99.1018. Authority to be public body corporate and politic, powers--disclosure of conflicts of interest.

MISSOURI STATUTES AND CODES

99.1018. Authority to be public body corporate and politic, powers--disclosure of conflicts of interest.

Authority to be public body corporate and politic,powers--disclosure of conflicts of interest.

99.1018. 1. The authority created pursuant to section 99.1006 shallconstitute a public body corporate and politic, exercising public andessential governmental functions.

2. A municipality or an authority created pursuant to section 99.1006shall have all the powers necessary or convenient to carry out andeffectuate the purposes and provisions of sections 99.1000 to 99.1060,including the following powers in addition to others granted pursuant tosections 99.1000 to 99.1060:

(1) To prepare or cause to be prepared and approve development plansand development projects to be considered at public hearings in accordancewith sections 99.1000 to 99.1060 and to undertake and carry out developmentplans and development projects which have been adopted by ordinance;

(2) To arrange or contract for the furnishing or repair, by anyperson or agency, public or private, of services, privileges, streets,roads, public utilities, or other facilities for or in connection with anydevelopment project; and notwithstanding anything to the contrary containedin sections 99.1000 to 99.1060 or any other provision of law, to agree toany conditions that it may deem reasonable and appropriate attached tofederal financial assistance and imposed pursuant to federal law relatingto the determination of prevailing salaries or wages or compliance withlabor standards, in the undertaking or carrying out of any developmentproject, and to include in any contract let in connection with any suchdevelopment project provisions to fulfill such of the conditions as it maydeem reasonable and appropriate;

(3) Within a development area, to acquire by purchase, lease, gift,grant, bequest, devise, obtain options upon, or otherwise acquire any realor personal property or any interest therein, necessary or incidental to adevelopment project, all in the manner and at such price as themunicipality or authority determines is reasonably necessary to achieve theobjectives of a development plan;

(4) Within a development area, subject to provisions of section99.1021 with regard to the disposition of real property, to sell, lease,exchange, transfer, assign, subdivide, retain for its own use, mortgage,pledge, hypothecate, or otherwise encumber or dispose of any real orpersonal property or any interest therein, all in the manner and at suchprice and subject to any covenants, restrictions, and conditions as themunicipality or authority determines is reasonably necessary to achieve theobjectives of a development plan; to make any such covenants, restrictions,or conditions as covenants running with the land, and to provideappropriate remedies for any breach of any such covenants, restrictions, orconditions, including the right in the municipality or authority toterminate such contracts and any interest in the property created pursuantthereto;

(5) Within a development area, to clear any area by demolition orremoval of existing buildings and structures;

(6) To install, repair, construct, reconstruct, or relocate streets,utilities, and site improvements as necessary or desirable for thepreparation of a development area for use in accordance with a developmentplan;

(7) Within a development area, to fix, charge, and collect fees,rents, and other charges for the use of any real or personal property, orany portion thereof, in which the municipality or authority has anyinterest;

(8) To accept grants, guarantees, and donations of property, labor,or other things of value from any public or private source for purposes ofimplementing a development plan;

(9) In accordance with section 99.1021, to select one or moredevelopers to implement a development plan, or one or more developmentprojects, or any portion thereof;

(10) To charge as a development project cost the reasonable costsincurred by the municipality or authority, the department of economicdevelopment, the Missouri agricultural and small business developmentauthority, or the department of revenue in evaluating, administering, orimplementing the development plan or any development project;

(11) To borrow money and issue obligations in accordance withsections 99.1000 to 99.1060 and provide security for any such loans orobligations;

(12) To insure or provide for the insurance of any real or personalproperty or operations of the municipality or authority against any risksor hazards, including the power to pay premiums on any such insurance; andto enter into any contracts necessary to effectuate the purposes ofsections 99.1000 to 99.1060;

(13) Within a development area, to renovate, rehabilitate, own,operate, construct, repair, or improve any improvements, buildings, parkinggarages, fixtures, structures, and other facilities;

(14) To invest any funds held in reserves or sinking funds, or anyfunds not required for immediate disbursement, in property or securities inwhich savings banks may legally invest funds subject to their control; toredeem obligations at the redemption price established therein or topurchase obligations at less than redemption price, all obligations soredeemed or purchased to be canceled;

(15) To borrow money and to apply for and accept advances, loans,grants, contributions, and any other form of financial assistance from thefederal government, state, county, municipality, or other public body orfrom any sources, public or private, for the purposes of implementing adevelopment plan, to give such security as may be required and to enterinto and carry out contracts in connection therewith. A municipality orauthority, notwithstanding the provisions of any other law, may include inany contract for financial assistance with the federal government for aproject such conditions imposed pursuant to federal law as the municipalityor authority may deem reasonable and appropriate and which are notinconsistent with the purposes of sections 99.1000 to 99.1060;

(16) To incur development project costs and make such expenditures asmay be necessary to carry out the purposes of sections 99.1000 to 99.1060;and to make expenditures from funds obtained from the federal governmentwithout regard to any other laws pertaining to the making and approval ofappropriations and expenditures;

(17) To loan the proceeds of obligations issued pursuant to sections99.1000 to 99.1060 for the purpose of providing for the purchase,construction, extension, or improvement of public infrastructure related toa development project by a developer pursuant to a development contractapproved by the municipality or authority in accordance with subdivision(2) of section 99.1021;

(18) To declare any funds, or any portion thereof, in the specialallocation fund to be excess funds, so long as such excess funds have notbeen pledged to the payment of outstanding obligations or outstandingdevelopment project costs, are not necessary for the payment of developmentproject costs incurred or anticipated to be incurred, and are not requiredto pay baseline state sales taxes and baseline state withholding taxes tothe director of revenue. Any such funds deemed to be excess shall bedisbursed in the manner of surplus funds as provided in section 99.1051;

(19) To pledge or otherwise expend funds deposited to the specialallocation fund, or any portion thereof, for the payment or reimbursementof development project costs incurred by the authority, the municipality, adeveloper selected by the municipality or authority, or any other entitywith the consent of the municipality or authority; to pledge or otherwiseexpend funds deposited to the special allocation fund, or any portionthereof, or to mortgage or otherwise encumber its property, or any portionthereof, for the payment of obligations issued to finance developmentproject costs; provided, however, any such pledge or expenditure ofeconomic activity taxes or other net new revenues shall be subject toannual appropriation by the municipality; and

(20) To exercise all powers or parts or combinations of powersnecessary, convenient, or appropriate to undertake and carry outdevelopment plans and any development projects and all the powers grantedpursuant to sections 99.1000 to 99.1060, excluding powers of eminentdomain.

3. If any member of the governing body of the municipality, acommissioner of the authority, or an employee or consultant of themunicipality or authority, involved in the planning and preparation of adevelopment project, owns or controls an interest, direct or indirect, inany property included in a development project area, the individual shalldisclose the same in writing to the clerk of the municipality, and shallalso so disclose the dates, terms, and conditions of any disposition of anysuch interest, which disclosures shall be acknowledged by the governingbody of the municipality and entered upon the minutes books of thegoverning body of the municipality. If an individual holds such aninterest, then that individual shall refrain from any further officialinvolvement in regard to a development project and from voting on anymatter pertaining to such development project or communicating with othercommissioners or members of the authority or the municipality concerningany matter pertaining to such development project. Furthermore, subject tothe succeeding sentence, no such member, commissioner, employee, orconsultant shall acquire any interest, direct or indirect, in any propertyin a development project area or proposed development project area aftereither such individual obtains knowledge of a development project, or firstpublic notice of such development project, or development project areapursuant to subsection 2 of section 99.1036, whichever first occurs. Atany time after one year from the adoption of an ordinance designating adevelopment project area, any commissioner may acquire an interest in realestate located in a development project area so long as any suchcommissioner discloses such acquisition and refrains from voting on anymatter related to the development project area in which the propertyacquired by such commissioner is located.

4. An authority created pursuant to section 99.1006 shall have thefollowing powers in addition to others granted pursuant to sections 99.1000to 99.1060:

(1) To sue and to be sued; to have a seal and to alter the same atthe authority's pleasure; to have perpetual succession; to make and executecontracts and other instruments necessary or convenient to the exercise ofthe powers of the authority; and to make and from time to time amend andrepeal bylaws, rules, and regulations, not inconsistent with sections99.1000 to 99.1060, to carry out the provisions of sections 99.1000 to99.1060;

(2) To delegate to a municipality or other public body any of thepowers or functions of the authority with respect to the planning orundertaking of a development project, and any such municipality or publicbody is hereby authorized to carry out or perform such powers or functionsfor the authority;

(3) To receive and exercise powers delegated by any authority,agency, or agent of a municipality created pursuant to this chapter orchapter 353, RSMo, excluding powers of eminent domain.