[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.
[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.
[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.
[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.
[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.
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.
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.
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.
Any bonds, including refunding bonds, notes, interim certificates,
debentures, or other obligations issued by an authority pursuant to
this law.
Any City, Town or Village in the State.
The Clerk or other official of the City or County who is
the custodian of the official records of the City or County.
Any County in the State.
The United States of America or any agency or instrumentality,
corporate or otherwise, of the United States of America.
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.
Any work or undertaking:
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;
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;
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;
To develop, construct, reconstruct, rehabilitate, repair or
improve residences, houses, buildings, structures and other facilities;
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.
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.
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.
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.
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.
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.
Those persons or families whose annual income does not exceed
fifty percent (50%) of the median income for the area.
The difference between gross revenues and necessary and ordinary
business expenses, including debt service, if any.
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 of Sikeston, Missouri.
The particular County for which a particular housing authority
is created.
[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.
[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.
[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.
[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.
[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.
[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.
[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).
[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.
[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.
[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 130.1100—130.1230, 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.
