[R.O. 2004 § 510.010; Ord. No.
05-25 § 1, 9-8-2005]
To initiate redevelopment under Chapter 353, RSMo., a proposed
development plan shall be submitted by a redevelopment corporation.
The plan shall be filed with the City Clerk, and the Mayor and Board
of Aldermen shall be notified that the proposed development plan has
been filed.
[R.O. 2004 § 510.020; Ord. No.
05-25 § 2, 9-8-2005]
A.
Pursuant to the provisions of Section 523.205, RSMo., 2000, as amended,
the City adopts the following relocation procedures for all redevelopment
under Chapter 353 of said Statutes:
1.
BUSINESS
1.
2.
3.
DECENT, SAFE AND SANITARY DWELLING
1.
2.
3.
4.
5.
INITIATION OF NEGOTIATIONS
PERSON
DISPLACED PERSONS
HANDICAPPED PERSON
Definitions. For the purpose of
this Section, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
Any lawful activity that is conducted:
Primarily for the purchase, sale or use of personal or real
property or for the manufacture, processing or marketing of products
or commodities; or
Primarily for the sale of services to the public.
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.
A dwelling which meets applicable housing and occupancy codes.
The dwelling shall:
Be structurally sound, weathertight and in good repair;
Contain a safe electrical wiring system;
Contain an adequate heating system;
Be adequate in size with respect to the number of rooms needed
to accommodate the displaced person; and
For a handicapped person, be free of any barriers which would
preclude reasonable ingress, egress or use of the dwelling.
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 persons that
they will be displaced by rehabilitation or demolition.
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.
Persons that move from the real property or move their 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.
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.
2.
Every urban redevelopment corporation acquiring property within
a redevelopment area shall submit a relocation plan as part of the
redevelopment plan.
3.
Unless the property acquisition is subject to Federal relocation
standards, the relocation plan shall provide for the following:
a.
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;
b.
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;
c.
A program for providing 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:
(1)
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;
(2)
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;
d.
A program for 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
e.
Every displaced person shall be given a ninety-day notice to
vacate prior to the date such displaced person is required to vacate
the premises.
4.
Displaced Residential Persons.
a.
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 fixed moving expense payment;
or
(2)
Actual reasonable costs of relocation, including,
but not limited to, 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.
b.
Handicapped Displaced Occupant Allowance. In addition to the payments provided in Subsection (A)(4)(a) above, an additional relocation payment shall be provided to handicapped displaced occupants to adapt a replacement dwelling to substantially conform with the accessibility and usability of such occupant's prior residence, which shall be not less than four hundred dollars ($400.00) for each dwelling unit.
5.
All displaced businesses eligible for payments shall be provided
with relocation payments based upon the following, at the option of
the business:
a.
A three-thousand-dollar fixed moving expense payment and up
to an additional ten thousand dollars ($10,000.00) for reestablishment
expenses. Reestablishment expenses are limited to costs incurred for
physical improvements to the replacement property to accommodate the
particular business at issue; or
b.
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 reestablishment expenses. Reestablishment expenses are limited
to actual costs incurred for physical improvements to the replacement
property to accommodate the particular business at issue.
6.
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 payment shall be filed with the displacing agency within
six (6) months after:
7.
Any displaced person who is also the owner of the premises may waive relocation payments as part of the 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 this Section and the 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 Section, and a displaced person shall remain entitled to all of the provisions regarding programs which are contained in Subsection (A)(3)(b) and (c) of this Section.
8.
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 Subsection (A)(3)(c) above.
9.
Any urban redevelopment corporation, its assigns or transferees
which have been provided any assistance with land acquisition by the
City shall be required to make a report to the Board of Aldermen,
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.
10.
An urban redevelopment corporation which fails to comply with
the relocation requirements provided in this Section shall not be
eligible for tax abatement as provided for in Chapter 353, RSMo.
11.
The requirements set out in this Section shall be considered
minimum standards. In reviewing any proposed relocation plan, the
Board of Aldermen shall determine the adequacy of the proposal and
may require additional elements to be provided.
12.
Relocation assistance shall not be provided to any person who
purposely resides or locates a business in a redevelopment area solely
for the purpose of obtaining relocation benefits.
[R.O. 2004 § 510.030; Ord. No.
05-25 § 3, 9-8-2005]
A.
Full Exemption. The real property of a corporation acquired pursuant
to this Section shall not be subject to assessment or payment of general
ad valorem taxes imposed by the City for a period not in excess of
ten (10) years after the date upon which such corporation became owner
of such real property, except to such extent and in such amount as
may be imposed upon such real property during such period measured
solely by the amount the assessed valuation of the land, exclusive
of improvements, acquired pursuant to this Section and owned by such
corporation, as was determined by the Assessor of St. Charles County,
for taxes due and payable thereon during the calendar year preceding
the calendar year during which the corporation acquired title to such
real property; and the amounts of such tax assessments shall not be
increased during such period so long as the real property is owned
by a corporation and used in accordance with a development plan authorized
by the Board of Aldermen.
B.
Property Already Exempt. In the event, however, that any such real
property was tax exempt immediately prior to ownership by any such
corporation, the City shall immediately request the County Assessor
to promptly assess such land, exclusive of improvements, in accordance
with the provisions of Section 353.110, RSMo. The amount of such assessed
valuation so fixed by the County Assessor shall not be increased during
the period determined by Board of Aldermen, not to exceed ten (10)
years next following the date upon which such corporation acquired
ownership thereof, so long as such property is owned by such corporation
and used in accordance with the development plan authorized and approved
by the Board of Aldermen.
C.
Partial Exemption. For the next ensuing period not in excess of fifteen
(15) years, City ad valorem taxes upon such real property shall be
measured by the assessed valuation thereof as determined upon the
basis of fifty percent (50%) of the true value of the real property,
including any improvements thereon, nor shall such valuations be increased
over fifty percent (50%) of the true value of such real property from
year to year during the period not in excess of fifteen (15) years,
so long as such real property is owned by such corporation and used
in accordance with an authorized development plan.
D.
Determination Of Specific Percent Of Tax Exemptions. The specific
percent of tax exemptions and the specific length of time during which
the exemptions shall apply shall be determined by the Board of Aldermen
and made a part of the agreement between the City and the corporation.
E.
Full Assessment. After such periods totaling not more than twenty-five
(25) years, the real property shall be subject to assessment by the
City and payment of all ad valorem taxes based on the full true value
of the real property and shall be owned and operated by the urban
redevelopment corporation free from the conditions, restrictions and
provisions of this Chapter.
F.
Contract Between City And Corporation.
1.
Notwithstanding any other provisions of this Section to the
contrary, after appropriate notice and hearings as hereafter set out,
the contract between the City and the corporation may provide that
with respect to all property subject to the development plan, with
the exception of institutional property and property otherwise tax
exempt, which is owned by the corporation, its subsidiaries, assigns
or nominees, and is tax abated pursuant to Section 353.110, RSMo.,
and this Section, the corporation, its subsidiaries, assigns or nominees
shall with respect to all such property, in addition to the ad valorem
taxes computed under Section 353.110, RSMo., pay to the City during
the years in which tax abatement applies an annual payment in lieu
of taxes which equals the amount by which the actual tax on such property
computed pursuant to Section 353.110, RSMo., is less than the taxes
which were imposed on such property in the year immediately prior
to the year in which the abatement begins.
2.
If additional payments are required as provided in (F)(1) above,
the contract with the corporation shall provide that the obligation
to make the foregoing payments shall constitute a lien against each
parcel for which such payment is required enforceable by the City
in the same manner as general real estate taxes.
3.
The City shall furnish the Collector of Revenue a copy of the
contract requiring payment in lieu of taxes, if applicable. The Collector
shall allocate all revenues received from such payments in lieu of
taxes among all taxing authorities whose property tax revenues are
affected by the exemption or abatement on the same pro rata basis
and in the same manner as the ad valorem property tax revenues received
by each taxing authority from such property in the year such payments
are due.
[R.O. 2004 § 510.040; Ord. No.
05-25 § 4, 9-8-2005]
A.
Prior to declaring any area of the City to be a blighted area and
approving therefor a development plan and authorizing the execution
of a redevelopment agreement which grants to any urban redevelopment
corporation rights, powers, duties, immunities and obligations not
inconsistent with the provisions of the Chapter 353 Urban Redevelopment
Corporation Law, the Board of Aldermen shall hold a public hearing
for the stimulation of comment by those to be affected by any such
grant. Notice of such public hearing shall be given in writing to
each taxing jurisdictions and deposited in the United States mail,
postage prepaid, by at least seven (7) days prior to the public hearing.
The notice shall generally describe the properly affected by the proposed
development plan and designation of blight, give the time, date and
place of the hearing and state that all persons interested or affected
by the proposed designation of blight and redevelopment plan approval
are invited to attend the public hearing.
B.
Whenever the Board of Aldermen shall propose to grant an urban development
corporation tax abatement or to receive payments in lieu of taxes
pursuant to Chapter 353, RSMo., the City shall:
1.
Conduct a public hearing regarding such tax abatement exemption
or payments in lieu of taxes, at which hearing all political subdivisions
whose boundaries for ad valorem taxation purposes include any portion
of the real property to be affected by such tax abatement, exemption
or payments in lieu of taxes shall have the right to be heard on such
grant of tax abatement, exemption or payments in lieu of taxes.
2.
Furnish by mail to each political subdivision described in Subsection (B)(1) above within seven (7) days after a development plan has been filed with a written statement of the impact on ad valorem taxes such tax abatement, exemption or payments in lieu of taxes will have on such political subdivisions along with a written notice of the hearing to be held pursuant to Subsection (B)(1) above, which statement and notice shall include:
a.
The time, date and place of the public hearing;
b.
An estimate of the amount of ad valorem tax revenues of each
political subdivision which will be affected by the proposed tax abatement,
exemption or payments in lieu of taxes based upon the estimated assessed
valuation of the real property involved as such property would exist
before and after it is redeveloped; and
c.
A statement that each political subdivision or any other interested
party will be allowed to comment at such public hearing.
3.
The public hearings of the Board of Aldermen called for by this
Section may be combined with other public hearings, provided that
the notices required for each hearing are given.
[R.O. 2004 § 510.050; Ord. No.
05-25 § 5, 9-8-2005]
A.
Every ordinance approving a development plan shall contain:
1.
A finding and declaration that the development plan is in the
public interest;
2.
A provision determining the necessity for the granting of the
power of eminent domain and, in the event such necessity is found
to exist, the granting of such power in the form of a certificate
of public convenience and necessity to the corporation authorizing
and empowering the corporation to acquire by eminent domain or otherwise
all or any part of the real property for the purpose expressed in
the development plan in the area included in the development plan.
The corporation shall have the authority and powers of eminent domain
as set forth in Section 353.130, RSMo., subject to such conditions
as may be imposed by the Board of Aldermen;
3.
Other matters which are required by this Section or deemed necessary
by the Board of Aldermen and in the public interest as determined
by the Board of Aldermen in its sole discretion.
[R.O. 2004 § 510.060; Ord. No.
05-25 § 6, 9-8-2005]
A.
The Board of Aldermen may determine that it is in the public interest
and serves the public purpose as expressed in this Chapter that the
power of eminent domain be used by the City or by the urban redevelopment
corporation, or by both, in the acquisition of all or part of the
real property included in a development plan.
B.
The failure of a redevelopment corporation to acquire property pursuant
to its rights of eminent domain and to undertake the project within
three (3) years after the date of approval shall void the approving
ordinance and the rights of such redevelopment corporation shall automatically
terminate.
[R.O. 2004 § 510.070; Ord. No.
05-25 § 7, 9-8-2005]
A.
Upon enactment into law of an ordinance approving a development plan:
1.
The City shall enter into an agreement with the urban redevelopment
corporation pursuant to the terms and conditions set forth in these
provisions and the ordinance approving the development plan. The contract
between the City and the corporation shall incorporate the provisions
of the development plan and, in addition to such other terms as are
appropriate, may include the following provisions:
a.
A provision which provides for the assignment of the corporation's
rights under the development plan under terms and conditions set forth
in the contract;
b.
A provision setting forth the amount and terms of any tax abatement
for the real property to which the development plan pertains;
c.
Provisions setting forth the property, if any, the corporation
will dedicate to the City or other public agencies for public use;
d.
Provisions setting forth any improvements the City will provide
or construct in conjunction with the development plan;
e.
A provision limiting the net earnings of the corporation in
the manner specified in the Urban Redevelopment Corporations Law and
specifying the disposition of any excess earnings;
f.
Provisions setting forth the remedies for failure of the corporation
to complete development in the time and manner specified in the contract
and final development plan.
2.
The urban development corporation shall obtain all necessary
permits as prescribed by law and perform other necessary acts as required
by this Section or the ordinance approving the development plan.
[R.O. 2004 § 510.080; Ord. No.
05-25 § 8, 9-8-2005]
The provisions of the "Urban Redevelopment Corporations Law"
found at Chapter 353, RSMo., are hereby accepted and shall apply to
all persons and corporations operating under these provisions, insofar
as the same may be applicable thereto.
