitted in support of a detachment (de-annexation) application:

1. A written explanation of why the detachment of territory (de-annexation) is being requested.

2. Names and addresses of all owners of property abutting the proposed territory to be detached (de-annexed).

3. Notarized affidavit(s) from each owner(s) of land that is proposed to be detached (de-annexed), who are not listed as an applicant, indicating their consent to the detachment of territory (de-annexation).

4. A survey or such other drawing acceptable to the Director of Community Development depicting the proposed territory to be detached (de-annexed), any utilities contained therein and the properties and each property's ownership surrounding the proposed territory to be detached (de-annexed).

5. A legal description of the property to be detached (de-annexed).

C. Review And Report-Director Of Community Development. The Director of Community Development shall prepare a staff report that reviews the proposed detachment (de-annexation) request in light of the Comprehensive Plan and the general needs of the City to include the proposed detachment's affect on surrounding land within the City. The Director of Community Development shall provide a copy of the report to the Planning Commission and the applicant at least five (5) days before the scheduled Planning Commission public hearing.

D. Notice Of Public Hearing.

1. Newspaper notice. Notice of the time and place of the scheduled public hearing before the Planning Commission shall be published in a newspaper of general circulation at least two (2) weeks prior to the public hearing, said notice to include the legal description of the property to be detached (de-annexed).

2. Written notice. The City will attempt to notify, by mail, all owners of property abutting the proposed territory to be detached (de-annexed).

E. Review And Recommendation-Planning Commission. The Planning Commission shall consider the detachment (de-annexation) request in light of the Comprehensive Plan, the public hearing and the general needs of the City to include the proposed detachment's affect on surrounding land within the City. After such consideration, the Planning Commission shall make a recommendation to approve or disapprove the detachment (de-annexation). The Planning Commission's recommendation shall be provided to the City Council and the applicant at least five (5) days before the meeting at which the City Council considers the detachment (de-annexation).

F. Review And Action-City Council. The City Council shall consider the detachment (de-annexation) request at a regular meeting. The City Council may approve (said approval to be by ordinance) the application if it determines from the submitted evidence and testimony that:

1. Due and legal notice has been given by publication as required herein;

2. No private rights will be injured or endangered by the detachment (de-annexation);

3. The public will suffer no loss or inconvenience thereby and that in justice to the applicant or applicants the application should be granted;

4. The detachment (de-annexation) is in the City's best interests. The City may retain easements in the detached (de-annexed) property if deemed necessary for the public good or welfare; and

5. The original annexation was voluntary.

G. Any ordinance passed detaching (de-annexing) territory shall contain the legal description of the land detached (de-annexed) and shall instruct the City Clerk to cause three (3) certified copies of the ordinance to be filed with the County Clerk of Jefferson County, Missouri, and to cause a certified copy of the ordinance to be recorded in the office of the Director of Records of Jefferson County, Missouri.