[R.O. 2006 §420.010; Ord. No. 04-009 §1, 3-15-2004]
This Chapter shall be known and may be cited as the "City of Ozark Land Clearance for Redevelopment Authority (LCRA) Law".
[R.O. 2006 §420.020; Ord. No. 04-009 §1, 3-15-2004]
It is hereby found and declared that there exists in the City of Ozark insanitary, 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; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, necessitating excessive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution, punishment and the treatment of juvenile delinquency and for the maintenance of adequate Police, fire and accident protection and other public services and facilities, constitutes an economic and social liability, substantially impairs or arrests the sound growth of the City and retards the provision of housing accommodations; that this menace is beyond remedy and control solely by regulatory process in the exercise of the Police power and cannot be dealt with effectively by the ordinary operations of private enterprise without the aids herein provided; that the elimination or prevention of the detrimental conditions in such areas, the acquisition and preparation of land in or necessary to the development, renewal or rehabilitation of such areas and its sale or lease for development, renewal or rehabilitation in accordance with general plans and redevelopment or urban renewal plans of the City and any assistance which may be given by an public body in connection therewith are public uses and purposes for which public money may be expended and private property acquired; and that the necessity in the public interest for the provisions hereinafter enacted is hereby declared as a matter of legislative determination; and that certain insanitary, blighted, deteriorated or deteriorating areas or portions thereof may required acquisition and clearance, as provided in this Chapter, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation, but other areas or portions thereof, through the means provided in this Chapter, may be susceptible of conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented and to the extent feasible, salvable, insanitary and blighted areas should be conserved and rehabilitated through voluntary action and the regulatory process. The authority shall afford maximum opportunity, consistent with the sound needs of the City as a whole, to the rehabilitation or redevelopment or renewal of areas by private enterprise.
[R.O. 2006 §420.030; Ord. No. 04-009 §1, 3-15-2004]
The provisions set forth in this Chapter have been enacted in accordance with the authority granted to municipalities by the "Land Clearance for Redevelopment Authority Law", Sections 99.300 to 99.660, RSMo., and the affirmative vote of the citizens of Ozark, Missouri, at an election held within the City on the question of accepting the provisions of this Chapter held on February 3, 2004.
[R.O. 2006 §420.040; Ord. No. 04-009 §1, 3-15-2004]
As used in this Chapter, the following terms mean:
- AREA OF OPERATION
- The geographic boundaries of the City of Ozark.
- AUTHORITY OR LAND CLEARANCE FOR REDEVELOPMENT AUTHORITY
- A public body corporate and politic created by or pursuant to Section 99.330, RSMo., and this Chapter, 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.
- Any bonds, including refunding bonds, notes, interim certificates, debentures or other obligations, issued by an authority pursuant to this Chapter.
- The Clerk of the City of Ozark who is the custodian of the official records of the City.
- The City of Ozark.
- FEDERAL GOVERNMENT
- The United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.
- GOVERNING BODY
- The Board of Aldermen of the City of Ozark.
- INSANITARY AREA
- An area in which there is a predominance of buildings and improvements which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air sanitation or open spaces, high density of population and overcrowding of buildings, overcrowding of land or the existence of conditions which endanger life or property by fire and other causes or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency and crime or constitutes an economic or social liability and is detrimental to the public health, safety, morals or welfare.
- 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 of 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 thereof 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 Chapter, they shall also mean and include the words "urban renewal project" as defined in this Section.
- The elected Mayor of the City of Ozark.
- The City of Ozark.
- Any bondholders, agents or trustees for any bondholders, lessor demising to the authority property used in connection with a 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.
- PUBLIC BODY
- The State or any municipality, County, Township, board, commission, authority, district or any other subdivision of the State.
- REAL PROPERTY
- 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.
- Any person, partnership or public or private corporation or agency which enters or proposes to enter into a redevelopment or rehabilitation or renewal contract.
- The process of undertaking and carrying out a redevelopment plan or urban renewal plan.
- REDEVELOPMENT CONTRACT
- A contract entered into between an authority and redeveloper for the redevelopment, rehabilitation or renewal of an area in conformity with a redevelopment plan or an urban renewal plan.
- REDEVELOPMENT PLAN
- A plan, other than a preliminary or tentative plan, for the acquisition, clearance, reconstruction, rehabilitation, renewal or future use of a land clearance project area and shall be sufficiently complete to comply with Subsection (A)(4) of Section 150.110 and shall be in compliance with a "workable program" for the City as a whole and wherever used in Sections 150.010 to 150.300, the words "redevelopment plan" shall also mean and include "urban renewal plan" as defined in this Section.
- URBAN RENEWAL PLAN
- A plan as it exists from time to time for an urban renewal project, which plan shall conform to the comprehensive plan for the City as a whole and shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements and rehabilitation as may be proposed to be carried out in the area of the urban renewal project, zoning and planning changes, if any, land uses, maximum densities, building requirements and the relationship of the plan to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements; an urban renewal plan shall be prepared and approved pursuant to the same procedure as provided with respect to a redevelopment plan.
- URBAN RENEWAL PROJECT
- Any surveys, plans, undertakings and activities for the elimination and for the prevention of the spread or development of insanitary, blighted, deteriorated or deteriorating areas and may involve any work or undertaking for such purpose constituting a land clearance project or any rehabilitation or conservation work, or any combination of such undertaking or work in accordance with an urban renewal project; for this purpose "renewal or conservation work" may include:
- 1. Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements;
- 2. Acquisition of real property and demolition, removal or rehabilitation of buildings and improvements thereon where necessary to eliminate unhealthful, insanitary or unsafe conditions, lessen density, eliminate uneconomic, obsolete or other uses detrimental to the public welfare, or to otherwise remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities;
- 3. To develop, construct, reconstruct, rehabilitate, repair or improve residences, houses, buildings, structures and other facilities;
- 4. Installation, construction or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of the urban renewal project; and
- 5. The disposition, for uses in accordance with the objectives of the urban renewal project, of any property or part thereof acquired in the area of the project; but such disposition shall be in the manner prescribed in this Chapter for the disposition of property in a land clearance project area.
- WORKABLE PROGRAM
- An official plan of action, as it exists from time to time, for effectively dealing with the problem in insanitary, blighted, deteriorated or deteriorating areas within the City and for the establishment and preservation of a well-planned community with well-organized residential neighborhoods of decent homes and suitable living environment for adequate family life, for utilizing appropriate private and public resources to eliminate and prevent the development or spread of insanitary, blighted, deteriorated or deteriorating areas, to encourage needed urban rehabilitation, to provide for the redevelopment of blighted, insanitary, deteriorated and deteriorating areas, or to undertake such of the aforesaid activities or other feasible community activities as may be suitably employed to achieve the objectives of such a program.
[R.O. 2006 §420.050; Ord. No. 04-009 §1, 3-15-2004]
The Mayor shall appoint a Board of Commissioners of the authority which shall consist of five (5) Commissioners.
All Commissioners of the authority shall be taxpayers who have resided for a period of five (5) years in the City of Ozark.
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. 2006 §420.060; Ord. No. 04-009 §1, 3-15-2004]
The powers hereunder vested in the 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 the authority may be held anywhere within the City of Ozark.
The Commissioners of the authority shall elect a Chairman and Vice Chairman from among the Commissioners; however, the first (1st) Chairman shall be designated by the Mayor. The 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 Attorney for the City of Ozark 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. 2006 §420.070; Ord. No. 04-009 §1, 3-15-2004]
A Commissioner of the authority shall receive no compensation for his/her services but shall 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 City Clerk and such certificate shall be conclusive evidence of the due and proper appointment of such Commissioner.
[R.O. 2006 §420.080; Ord. No. 04-009 §1, 3-15-2004]
For inefficiency or neglect of duty or misconduct in office, a Commissioner of the authority may be removed by the Mayor, but a Commissioner shall be removed only after a hearing and after he/she shall have been given a copy of the charges at least ten (10) days prior to such hearing and have had an opportunity to be heard in person or by counsel. In the event of the removal of any Commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the City Clerk.
[R.O. 2006 §420.090; Ord. No. 04-009 §1, 3-15-2004]
No Commissioner or employee of the 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.
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.
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.
Any violation of the provisions of this Section shall constitute misconduct in office.
[R.O. 2006 §420.100; Ord. No. 04-009 §1, 3-15-2004]
The 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 Chapter including the following powers in addition to others herein granted:
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 Chapter, to carry out the provisions of this Chapter;
To prepare or cause to be prepared and recommend redevelopment plans and urban renewal plans to the Board of Aldermen within the City of Ozark and to undertake and carry out land clearance projects and urban renewal projects within the City of Ozark;
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 Chapter or any other provision of Chapter, 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;
Within the City of Ozark, 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 Chapter; 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 Chapter;
To prepare a workable program;
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;
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;
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 or other public body or from any sources, public or private, for the purposes of this Chapter, to give such security as may be required and to enter into and carry out contracts in connection therewith; the 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 Chapter;
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 condition or conditions of blight within the City, 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;
Within the City, to make or have made all surveys, studies and plans, but not including the preparation of a comprehensive plan for the City, necessary to carrying out of the purposes of this Chapter 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;
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 land clearing or renewing the area or parts thereof;
To make such expenditures as may be necessary to carry out the purposes of this Chapter; 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;
To delegate to any 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 other public body is hereby authorized to carry out or perform such powers or functions for the authority;
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;
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. 2006 §420.110; Ord. No. 04-009 §1, 3-15-2004]
Preparation and approval of redevelopment and urban renewal plans shall be carried out within the following regulations:
The authority shall not acquire real property for a land clearance or urban renewal project unless the Board of Aldermen has approved the redevelopment or urban renewal plan as prescribed in Subsection (A)(9) of this Section.
The authority shall not prepare a redevelopment or an urban renewal plan for a land clearance or urban renewal project area unless the Board of Aldermen has declared, by resolution or ordinance, the area to be a blighted or insanitary area in need of redevelopment or in need of rehabilitation.
The authority shall not recommend a redevelopment or urban renewal plan to the Board of Aldermen until a comprehensive plan for the development of the City has been prepared.
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 the 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:
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;
A land use plan showing proposed uses of the area;
Information showing the standards of population densities, land coverage and building intensities in the area after redevelopment or urban renewal;
A statement of the proposed changes, if any, in zoning ordinances or maps, street layouts, street levels or grades, building codes and ordinances;
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
A schedule indicating the estimated length of time needed for completion of each phase of the plan.
Prior to recommending a redevelopment or urban renewal plan to the Board of Aldermen for approval, the authority shall submit the plan to the City Planner for review and recommendations as to its conformity with the comprehensive plan for the development of the community as a whole. The City Planner shall submit his/her 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 City Planner or if no recommendations are received within the thirty (30) days, then without the recommendations, the authority may recommend the redevelopment or urban renewal plan to the Board of Aldermen for approval.
Prior to recommending a redevelopment or urban renewal plan to the Board of Aldermen for approval, the 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 comprehensive 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.
The recommendation of a redevelopment or urban renewal plan by the authority to the Board of Aldermen shall be accompanied by the recommendations, if any, of the City Planner 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.
The Board of Aldermen 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 a 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.
Following the hearing, the Board of Aldermen may approve a redevelopment or urban renewal plan if it finds that the plan is feasible and in conformity with the comprehensive plan for the development of the City as a whole. A redevelopment or urban renewal plan which has not been approved by the Board of Aldermen when recommended by the authority may be recommended again to it with any modifications deemed advisable.
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 Board of Aldermen, the modification must similarly be approved by the Board of Aldermen.
As an alternative to the procedures prescribed in Subdivisions (2) and (5) of Subsection (A), the 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 Board of Aldermen and the Board of Aldermen 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 Board of Aldermen for approval, the authority shall submit the finding of a blighted or insanitary or undeveloped area and the plan to the City Planner for review and recommendation as to the conformity of the plan to the comprehensive plan for the development of the City as a whole. The City Planner shall submit his/her written recommendations with respect to the finding of a blighted or insanitary or undeveloped industrial area and the plan to the authority and the Board of Aldermen within thirty (30) days after receipt of the findings and the plan for review. Upon receipt of the recommendations of the City Planner or if no recommendations are received within the thirty (30) days, then without the recommendation, the Board of Aldermen 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. 2006 §420.120; Ord. No. 04-009 §1, 3-15-2004]
The authority may sell, lease, exchange or otherwise transfer real property or any interest therein in a land clearance project area to any redeveloper for residential, recreational, commercial, industrial or other uses or for public use in accordance with the redevelopment plan, subject to such covenants, conditions and restrictions as may be deemed to be in the public interest or to carry out the purposes of this Chapter; provided that such sale, lease, exchange or other transfer and any agreement relating thereto may be made only after or subject to the approval of the redevelopment plan by the Board of Aldermen. Such real property shall be sold, leased or transferred at its fair value for uses in accordance with the redevelopment plan notwithstanding such value may be less than the cost of acquiring and preparing such property for redevelopment. In determining the fair value of real property for uses in accordance with the redevelopment plan, the authority shall take into account and give consideration to the uses and purposes required by such plan; the restrictions upon and the covenants, conditions and obligations assumed by the redeveloper of such property; the objectives of the redevelopment plan for the prevention of the recurrence of blighted or insanitary areas; and such other matters as the authority shall specify as being appropriate. In fixing rentals and selling prices, an authority shall give consideration to appraisals of the property for such uses made by land experts employed by the authority.
The authority shall, by public notice published at least two (2) times in a newspaper having a general circulation in its area of operation, prior to the consideration of any redevelopment contract proposal, invite proposals from and make available all pertinent information to private redevelopers or any persons interested in undertaking the redevelopment of an area or any part thereof which the Governing Body has declared to be in need of redevelopment. Such notice shall identify the area and shall state that such further information as is available may be obtained at the office of the authority. The authority shall consider all redevelopment proposals and the financial and legal ability of the prospective redevelopers to carry out their proposals and may negotiate with any redevelopers for proposals for the purchase or lease of any real property in the land clearance project area. The authority may accept such redevelopment contract proposal as it deems to be in the public interest and in furtherance of the purposes of this Chapter, provided that the authority has, not less than thirty (30) days prior thereto, notified the Board of Aldermen in writing of its intention to accept such redevelopment contract proposal. Thereafter, the authority may execute such redevelopment contract in accordance with the provisions of Subsection (A) of this Section and deliver deeds, leases and other instruments and take all steps necessary to effectuate such redevelopment contract. In its discretion, the authority may, with regard to the foregoing provisions of this Subsection, dispose of real property in a land clearance project area to private redevelopers for redevelopment under such reasonable competitive bidding procedures as it shall prescribe subject to the provisions of Subsection (A).
In carrying out a land clearance project, the authority may:
Convey to the City or other public body such real property as, in accordance with the redevelopment plan, is to be laid out into streets, alleys and public ways, this power being additional to and not limiting any and all other powers of conveyance of property to the City expressed herein generally or otherwise.
Grant servitudes, easements and rights-of-ways for public utilities, sewers, streets and other similar facilities in accordance with the redevelopment plan; and
Convey to the City, County or other appropriate public body such real property as, in accordance with the redevelopment plan, is to be used for parks, schools, public buildings, facilities or other public purposes.
The authority may temporarily operate and maintain real property in a land clearance project area pending the disposition of the property for redevelopment, without regard to the provisions of Subsections (A) and (B) above, for such uses and purposes as may be deemed desirable even though not in conformity with the redevelopment plan.
[R.O. 2006 §420.130; Ord. No. 04-009 §1, 3-15-2004]
The authority shall have the right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for a land clearance project or for its purposes under this Chapter after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. The authority may exercise the power of eminent domain in the manner and under the procedure provided for corporations in Sections 523.010 to 523.070, inclusive, and 523.090 and 523.100, RSMo., and acts amendatory thereof or supplementary thereto; or it may exercise the power of eminent domain in the manner now or which may be hereafter provided by any other statutory provision available to the City.
Property already devoted to a public use may be acquired in like manner, provided that no real property belonging to the City, the County or the State may be acquired without its consent.
[R.O. 2006 §420.140; Ord. No. 04-009 §1, 3-15-2004]
Upon a determination by resolution or ordinance of the Board of Aldermen that the acquisition and development of undeveloped vacant land, not within a blighted or insanitary area, is essential to the proper clearance or redevelopment of blighted or insanitary areas or a necessary part of the general land clearance program of the community, the acquisition, planning, preparation for development or disposal of such land shall constitute a land clearance project which may be undertaken by the authority in the manner provided in the foregoing Sections. The determination by the Board of Aldermen shall be in lieu of the declaration required by Subsection (A)(2) of Section 150.110 but shall not be made until the Board of Aldermen finds that there is a shortage of decent, safe and sanitary housing in the City; that such undeveloped vacant land will be developed for predominantly residential uses; and that the provision of dwelling accommodations on such undeveloped vacant land is necessary to accomplish the relocation, in decent, safe and sanitary housing in the City, of families to be displaced from blighted or insanitary areas which are to be redeveloped.
[R.O. 2006 §420.150; Ord. No. 04-009 §1, 3-15-2004]
The authority shall have power to issue bonds from time to time in its discretion for any of its corporate purposes including the payment of principal and interest upon any advances for surveys and plans for land clearance projects.
The authority shall also have power to issue refunding bonds for the purpose of paying or retiring or in exchange for bonds previously issued by it.
The authority may issue such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal and interest are payable:
Exclusively from the income, proceeds and revenues of the land clearance project financed with the proceeds of such bonds; or
Exclusively from the income, proceeds and revenues of any of its land clearance projects whether or not they are financed in whole or in part with the proceeds of such bonds.
Provided that any such bonds may be additionally secured by a pledge of any loan, grant or contributions or parts thereof from the Federal Government or other source or a mortgage of any land clearance project or projects of the authority.
[R.O. 2006 §420.160; Ord. No. 04-009 §1, 3-15-2004]
Bonds of the authority shall be authorized by its resolution and may be issued in one (1) or more series and shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, not in excess of the maximum rate, if any, applicable to general and business corporations, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide.
The bonds shall be sold at not less than ninety-five percent (95%) of par at public or, if the authority determines it is in the best interest of the authority to sell such bonds at private sale, notwithstanding the provisions of Section 108.070, RSMo. The reason or reasons why private sale is in the best interest of the authority shall be set forth in the order or resolution authorizing the private sale; provided however, that any issue in excess of ten million dollars ($10,000,000.00) shall be sold only at public sale; provided further, that notice of such public or private sale shall be published in a newspaper having a general circulation in the City and such medium of publication as the authority may deem at least once and not later than ten (10) days prior to such public or private sale. The decision of the authority shall be conclusive.
[R.O. 2006 §420.170; Ord. No. 04-009 §1, 3-15-2004]
Neither the Commissioners of the authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. Bonds issued under this Section by the authority shall not be a debt of the City, the County or the State and neither the City, the County or the State shall be liable thereon nor in any event shall such bonds be payable out of any funds or properties other than those acquired for the purposes of this Chapter and such bonds shall not constitute any indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.
Bonds of the authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and interest thereof and income therefrom shall be exempt from income taxes.
[R.O. 2006 §420.180; Ord. No. 04-009 §1, 3-15-2004]
In case any of the Commissioners or officers of the authority whose signatures appear on any bonds or coupons shall cease to be such Commissioners or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such Commissioners or officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this Chapter shall be fully negotiable.
In any suit, action or proceedings involving the validity or enforceability of any bond of an authority or the security therefore, any such bond reciting in substance that it has been issued by the authority to aid in financing a land clearance project, as herein defined, shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with purposes and provisions of this Chapter.
[R.O. 2006 §420.190; Ord. No. 04-009 §1, 3-15-2004]
In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of such bonds or obligations, the authority, in addition to its other powers, shall have power:
To pledge all or any part of its gross or net rents, fees or revenues from land clearance projects to which its right then exists or may thereafter come into existence;
To mortgage all or any part of its real or personal property in a land clearance project then owned or thereafter acquired;
To covenant against pledging all or any part of its rents, fees and revenues from land clearance projects or against mortgaging all or any part of its real or personal property in a land clearance project, to which its right or title then exists or may thereafter come into existence, or against permitting or suffering any lien on such revenues or property; to covenant with respect to limitations on its right to sell, lease or otherwise dispose of any land clearance project or any part thereof; and to covenant as to what other or additional debts or obligations may be incurred by it;
To covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise and as to the use and disposition of the proceeds thereof; to provide for the replacement of lost, destroyed or mutilated bonds; to covenant against extending the time for the payment of its bonds or interest thereon; and to covenant for the redemption of the bonds and to provide the terms and conditions thereof;
To covenant (subject to the limitations contained in this Chapter) as to the amount of revenues to be raised each year or other period of time by rents, fees and other revenues and as to the use and disposition to be made thereof; to create or to authorize the creation of special funds for monies held for operating costs, debt service, reserves or other purposes and to covenant as to the use and disposition of the monies held in such funds;
To prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given;
To covenant as to the use, maintenance and replacement of any or all of its real or personal property, the insurance to be carried thereon and the use and disposition of insurance monies and to warrant its title to such property;
To covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenants, conditions or obligation; and to covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;
To vest in any obligees of the authority the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; to vest in any obligee or obligees holding a specified amount in bonds the right, in the event of a default by said authority, to take possession of and use, operate and manage any land clearance project or any part thereof, title to which is in the revenues arising therefrom and to dispose of such monies in accordance with the agreement of the authority with such obligees; to provide for the powers and duties of such obligees and to limit the liabilities thereof; and to provide the terms and conditions upon which such obligees may enforce any covenant of rights securing or relating to the bonds; and
To exercise all or any part or combination of the powers herein granted; to make such covenants (other than and in addition to the covenants herein expressly authorized) and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds or, in the absolute discretion of the authority, as will tend to make the bonds more marketable notwithstanding that such covenants, acts or things may not be enumerated herein.
[R.O. 2006 §420.200; Ord. No. 04-009 §1, 3-15-2004]
The authority shall have power by its resolution, trust indenture, mortgage, lease or other contract to confer upon an obligee holding or representing a specified amount in bonds, the right (in addition to all rights that may otherwise be conferred), upon the happening of an event of default as defined in such resolution or instrument, by suit, action or proceeding in any court of competent jurisdiction:
To cause possession of any land clearance project or any part thereof, title to which is in the authority, to be surrendered to any such obligee;
To obtain the appointment of a receiver of any clearance project of said authority or any part thereof, title to which is in the authority and of the rents and profits therefrom. If such receiver be appointed, he/she may enter and take possession of, carry out, operate and maintain such project or any part thereof and collect and receive all fees, rents, revenues or other charges thereafter arising therefrom and shall keep such monies in a separate account or accounts and apply the same in accordance with the obligations of the authority as the court shall direct; and
To require the authority and the Commissioners, officers, agents and employees thereof to account as if it and they were the trustees of an express trust.
[R.O. 2006 §420.210; Ord. No. 04-009 §1, 3-15-2004]
An obligee of the authority shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:
By mandamus, suit, action or proceeding at law or in equity to compel the authority and the Commissioners, officers, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of the authority with or for the benefit of such obligee and to require the carrying out of any or all such covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by this Chapter; and
By suit, action or proceeding in equity, to enjoin any acts or things which may be unlawful or the violation of any of the rights of such obligee of the authority.
[R.O. 2006 §420.220; Ord. No. 04-009 §1, 3-15-2004]
All public officers, municipal corporations, political subdivisions and public bodies, all banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business and all executors, administrators, curators, trustees and other fiduciaries may legally invest any sinking funds, monies or other funds belonging to them or within their control in any bonds or other obligations issued by the authority pursuant to this Chapter or by any public housing or redevelopment authority or Commission or agency or any other public body in the United States for redevelopment purposes, when such bonds and other obligations are secured by a contract for financial assistance to be paid by the Federal Government or any agency thereof and such bonds and other obligations shall be authorized security for all public deposits. It is the purpose of this Section to authorize any persons, political subdivisions and officers, public or private, to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. However, nothing contained in this Section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.
[R.O. 2006 §420.230; Ord. No. 04-009 §1, 3-15-2004]
In any contract for financial assistance with the Federal Government the authority may obligate itself (which obligations shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other laws) to convey to the Federal Government possession of or title to the land clearance project and land therein to which such contract relates which is owned by the authority upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the authority is subject; such contract may further provide that in case of such conveyance, the Federal Government may complete, operate, manage, lease, convey or otherwise deal with the land clearance project in accordance with the terms of such contract; provided that the contract requires that, as soon as practicable after the Federal Government is satisfied that all defaults with respect to the land clearance project have been cured and that the land clearance project will thereafter be operated in accordance with the terms of the contract, the Federal Government shall reconvey to the authority the land clearance project as then constituted.
[R.O. 2006 §420.240; Ord. No. 04-009 §1, 3-15-2004]
All property including funds of the authority shall be exempt from levy and sale by virtue of an execution and no execution or other judicial process shall issue against the same nor shall judgment against the authority be a charge or lien upon its property; provided however, that the provisions of this Section shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage of the authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the authority on its rents, fees, grants or revenues.
[R.O. 2006 §420.250; Ord. No. 04-009 §1, 3-15-2004]
For the purpose of aiding and cooperating in the planning, undertaking or carrying out of a land clearance project located within the City, the City may, upon such terms, with reasonable consideration, as it may determine:
Dedicate, sell, convey or lease any of its interest in any property or grant easements, licenses or any other rights or privileges therein to the authority;
Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished in compliance with a redevelopment plan;
Furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or replan streets, roads, sidewalks, ways or other places which it is otherwise empowered to undertake;
Plan or replan, zone or rezone any part of the City or make exceptions from building regulations and ordinances if such functions are of the character which the City is otherwise empowered to perform;
Cause administrative and other services to be furnished to the authority of the character which the City is otherwise empowered to undertake or furnish for the same or other purposes;
Incur the entire expense of any public improvements made by the City in exercising the powers granted in this Section;
Do any and all things necessary or convenient to aid and cooperate in the planning or carrying out of a redevelopment plan;
Lend, grant or contribute funds to the authority;
Employ any funds belonging to or within the control of the City, including funds derived from the sale or furnishing of property, service or facilities to the authority, in the purchase of bonds or other obligations of the authority and, as the holder of such bonds or other obligations, exercise the rights connected therewith; and
Enter into agreements (which may extend over any period notwithstanding any provision or rule of law to the contrary) with the authority respecting action to be taken by the City pursuant to any of the powers granted by this Chapter. If at any time title to or possession of any land clearance project is held by any public body or governmental agency, other than the authority, authorized by law to engage in the undertaking, carrying out or administration of land clearance projects, including any agency or instrumentality of the United States of America, the provisions of such agreements shall inure to the benefit of and may be enforced by the City or governmental agency.
[R.O. 2006 §420.260; Ord. No. 04-009 §1, 3-15-2004]
Any sale, conveyance, lease or agreement provided for in Section 150.250 may be made by the City without appraisal, public notice, advertisement or public bidding.
[R.O. 2006 §420.270; Ord. No. 04-009 §1, 3-15-2004]
The City may grant funds to the authority for the purpose of aiding the authority in carrying out any of its powers and functions under this Chapter. To obtain funds for this purpose the City may levy taxes or may issue and sell its bonds. Any bonds to be issued by the City pursuant to the provisions of this Section shall be issued in the manner and within the limitations, except as herein otherwise provided, prescribed by the laws of the State of Missouri for the issuance and authorization of such bonds for public purposes generally.
[R.O. 2006 §420.280; Ord. No. 04-009 §1, 3-15-2004]
At least once a year, the authority shall file with the Clerk a report of its activities for the preceding year and shall make recommendations with reference to such additional legislation or other action as it deems necessary in order to carry out the purposes of this Chapter.
Every five (5) years from the date of the approval of this Chapter, the Board of Aldermen shall hold a public hearing regarding those land clearances and urban renewal projects under the jurisdiction of the authority. The purpose of the hearing shall be to determine if the authority is making satisfactory progress under the proposed time schedule contained within the approved plans for completion of such projects. Notice of such public hearing shall be given in a newspaper of general circulation in the City once each week for four (4) weeks immediately prior to the hearing.
[R.O. 2006 §420.290; Ord. No. 04-009 §1, 3-15-2004]
This Chapter shall be construed liberally to effectuate the purposes hereof. Insofar as the provisions of this Chapter are inconsistent with the provisions of any other Chapters of the Code of Ordinances of the City of Ozark, the provisions of this Chapter shall be controlling.
[R.O. 2006 §420.300; Ord. No. 04-009 §1, 3-15-2004]
The powers conferred by this Chapter shall be in addition and supplemental to the powers conferred by any other Chapters of the Code of Ordinances of the City of Ozark.