Effective - 28 Aug 2005
99.1090. Application to department for approval of project costs, approval procedure — rulemaking authority. — 1. A municipality shall submit an application to the department of economic development for review and determination as to approval of the disbursement of the project costs of one or more redevelopment projects from the downtown revitalization preservation fund. The department of economic development shall forward the application to the commissioner of the office of administration for approval. In no event shall any approval authorize a disbursement of one or more redevelopment projects from the downtown revitalization preservation fund which exceeds the allowable amount of other net new revenues derived from the redevelopment area. An application submitted to the department of economic development shall contain the following, in addition to the items set forth in section 99.1086:
(1) An estimate that one hundred percent of the local sales tax increment deposited to the special allocation fund must and will be used to pay redevelopment project costs or obligations issued to finance redevelopment project costs to achieve the objectives of the redevelopment plan;
(2) Identification of the existing businesses located within the redevelopment project area and the redevelopment area;
(3) The aggregate baseline year amount of state sales tax revenues reported by existing businesses within the redevelopment project area. Provisions of section 32.057 notwithstanding, municipalities will provide this information to the department of revenue for verification. The department of revenue will verify the information provided by the municipalities within forty-five days of receiving a request for such verification from a municipality;
(4) An estimate of the state sales tax increment within the redevelopment project area after redevelopment. The department of economic development shall have the discretion to exempt smaller projects from this requirement;
(5) An affidavit that is signed by the developer or developers attesting that the provision of subdivision (2) of subsection 2 of section 99.1086 has been met;
(6) The amounts and types of other net new revenues sought by the applicant to be disbursed from the downtown revitalization preservation fund over the term of the redevelopment plan;
(7) The methodologies and underlying assumptions used in determining the estimate of the state sales tax increment; and
(8) Any other information reasonably requested by the department of economic development.
2. The department of economic development shall make all reasonable efforts to process applications within a reasonable amount of time.
3. The department of economic development shall make a determination regarding the application for a certificate allowing disbursements from the downtown revitalization preservation fund and shall forward such determination to the commissioner of the office of administration. In no event shall the amount of disbursements from the downtown revitalization preservation fund approved for a project, in addition to any other state economic redevelopment funding or other state incentives, exceed the projected state benefit of the redevelopment project, as determined by the department of economic development through a cost-benefit analysis. Any political subdivision located either wholly or partially within the redevelopment area shall be permitted to submit information to the department of economic development for consideration in its cost-benefit analysis. Upon approval of downtown revitalization preservation financing, a certificate of approval shall be issued by the department of economic development containing the terms and limitations of the disbursement.
4. At no time shall the annual amount of other net new revenues approved for disbursements from the downtown revitalization preservation fund exceed fifteen million dollars.
5. Redevelopment projects receiving disbursements from the downtown revitalization preservation fund shall be limited to receiving such disbursements for twenty-five years. The approved term notwithstanding, downtown revitalization preservation financing shall terminate when redevelopment financing for a redevelopment project is terminated by a municipality.
6. The municipality shall deposit payments received from the downtown revitalization preservation redevelopment fund in a separate segregated account for other net new revenues within the special allocation fund.
7. Redevelopment project costs may include, at the prerogative of the state, the portion of salaries and expenses of the department of economic development and the department of revenue reasonably allocable to each redevelopment project approved for disbursements from the downtown revitalization preservation fund for the ongoing administrative functions associated with such redevelopment project. Such amounts shall be recovered from new state revenues deposited into the downtown revitalization preservation fund created under section 99.1092.
8. A redevelopment project approved for downtown revitalization preservation financing shall not thereafter elect to receive tax increment financing under the real property tax increment allocation redevelopment act, sections 99.800 to 99.865, and continue to receive downtown revitalization financing under sections 99.1080 to 99.1092.
9. The department of economic development may establish the procedures and standards for the determination and approval of applications by the promulgation of rules and publish forms to implement the provisions of this section and section 99.1092.
10. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section and section 99.1092 shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section, section 99.1092, and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2005, shall be invalid and void.
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(L. 2005 H.B. 58 merged with S.B. 210)
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 99 - Municipal Housing
Section 99.010 - Designation of law.
Section 99.030 - Declaration and purpose of law.
Section 99.040 - Creating a housing authority — need of, how determined.
Section 99.050 - Commissioners — appointment — qualifications — term — compensation.
Section 99.052 - Commissioner may be employee of city or county.
Section 99.055 - Annual audit, content — annual hearings.
Section 99.060 - Commissioner or employee of authority to have no interest in any housing project.
Section 99.070 - Commissioner, how removed.
Section 99.090 - Rentals, how fixed.
Section 99.100 - Rentals and tenant selection — duties.
Section 99.120 - Acquisition of property.
Section 99.130 - Housing projects subject to local regulations.
Section 99.134 - Commissioners of housing authority — membership — terms (Kansas City).
Section 99.140 - Authority to have power to issue bonds — liability therefor.
Section 99.150 - Bonds, how issued — how sold — interest.
Section 99.160 - Powers of authority in connection with issuance of bonds.
Section 99.170 - State auditor to pass upon validity of bonds.
Section 99.180 - Rights of an obligee of an authority.
Section 99.190 - Rights of authority upon the happening of an event of default.
Section 99.200 - Real property of authority exempt from levy and sale by virtue of an execution.
Section 99.210 - Authority may borrow money or accept grants or assistance from federal government.
Section 99.220 - Authority to file report annually.
Section 99.225 - Funds to be used only for certain purposes.
Section 99.230 - Effect of sections 99.010 to 99.230.
Section 99.300 - Citation of law.
Section 99.310 - Declaration of policy.
Section 99.330 - Authority may be created, when.
Section 99.340 - Board of commissioners — appointment — qualifications — terms.
Section 99.350 - Board of commissioners — meetings — quorum — employees.
Section 99.360 - Regional authority — creation — area of operation increased, how.
Section 99.380 - Commissioners — compensation — certificate of appointment.
Section 99.390 - Commissioner — misconduct in office — removal — procedure.
Section 99.400 - Commissioner not to acquire interest voluntarily in clearance project — penalty.
Section 99.410 - Resolution creating authority deemed conclusive, when — filing.
Section 99.420 - Powers of authority.
Section 99.450 - Authority may dispose of property, how.
Section 99.460 - Power of eminent domain — procedure.
Section 99.470 - Vacant land may be developed, when.
Section 99.480 - Bonds — authority to issue — how paid.
Section 99.490 - Bonds — conditions — interest rate — to be sold at par.
Section 99.520 - Bond issues — additional powers of authority.
Section 99.530 - Default of bonds — rights of obligee.
Section 99.540 - Obligee — additional rights.
Section 99.550 - Bonds — who may invest in.
Section 99.560 - Authority may convey property to federal government in case of default.
Section 99.570 - Property of authority exempt from execution.
Section 99.580 - Powers of a public body to cooperate in land clearance project.
Section 99.590 - Public notice of conveyance or agreement not required.
Section 99.600 - Community may issue and sell bonds to aid project.
Section 99.620 - Annual report, satisfactory progress of projects, procedure to determine.
Section 99.630 - Authority may take over projects of constitutional charter city or county.
Section 99.640 - Master plan — municipalities authorized to prepare.
Section 99.650 - Construction of law.
Section 99.660 - Powers additional to those conferred by other laws.
Section 99.705 - Assessor to issue current assessed value statement, when.
Section 99.710 - Assessor's statement, area covered — on file for ten years.
Section 99.800 - Law, how cited.
Section 99.830 - Notice of public hearings, publication and mailing requirements, contents.
Section 99.843 - Greenfield areas, no new projects to be designated, when.
Section 99.860 - Severability.
Section 99.886 - Discrimination in sale or rental prohibited.
Section 99.888 - Inspection by government agencies authorized, when — purpose.
Section 99.891 - Applicants, priority for selection.
Section 99.896 - Abatement or deferral of real property taxes, requirements.
Section 99.901 - Urban homesteading fund established, purpose.
Section 99.907 - Tax exemption for interest on bonds.
Section 99.912 - Civil actions to compel governing body issuing bonds to perform all duties.
Section 99.915 - Title — funding exclusions — act supersedes other inconsistent laws.
Section 99.919 - Out-of-state business, projects that relocate, calculation of new net revenues.
Section 99.921 - Downtown economic stimulus authority authorized, limitations.
Section 99.936 - Disposal of real property.
Section 99.968 - Debt service levies, computation of.
Section 99.975 - Application approvals, limitations.
Section 99.1000 - Definitions.
Section 99.1006 - Rural economic stimulus authority authorized, limitations.
Section 99.1021 - Disposal of real property.
Section 99.1027 - Developmental plan, contents, adoption of, procedure.
Section 99.1054 - Debt service levies, computation of.
Section 99.1080 - Citation of law.
Section 99.1082 - Definitions.
Section 99.1086 - Redevelopment plan, contents — adoption of plan, when.
Section 99.1092 - Fund established, allocation of moneys — rulemaking authority.