[R.O. 2008 §8.5-1; Ord. No. 4037 §1, 8-28-2006]
The City shall not exercise the power of eminent domain either directly or through any agency, board, commission, person or entity created by or acting under authority derived from the City unless and until such action is approved by an ordinance enacted by the City Council regarding the specific property to be acquired. The City Council shall not enact such an ordinance unless it makes a legislative determination that such action is not primarily for economic development purposes. For purposes of this Section, "economic development purposes" means a use of a specific piece of property or properties which would provide an increase in the tax base, tax revenues, employment and general economic health, but does not include public use of property or the elimination of blighted, substandard or unsanitary conditions or conditions rendering the property or its surroundings a conservation area as defined in Section 99.805, RSMo.
[R.O. 2008 §8.5-2; Ord. No. 4037 §1, 8-28-2006]
Before the City Council approves the exercise of eminent domain regarding any specific property, the City Council shall:
Determine whether to provide that such authorization will expire if not acted upon by the filing of a condemnation petition with the appropriate court by a date certain;
Determine whether there has been an adequate public disclosure to the interested parties of their rights under the laws regarding eminent domain;
Determine what relocation benefits (either those statutorily required or such additional benefits that the City Council deems appropriate under the circumstances) should be offered to the interested parties;
Determine whether any special measures are necessary to protect the interested parties should the eminent domain process not be completed in good faith; and
Conduct a public hearing prior to the filing of the condemnation petition, after at least fifteen (15) days' notice published in a newspaper of general circulation and written notice by certified mail to the involved property owner(s).
[R.O. 2008 §8.5-3; Ord. No. 4037 §1, 8-28-2006]
The City Council shall determine whether to add to the required statutory notice under Section 523.250, RSMo., a provision offering to the interested parties a reasonable opportunity to mediate the issues in dispute, such as acquisition price and location and extent of the property to be acquired. If the City Council determines to add such a provision to the statutory notice, the City Council shall also decide whether to pay for the services of such a mediator to reduce the costs imposed on the interested parties and shall cause information regarding its determination on this issue to be included in the notice.