[R.O. 1992 § 550.010; Ord. No.
740 § 1 (Exh. A), 8-25-2011]
A. The following Relocation Policy (the "Relocation Policy") shall apply to land acquisitions under the operation of Chapter 99, Chapter
100, or Chapter 353 of the Revised Statutes of Missouri, as amended ("RSMo.") pursuant to any redevelopment plan, project, or area filed for approval, approved, or amended on or after August 31, 1991, and 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 Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§ 4601 to 4655, as amended) or to Subsection 1 of Section 523.205, RSMo., as well as to land acquisitions undertaken through condemnation proceedings initiated by the City or any entity acting by and through the City after December 31, 2006.
B. Definitions. As used herein, the following terms shall mean:
BUSINESS
Any lawful activity that is conducted:
a.
Primarily for the purchase, sale or use of personal or real
property or for the manufacture, processing or marketing of products
or commodities; or
b.
Primarily for the sale of services to the public; or
c.
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.C., as amended, and veterans
organizations.
DECENT, SAFE AND SANITARY DWELLING
A dwelling that meets applicable housing and occupancy codes.
The dwelling shall:
a.
Be structurally sound, weather-tight and in good repair;
b.
Contain a safe electrical wiring system;
c.
Contain an adequate heating system;
d.
Be adequate in size with respect to the number of rooms needed
to accommodate the displaced person; and
e.
For a handicapped person, be free of any barriers which would
preclude reasonable ingress, egress or use of the dwelling.
DISPLACED PERSON
Any person who 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.
GOVERNING BODY
The duly elected Board of Aldermen of the City of Wright
City.
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.
PUBLIC AGENCY
The State of Missouri or any political subdivision or any
branch, bureau, or department thereof 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.
C. The Governing Body or appropriate public agency which is required,
as a condition to receipt of Federal funds, to give relocation assistance
to any displaced person is hereby authorized and directed to give
similar relocation assistance to displaced persons when the property
involved is being acquired for the same public purpose through the
same procedures, and is being purchased solely through expenditure
of State or local funds.
D. 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.
E. 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, either by incorporation of this Relocation
Policy or by express provision therein, 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 a 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;
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 of 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 (90) day notice
to vacate prior to the date such displaced person is required to vacate
the premises.
F. 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 payment; or
2.
Actual reasonable costs of relocation including actual moving
costs, utility deposits, key deposits, storage of personal property
up to one (1) month, utility transfer and connection fees and other
initial rehousing deposits including first 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.
G. 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 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 signs 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.
H. If a displaced person demonstrates the need for an advance relocation
payment, in order to avoid or reduce a hardship, the developer or
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 payments 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.
I. Any displaced person who is also the owner of the premises may waive
relocation payments as part of 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 Section
523.205, RSMo., and his 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 of the provisions
regarding programs which are contained in Subdivisions (2) and (3)
of Subsection 5 of Section 523.205, RSMo.
J. 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 Subdivision (4) of Subsection 5 of Section 523.205,
RSMo.
K. Any urban redevelopment corporation, its assigns or transferees,
which has 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 Governing Body 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.
L. An urban redevelopment corporation that fails to comply with the
relocation requirements provided in Section 523.205, RSMo., and this
Relocation Policy shall not be eligible for tax abatement as provided
for in Chapter 353, RSMo.
M. The requirements set out in this Relocation Policy and in Section
523.205, RSMo., 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 Governing Body or public
agency shall determine the adequacy of the proposal and may require
additional elements to be provided.
N. 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.
O. The provisions of Sections 523.200 and 523.205, RSMo., and this Relocation
Policy shall apply to land acquisitions under the operation of Chapter
99, RSMo., Chapter 100, RSMo., or Chapter 353, RSMo., filed for approval,
approved or amended on or after August 31, 1991, and, as provided
by Subsection 2 of Section 523.205, RSMo., and any other land acquisition
by the City or public agency acting by and through the City through
condemnation proceedings initiated after December 31, 2006.