99.320. Definitions.
Definitions.
99.320. As used in this law, the following terms mean:
(1) "Area of operation", in the case of a municipality, thearea within the municipality except that the area of operation ofa municipality under this law shall not include any area whichlies within the territorial boundaries of another municipalityunless a resolution has been adopted by the governing body of theother municipality declaring a need therefor; and in the case ofa county, the area within the county, except that the area ofoperation in such case shall not include any area which lieswithin the territorial boundaries of a municipality unless aresolution has been adopted by the governing body of themunicipality declaring a need therefor; and in the case of aregional authority, the area within the communities for which theregional authority is created, except that a regional authorityshall not undertake a land clearance project within theterritorial boundaries of any municipality unless a resolutionhas been adopted by the governing body of the municipalitydeclaring that there is a need for the regional authority toundertake the land clearance project within such municipality; noauthority shall operate in any area of operation in which anotherauthority already established is undertaking or carrying out aland clearance project without the consent, by resolution, of theother authority;
(2) "Authority" or "land clearance for redevelopmentauthority", a public body corporate and politic created by orpursuant to section 99.330 or any other public body exercisingthe powers, rights and duties of such an authority;
(3) "Blighted area", an area which, by reason of thepredominance of defective or inadequate street layout, insanitaryor unsafe conditions, deterioration of site improvements,improper subdivision or obsolete platting, or the existence ofconditions which endanger life or property by fire and othercauses, or any combination of such factors, retards the provisionof housing accommodations or constitutes an economic or socialliability or a menace to the public health, safety, morals, orwelfare in its present condition and use;
(4) "Bond", any bonds, including refunding bonds, notes,interim certificates, debentures, or other obligations issued byan authority pursuant to this law;
(5) "Clerk", the clerk or other official of the municipalityor county who is the custodian of the official records of themunicipality or county;
(6) "Community", any county or municipality except that suchterm shall not include any municipality containing less thanseventy-five thousand inhabitants until the governing bodythereof shall have submitted the proposition of accepting theprovisions of this law to the qualified voters therein at anelection called and held as provided by law for the incurring ofindebtedness by such municipality, and a majority of the votersvoting at the election shall have voted in favor of suchproposition;
(7) "Federal government", the United States of America orany agency or instrumentality, corporate or otherwise, of theUnited States of America;
(8) "Governing body", the city council, common council,board of aldermen or other legislative body charged withgoverning the municipality or the county commission or otherlegislative body charged with governing the county;
(9) "Insanitary area", an area in which there is apredominance of buildings and improvements which, by reason ofdilapidation, deterioration, age or obsolescence, inadequateprovision for ventilation, light, air sanitation or open spaces,high density of population and overcrowding of buildings,overcrowding of land, or the existence of conditions whichendanger life or property by fire and other causes, or anycombination of such factors, is conducive to ill health,transmission of disease, infant mortality, juvenile delinquencyand crime or constitutes an economic or social liability and isdetrimental to the public health, safety, morals, or welfare;
(10) "Land clearance project", any work or undertaking:
(a) To acquire blighted, or insanitary areas or portionsthereof, including lands, structures, or improvements theacquisition of which is necessary or incidental to the properclearance, development or redevelopment of the blighted orinsanitary areas or to the prevention of the spread or recurrenceof substandard or insanitary conditions or conditions of blight;
(b) To clear any such areas by demolition or removal ofexisting buildings, structures, streets, utilities or otherimprovements thereon and to install, construct or reconstructstreets, utilities, and site improvements essential to thepreparation of sites for uses in accordance with a redevelopmentplan;
(c) To sell, lease or otherwise make available land in suchareas for residential, recreational, commercial, industrial orother use or for public use or to retain such land for publicuse, in accordance with a redevelopment plan;
(d) To develop, construct, reconstruct, rehabilitate, repairor improve residences, houses, buildings, structures and otherfacilities;
(e) The term "land clearance project" may also include thepreparation of a redevelopment plan, the planning, survey andother work incident to a land clearance project and thepreparation of all plans and arrangements for carrying out a landclearance project and wherever the words "land clearance project"are used in this law, they shall also mean and include the words"urban renewal project" as defined in this section;
(11) "Mayor", the elected mayor of the city or the electedofficer having the duties customarily imposed upon the mayor ofthe city or the executive head of a county;
(12) "Municipality", any incorporated city, town or villagein the state;
(13) "Obligee", any bondholders, agents or trustees for anybondholders, lessor demising to the authority property used inconnection with land clearance project, or any assignee orassignees of the lessor's interest or any part thereof, and thefederal government when it is a party to any contract with theauthority;
(14) "Person", any individual, firm, partnership,corporation, company, association, joint stock association, orbody politic; and shall include any trustee, receiver, assignee,or other similar representative thereof;
(15) "Public body", the state or any municipality, county,township, board, commission, authority, district, or any othersubdivision of the state;
(16) "Real property", all lands, including improvements andfixtures thereon, and property of any nature appurtenant thereto,or used in* connection therewith, and every estate, interest andright, legal or equitable, therein, including terms for years andliens by way of judgment, mortgage or otherwise and theindebtedness secured by such liens;
(17) "Redeveloper", any person, partnership, or public orprivate corporation or agency which enters or proposes to enterinto a redevelopment or rehabilitation or renewal contract;
(18) "Redevelopment contract", a contract entered intobetween an authority and redeveloper for the redevelopment,rehabilitation or renewal of an area in conformity with aredevelopment plan or an urban renewal plan;
(19) "Redevelopment", the process of undertaking andcarrying out a redevelopment plan or urban renewal plan;
(20) "Redevelopment plan", a plan other than a preliminaryor tentative plan for the acquisition, clearance, reconstruction,rehabilitation, renewal or future use of a land clearance projectarea, and shall be sufficiently complete to comply withsubdivision (4) of section 99.430 and shall be in compliance witha "workable program" for the city as a whole and wherever used insections 99.300 to 99.660 the words "redevelopment plan" shallalso mean and include "urban renewal plan" as defined in thissection;
(21) "Urban renewal plan", a plan as it exists from time totime, for an urban renewal project, which plan shall conform tothe general plan for the municipality as a whole; and shall besufficiently complete to indicate such land acquisition,demolition and removal of structures, redevelopment,improvements, and rehabilitation as may be proposed to be carriedout in the area of the urban renewal project, zoning and planningchanges, if any, land uses, maximum densities, buildingrequirements, and the relationship of the plan to definite localobjectives respecting appropriate land uses, improved traffic,public transportation, public utilities, recreational andcommunity facilities, and other public improvements; an** urbanrenewal plan shall be prepared and approved pursuant to the sameprocedure as provided with respect to a redevelopment plan;
(22) "Urban renewal project", any surveys, plans,undertakings and activities for the elimination and for theprevention of the spread or development of insanitary, blighted,deteriorated or deteriorating areas and may involve any work orundertaking for such purpose constituting a land clearanceproject or any rehabilitation or conservation work, or anycombination of such undertaking or work in accordance with anurban renewal project; for this purpose, "rehabilitation orconservation work" may include:
(a) Carrying out plans for a program of voluntary orcompulsory repair and rehabilitation of buildings or otherimprovements;
(b) Acquisition of real property and demolition, removal orrehabilitation of buildings and improvements thereon wherenecessary to eliminate unhealthful, insanitary or unsafeconditions, lessen density, eliminate uneconomic, obsolete orother uses detrimental to the public welfare, or to otherwiseremove or prevent the spread of blight or deterioration, or toprovide land for needed public facilities;
(c) To develop, construct, reconstruct, rehabilitate, repairor improve residences, houses, buildings, structures and otherfacilities;
(d) Installation, construction, or reconstruction ofstreets, utilities, parks, playgrounds, and other improvementsnecessary for carrying out the objectives of the urban renewalproject; and
(e) The disposition, for uses in accordance with theobjectives of the urban renewal project, of any property or partthereof acquired in the area of the project; but such dispositionshall be in the manner prescribed in this law for the dispositionof property in a land clearance project area;
(23) "Workable program", an official plan of action, as itexists from time to time, for effectively dealing with theproblem in insanitary, blighted, deteriorated or deterioratingareas within the community and for the establishment andpreservation of a well-planned community with well-organizedresidential neighborhoods of decent homes and suitable livingenvironment for adequate family life, for utilizing appropriateprivate and public resources to eliminate and prevent thedevelopment or spread of insanitary, blighted, deteriorated ordeteriorating areas, to encourage needed urban rehabilitation, toprovide for the redevelopment of blighted, insanitary,deteriorated and deteriorating areas, or to undertake such of theaforesaid activities or other feasible community activities asmay be suitably employed to achieve the objectives of such aprogram.
(L. 1951 p. 300 § 3, A.L. 1955 p. 279, A.L. 1965 p. 220, A.L. 1972 S.B. 586)*Word "on" appears in original rolls.
**Word "and" appears in original rolls.