The following Relocation Policy shall apply to any plan, project,
or area for redevelopment under the operation of Chapter 99 RSMo.,
Chapter 100 RSMo., Chapter 353 RSMo., which was filed for approval,
approved or amended on or after August 31, 1991 and 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 Subsection 1 of § 523.205 RSMo.:
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;
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.
Unless the property acquisition under any plan, project, or area
for redevelopment approved 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., any such plan
approved in connection with such property acquisition shall include
a relocation plan which shall, either by incorporation of this Relocation
Policy or by express provision therein, provide for the following:
Payments to all eligible displaced persons who occupied property
to be acquired for not less than 90 days prior to the initiation of
negotiations who are required to vacate the premises;
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;
A program of 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 90 days' notice of referral sites for handicapped displaced
persons and 60 days' notice of referral sites of all other displaced
persons prior to the date such displaced persons are required to vacate
the premises and arrangements for transportation to inspect referral
sites; and
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:
Actual reasonable costs of relocation including actual moving costs,
utility deposits, key deposits, storage of personal property up to
one month, utility transfer and connection fees and other initial
rehousing deposits including first and last month's rent and
security deposit.
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.
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 30 days following
receipt of sufficient documentation to support the claim. All claims
shall be filed with the displacing agency within six months after:
Any displaced person, who is also the owner of the premises, may
waive relocation payments as part of 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 § 523.205,
RSMo. and his entitlement to payment and shall be filed with the acquiring
public agency.
All persons eligible for relocation benefits shall be notified in
writing of the availability of such relocation payments and assistance
concurrent with the notice of referral sites a required in Subdivision
(3) of Subsection 5 of § 523.205 RSMo.
Any urban redevelopment corporation, its assigns or transferees,
which has 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 Board of Aldermen or appropriate public agency which shall
include, but not be limited to, the addresses of all occupied residential
building 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.
An urban redevelopment corporation which fails to comply with the
relocation requirements provided in § 523.205 RSMo., shall
not be eligible for tax abatement as provided for in Chapter 353 RSMo.
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 Board of Aldermen
or public agency shall determine the adequacy of the proposal and
may require additional elements to be provided.
Relocation assistance shall not be provided to any person who purposely
resides or located his business in a redevelopment area solely for
the purpose of obtaining relocation benefits.
The provisions of §§ 523.200 and 523.205 RSMo. shall
apply to land acquisitions under the operation of Chapter 99 RSMo.,
Chapter 100 RSMo., or Chapter 353 RSMo., filed for approval, approved
or amended on or after August 31, 1991.
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.
The sections of this Ordinance shall be severable. If any section
of this Ordinance is found by a court of competent jurisdiction to
be invalid, the remaining sections of this Ordinance are valid, unless
the court finds the valid sections of this Ordinance are so essential
and inseparably connected with and dependent upon the void section
that it cannot be presumed that the Board of Aldermen would have enacted
the valid sections without the invalid ones, or unless the court finds
that the valid sections standing alone are incomplete and are incapable
of being executed in accordance with the legislative intent.