[Ord. No. 689 §1, 8-11-2015]
This Article shall be known and may be cited and referred to as "the Urban Redevelopment Ordinance."
[Ord. No. 689 §2, 8-11-2015]
It is determined and declared by the Council that in certain portions of the City obsolete, decadent, substandard, insanitary or blighted areas exist occasioned by inadequate planning, excessive land coverage, lack of property light, air or open space, defective design or arrangement of buildings, lack of proper sanitary facilities, or the existence of buildings which by reason of age, obsolescence, inadequate or outmoded design, or physical deterioration have impaired the economic value of large areas, infecting them with blight, and that such areas are characterized by depreciated values, impaired investments, reduced or negligible income and consequent tax delinquencies; that such conditions exist in areas where obsolete, decadent, substandard, insanitary, outworn or outmoded industrial, commercial or residential buildings prevail, and the same are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency and crime, that such condition occur chiefly in areas which are subdivided into small parcels with multiple ownership and frequently with confusion as to titles; that their assembly for purposes of clearance, replanning, rehabilitation, reconstruction and redevelopment is difficult and costly; that the existence of such condition and the failure to clear, replan, rehabilitate, reconstruct or redevelop these areas result in progressive deterioration, in a loss of population by the areas, causes a wasteful expenditure of public funds for policing, and occasions large outlays for the creation of public facilities and services elsewhere; that it is impossible and uneconomical for individual owners to independently undertake to remedy such conditions; that such conditions require the employment of capital on an investment basis allowing, however, the widest latitude in the amortization of any indebtedness created thereby; that such conditions further require the acquisition of adequate areas, at fair prices, the clearance of such areas through demolition of existing obsolete, decadent, inadequate, unsafe or insanitary buildings and the redevelopment of such areas under proper supervision with appropriate planning as to land use and construction policies; and that such obsolete, decadent, substandard, insanitary and blighted areas constitute a menace to the health, safety, morals and welfare of the citizens of the City. Therefore, the necessity for the provisions herein enacted is declared as a matter of legislative determination to be in the public interest.
[Ord. No. 689 §3, 8-11-2015]
The provisions of the Urban Redevelopment Corporations Law found at Chapter 353, RSMo., are accepted and all of the provisions thereof incorporated by reference herein. All such provisions shall apply to all persons and corporations operating under this Article insofar as the same may be applicable thereto.
[Ord. No. 689 §4, 8-11-2015]
The following terms, whenever used or referred to in this Article and any contract entered into pursuant hereto, shall, unless a different intent clearly appears from the context, be construed to have the following meanings:
- That portion of the City which the City Council has found or shall find to be blighted, so that clearance, replanning, rehabilitation or reconstruction thereof is necessary to effectuate the purposes of this Article. Any such area may include buildings or improvements not in themselves blighted, and any real property, whether improved or unimproved, the inclusion of which is deemed necessary for the effective clearance, replanning, reconstruction or rehabilitation of the area of which such buildings, improvements or real property form a part.
- BLIGHTED AREA
- Those portions of the City which the Council determines, that by reason of age, obsolescence, inadequate or outmoded design or physical deterioration, have become economic and social liabilities and that the conditions in such localities are conducive to ill health, transmission of disease, crime or inability to pay reasonable taxes.
- The City of Normandy.
- CONSTRUCTION WORK
- The taking or possession of land, clearance of an area, erection of improvements and all other related matters to effectuate an approved development plan causing the physical rehabilitation, reconstruction and redevelopment of an area.
- An urban redevelopment corporation organized under and pursuant to the provisions of the Urban Redevelopment Corporations Law, and includes any life insurance company organized under the laws of, or admitted to do business in, the State, which shall undertake a redevelopment project under the provisions of this Article.
- The cost of the redevelopment project. The term includes, 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, 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 these portions of the area which are to remain open spaces together with such additions to development at costs as shall equal the actual cost of additions to or charges in the redevelopment in accordance with the original development plan or after approved changes therein or amendments thereto.
- DEVELOPMENT PLAN
- A plan, together with any amendments thereto, for the redevelopment of all or any part of a blighted area.
- REAL PROPERTY
- Includes lands, buildings, improvements, land under water, waterfront property, and any and all easements, franchises and hereditaments, corporeal or incorporeal, and every estate, interest, privilege, easement, franchise and right therein, or appurtenant thereto, legal or equitable, including restrictions of record, created by plat, covenant, or otherwise, rights-of-way, and terms for years.
- The clearance, replanning, reconstruction or rehabilitation of any blighted area, and the provision for such industrial, commercial, residential or public structures and spaces as may be appropriate including recreational and other facilities incident or appurtenant thereto.
- REDEVELOPMENT PROJECT
- A specific work or improvement to effectuate all or any part of a development plan.
- URBAN REDEVELOPMENT CORPORATION LAW
- Chapter 353, RSMo., and any amendments thereto.
[Ord. No. 689 §5, 8-11-2015]
Any corporation proposing to redevelop an area of the City believed by it to be blighted shall file a development plan with the City Clerk, which plan shall have attached thereto a certificate from the Secretary of State of Missouri that such corporation submitting the proposed plan is a lawfully organized and existing Missouri Urban Redevelopment Corporation under and pursuant to the Urban Redevelopment Corporation Law.
The City Clerk shall immediately notify the Mayor and Council, in writing, of the submission of said plan.
[Ord. No. 689 §6, 8-11-2015]
The development plan shall contain:
General description. A general description of the proposed redevelopment project showing proposed land use and traffic circulation;
Legal description. A legal description of the proposed development area by metes and bounds or other definite designation;
Stages of project. A statement of the various stages, if more than one (1) is intended, by which the plan is proposed to be implemented or undertaken, and the approximate time limit for the commencement and completion of each stated, together with a legal description of the real property to be included in each stage;
Zoning changes. A statement of the proposed changes, if any, in zoning ordinances or maps, necessary or desirable for the redevelopment, and its protection against blighting influences;
Street changes. A statement of the proposed changes, if any, in streets or street levels, any proposed street closings, and any changes which would have to be made to streets adjoining or near the proposed redevelopment project;
Housing. A statement of the housing accommodations available for those persons who will be displaced by the redevelopment project.
Public property. A statement listing any real property in public use and belonging to the City, County, State or any political subdivision thereof, together with the consent of such authority to the acquisition of such property;
Acquisition of real property. A statement giving the description of the real property owned, or proposed to be purchased by the corporation;
Other information. The plan, and any application to the City for approval thereof, shall also contain such other statements or exhibits as may be deemed relevant by the City or by the corporation.
[Ord. No. 689 §7, 8-11-2015]
Upon receipt of a development plan substantially meeting the requirements of this Ordinance, the City Clerk shall submit the plan to the Council. At its next regular meeting the Council shall set a date for a public hearing on the plan.
In every ordinance approving a development plan, the Council shall:
Make the following findings and declarations:
The area included within the plan is a blighted area as defined in Section 510.040 and the Urban Redevelopment Corporation Law, and the redevelopment of the area is necessary and in the public interest under the Urban Redevelopment Corporation Law and under this Article;
Approval of the plan and its implementation is necessary for the preservation of the health, safety, morals and welfare of the public;
Make the following provisions:
Direct the Mayor to enter into a contract with the corporation pursuant to terms and conditions set forth in the ordinance approving the plan. The contract itself may be embodied in the ordinance. Said contract shall contain: the provisions as embodied in the plan; the provisions as embodied in the approving ordinance; a provision that the applicable provisions of this Article shall be incorporated by reference to such contract; a provision that the applicable provisions of the Urban Redevelopment Corporation Law conferred upon all such corporations shall be incorporated by reference; a provision setting forth rights, powers and authority which, by said law, may be conferred by the City upon such corporation and which the City is conferring upon said corporation by such ordinance. Said contract may provide: a method of means for the amendment or modification of said plan; a method of administering the implementation thereof; and any and all other lawful provisions not inconsistent with the Urban Redevelopment Corporation Law. No such contract, however, shall be construed as an enlargement of the authority conferred upon the City by the Urban Redevelopment Corporation Law;
Such other matters which are deemed necessary or in the public interest as determined by the Council.
[Ord. No. 689 §8, 8-11-2015]
The City may:
Clear any such real property and install, construct and reconstruct street, utilities and any and all other City improvements necessary for the preparation of such area for use in accordance with the provisions of this Article; and
Sell such real property for use in accordance with the provisions of this Article.
[Ord. No. 689 §9, 8-11-2015]
In the event a plan requires a change of zoning, the corporation may apply for the zoning change at the time the plan is filed with the Commission, and the public hearing on the plan, and the hearing on any proposal for zoning change at the hearing, may be held concurrently in the discretion of the Council.
[Ord. No. 690 §§1 — 3, 8-11-2015]
The following Relocation Policy shall apply to any plan, project or area for redevelopment under the operation of Chapter 99, RSMo., Chapter 100, RSMo., or Chapter 353, RSMo., which proposes or includes within its provisions or necessitates displacement of persons, when such displacement is not subject to the provisions of the Federal Uniform Relocation and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§4601 to 4655, as amended) or to other State law requirements.
Definitions. As used herein, the following terms shall mean:
- 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;
- (2) Primarily for the sale of services to the public; or
- (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 §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, 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 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 will be displaced by rehabilitation or demolition.
- 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.
- PUBLIC AGENCY
- The State of Missouri or any political subdivision or any branch, bureau or department thereof, any public school district, and any quasi-public corporation created or existing by law which are authorized to acquire real property for public purpose and which acquire any such property either partly or wholly with aid or reimbursement from Federal funds.
- URBAN REDEVELOPMENT CORPORATION
- A corporation organized pursuant to Chapter 353, RSMo., as further defined in Section 353.020, RSMo.
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.
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:
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;
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;
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 as follows:
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
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;
A program for referrals of displaced persons with provisions for a minimum of three 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
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.
All displaced residential persons eligible for payments shall be provided with relocation payments based upon one of the following, at the option of the person:
A fixed moving expense payment of one thousand dollars ($1,000.00); or
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.
All displaced businesses eligible for payments shall be provided with relocation payments based upon the following, at the option of the business:
A fixed moving expense payment of three thousand dollars ($3,000.00) 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
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.
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 or other acquiring 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 by tenants shall be filed with the displacing agency within six (6) months after: The date of displacement; but for owners, all claims shall be filed the date of displacement or the final payment for the acquisition of the real property, whichever is later.
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 entitlement to payment and shall be filed with the City or other 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 of the provisions regarding programs which are contained in Subsection (A)(3)(b) and (c) above.
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)(d) above.
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.
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.
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 appropriate public agency shall determine the adequacy of the proposal and may require additional elements to be provided.
Relocation assistance shall not be provided to any person who purposely resides or locates his business in a redevelopment area solely for the purpose of obtaining relocation benefits.
The Relocation Policy shall apply to any plan, project, or area for redevelopment under the operation of Chapter 99, Chapter 100, or Chapter 353 of the Revised Statutes of Missouri, as amended, which is hereafter filed for approval, approved, or amended, and any other land acquisition by the City through condemnation proceedings initiated after December 31, 2006.