Effective - 28 Aug 2022, 3 histories
99.865. Report by municipalities, contents, publication — satisfactory progress of project, procedure to determine — reports by department of revenue required, when, contents, publication on accountability portal — rulemaking authority — department to provide manual, contents — penalty for failure to comply. — 1. No later than November fifteenth of each year, the governing body of the municipality, or its designee, shall prepare a report concerning the status of each redevelopment plan and redevelopment project existing as of December thirty-first of the preceding year, and shall submit a copy of such report to the director of the department of revenue. The report shall include the following:
(1) The amount and source of revenue in the special allocation fund;
(2) The amount and purpose of expenditures from the special allocation fund;
(3) The amount of any pledge of revenues, including principal and interest on any outstanding bonded indebtedness;
(4) The original assessed value of the redevelopment project;
(5) The assessed valuation added to the redevelopment project;
(6) Payments made in lieu of taxes received and expended;
(7) The economic activity taxes generated within the redevelopment area in the calendar year prior to the approval of the redevelopment plan, to include a separate entry for the state sales tax revenue base for the redevelopment area or the state income tax withheld by employers on behalf of existing employees in the redevelopment area prior to the redevelopment plan;
(8) The economic activity taxes generated within the redevelopment area after the approval of the redevelopment plan, to include a separate entry for the increase in state sales tax revenues for the redevelopment area or the increase in state income tax withheld by employers on behalf of new employees who fill new jobs created in the redevelopment area;
(9) Reports on contracts made incident to the implementation and furtherance of a redevelopment plan or project;
(10) A copy of any redevelopment plan, which shall include the required findings and cost-benefit analysis pursuant to subdivisions (1) to (6) of section 99.810;
(11) The cost of any property acquired, disposed of, rehabilitated, reconstructed, repaired or remodeled;
(12) The number of parcels acquired by or through initiation of eminent domain proceedings; and
(13) Any additional information the municipality deems necessary.
2. Data contained in the report mandated pursuant to the provisions of subsection 1 of this section shall be made available to the commissioner of administration, who shall publish such reports on the Missouri accountability portal pursuant to section 37.850. Any information regarding amounts disbursed to municipalities pursuant to the provisions of section 99.845 shall be deemed a public record, as defined in section 610.010. An annual statement showing the payments made in lieu of taxes received and expended in that year, the status of the redevelopment plan and projects therein, amount of outstanding bonded indebtedness and any additional information the municipality deems necessary shall be published in a newspaper of general circulation in the municipality.
3. Five years after the establishment of a redevelopment plan and every five years thereafter the governing body shall hold a public hearing regarding those redevelopment plans and projects created pursuant to sections 99.800 to 99.865. The purpose of the hearing shall be to determine if the redevelopment project is making satisfactory progress under the proposed time schedule contained within the approved plans for completion of such projects. Notice of such public hearing shall be given in a newspaper of general circulation in the area served by the commission once each week for four weeks immediately prior to the hearing, and shall also be sent to the Missouri department of revenue, which shall publish such notice on its website.
4. The director of the department of revenue shall submit a report to the state auditor, the speaker of the house of representatives, and the president pro tem of the senate no later than February first of each year. The report shall contain a summary of all information received by the director pursuant to subsection 1 of this section.
5. For the purpose of coordinating all tax increment financing projects using new state revenues, the director of the department of economic development may promulgate rules and regulations to ensure compliance with this section. Such rules and regulations may include methods for enumerating all of the municipalities which have established commissions pursuant to section 99.820. No rule or portion of a rule promulgated under the authority of sections 99.800 to 99.865 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536. All rulemaking authority delegated prior to June 27, 1997, is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to June 27, 1997, if such rule complied with the provisions of chapter 536. The provisions of this section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 including the ability to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are subsequently held unconstitutional, then the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void.
6. The department of economic development shall provide information and technical assistance, as requested by any municipality, on the requirements of sections 99.800 to 99.865. Such information and technical assistance shall be provided in the form of a manual, written in an easy-to-follow manner, and through consultations with departmental staff.
7. The department of revenue shall provide notice of any failure to comply with the reporting requirements provided in subsection 1 of this section to the applicable municipality, specifying any required corrections, by certified mail addressed to the municipality's chief elected officer. If such municipality does not satisfy the reporting requirements for which it previously did not comply, as specified in the notice from the department of revenue, within sixty days of the receipt of the notice, the municipality shall be prohibited from adopting any new tax increment finance plan for a period of five years from the date of the department of revenue's notice. All reports filed pursuant to subsection 1 of this section or in response to a notice from the department of revenue pursuant to this subsection shall be deemed accepted by the department of revenue unless the department of revenue provides the applicable municipality with a written objection thereto, specifying any required corrections, by certified mail addressed to the chief elected officer of the municipality within sixty days of the municipality's submission of such report.
8. Based upon the information provided in the reports required under the provisions of this section, the state auditor shall make available for public inspection on the auditor's website a searchable electronic database of such municipal tax increment finance reports. All information contained within such database shall be maintained for a period of no less than ten years from initial posting.
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(L. 1982 H.B. 1411 & 1587 § 11, A.L. 1990 H.B. 1564, A.L. 1991 H.B. 502, A.L. 1997 2d Ex. Sess. S.B. 1, A.L. 2009 H.B. 191, A.L. 2016 H.B. 1434 & 1600, A.L. 2022 H.B. 1606)
(2000) Proposed city charter amendment requiring two-thirds voter approval on every tax increment financing measure violated section and thus was unconstitutional pursuant to Article VI, Section 19(a). State ex rel. Hazelwood Yellow Ribbon Committee v. Klos, 35 S.W.3d 457 (Mo.App.E.D.).
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.