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(a) When a general neighborhood renewal plan or an urban renewal or urban redevelopment plan and supporting documentation therefor is filed with Council, Council shall refer such plan and supporting documentation to the Planning Commission for its review and recommendations, including its approval or disapproval thereof, and its certification as to whether or not the plan is in conformity with the General Plan of the City, by causing a copy of such plan and supporting documentation to be delivered to the person charged with the preparation and custody of the record of proceedings of the Commission.
(b) The Commission shall submit in writing to Council its approval or recommendations concerning such plan. Unless recommendations or disapprovals are received from the Commission on or before the thirtieth day after the day of delivery to the person charged with the preparation and custody of the record of proceedings of the Commission relative to such plan and supporting documentation, the plan shall be conclusively presumed to have been approved by the Commission.
(Ord. 67-189. Passed 8-21-67.)
(a) Council, before approving a general neighborhood renewal plan or an urban renewal or urban redevelopment plan, shall hold a public hearing on the plan at which an opportunity shall be provided to all persons interested to be heard either in person or by counsel, which hearing may be adjourned from time to time. Notice of the date, time and place of such hearing shall be published in a newspaper of general circulation in the City once a week for two consecutive weeks on the same day of the week, and at least seven full days shall elapse between the second publication and the date set for the public hearing. Such notice shall also contain a description of the project area by its location in relation to highways, streets, watercourses or other natural or artificial boundaries, and shall also designate the place at which the plan, maps, plats and other materials describing the project area are and shall be available for public inspection.
(b) Following the completion of such public hearing, Council shall either approve or reject the general neighborhood renewal plan or the urban renewal or urban redevelopment plan, or make modifications and approve such plan as modified, provided that, if:
(1) The boundaries of the project area are extended to include any land (except land contained within the right-of-way lines of a dedicated street or alley) not included in the urban renewal or urban redevelopment plan upon which the public hearing was held pursuant to subsection (a) hereof, or if there is added a type of urban renewal or redevelopment activity not included in the urban renewal or urban redevelopment plan upon which the public hearing was held pursuant to subsection (a) hereof, which requires the acquisition of property, or if there is any change deemed by Council to be substantial in land use or redevelopment restrictions contained in the urban renewal or urban redevelopment plan upon which the public hearing was held pursuant to subsection (a) hereof, a public hearing shall be held on such urban renewal or urban redevelopment plan as modified prior to the approval thereof by Council in accordance with the provisions of subsection (a) hereof; and
(2) Such modification is other than in accordance with the recommendations of the Planning Commission, such general neighborhood renewal plan or urban renewal plan or urban redevelopment plan as modified shall be resubmitted to the Planning Commission, for its written approval or recommendations pursuant to the provisions to Section 161.07.
(c) When Council wishes to approve a general neighborhood renewal plan or an urban renewal or redevelopment plan, it shall do so by ordinance passed by not less than a majority vote, pursuant to the City Charter. However, if such plan has not been approved by the Commission, or if there were any partial disapprovals by or adverse recommendations of the Commission not accepted by Council by its modifications of the plan in accordance therewith, then an affirmative vote of two-thirds of the members of Council shall be required to pass such ordinance.
(d) The ordinance of Council approving a general neighborhood renewal plan should contain a finding that such plan conforms to the General Plan and to the workable program of the City and such other findings as may be necessary or desirable, but need not contain the other findings set forth in subsection (e) hereof for approval of urban renewal or redevelopment plans. Such approval of a general neighborhood renewal plan may be made before or at the same time as the approval of an urban renewal or redevelopment plan for a project within the general neighborhood renewal area.
(e) The ordinance of Council approving an urban renewal or redevelopment plan shall include the following findings:
(1) Specific findings of fact as to the conditions in the project area which make it a slum, blighted, deteriorated or deteriorating area, and findings that the project area is a slum, blighted, deteriorated or deteriorating area;
(2) That the size and character of the area and the location of elements of slum, blight and deterioration in the area make it appropriate for urban renewal activities;
(3) That the proposals for the proper relocation of individuals and families displaced in carrying out the project in decent, safe - and sanitary dwellings in conformity with acceptable standards are feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the project and that such dwellings or dwelling units available or to be made available to such displaced individuals and families are at least equal in number to the number of displaced individuals and families, are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families in the project area, are available at rents or prices within the financial means of the displaced individuals and families, and are reasonably accessible to their places of employment;
(4) (This finding is made only if Federal aid is needed.) That financial aid to be provided by the Federal government under its contract is necessary to enable the project to be undertaken in accordance with the plan;
(5) That the plan for the project area affords maximum opportunity consistent with the sound needs of the community as a whole for the rehabilitation or redevelopment of the project area by private enterprise;
(6) That the plan conforms to the existing General or Master Plan for the overall development of the City;
(7) (This finding is made only if Federal aid is involved.) That the plan gives due consideration to provisions for adequate park and recreational areas and facilities as may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of the children residing in the general vicinity of the site covered by the plan;
(8) (This finding is made only if Federal aid is involved and there is included in the plan any provision permitting the new construction of hotels, motels or other housing for transient use.) That the City has caused to be made a competent independent analysis of the local supply of transient housing and as a result thereof determines that there exists in the project area a need for additional units of such housing;
(9) (This finding is made only if Federal aid is involved and the project area is not predominantly residential in character and is not to be redeveloped for predominantly residential use.) That the redevelopment of the project area for predominantly nonresidential uses is necessary for the proper development of the community;
(10) (This finding is made only where an open space land programs is involved.) That the land and the interests in land to be acquired are for the purpose of preserving such area as open space land and are necessary to orderly long range development, to curb urban sprawl and the spread of urban blight and deterioration, to encourage more economical and desirable urban development and to provide areas for parks, playgrounds, parkways, conservation areas, watersheds, and to preserve natural resources, and that the area to be so acquired is of a size and character appropriate for such purpose;
(11) (This finding is made only if Federal aid is involved and clearance is the sole treatment proposed.) That the objectives of the urban renewal plan cannot be achieved through rehabilitation of the urban renewal area;
(12) (This finding is made only if Federal aid is involved and both clearance and rehabilitation treatment are proposed.) That the objectives of the urban renewal plan cannot be achieved through more extensive rehabilitation of the urban area;
(13) (This finding is made only if Federal aid is involved.) That the United States of America and the Secretary of Housing and Urban Development are hereby assured of full compliance by the City with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964;
(14) (This finding is made only where an educational institution or a hospital is located in or near the project area and it is desired to utilize Section 112 of the Housing Act of 1949, as amended.) That, in addition to the elimination of slums and blight from such area, the undertaking of an urban renewal or urban redevelopment project in such area shall further promote the public welfare and the proper development of the community:
A. By making land in such area available for disposition for uses in accordance with the urban renewal or urban redevelopment plan, to such educational institution or hospital for redevelopment in accordance with the uses specified in the urban renewal or urban redevelopment plan;
B. By providing, through the redevelopment of the area in accordance with the urban renewal or urban redevelopment plan, a cohesive neighborhood environment compatible with the functions and needs of such educational institution or hospital; or
C. By any combination of the foregoing; and
(15) (This finding is made only if Federal aid is involved.) That consideration has been given to development of a sewer system to serve the urban renewal area which shall, to the maximum extent feasible, provide for effective control of storm and sanitary wastes.
(f) The Clerk of Council shall certify as true and correct and deliver to the Mayor a copy of the aforesaid ordinance of Council approving the plan for appropriate further action, and any documents which were submitted to the Council to support findings made in the ordinance shall be filed with a copy of the ordinance.
(g) The taking effect of the ordinance approving an urban renewal or redevelopment plan shall constitute authority to spend moneys of the City appropriated for carrying out urban renewal or redevelopment activities in accordance with the plan, as well as the proceeds of bonds or notes issued for such purpose, and to accept advances, gifts, donations and grants from the Federal government, the State of Ohio, any entity, instrumentality or subdivision of either, or from any other entity or person for such purpose.
(Ord. 67-189. Passed 8-21-67.)
Any contract with a Federal agency for loans, advances, grants or other Federal aid to the City shall be approved by the City Law Director as to form and legality and, after approval and authorization by ordinance of Council, shall be executed by the Mayor.
(Ord. 67-189. Passed 8-21-67.)
An approved urban renewal plan may be amended, modified or changed by ordinance of Council from time to time, provided that if the boundaries of the project area are extended to include any land (except land contained within the right-of-way lines of a dedicated street or alley) not previously included therein or if there is added a new type of urban renewal activity which requires the acquisition of property, or if there is any change in the land use or redevelopment restrictions, deemed by Council to be substantial, or if there is a change in the proposed location, extent or character of a public improvement or utility within the project area or in any other matter directly within the jurisdiction of the Planning Commission to approve or disapprove, or if such amendment modification or change is deemed by Council to be a substantial change in the urban renewal or redevelopment plan, then all of the proceedings provided for in Sections 161.07 and 161.08 shall be carried out in connection with such amendment, modification or change except that the findings to be made in the ordinance approving the urban renewal or urban redevelopment plan shall be altered to fit the circumstances. The land use or redevelopment restrictions applicable to any land previously conveyed by the City may not be amended, modified or changed without the consent of the property owner thereto.
A general neighborhood renewal plan may be amended, modified or changed by ordinance of Council from time to time, provided that any such amendment, modification or change shall be submitted to the Commission for its written approval or recommendations pursuant to the provisions of Section 161.07.
(Ord. 67-189. Passed 8-21-67.)
(a) Acquisition of Property. When authorized by Council, the Mayor shall cause the necessary steps to be taken to acquire the parcels of land in the project area in accordance with the urban renewal or redevelopment plan, including, but not limited to, the negotiation for such parcels, obtaining appraisals, title examinations and reports and executing contracts for any of such services and appropriate documents to transfer title to the City; provided that in the event appropriation of property is necessary, Council shall initiate and carry out, with the appropriate assistance of the several officers, employees, boards and commissions of the City, the proceedings in accordance with the City Charter and Ohio R.C. Chapter 163. Acquisition may take place at any time after compliance with Sections 161.07 and 161.08.
(b) City Activities Preparing Property for Disposition. After any necessary appropriations of City moneys and authorization of expenditures by ordinance of Council, Council action, where appropriate, to rezone property, vacate or dedicate streets or other public places and provide for the establishment and preservation of open space areas, certification of funds by the City Auditor, where appropriate, and preparation and approval of legal form of contracts by the City Law Director, the Mayor shall make the contracts, purchase the supplies and materials and provide the labor, pursuant to and in accordance with applicable provisions of the City Charter and these Codified Ordinances, for such City activities as may be necessary to carry out the urban renewal project, including, but not limited to, the demolition, rehabilitation or repair of structures (whether voluntarily by the private owners thereof or by the City for demonstration purposes in limited numbers), the removal of pavement, sidewalks, lighting and trees, capping, removal and relocation of City-owned utility lines, grading, construction of site improvements and supporting facilities and the temporary lease, rental or permission to let others use structures or parcels of land while owned by the City, relocation activities and the enforcement of any applicable provisions of law or conforming agreements relative to building, zoning, platting and the repair or rehabilitation of land and structures remaining in private ownership.
(c) Disposition of Property. After its determination that real property is not needed for any Municipal purpose because continued public ownership thereof will not be necessary to the carrying out of the purpose of eliminating conditions of slum and blight and because the sale thereof is necessary to carry out the purpose of preventing the occurrence or recurrence of the conditions of slum and blight, Council may authorize by ordinance the transfer, lease or conveyance of any real property in accordance with and for the purposes of the plan, subject to such lawful terms, conditions, restrictions and covenants (including covenants running with the land) to assist in carrying out the purposes of the plan. All dispositions of real property shall be at not less than the fair value thereof determined by Council based upon the proposed new uses and restrictions to be imposed thereon under the urban renewal plan by Council through zoning ordinances, private covenants or otherwise. Such determination shall be made only after obtaining independent appraisals of such fair value upon the aforesaid bases, which appraisals shall not be binding upon the City. The manner of disposition shall be prescribed by ordinance, and may be by negotiation, with or without any competitive bidding and such competition and award of a disposition contract may be based on factors other than price alone. Two weeks' publication of notice in a newspaper of general circulation in the City shall be sufficient notice for the taking of competitive bids. The financial and legal ability of those proposing to acquire or lease such real property shall be considered in all dispositions. The Mayor shall execute, on behalf of the City, such instruments as may be necessary to transfer, lease or convey such real property in the form approved by the City Law Director and authorized by Council, which form shall include all covenants running with the land, including any portions of the plan incorporated by reference. The Mayor shall execute any certificates of completion of improvements or other appropriate instruments, on behalf of the City, that may be necessary in accordance with any covenants in such instruments of lease or conveyance.
(d) Conforming Agreements. If the owner of property in the project area is willing to make the use of his property conform to the urban renewal or redevelopment plan and Council finds and determines that the acquisition of such property by the City will not be necessary if so conformed, the Mayor, upon Council's authorization, may enter into a conforming agreement upon such terms and security as may be authorized by Council. Such agreement may provide for the acquisition of property upon continued failure of the property owner to keep his agreement after notice from the City specifying such failure.
(e) Employment of Community Corporations. In the execution of urban renewal or redevelopment projects, Council may authorize, as to any appropriate projects or parts of projects, the employment of community improvement corporations, community redevelopment corporations, and metropolitan housing authorities, as defined by the statutes of Ohio, and when authorized by ordinance may grant leases, make conveyances and enter into agreements with such corporations related to appropriate aspects of such projects to the full extent of the powers possessed by such corporations.
(Ord. 67-189. Passed 8-21-67.)
The cost of urban renewal activities may be paid in whole or in part by the City from appropriate general or special funds or accounts established pursuant to Ohio R.C. Chapters 135 and 5705 and the City may accept grants or gifts of moneys or real or personal property from persons, entities, governments or taxing authorities to be used for the planning and financing of such urban renewal activities. All bonds or notes payable from the general credit and taxes of the City to finance the urban renewal activities shall be issued in accordance with the applicable provisions of Ohio R. C. Chapter 133. Accounts shall be maintained for the carrying out of those urban renewal activities being financed by loans or advances from the Federal government separate from any other City accounts, including City accounts used to carry out any activities being financed by the City, and no money or real or personal property shall in any way be pledged as security for the repayment of any Federal loans or advances, except the separately described portion of a project area set aside for such purpose, together with the proceeds from the sale, lease or temporary operation thereof and Federal capital grant moneys earned in connection therewith in order to avoid violating statutory and constitutional debt and tax limitations.
(Ord. 67-189. Passed 8-21-67.)
After approval of an urban renewal or redevelopment plan by Council, no building permit shall be issued for the improvement or enlargement of any existing structure, or for the construction of a new structure in the clearance and redevelopment portion of the project area, except that such permit may be issued for the repair of an existing structure when such repair is deemed necessary for the immediate preservation of the public health and safety or is required by the redeveloper in accordance with the redevelopment plan.
(Ord. 67-189. Passed 8-21-67.)
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