[R.O. 2013 §6.5-1; Ord. No. 1.140 (Bill. No. 2043) §1, 4-15-2004; Ord. No. 1.140 (Bill No. 2208) §1, 1-4-2007]
A. As used herein, the following terms shall mean:
BUSINESS
Any lawful activity which is conducted:
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1.
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Primarily for the purchase, sale or use of personal or real
property or for the manufacture, processing or marketing of products
or commodities; or
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2.
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Primarily for the sale of services to the public;
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3.
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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.A., as amended, and veterans
organizations.
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DECENT, SAFE AND SANITARY DWELLING
A dwelling which meets applicable housing and occupancy codes.
The dwelling shall:
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1.
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Be structurally sound, weather-tight and in good repair;
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2.
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Contain a safe electrical wiring system;
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3.
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Contain an adequate heating system;
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4.
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Be adequate in size with respect to the number of rooms needed
to accommodate the displaced person; and
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5.
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For a handicapped person, be free of any barriers which would
preclude reasonable ingress, egress or use of the dwelling.
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DISPLACED PERSON
Any person that moves from the real property or moves his/her
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.
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.
B. 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.
C. 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 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 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; and
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 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
5.
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.
D. 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 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 (1st) 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.
E. 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 moving expense 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 sign 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.
F. If a displaced person demonstrates the need for an advance relocation
payment in order to avoid or reduce a hardship, the developer or the
City 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:
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.
G. 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 relocation policy and his/her 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 the provisions regarding programs which are contained in Subsections
(C)(2) and
(3) above.
H. 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
(C)(3) above.
I. Any urban redevelopment corporation, its assigns or transferees,
which have 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 City Council 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.
J. An urban redevelopment corporation which fails to comply with the
relocation requirements provided in this relocation policy shall not
be eligible for tax abatement as provided for in Chapter 353, RSMo.
K. The requirements set out herein 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 City Council
or public agency shall determine the adequacy of the proposal and
may require additional elements to be provided.
L. Relocation assistance shall not be provided to any person who purposely
resides or locates his/her business in a redevelopment area solely
for the purpose of obtaining relocation benefits.
[R.O. 2013 §6.5-2; Ord. No. 1.177 (Bill No. 2388) §§1 — 3, 5-20-2010]
A. The use of eminent domain within the City of Arnold shall be limited.
The use of eminent domain with the City of Arnold shall be subject
to the following limitations:
1.
Compliance with Missouri law. The power of
eminent domain shall not be exercised by the City of Arnold to take
property for any use except in strict compliance with Missouri law.
2.
Certain properties shall not be blighted. The
City of Arnold shall not declare blighted for the purpose of exercising
eminent domain any real property that is used primarily for agricultural
or horticultural purposes.
3.
Eminent domain shall not be used for enhancing tax
revenues. The power of eminent domain shall not be used solely
for the purpose of enhancing retail sales tax revenues.
4.
Eminent domain may be used for limited purposes. Property may be taken, subject to the limitations and conditions
herein set forth, for municipal governmental needs including, but
not limited to, transportation needs, roads, bridges, sewer lines,
rights-of-way, parks, utilities, or other public health and safety
needs, benefits or purposes.
B. Property Owner Bill Of Rights. Property owners
in the City of Arnold shall possess, and the City Council shall use
due diligence to protect, the following rights of property ownership:
1.
Private property shall only be taken for public use by eminent
domain after good faith efforts of negotiation have failed.
2.
Private property shall not be taken without compensation and
then only in the manner prescribed by law.
3.
The use of property, or rights in property, shall be declared
at the time of such property, or rights in property are taken by eminent
domain.
4.
Private property shall not be taken for private use or private
ownership via the use of eminent domain.
C. Applications Of Ordinance Limited To Subsequent Takings. The provisions of the ordinance shall only apply to the exercise
of eminent domain for acquisitions subsequent to the effective date
of this Section.
[Ord. No. 1.222 (Bill No. 2578), 3-6-2014]
A. Purpose. This Section sets out the required review
and approval procedures for the detachment of territory (de-annexation)
of any portion of land within the corporate limits of the City of
Arnold.
B. Application Submittal. A complete application for
the detachment of territory (de-annexation) shall be submitted to
the Community Development Director in a form established by the City
(detachment (de-annexation) application), along with a non-refundable
fee that has been established by the City to defray the cost of processing
the application. No application shall be processed until the application
is complete and the required fee has been paid. The application shall
be made and shall be signed by all owners of lands that the owners
seek to have detached (de-annexed). If all such owners do not submit
the application, that fact shall be noted on the application along
with the names and addresses of all owners who are not a party to
the application. The following shall be submitted in support of a
detachment (de-annexation) application:
1.
A written explanation of why the detachment of territory (de-annexation)
is being requested.
2.
Names and addresses of all owners of property abutting the
proposed territory to be detached (de-annexed).
3.
Notarized affidavit(s) from each owner(s) of land that is proposed
to be detached (de-annexed), who are not listed as an applicant, indicating
their consent to the detachment of territory (de-annexation).
4.
A survey or such other drawing acceptable to the Director of
Community Development depicting the proposed territory to be detached
(de-annexed), any utilities contained therein and the properties and
each property's ownership surrounding the proposed territory
to be detached (de-annexed).
5.
A legal description of the property to be detached (de-annexed).
C. Review And Report-Director Of Community Development. The Director of Community Development shall prepare a staff report
that reviews the proposed detachment (de-annexation) request in light
of the Comprehensive Plan and the general needs of the City to include
the proposed detachment's affect on surrounding land within the
City. The Director of Community Development shall provide a copy of
the report to the Planning Commission and the applicant at least five
(5) days before the scheduled Planning Commission public hearing.
D. Notice Of Public Hearing.
1.
Newspaper notice. Notice of the time and place
of the scheduled public hearing before the Planning Commission shall
be published in a newspaper of general circulation at least two (2)
weeks prior to the public hearing, said notice to include the legal
description of the property to be detached (de-annexed).
2.
Written notice. The City will attempt to notify,
by mail, all owners of property abutting the proposed territory to
be detached (de-annexed).
E. Review And Recommendation-Planning Commission. The
Planning Commission shall consider the detachment (de-annexation)
request in light of the Comprehensive Plan, the public hearing and
the general needs of the City to include the proposed detachment's
affect on surrounding land within the City. After such consideration,
the Planning Commission shall make a recommendation to approve or
disapprove the detachment (de-annexation). The Planning Commission's
recommendation shall be provided to the City Council and the applicant
at least five (5) days before the meeting at which the City Council
considers the detachment (de-annexation).
F. Review And Action-City Council. The City Council
shall consider the detachment (de-annexation) request at a regular
meeting. The City Council may approve (said approval to be by ordinance)
the application if it determines from the submitted evidence and testimony
that:
1.
Due and legal notice has been given by publication as required
herein;
2.
No private rights will be injured or endangered by the detachment
(de-annexation);
3.
The public will suffer no loss or inconvenience thereby and
that in justice to the applicant or applicants the application should
be granted;
4.
The detachment (de-annexation) is in the City's best interests.
The City may retain easements in the detached (de-annexed) property
if deemed necessary for the public good or welfare; and
5.
The original annexation was voluntary.
G. Any ordinance passed detaching (de-annexing) territory shall contain
the legal description of the land detached (de-annexed) and shall
instruct the City Clerk to cause three (3) certified copies of the
ordinance to be filed with the County Clerk of Jefferson County, Missouri,
and to cause a certified copy of the ordinance to be recorded in the
office of the Director of Records of Jefferson County, Missouri.