[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]
A.
Before
the City Council approves the exercise of eminent domain regarding
any specific property, the City Council shall:
1.
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;
2.
Determine
whether there has been an adequate public disclosure to the interested
parties of their rights under the laws regarding eminent domain;
3.
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;
4.
Determine
whether any special measures are necessary to protect the interested
parties should the eminent domain process not be completed in good
faith; and
5.
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.
