99.1036. Adoption of authorizing ordinance, public hearings to be held--notice for hearing, contents. - Missouri Statutes

Adoption of authorizing ordinance, public hearings to beheld--notice for hearing, contents.

99.1036. 1. Prior to the adoption of the ordinance designating adevelopment area, adopting a development plan, or approving a developmentproject, the municipality or authority shall fix a time and place for apublic hearing and notify each taxing district located wholly or partiallywithin the boundaries of the proposed development area or developmentproject area affected. Such notice shall comply with the provisions ofsubsection 2 of this section. At the public hearing any interested personor affected taxing district may file with the municipality or authoritywritten objections to, or comments on, and may be heard orally in respectto, any issues regarding the plan or issues embodied in the notice. Themunicipality or authority shall hear and consider all protests, objections,comments, and other evidence presented at the hearing. The hearing may becontinued to another date without further notice other than a motion to beentered upon the minutes fixing the time and place of the subsequenthearing. Prior to the conclusion of the hearing, changes may be made inthe development plan, development project, development area or developmentproject area, provided that written notice of such changes is available atthe public hearing. After the public hearing but prior to the adoption ofan ordinance designating a development area, adopting a development plan orapproving a development project, changes may be made to any such proposeddevelopment plan, development project, development area, or developmentproject area without a further hearing, if such changes do not enlarge theexterior boundaries of the development area, and do not substantiallyaffect the general land uses established in a development plan ordevelopment project, provided that notice of such changes shall be given bymail to each affected taxing district and by publication in a newspaper ofgeneral circulation in the development area or development project area, asapplicable, not less than ten days prior to the adoption of the changes byordinance. After the adoption of an ordinance designating the developmentarea, adopting a development plan, approving a development project, ordesignating a development project area, no ordinance shall be adoptedaltering the exterior boundaries of the development area or a developmentproject area affecting the general land uses established pursuant to thedevelopment plan or the general nature of a development project withoutholding a public hearing in accordance with this section. One publichearing may be held for the simultaneous consideration of a developmentarea, development plan, development project, or development project area.

2. Notice of the public hearing required by this section shall begiven by publication and mailing. Notice by publication shall be given bypublication at least twice, the first publication to be not more thanthirty days and the second publication to be not more than ten days priorto the hearing, in a newspaper of general circulation in the proposeddevelopment area or development project area, as applicable. Notice bymailing shall be given by depositing such notice in the United States mailby certified mail addressed to the person or persons in whose name thegeneral taxes for the last preceding year were paid on each lot, block,tract, or parcel of land lying within the proposed development area ordevelopment project area, as applicable, which is to be subjected to thepayment or payments in lieu of taxes and economic activity taxes pursuantto section 99.1042. Such notice shall be mailed not less than ten workingdays prior to the date set for the public hearing. In the event taxes forthe last preceding year were not paid, the notice shall also be sent to thepersons last listed on the tax rolls within the preceding three years asthe owners of such property.

3. The notices issued pursuant to this section shall include thefollowing:

(1) The time and place of the public hearing;

(2) The general boundaries of the proposed development area ordevelopment project area, as applicable, by street location, wherepossible;

(3) A statement that all interested persons shall be given anopportunity to be heard at the public hearing;

(4) A description of the development plan and the proposeddevelopment projects and a location and time where the entire developmentplan or development projects proposed may be reviewed by any interestedparty;

(5) An estimate of other net new revenues;

(6) A statement that development financing involving tax revenues andpayments in lieu of taxes is being sought for the project and an estimateof the amount of local development financing that will be requested, ifapplicable; and

(7) Such other matters as the municipality or authority may deemappropriate.

4. Not less than forty-five days prior to the date set for the publichearing, the municipality or authority shall give notice by mail asprovided in subsection 2 of this section to all taxing districts withjurisdiction over taxable property in the development area or developmentproject area, as applicable, and in addition to the other requirementspursuant to subsection 3 of this section, the notice shall include aninvitation to each taxing district to submit comments to the municipalityor authority concerning the subject matter of the hearing prior to the dateof the hearing.

5. A copy of any and all hearing notices required by this sectionshall be submitted by the municipality or authority to the director of thedepartment of economic development and the date such notices were mailed orpublished, as applicable.

(L. 2003 H.B. 289)