Missouri Revised Statutes
Chapter 100 - Industrial Development
Section 100.400 - Preparation and approval of plans, regulations governing.

Effective - 28 Aug 1982
100.400. Preparation and approval of plans, regulations governing. — 1. Preparation and approval of plans shall be carried out within the following regulations:
(1) An authority shall not acquire real property for a project unless the governing body of the city has approved the plan, as prescribed in subdivision (9) of this section.
(2) An authority shall not prepare a plan for a project area unless the governing body of the city has declared, by resolution or ordinance, the area to be blighted, insanitary or undeveloped industrial area in need of industrial development.
(3) An authority shall not recommend a plan to the governing body of the city until a general plan for the development of the city has been prepared.
(4) The authority itself may prepare or cause to be prepared a plan or any person or agency, public or private, may submit such a plan to an authority. A plan shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, foster employment, public transportation, public utilities, recreational and community facilities and other public improvements and the proposed land uses and building requirements in the project area, and shall include without being limited to:
(a) The boundaries of the project area, with a map showing the existing uses and condition of the real property therein;
(b) A land use plan showing proposed uses of the area;
(c) Information showing the standards of population densities, unemployment within area and adjacent areas, land coverage and building intensities in the area after completion of the plan;
(d) A statement of the proposed changes, if any, in zoning ordinances or maps, street layouts, street levels or grades, building codes and ordinances;
(e) A statement as to the kind and number of additional public facilities or utilities which will be required in the area after completion of the plan;
(f) A schedule indicating the estimated length of time needed for completion of each phase of the plan.
(5) Prior to recommending a plan to the governing body for approval, an authority shall submit the plan to the planning agency, if any, of the community in which the project area is located for review and recommendations as to its conformity with the general plan for the development of the city as a whole. The planning agency shall submit its written recommendations with respect to the proposed plan to the authority within thirty days after receipt of the plan for review. Upon receipt of the recommendations of the planning agency, or, if no recommendations are received within the thirty days, then without the recommendations, an authority may recommend the plan to the governing body of the city for approval.
(6) Prior to recommending a plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted and harmonious development of the city and its environs which, in accordance with present and future needs, will promote health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, employment opportunities, the provision of adequate transportation, water, sewerage and other public utilities, schools, parks, recreational and community facilities and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, the prevention of the recurrence of insanitary areas, conditions of blight or deterioration or undeveloped industrial or commercial use.
(7) The recommendation of a plan by an authority to the governing body shall be accompanied by the recommendations, if any, of the planning commission concerning the plan; a statement of the proposed method and estimated cost of the acquisition and preparation for the project area and the estimated proceeds or revenues from its disposal to industrial developers; a statement of the proposed method of financing the project; a statement of a feasible method proposed for the relocation of families to be displaced from the project area; and a schedule indicating the estimated length of time needed for completion of each phase of the plan.
(8) The governing body of the community may hold a public hearing on any plan or substantial modification thereof recommended by the authority, after public notice thereof by publication in a newspaper of general circulation in the community once each week for two consecutive weeks, the last publication to be at least ten days prior to the date set for hearing. The notice shall describe the time, date, place and purpose of the hearing and shall also generally identify the area to be covered by the plan. All interested parties shall be afforded at the public hearing a reasonable opportunity to express their views respecting the proposed plan.
(9) Following the hearing, the governing body may approve a plan if it finds that the plan is feasible and in conformity with the general plan for the development of the community as a whole. A plan which has not been approved by the governing body when recommended by the authority may be recommended again to it with any modifications deemed advisable.
(10) A plan may be modified at any time by the authority, or by the governing body; provided that, if modified after the lease or sale of real property in the project area, the modification must be consented to by the industrial developer of the real property or his successor, or their successors in interest affected by the proposed modification. Where the proposed modification will substantially change the plan as previously approved by the governing body, the modification must similarly be approved by the governing body.
2. As an alternative to the procedures prescribed in subdivisions (2) and (5) of subsection 1, an authority may find an area to be a blighted or insanitary or undeveloped industrial area and in need of industrial or commercial development and may simultaneously prepare a plan and recommend to the governing body of the community the approval of such finding of* a blighted or insanitary or undeveloped industrial area and the approval of a plan, whether prepared by the authority or submitted to the authority, and the governing body may make its finding and approve the plan simultaneously. Simultaneously with such recommendation of a finding of a blighted or insanitary or undeveloped industrial area and recommendation of a plan to the governing body for approval, an authority shall submit the finding of a blighted or insanitary or undeveloped area and the plan to the planning agency, if any, of the community in which the project area is located for review and recommendation as to the conformity of the plan to the general plan for the development of the community as a whole. The planning agency shall submit its written recommendations with respect to the finding of a blighted or insanitary or undeveloped industrial area and the plan to the authority and the local governing body within thirty days after receipt of the findings and the plan for review. Upon receipt of the recommendations of the planning agency, or, if no recommendations are received within the thirty days, then without the recommendations, the governing body may approve the finding of a blighted or insanitary or undeveloped industrial area and may approve the plan in the manner prescribed in subdivisions (8) and (9) of subsection 1.
­­--------
(L. 1967 p. 172 § 11, A.L. 1980 H.B. 1477, A.L. 1982 H.B. 1411 & 1587)
*Word "or" appears in original rolls.

<< Previous
Next >>

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title VII - Cities, Towns and Villages

Chapter 100 - Industrial Development

Section 100.010 - Definitions.

Section 100.020 - Municipality may carry out industrial development projects.

Section 100.030 - Acceptance of federal grants or gifts.

Section 100.040 - Plans for industrial development to be made.

Section 100.050 - Approval of plan by governing body of municipality — information required — additional information required, when — payments in lieu of taxes, applied how — reimbursement, when.

Section 100.059 - Notice of proposed project for industrial development, when, contents — limitation on indebtedness, inclusions — applicability, limitation.

Section 100.090 - General obligation bonds authorized.

Section 100.100 - Revenue bonds authorized, how paid.

Section 100.105 - Municipality to file annual report on bond issuances with department, content.

Section 100.120 - Time for election — subsequent elections.

Section 100.130 - Municipality to fix terms and form of revenue bonds.

Section 100.140 - Sinking fund for revenue bonds.

Section 100.150 - Revenue bonds payable from revenues only — statement on bond.

Section 100.155 - Revenue bonds, municipalities, refunding issue authorized — form and terms.

Section 100.160 - Municipality to carry out plan on receipt of funds.

Section 100.170 - Construction to be under contract — how let, notice.

Section 100.180 - Municipality's power to enter into loans, sales, leases or mortgages — terms — requirements.

Section 100.190 - Property acquired may be sold.

Section 100.200 - Sales of industrial development property acquired with revenue bonds.

Section 100.250 - Title of act.

Section 100.255 - Definitions.

Section 100.260 - Funds established — administration, investment — no transfer to general revenue, when — increase of certain revenue calculated and allocated to Jobs Now fund.

Section 100.263 - Infrastructure development fund, created, purpose — lapse into general revenue, prohibited.

Section 100.265 - Missouri development finance board created — members, qualifications, appointment, terms — meetings — quorum — expenses.

Section 100.270 - Board's powers and duties — rules, authority to promulgate.

Section 100.273 - Development finance board employees are state employees eligible for state retirement — not eligible for state health insurance plan unless requested by board — no purchase of creditable service, exception.

Section 100.275 - Bonds and notes issued — approved as investment, who may invest — tax exemptions, exceptions — power to contract with development agency.

Section 100.277 - Employment and business opportunities required to be provided, to whom.

Section 100.281 - Project plan, approval procedure — board to review and grant loan, when — borrowing power — sale of bonds.

Section 100.282 - Limitations on approval of loans.

Section 100.286 - Loans secured by certain funds — standards — information required — review and certification by participating lender — board approval — fee, tax credit, limitation.

Section 100.287 - Default procedure — subrogation to rights of lender upon payment from fund, amount.

Section 100.291 - Guarantees issued by board, when — application, fee — information required.

Section 100.292 - Guarantee agreement provisions.

Section 100.293 - Citation — jobs now recommendation committee created, membership, duties — applications — preference given to certain projects — requests granted, determinations required.

Section 100.296 - Application of provisions of other sections — state and local records laws — meetings of governmental bodies — conflict of interest or lobbying — prohibited loans — notifications of certain campaign contributions.

Section 100.297 - Tax credit for owner of revenue bonds or notes, purpose, when, amount, limitation.

Section 100.300 - Short title.

Section 100.310 - Definitions.

Section 100.320 - Planned industrial expansion authority created, powers exercised, when.

Section 100.330 - Commissioners, number reduced, appointment, term, vacancies.

Section 100.331 - Commissioners, number reduced, appointment, terms, qualifications, vacancies — consolidation plan authorized (St. Louis City).

Section 100.340 - Commission, quorum, officers, legal services, how obtained.

Section 100.350 - Commissioner, expenses — certificate of appointment.

Section 100.360 - Commissioner, removal for cause, hearing.

Section 100.370 - Commissioners or employees of authority, voluntary interest in project prohibited — disclosure of involuntary interest required and participation in action of authority forbidden — violation is misconduct, office forfeited.

Section 100.380 - Adoption of resolution or ordinance, effect of — certified copy admissible as evidence.

Section 100.390 - Authority to be a body corporate and politic, powers and duties of authority.

Section 100.400 - Preparation and approval of plans, regulations governing.

Section 100.410 - Property in a project, how disposed of.

Section 100.420 - Authority may exercise power of eminent domain.

Section 100.430 - Bonds, issuance by authority.

Section 100.440 - Bonds, how issued, authorized and sold.

Section 100.445 - Allowable rates of interest.

Section 100.450 - Bonds, no personal liability on, not a debt of issuing subdivision or state — interest on bonds exempt from income tax.

Section 100.460 - Signatures on bonds, validity of — bonds negotiable — conclusive presumption that bond was issued for stated purpose.

Section 100.470 - Payment of bonds secured, how.

Section 100.480 - Powers of obligee granted by authority.

Section 100.490 - Obligee, rights of, exception.

Section 100.500 - Bonds or other obligations legal investments for enumerated purposes, when.

Section 100.510 - Contracts with federal government, provisions for conveyance of project and land to federal government — authorized, reconveyance when.

Section 100.520 - Execution or judicial process, property and funds of authority exempt from, exceptions.

Section 100.530 - Public bodies may assist a project, how.

Section 100.540 - Sales by public body to authority, how made.

Section 100.550 - Cities may levy taxes or sell bonds to finance grants to an authority.

Section 100.560 - Two or more authorities may cooperate in a project.

Section 100.570 - Ad valorem tax benefits available, when.

Section 100.580 - Annual report of authority, contents — satisfactory progress of projects, procedure to determine.

Section 100.590 - Authority may assume projects of constitutional charter cities, when.

Section 100.600 - Any municipality authorized to prepare a master plan for physical development of community.

Section 100.610 - Law to be liberally construed.

Section 100.620 - Powers conferred in this law to be supplemental to existing powers.

Section 100.700 - Title.

Section 100.710 - Definitions.

Section 100.720 - Additional powers of Missouri development finance board — certificates, state credit for.

Section 100.730 - Establishment of procedures to determine eligible industries — authority to request information.

Section 100.740 - Financing agreement, authority to enter into.

Section 100.750 - Financing agreement, contents.

Section 100.760 - Credit agreement, conditions.

Section 100.770 - Factors considered in awarding credit.

Section 100.780 - Board authority to determine projects, assessments, credits and refunds, credit and assessment time limit.

Section 100.790 - Agreement contents.

Section 100.800 - Noncompliance by eligible industry, determination, penalty.

Section 100.810 - Evaluation of program.

Section 100.820 - Program costs, how paid, assessments.

Section 100.830 - Special fund, purposes — certification by employer.

Section 100.840 - Board, powers to borrow money — issue and sell certificates — sale or exchange of refunding certificates — certificates not indebtedness of state.

Section 100.850 - Assessments remittal, job development assessment fee — company records available to board, when — when remitted assessment ceases — tax credit amount, cap, claiming credit — refunds.