City of Sikeston, MO
Scott County
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Table of Contents
Table of Contents

Section 130.1100 Citation of Ordinance.

[R.O. 2009 § 2.200.01]
This act shall be cited and become known as The Land Clearance For Redevelopment Authority Act of the City of Sikeston, Missouri.

Section 130.1110 Declaration of Policy.

[R.O. 2009 § 2.200.02; Ord. No. 5388 §II, 5-8-2001]
The City Council of the City of Sikeston, Missouri, hereby finds and declares that there exist within the City of Sikeston, Missouri, hereinafter "City", unsanitary, blighted, deteriorated and deteriorating areas which constitute a serious and growing menace injurious to the public health, safety, morals and welfare of the residents of the City; and that 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.

Section 130.1120 Incorporation of Provisions of Chapter 99, Rsmo..

[R.O. 2009 § 2.200.03; Ord. No. 5388 §II, 5-8-2001]
To the extent that the same are not inconsistent with the findings by the City Council as enumerated in Section 130.1110 above, the provisions of Sections 99.300 to 99.660, RSMo., as amended, inclusive, are hereby incorporated herein by this reference.

Section 130.1130 Creation of Authority.

[R.O. 2009 § 2.200.04; Ord. No. 5388 §II, 5-8-2001]
There is hereby created within the City a Land Clearance For Redevelopment Authority, a public body corporate and politic. The voters of the City having authorized the creation of such Authority at the general election called for such purpose on April 3, 2001, said Land Clearance For Redevelopment Authority shall be empowered to transact business and to exercise its powers.

Section 130.1140 Definitions.

[R.O. 2009 § 2.200.05]
The following terms, wherever used or referred to in Section 130.1180, shall have the following respective meanings unless a different meaning clearly appears from the context.
AREA OF OPERATION
In the case of a municipality, the area within the municipality except that the area of operation of a municipality under this law shall not include any area which lies within the territorial boundaries of another municipality unless a resolution has been adopted by the governing body of the other municipality declaring a need therefor; and in the case of a County, the area within the County, except that the area of operation in such case shall not include any area which lies within the territorial boundaries of a municipality unless a resolution has been adopted by the governing body of the municipality declaring a need therefor; and in the case of a regional authority, the area within the communities for which the regional authority is created, except that a regional authority shall not undertake a land clearance project within the territorial boundaries of any municipality unless a resolution has been adopted by the governing body of the municipality declaring that there is a need for the regional authority to undertake the land clearance project within such municipality; no authority shall operate in any area of operation in which another authority already established is undertaking or carrying out a land clearance project without the consent, by resolution, of the other authority.
AUTHORITY OR LAND CLEARANCE FOR REDEVELOPMENT AUTHORITY
A public body corporate and politic created by or pursuant to Section 99.330, RSMo., or any other public body exercising the powers, rights and duties of such an authority.
BLIGHTED AREA
An area which, by reason of the predominance of defective or inadequate street layout, insanitary or unsafe conditions, deterioration of site improvements, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, retards the provision of housing accommodations or constitutes an economic or social liability or a menace to the public health, safety, morals, or welfare in its present condition and use.
BONDS
Any bonds, including refunding bonds, notes, interim certificates, debentures, or other obligations issued by an authority pursuant to this law.
CITY
Any City, Town or Village in the State.
CLERK
The Clerk or other official of the City or County who is the custodian of the official records of the City or County.
COUNTY
Any County in the State.
FEDERAL GOVERNMENT
The United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.
GOVERNING BODY
In the case of a City, the City Council, Common Council, Board of Aldermen or other legislative body of the City and, in the case of a County, the County Commission or other legislative body of the County.
LAND CLEARANCE PROJECT
Any work or undertaking:
1. 
To acquire blighted, or insanitary areas or portions thereof, including lands, structures, or improvements the acquisition of which is necessary or incidental to the proper clearance, development or redevelopment of the blighted or insanitary areas or to the prevention of the spread or recurrence of substandard or insanitary conditions or conditions of blight;
2. 
To clear any such areas by demolition or removal of existing buildings, structures, streets, utilities or other improvements thereon and to install, construct or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses in accordance with a redevelopment plan;
3. 
To sell, lease or otherwise make available land in such areas for residential, recreational, commercial, industrial or other use or for public use or to retain such land for public use, in accordance with a redevelopment plan;
4. 
To develop, construct, reconstruct, rehabilitate, repair or improve residences, houses, buildings, structures and other facilities;
5. 
The term "land clearance project" may also include the preparation of a redevelopment plan, the planning, survey and other work incident to a land clearance project and the preparation of all plans and arrangements for carrying out a land clearance project and wherever the words "land clearance project" are used in this law, they shall also mean and include the words "urban renewal project" as defined in Section 99.320, RSMo.
MAYOR
The elected Mayor of the City or the elected officer thereof charged with duties customarily imposed on the Mayor or executive head of the City.
OBLIGEE
Any bondholders, agents or trustees for any bondholders, lessor demising to the authority property used in connection with land clearance project, or any assignee or assignees of the lessor's interest or any part thereof, and the federal government when it is a party to any contract with the authority.
PERSON
Any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and shall include any trustee, receiver, assignee, or other similar representative thereof.
PERSONS OF LOWER INCOME
Those persons or families whose annual income is greater than fifty percent (50%) but does not exceed eighty percent (80%) of the median income for the area.
PERSONS OF MODERATE INCOME
Those persons or families whose annual income is greater than eighty percent (80%) but does not exceed one hundred fifty percent (150%) of the median income for the area. For purposes of this Subdivision, median income for the area shall be determined in accordance with Section 1437a, Title 42, United States Code, including any amendments thereto. Any and all references to "persons of low income" in this Chapter shall mean persons of very low, lower or moderate income as defined herein.
PERSONS OF VERY LOW INCOME
Those persons or families whose annual income does not exceed fifty percent (50%) of the median income for the area.
PROFIT
The difference between gross revenues and necessary and ordinary business expenses, including debt service, if any.
REAL PROPERTY
Include all lands, including improvements and fixtures thereon and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.
THE CITY
The City of Sikeston, Missouri.
THE COUNTY
The particular County for which a particular housing authority is created.

Section 130.1150 Membership.

[R.O. 2009 § 2.200.06; Ord. No. 5388 §II, 5-8-2001]
The Mayor shall appoint a Board of Commissioners of such authority which shall consist of five (5) Commissioners. All Commissioners of an authority shall be taxpayers who have resided within the City for a period of five (5) years.

Section 130.1160 Terms.

[R.O. 2009 § 2.200.07; Ord. No. 5388 §II, 5-8-2001]
Two (2) of the Commissioners who are first (1st) 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 as aforesaid for a term of office for four (4) years except that all vacancies shall be filled for the unexpired term.

Section 130.1170 Commissioners — Compensation — Certificate of Appointment.

[R.O. 2009 § 2.200.08; Ord. No. 5388 §II, 5-8-2001]
A Commissioner of the authority shall receive no compensation for his/her services, but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his/her duties. Each Commissioner shall hold office until his/her successor has been appointed and has qualified. A certificate of the appointment or reappointment of any Commissioner shall be filed with the municipal or County Clerk, as the case may be, and such certificate shall be conclusive evidence of the due and proper appointment of such Commissioner.

Section 130.1180 Board of Commissioners — Meetings — Quorum — Employees.

[R.O. 2009 § 2.200.09; Ord. No. 5388 §II, 5-8-2001]
A. 
The powers hereunder vested in each land clearance for redevelopment authority shall be exercised by the Board of Commissioners thereof. A majority of the Commissioners shall constitute a quorum of such Board for the purpose of conducting business and exercising the powers of the authority and for all other purposes. Action may be taken by the Board upon a vote of a majority of the Commissioners present, unless in any case the bylaws of the authority shall require a larger number. Meetings of the Board of an authority may be held anywhere within the perimeter boundaries of the area of operation of the authority.
B. 
The Commissioners shall elect a Chairman and Vice Chairman from among the Commissioners; however, the first (1st) Chairman shall be designated by the Mayor. An authority may employ an executive director, technical experts and such other officers, agents and employees, permanent and temporary, as it may require and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may call upon the City Counselor or may employ its own counsel and legal staff. The authority may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper.

Section 130.1190 Commissioner Not To Acquire Interest Voluntarily in Clearance Project — Penalty.

[R.O. 2009 § 2.200.10; Ord. No. 5388 §II, 5-8-2001]
A. 
No Commissioner or employee of an authority shall voluntarily acquire any interest, direct or indirect, in any land clearance project or in any property included or planned by the authority to be included in any such project or in any contract or proposed contract in connection with any such project.
B. 
Where the acquisition is not voluntary, such Commissioner or employee shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority.
C. 
A Commissioner or employee who owns or controls any interest, direct or indirect, in such property shall not participate in any action by the authority affecting the property. If any Commissioner or employee of an authority owned or controlled within the preceding two (2) years an interest, direct or indirect, in any property included or planned by the authority to be included in any land clearance project, he/she immediately shall disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure such Commissioner or employee shall not participate in any action by the authority affecting such property.
D. 
Any violation of the provisions of this Section shall constitute misconduct in office.

Section 130.1200 Powers of Authority.

[R.O. 2009 § 2.200.11; Ord. No. 5388 §II, 5-8-2001]
A. 
An authority shall constitute a public body corporate and politic, exercising public and essential governmental functions and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this law, including the following powers in addition to others herein granted:
1. 
To sue and to be sued; to have a seal and to alter the same at pleasure; to have perpetual succession; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and to make and from time to time amend and repeal bylaws, rules and regulations, not inconsistent with this law, to carry out the provisions of this law.
2. 
To prepare or cause to be prepared and recommend redevelopment plans and urban renewal plans to the Governing Body of the community or communities within its area of operation and to undertake and carry out land clearance projects and urban renewal projects within its area of operation.
3. 
To arrange or contract for the furnishing or repair, by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or other facilities for or in connection with a land clearance project or urban renewal project; and notwithstanding anything to the contrary contained in this law or any other provision of law, to agree to any conditions that it may deem reasonable and appropriate attached to Federal financial assistance and imposed pursuant to Federal law relating to the determination of prevailing salaries or wages or compliance with labor standards in the undertaking or carrying out of a land clearance project or urban renewal project and to include in any contract let in connection with such a project provisions to fulfill such of the conditions as it may deem reasonable and appropriate.
4. 
Within its area of operation, to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, eminent domain or otherwise any real or personal property or any interest therein, including fee simple absolute title, together with any improvements thereon, necessary or incidental to a land clearance project or urban renewal project; to hold, improve, clear or prepare for redevelopment or urban renewal any such property; to develop, construct, reconstruct, rehabilitate, repair or improve residences, houses, buildings, structures and other facilities; to sell, lease, exchange, transfer, assign, subdivide, retain for its own use, mortgage, pledge, hypothecate or otherwise encumber or dispose of any real or personal property or any interest therein; to enter into contracts with redevelopers of property and with other public agencies containing covenants, restrictions and conditions regarding the use of such property for residential, commercial, industrial, recreational purposes or for public purposes in accordance with the redevelopment or urban renewal plan and such other covenants, restrictions and conditions as the authority may deem necessary to prevent a recurrence of blighted or insanitary areas or to effectuate the purposes of this law; to make any of the covenants, restrictions or conditions of the foregoing contracts covenants running with the land and to provide appropriate remedies for any breach of any such covenants or conditions, including the right in the authority to terminate such contracts and any interest in the property created pursuant thereto; to borrow money and issue bonds and provide security for loans or bonds; to insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards, including the power to pay premiums on any such insurance; and to enter into any contracts necessary to effectuate the purposes of this law; provided however, that no statutory provision with respect to the acquisition, clearance or disposition of property by other public bodies shall restrict an authority or other public bodies exercising powers hereunder in such functions, unless the legislature shall specifically so state.
5. 
To prepare a workable program.
6. 
To make plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements, plans for the enforcement of State and local laws, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition or removal of buildings and improvements; the authority may develop, test and report methods and techniques and carry out demonstrations and other activities for the prevention and the elimination of insanitary, blighted, deteriorated or deteriorating areas.
7. 
To invest any funds held in reserves or sinking funds or any funds not required for immediate disbursement in property or securities in which savings banks may legally invest funds subject to their control; to redeem its bonds at the redemption price, all bonds so redeemed or purchased to be canceled.
8. 
To borrow money and to apply for and accept advances, loans, grants, contributions and any other form of financial assistance from the Federal Government, the State, County, municipality or other public body or from any sources, public or private, for the purposes of this law, to give such security as may be required and to enter into and carry out contracts in connection therewith; an authority, notwithstanding the provisions of any other law, may include in any contract for financial assistance with the Federal Government for a land clearance or urban renewal project such conditions imposed pursuant to Federal law as the authority may deem reasonable and appropriate and which are not inconsistent with the purposes of this law.
9. 
Acting through one (1) or more Commissioners or other persons designated by the authority, to conduct examinations and investigations and to hear testimony and take proof under oath at public or private hearings on any matter material for its information; to administer oaths, issue subpoenas requiring the attendance of witnesses or the production of books and papers and to issue commissions for the examination of witnesses who are outside of the State or unable to attend before the authority or excused from attendance; to make available to appropriate agencies, including those charged with the duty of abating or requiring the correction of nuisances or like conditions or of demolishing unsafe or insanitary structures or eliminating substandard or insanitary conditions or conditions of blight within its area of operation, its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, safety, morals or welfare.
10. 
Within its area of operation, to make or have made all surveys, studies and plans, but not including the preparation of a general plan for the community, necessary to the carrying out of the purposes of this law and in connection therewith to enter into or upon any land, building or improvement thereon for such purposes and to make soundings, test borings, surveys, appraisals and other preliminary studies and investigations necessary to carry out its powers but such entry shall constitute no cause of action for trespass in favor of the owner of such land, building or improvement except for injuries resulting from wantonness or malice; and to contract or cooperate with any and all persons or agencies, public or private, in the making and carrying out of the surveys, appraisals, studies and plans.
11. 
To prepare plans and provide reasonable assistance for the relocation of families displaced from a land clearance project area or an urban renewal project area, to the extent essential for acquiring possession of and clearing or renewing the area or parts thereof;
12. 
To make such expenditures as may be necessary to carry out the purposes of this law; and to make expenditures from funds obtained from the Federal Government without regard to any other laws pertaining to the making and approval of appropriations and expenditures.
13. 
To delegate to a municipality or other public body any of the powers or functions of the authority with respect to the planning or undertaking of a land clearance project or urban renewal project in the area in which the municipality or public body is authorized to act and the municipality or public body is hereby authorized to carry out or perform such powers or functions for the authority.
14. 
To exercise all powers or parts or combinations of powers necessary, convenient or appropriate to undertake and carry out land clearance, redevelopment and urban renewal plans and projects and all the powers herein granted.
15. 
To loan the proceeds of the bonds or temporary notes hereinafter authorized to provide for the purchase, construction, extension and improvement of a project by a private or public developer pursuant to a development contract approved by the authority.

Section 130.1210 Preparation and Approval of Redevelopment and Urban Renewal Plans — Modification of Plan.

[R.O. 2009 § 2.200.12; Ord. No. 5388 §II, 5-8-2001]
A. 
Preparation and approval of redevelopment and urban renewal plans shall be carried out within the following regulations:
1. 
An authority shall not acquire real property for a land clearance or urban renewal project unless the Governing Body of the community in which the land clearance project area or urban renewal project area is located has approved the redevelopment or urban renewal plan as prescribed in Subsection (A)(9) of this Section.
2. 
An authority shall not prepare a redevelopment or an urban renewal plan for a land clearance or urban renewal project area unless the Governing Body of the community in which the area is located has declared, by resolution or ordinance, the area to be a blighted or insanitary area in need of redevelopment or in need of rehabilitation.
3. 
An authority shall not recommend a redevelopment or urban renewal plan to the Governing Body of the community in which the land clearance or urban renewal project area is located until a general plan for the development of the community has been prepared.
4. 
The authority itself may prepare or cause to be prepared a redevelopment or urban renewal plan or any person or agency, public or private, may submit such a plan to an authority. A redevelopment or urban renewal plan shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements and the proposed land uses and building requirements in the land clearance or urban renewal project area and shall include, without being limited to:
a. 
The boundaries of the land clearance or urban renewal project area, with a map showing the existing uses and condition of the real property therein;
b. 
A land use plan showing proposed uses of the area;
c. 
Information showing the standards of population densities, land coverage and building intensities in the area after redevelopment or urban renewal;
d. 
A statement of the proposed changes, if any, in zoning ordinances or maps, street layouts, street levels or grades, building codes and ordinances;
e. 
A statement as to the kind and number of additional public facilities or utilities which will be required in the area after redevelopment or urban renewal; and
f. 
A schedule indicating the estimated length of time needed for completion of each phase of the plan.
5. 
Prior to recommending a redevelopment or urban renewal plan to the Governing Body for approval, an authority shall submit the plan to the planning agency, if any, of the community in which the land clearance or urban renewal project area is located for review and recommendations as to its conformity with the general plan for the development of the community as a whole. The planning agency shall submit its written recommendations with respect to the proposed redevelopment or urban renewal plan to the authority within thirty (30) days after receipt of the plan for review. Upon receipt of the recommendations of the planning agency or, if no recommendations are received within the thirty (30) days, then without the recommendations, an authority may recommend the redevelopment or urban renewal plan to the Governing Body of the community for approval.
6. 
Prior to recommending a redevelopment or urban renewal plan to the Governing Body for approval, an authority shall consider whether the proposed land uses and building requirements in the land clearance or urban renewal project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted and harmonious development of the community and its environs which, in accordance with present and future needs, will promote health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage and other public utilities, schools, parks, recreational and community facilities and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, the prevention of the recurrence of insanitary or unsafe dwelling accommodations or insanitary areas or conditions of blight or deterioration and the provision of adequate, safe and sanitary dwelling accommodations.
7. 
The recommendation of a redevelopment or urban renewal plan by an authority to the Governing Body shall be accompanied by the recommendations, if any, of the Planning Commission concerning the redevelopment or urban renewal plan; a statement of the proposed method and estimated cost of the acquisition and preparation for redevelopment or urban renewal of the land clearance or urban renewal project area and the estimated proceeds or revenues from its disposal to redevelopers; a statement of the proposed method of financing the project; a statement of a feasible method proposed for the relocation of families to be displaced from the land clearance or urban renewal project area; and a schedule indicating the estimated length of time needed for completion of each phase of the plan.
8. 
The Governing Body of the community shall hold a public hearing on any redevelopment or urban renewal plan or substantial modification thereof recommended by the authority, 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 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.
9. 
Following the hearing, the Governing Body may approve a redevelopment or urban renewal plan if it finds that the plan is feasible and in conformity with the general plan for the development of the community as a whole. A redevelopment or urban renewal plan, which has not been approved by the Governing Body when recommended by the authority, may be recommended again to it with any modifications deemed advisable.
10. 
A redevelopment or urban renewal plan may be modified at any time by the authority, provided that if modified after the lease or sale of real property in the land clearance or urban renewal project area, the modification must be consented to by the redeveloper of the real property or his/her successor or their successors in interest affected by the proposed modification. Where the proposed modification will substantially change the redevelopment or urban renewal plan as previously approved by the Governing Body, the modification must similarly be approved by the Governing Body.
B. 
As an alternative to the procedures prescribed in Subdivisions (2) and (5) of Subsection (A), an authority may find an area to be a blighted, insanitary or undeveloped area in need of redevelopment or rehabilitation and simultaneously prepare a plan or adopt a plan presented to the authority and the authority may simultaneously recommend its finding of a blighted, insanitary or undeveloped area and the approval of a plan to the Governing Body of the community and the Governing Body may make its finding that the area is blighted, insanitary or undeveloped and approve the plan simultaneously. Simultaneously with such recommendation of a finding of a blighted or insanitary or undeveloped industrial area and recommendation of a plan to the Governing Body for approval, an authority shall submit the finding of a blighted or insanitary or undeveloped area and the plan to the planning agency, if any, of the community in which the project area is located for review and recommendation as to the conformity of the plan to the general plan for the development of the community as a whole. The planning agency shall submit its written recommendations with respect to the finding of a blighted or insanitary or undeveloped industrial area and the plan to the authority and the local Governing Body within thirty (30) days after receipt of the findings and the plan for review. Upon receipt of the recommendations of the planning agency or, if no recommendations are received within the thirty (30) days, then without the recommendations, the Governing Body may simultaneously approve the finding of a blighted or insanitary or undeveloped area and approve the plan in the manner prescribed in Subdivisions (8) and (9) of Subsection (A).

Section 130.1220 Construction of Law.

[R.O. 2009 § 2.200.13; Ord. No. 5388 §II, 5-8-2001]
This law shall be construed liberally to effectuate the purposes hereof. Insofar as the provisions of this law are inconsistent with the provisions of any other law, the provisions of this law shall be controlling.

Section 130.1230 Powers Additional To Those Conferred By Other Laws.

[R.O. 2009 § 2.200.14; Ord. No. 5388 §II, 5-8-2001]
The powers conferred by this law shall be in addition and supplemental to the powers conferred by any other law.

Section 130.1240 Adoption of Redevelopment Plan.

[R.O. 2009 § 2.200.20; Ord. No. 5524, 12-2-2002]
A. 
The Sikeston Land Clearance for Redevelopment Authority, having commissioned a redevelopment plan as authorized by the Sikeston City Council to be completed by Peckham, Guyton, Albers & Viets (hereinafter "PGAV"), hereby recommends approval and adoption of said redevelopment plan.
B. 
On December 2, 2002, the Sikeston City Council did conduct a public hearing, after having provided notice thereof as provided in Chapter 99, RSMo., at which no public objection was heard.
C. 
The Council hereby approves and adopts said redevelopment plan and authorizes and empowers the Sikeston Land Clearance for Redevelopment Authority to exercise all of its powers, duties and obligations as provided in Sections 130.1100130.1230, inclusive, and such other powers as are conferred upon the Sikeston Land Clearance for Redevelopment Authority in Chapter 99, RSMo., for the redevelopment of the areas contained within the redevelopment plan.