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HomeMy WebLinkAbout1999-08-01 TIF Commission ResolutionResolution No. -a -d ~ A RESOLUTION APPROVING THE RELOCATION PLAN, AMENDMENTS TO THE L-385 LEVEE REDEVELOPMENT PLAN AND RELATED MATTERS; AND RECOMMENDING SAME TO THE CITY. WHEREAS, the City of Riverside, Missouri (the "City") and the Tax Increment Financing Commission of the City of Riverside, Missouri ("TIF Commission") desire to undertake certain redevelopment activities pursuant to Chapters 99, RSMo; and WHEREAS, it is desirable to establish a relocation plan; and WHEREAS, it is desirable to amend the L-385 Redevelopment Plan; and WHEREAS, the TIF Commission desires to recommend to the Ciiy the approval of same. NOW, THEREFORE, BE IT RESOLVED BY THE TAX INCREMENT FINANCING COMMISSION OF THE CITY OF RNERSIDE, MISSOURI AS FOLLOWS: Section 1. Approval of Levee Project Relocation Assistance Plan. The Riverside- Quindaro Bend Levee District of Platte County, Missouri ("Levee District") has adopted a Levee Project Relocation Assistance Plan ("Levee District Relocation Plan") which is approved. With respect to all property rights and interests to be acquired for construction of Redevelopment Project I and displacements related to Redevelopment Project I, the Levee District Relocation Plan shall be the operative relocation plan and displacees shall, subject to the conditions and limitations of such plan, be entitled to relocation assistance and benefits from the Levee District as set forth in the Levee District Relocation Plan as then in effect. Section 2. Implementation of Relocation Plan. In the event that property is to be acquired without federal assistance pursuant to Chapters 99, RSMo, as amended, the Chairman, the City Administrator or his/her, designee(s) ("City Representative") are directed to take all necessary steps to identify the special needs of displaced persons and accommodate those needs within the project's relocation plan. Furthermore, the City Representative is directed to develop a program for the referrals of displaced persons and businesses to suitable replacement accommodations in conformity with the requirements of Relocation Assistance Act. Section 3. Amendments to Redevelopment Plan. The Redevelopment Plan is amended as follows: a. Section A of Article VII is deleted in its entirety and enacted in its place is the following: A. Site Acquisition Clearance and Preparation. It is - anticipated that the Local Sponsor will acquire, clear and prepare the real estate interests necessary to construct Redevelopment Project I pursuant to the Project Cooperation Agreement (the "PCA") between the Local Sponsor and the Corps. It is anticipated that site acquisition, clearance and preparation for the construction of Redevelopment Project II will be addressed in the Development Agreement between the City and the developer selected to implement Redevelopment Project II. The City and/or the TIF Commission may acquire, clear, prepare and/or develop any and all property within the Redevelopment Area which it deems necessary, in its sole discretion, to facilitate the objectives of this Redevelopment Plan. To the extent so deemed necessary in connection with the Redevelopment Plan, the City and/or the TIF Commission may, failing acquisition by negotiation, exercise its power of eminent domain for purposes of acquiring temporary and permanent rights-of-way, easements, fee simple and any other property interests. Any property interest (except for public rights-of-way) acquired by the City or the TIF Commission under the power of eminent domain may be conveyed to one or more developers selected to implement one or more Redevelopment Projects pursuant to this Redevelopment Plan. A Relocation Plan to provide assistance to persons or entities in the Redevelopment Area who will be displaced as a result of acquisition of property by the City or the TIF Commission or construction of the Redevelopment Projects, which Relocation Plan complies with the requirements of Section 523.200 et seq., RSMo, is attached as Exhibit 13. b. In order to clarify that Payments in Lieu of Taxes do not include any taxes or assessments levied by the Levee District, Article III, Definition Y is amended to add the following phrase to the end of Definition Y: ;provided, however, such term shall not include any taxes or assessments levied by the Levee District. Section 4. Relocation Plan. The Relocation Plan attached as Exhibit 13 with such changes as may be made from time to time by the City is approved. Section 5. Recommendations to the City. The TIF Commission recommends that the City pass one or more ordinances: a. Approving the Levee District Relocation Plan and providing that with respect to all property rights and interests to be acquired for construction of Redevelopment Project I and displacements related to Redevelopment Project I, the Levee District Relocation Plan shall be the operative relocation plan and displacees shall, subject to the conditions and limitations of such plan, be entitled to relocation assistance and - benefits from the Levee District as set forth in the Levee District Relocation Plan as then in effect. b. Providing that if property is to be acquired without federal assistance pursuant to Chapters 99, RSMo, as amended, the Chairman, the City Administrator or hisl}ter designee(s) ("City Representative") are directed to take all necessary steps to identify the special needs of displaced persons and accommodate those needs within the project's relocation plan. Furthermore, the City Representative is directed to develop a program for the referrals of displaced persons and businesses to suitable replacement accommodations in conformity with the requirements of Relocation Assistance Act. c. Approving the Amendments to the Redevelopment Plan set forth in Section 3 above. d. Approving the Relocation Plan attached as Exhibit 13 with such changes as may be made from time to time by the City. Section 6. Effective Date. This Resolution shall be in full force and effect from and after its passage and approval. PASSED BY THE TAX INCREMENT FINANCING COMMISSION OF THE CITY OF RIVERSIDE, MISSOURI, THIS ~~ DAY OF AUGUST 1999. [seal] Chai an Secretary 5. Eligible displaced residents may choose between (a) a fixed dislocation allowance of $500.00 or (b) payment for actual moving costs and initial housing deposits including first and last months' rent and security deposits. 6. Eligible displaced businesses may choose between (a) a fixed dislocation allowance of $1,500.00 or (b) payment for actual moving costs. 7. Written notice of the availability of relocation payments and assistance. In addition, the Relocation Statute permits any owner/occupant of property to waive their relocation payments as part of the negotiation process for the acquisition of the land. III. LIMITATIONS ON ELIGIBILITY No displacee shall be eligible for relocation assistance or payments or be considered an eligible displacee under this Relocation Plan if any of the following occur: I. If such a displacee is a person or business who occupied the property for less than ninety consecutive days immediately prior to the date the owner received the initial offer to purchase the property. As the offer dates will vary for each property, the date when an occupant becomes eligible, which is called the "initiation of negotiations date," will be determined individually for each property. 2. If the offer is contingent upon the receipt of an Acceptable Bid, if an Acceptable Bid is not received. 3. If the offer is contingent upon the receipt of an Acceptable Bid, if the displacee is not occupying the property at the time the Acceptable Bid is received. 4. If the displacee relocates at any time prior to the displacee receiving a notice from the City or the applicable developer instructing the displacee [o vacate the property. 5. No relocation payment shall be attributable to any period of time prior to the eligible displacee receiving a notice to vacate from [fie City or the applicable developer. IV. Relocation Assistance Each displacee, both residential and commercial, will be given written notice of the availability of relocation assistance and payments. Each displacee will have an initial meeting with a City official, who will collect baseline information regarding their eligibility for assistance, relocation requirements and other needs which would ease the relocation process. The official will serve as a resource for the occupant to ask questions about the relocation process and obtain any necessary assistance. The type of services the City will provide will include the following: Eligible Residential Displacees -Tenants and Owners/Occupants I . Written information explaining the relocation program and at least 90 days written advance notice prior to the time they are required to vacate. 2. A program of referrals by which each displaced occupant may receive up to three (3) referrals . to decent, safe and sanitary housing which the residents can afford. Efforts will be made to assist residents in obtaining affordable housing in the areas where they wish to reside. - - -2- month's rent and security deposit ([he cost of upgrading any personal property or materials is excluded). As part of the acquisition price for the property, the owner/occupant may agree to waive any other relocation payment as provided in the Policy or the Relocation Plan. 3. Relocation Payments for Residential Tenants. Residential tenants may choose to receive a relocation payment by choosing one of the following options: (a) $500; or (b) Actual reasonable and necessary 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 re-housing deposits including first and last month's rent and security deposit (the cost of upgrading any personal property or materials is excluded). Eligible Commercial Displacees 1. Eligibility. Any business that moves from the real property, or moves its personal property from the real property permanently and voluntarily as adirect result of the acquisition, rehabilitation, demolition of, or receives written notice of intent to acquire such real property, in whole or in part, for a specified redevelopment project (other than Redevelopment Project I) will be eligible for relocation benefits, provided that the business which occupied the property to be acquired which will be displaced occupied the property for not less than ninety days prior to the date the owner received the initial offer to purchase the property. As the offer dates vary for each property, the date when an occupant becomes eligible, which is called the "initiation of negotiations date," will be determined individually for each property. A business includes any partnership, corporation or association which conducts a lawful activity which is 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. Relocation assistance will not be provided to any business which purposely resides or locates on a property in the Redevelopment Area solely for the purpose of obtaining relocation benefits. _ 2. Relocation Payments for Owner/Occupants of Commercial Property. Commercial owner/occupants may receive a relocation payment by choosing one of the following options: (a) A fixed payment of $1,500; or (b) Actual reasonable and necessary costs of moving, including costs for packing, crating, disconnection, dismantling, reassembling and installing all personal equipment, costs for relettering similar signs and similar replacement stationary. As part of the acquisition price for the property, the owner/occupant may agree to waive any other relocation payment as provided in the Policy or the Relocation Plan. 3. Relocation Payments for Commercial Tenants. Commercial tenants may receive a relocation payment by choosing one of the following options: (a) A fixed payment of $1,500; or (b) Actual reasonable and necessary costs of moving, including costs for packing, crating, r, disconnection, dismantling, reassembling and installing all personal equipment, costs for - relettering similar signs and similar replacement stationary. ~ - -4- 4. Ineligible Moving and Related Expenses. A displaced business is not entitled to payment for the following items: (a) The cost of moving any structure or other real property improvement in which the displaced person reserves ownership; or (b) Interest on a loan to cover moving expenses; or (c) Loss of goodwill; or (d) Loss of profits; or (e) Loss of trained employees; or (f) Any additional operation expense of a business incurred because of operating in a new location; or (g) Any legal fees or other cost for preparing a claim for a relocation payment or for representing the claimant before the TIF Commission, the City, the Review Committee or a developer; or (h) Physical changes to the real property including the cost of upgrades at the replacement location; or (i) The cost of upgrading any equipment or personal property. Review Procedure 1. Initiating an Appeal. A person may initiate an appeal by personally delivering or mailing a written notice of appeal to the City c/o the City Administrator within sixty (60) calendar days after the person receives written notification of a determination by a developer or other responsible party regarding the person's claim for relocation payments and assistance. The appealing party is entitled to inspect and copy all materials pertinent to his/her appeal in preparing the written notice. 2. Statement of Appeal.. The appealing party shall file with the City a written statement of appeal describing in detail the error allegedly made in determining the person's eligibility or amount or type of relocation assistance and attach any pertinent documentation. All statements shall be confined to factual and legal issues. 3. Review Committee. Each appeal will be reviewed by a Review Committee consisting of the City Administrator, the City Attorney and a member from either the Tax Increment Financing Commission of the City or the Board of Aldermen of the City. The determination of the Review Committee shall be made on the basis of the statement of appeal and supporting documentation and any response by the parties, provided, however, that the Review Committee, in its sole discretion, may request the parties to appear a[ a hearing at a mutually agreeable time and place. Neither party may submit additional material at that time. Each party may have the opportunity to be represented by legal counsel at the party's expense. 4. Determination and Notification. Within thirty (30) days, the Review Committee shall make a written determination on the appeal including an explanation of the basis upon which the decision was made. The Review Committee shall furnish a copy to both parties. -5-