[Ord. No. 689 §1, 8-11-2015]
This Article shall be known and may be cited and referred to
as "the Urban Redevelopment Ordinance."
[Ord. No. 689 §2, 8-11-2015]
It is determined and declared by the Council that in certain
portions of the City obsolete, decadent, substandard, insanitary or
blighted areas exist occasioned by inadequate planning, excessive
land coverage, lack of property light, air or open space, defective
design or arrangement of buildings, lack of proper sanitary facilities,
or the existence of buildings which by reason of age, obsolescence,
inadequate or outmoded design, or physical deterioration have impaired
the economic value of large areas, infecting them with blight, and
that such areas are characterized by depreciated values, impaired
investments, reduced or negligible income and consequent tax delinquencies;
that such conditions exist in areas where obsolete, decadent, substandard,
insanitary, outworn or outmoded industrial, commercial or residential
buildings prevail, and the same are conducive to ill health, transmission
of disease, infant mortality, juvenile delinquency and crime, that
such condition occur chiefly in areas which are subdivided into small
parcels with multiple ownership and frequently with confusion as to
titles; that their assembly for purposes of clearance, replanning,
rehabilitation, reconstruction and redevelopment is difficult and
costly; that the existence of such condition and the failure to clear,
replan, rehabilitate, reconstruct or redevelop these areas result
in progressive deterioration, in a loss of population by the areas,
causes a wasteful expenditure of public funds for policing, and occasions
large outlays for the creation of public facilities and services elsewhere;
that it is impossible and uneconomical for individual owners to independently
undertake to remedy such conditions; that such conditions require
the employment of capital on an investment basis allowing, however,
the widest latitude in the amortization of any indebtedness created
thereby; that such conditions further require the acquisition of adequate
areas, at fair prices, the clearance of such areas through demolition
of existing obsolete, decadent, inadequate, unsafe or insanitary buildings
and the redevelopment of such areas under proper supervision with
appropriate planning as to land use and construction policies; and
that such obsolete, decadent, substandard, insanitary and blighted
areas constitute a menace to the health, safety, morals and welfare
of the citizens of the City. Therefore, the necessity for the provisions
herein enacted is declared as a matter of legislative determination
to be in the public interest.
[Ord. No. 689 §3, 8-11-2015]
The provisions of the Urban Redevelopment Corporations Law found
at Chapter 353, RSMo., are accepted and all of the provisions thereof
incorporated by reference herein. All such provisions shall apply
to all persons and corporations operating under this Article insofar
as the same may be applicable thereto.
[Ord. No. 689 §4, 8-11-2015]
The following terms, whenever used or referred to in this Article
and any contract entered into pursuant hereto, shall, unless a different
intent clearly appears from the context, be construed to have the
following meanings:
That portion of the City which the City Council has found
or shall find to be blighted, so that clearance, replanning, rehabilitation
or reconstruction thereof is necessary to effectuate the purposes
of this Article. Any such area may include buildings or improvements
not in themselves blighted, and any real property, whether improved
or unimproved, the inclusion of which is deemed necessary for the
effective clearance, replanning, reconstruction or rehabilitation
of the area of which such buildings, improvements or real property
form a part.
Those portions of the City which the Council determines,
that by reason of age, obsolescence, inadequate or outmoded design
or physical deterioration, have become economic and social liabilities
and that the conditions in such localities are conducive to ill health,
transmission of disease, crime or inability to pay reasonable taxes.
The City of Normandy.
The taking or possession of land, clearance of an area, erection
of improvements and all other related matters to effectuate an approved
development plan causing the physical rehabilitation, reconstruction
and redevelopment of an area.
An urban redevelopment corporation organized under and pursuant
to the provisions of the Urban Redevelopment Corporations Law, and
includes any life insurance company organized under the laws of, or
admitted to do business in, the State, which shall undertake a redevelopment
project under the provisions of this Article.
The cost of the redevelopment project. The term includes,
among other costs, the reasonable expense of planning the redevelopment,
including preliminary studies and surveys, neighborhood planning and
architectural and engineering services, the reasonable value of the
services performed in connection with the development plan, interest
during construction, the actual cost of the real property or any part
thereof, the actual cost of demolition of existing structures, the
actual cost of utilities, landscaping and roadways, the actual cost
of construction, equipment and furnishing of buildings and improvements,
including architectural, engineering and builder's fees, the
actual cost of reconstruction, rehabilitation, redevelopment, remodeling,
or initial repair of existing buildings and improvements, reasonable
management and operation costs until the redevelopment is ready for
use, and the actual cost of improving these portions of the area which
are to remain open spaces together with such additions to development
at costs as shall equal the actual cost of additions to or charges
in the redevelopment in accordance with the original development plan
or after approved changes therein or amendments thereto.
A plan, together with any amendments thereto, for the redevelopment
of all or any part of a blighted area.
Includes lands, buildings, improvements, land under water,
waterfront property, and any and all easements, franchises and hereditaments,
corporeal or incorporeal, and every estate, interest, privilege, easement,
franchise and right therein, or appurtenant thereto, legal or equitable,
including restrictions of record, created by plat, covenant, or otherwise,
rights-of-way, and terms for years.
The clearance, replanning, reconstruction or rehabilitation
of any blighted area, and the provision for such industrial, commercial,
residential or public structures and spaces as may be appropriate
including recreational and other facilities incident or appurtenant
thereto.
A specific work or improvement to effectuate all or any part
of a development plan.
Chapter 353, RSMo., and any amendments thereto.
[Ord. No. 689 §5, 8-11-2015]
A.
Any corporation proposing to redevelop an area of the City believed
by it to be blighted shall file a development plan with the City Clerk,
which plan shall have attached thereto a certificate from the Secretary
of State of Missouri that such corporation submitting the proposed
plan is a lawfully organized and existing Missouri Urban Redevelopment
Corporation under and pursuant to the Urban Redevelopment Corporation
Law.
B.
The City Clerk shall immediately notify the Mayor and Council, in
writing, of the submission of said plan.
[Ord. No. 689 §6, 8-11-2015]
A.
The development plan shall contain:
1.
General description. A general description
of the proposed redevelopment project showing proposed land use and
traffic circulation;
2.
Legal description. A legal description of the
proposed development area by metes and bounds or other definite designation;
3.
Stages of project. A statement of the various
stages, if more than one (1) is intended, by which the plan is proposed
to be implemented or undertaken, and the approximate time limit for
the commencement and completion of each stated, together with a legal
description of the real property to be included in each stage;
4.
Zoning changes. A statement of the proposed
changes, if any, in zoning ordinances or maps, necessary or desirable
for the redevelopment, and its protection against blighting influences;
5.
Street changes. A statement of the proposed
changes, if any, in streets or street levels, any proposed street
closings, and any changes which would have to be made to streets adjoining
or near the proposed redevelopment project;
6.
Housing. A statement of the housing accommodations
available for those persons who will be displaced by the redevelopment
project.
7.
Public property. A statement listing any real
property in public use and belonging to the City, County, State or
any political subdivision thereof, together with the consent of such
authority to the acquisition of such property;
8.
Acquisition of real property. A statement giving
the description of the real property owned, or proposed to be purchased
by the corporation;
9.
Other information. The plan, and any application
to the City for approval thereof, shall also contain such other statements
or exhibits as may be deemed relevant by the City or by the corporation.
[Ord. No. 689 §7, 8-11-2015]
A.
Upon receipt of a development plan substantially meeting the requirements
of this Ordinance, the City Clerk shall submit the plan to the Council.
At its next regular meeting the Council shall set a date for a public
hearing on the plan.
B.
In every ordinance approving a development plan, the Council shall:
1.
Make the following findings and declarations:
a.
The area included within the plan is a blighted area as defined in Section 510.040 and the Urban Redevelopment Corporation Law, and the redevelopment of the area is necessary and in the public interest under the Urban Redevelopment Corporation Law and under this Article;
b.
Approval of the plan and its implementation is necessary for
the preservation of the health, safety, morals and welfare of the
public;
2.
Make the following provisions:
a.
Direct the Mayor to enter into a contract with the corporation
pursuant to terms and conditions set forth in the ordinance approving
the plan. The contract itself may be embodied in the ordinance. Said
contract shall contain: the provisions as embodied in the plan; the
provisions as embodied in the approving ordinance; a provision that
the applicable provisions of this Article shall be incorporated by
reference to such contract; a provision that the applicable provisions
of the Urban Redevelopment Corporation Law conferred upon all such
corporations shall be incorporated by reference; a provision setting
forth rights, powers and authority which, by said law, may be conferred
by the City upon such corporation and which the City is conferring
upon said corporation by such ordinance. Said contract may provide:
a method of means for the amendment or modification of said plan;
a method of administering the implementation thereof; and any and
all other lawful provisions not inconsistent with the Urban Redevelopment
Corporation Law. No such contract, however, shall be construed as
an enlargement of the authority conferred upon the City by the Urban
Redevelopment Corporation Law;
b.
Such other matters which are deemed necessary or in the public
interest as determined by the Council.
[Ord. No. 689 §8, 8-11-2015]
A.
The City may:
1.
Clear any such real property and install, construct and reconstruct
street, utilities and any and all other City improvements necessary
for the preparation of such area for use in accordance with the provisions
of this Article; and
2.
Sell such real property for use in accordance with the provisions
of this Article.
[Ord. No. 689 §9, 8-11-2015]
In the event a plan requires a change of zoning, the corporation
may apply for the zoning change at the time the plan is filed with
the Commission, and the public hearing on the plan, and the hearing
on any proposal for zoning change at the hearing, may be held concurrently
in the discretion of the Council.
[Ord. No. 690 §§1 —
3, 8-11-2015]
A.
The following Relocation Policy shall apply to any plan, project
or area for redevelopment under the operation of Chapter 99, RSMo.,
Chapter 100, RSMo., or Chapter 353, RSMo., which proposes or includes
within its provisions or necessitates displacement of persons, when
such displacement is not subject to the provisions of the Federal
Uniform Relocation and Real Property Acquisition Policies Act of 1970
(42 U.S.C. §§4601 to 4655, as amended) or to other State
law requirements.
1.
BUSINESS
(1)
(2)
(3)
DECENT, SAFE AND SANITARY DWELLING
(1)
(2)
(3)
(4)
(5)
DISPLACED PERSON
HANDICAPPED PERSON
INITIATION OF NEGOTIATIONS
PERSON
PUBLIC AGENCY
URBAN REDEVELOPMENT CORPORATION
Definitions. As used herein, the following
terms shall mean:
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;
Primarily for the sale of services to the public; or
On a not-for-profit basis by any organization that has obtained
an exemption from the payment of Federal income taxes as provided
in §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, weather tight 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.
Any person that moves from the real property or moves his
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.
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 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.
The State of Missouri or any political subdivision or any
branch, bureau or department thereof, any public school district,
and any quasi-public corporation created or existing by law which
are authorized to acquire real property for public purpose and which
acquire any such property either partly or wholly with aid or reimbursement
from Federal funds.
A corporation organized pursuant to Chapter 353, RSMo., as
further defined in Section 353.020, RSMo.
2.
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.
3.
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:
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 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; and
(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 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.
All displaced residential persons eligible for payments shall
be provided with relocation payments based upon one of the following,
at the option of the person:
a.
A fixed moving expense payment of one thousand dollars ($1,000.00);
or
b.
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.
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 fixed moving expense payment of three thousand dollars ($3,000.00)
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
the City or other acquiring 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 by tenants
shall be filed with the displacing agency within six (6) months after:
The date of displacement; but for owners, all claims shall be filed
the date of displacement or the final payment for the acquisition
of the real property, whichever is later.
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 Relocation Policy and his entitlement to payment and shall be filed with the City or other 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 of the provisions regarding programs which are contained in Subsection (A)(3)(b) and (c) above.
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)(d) above.
9.
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.
10.
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.
11.
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 appropriate public agency 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 his business in a redevelopment area
solely for the purpose of obtaining relocation benefits.
B.
The Relocation Policy shall apply to any plan, project, or area for redevelopment under the operation of Chapter 99, Chapter 100, or Chapter 353 of the Revised Statutes of Missouri, as amended, which is hereafter filed for approval, approved, or amended, and any other land acquisition by the City through condemnation proceedings initiated after December 31, 2006.
