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6283
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6283
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Last modified
12/6/2004 2:48:56 PM
Creation date
11/5/2014 12:22:43 PM
Metadata
Fields
Template:
City Ordinances
Passed
1/8/2001
Ordinance Number
6283
Bill Number
8508
Introdate
12/18/2000
Description
Delmar / Delcrest Medve Redevelopment Agreement
Introduced By
Schoomer
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2.0 Methodology and Standards <br /> <br />This Bhghting Study was designed and conducted to comply with the specific requirements of <br />the Statute. The study and field work were performed during the month of December, 2000. <br /> <br />The Statute defines "blighted area" as follows: <br /> <br />an area which, by reason of the predominance of defective or inadequate street <br />layout, insanitary or unsafe conditions, deterioration of site improvements, <br />improper subdivision or obsolete platting, or the existence of conditions which <br />endanger life or property by fire and other causes, or any combination of such <br />factors, retards the provision of housing accommodations or constitutes an <br />economic or social liability or a menace to the public health, safety, morals, or <br />welfare in its present condition and use. <br /> <br />Section 99.320(31 RSMo. <br /> <br />The above definition is not confined merely to the notion of "slum clearance," but rather, <br />incorporates the notion of "economic obsolescence" as well. In Tierney v. Planned Indus. <br />Authority of Kansas City, 742 S.W.2d 146, 151 (Mo. bane 1987), the Supreme Court of <br />Missouri found that Chapter 100 RSMo, having a nearly identical definition of "blight" as does <br />the Statute in Chapter 99 RSMo, extends to economic obsolescence: <br /> <br /> The owners, finally, attack the concept of "economic undemtilization*' as <br />a basis for condemnation. They suggest that almost all land could be put to a <br />higher and better use, and argue that the concept of economic underutilization <br />is so broad as to confer upon the legislative authority and PIEA the unlimited <br />discretion to take one person's property for the benefit of another, contrary to <br />Mo. Const., Art. I, Sec. 28. <br /> <br /> We do not find the fault or the danger perceived. The concept of urban <br />redevelopment has gone far beyond "slum clearance," and the concept of <br />economic underuffiization is a valid one. This is explicit in State ex rel. <br />Atkinson v. Planned Industrial Expansion Authority of St. Louis, 517 S.W.2d 36 <br />(Mo. banc 1975), sustaining the statutes governing this case. Centrally located <br />urban land is scarce. The problems of assembling tracts of sufficient size to <br />attract developers, and of clearing uneconomic structures, are substantial and <br />serious. The willingness of the owners to sell is not controlling. We need not <br />repeat all of the evidence which was before the city council tending to show that <br />redevelopment of this area could promote a higher level of economic activity, <br />increased employment, and greater services to the pubhc. <br /> <br /> 4 <br />1527131 <br /> <br /> <br />
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