99.805. Definitions. - Missouri Statutes

Definitions.

99.805. As used in sections 99.800 to 99.865, unless the contextclearly requires otherwise, the following terms shall mean:

(1) "Blighted area", an area which, by reason of the predominance ofdefective or inadequate street layout, unsanitary or unsafe conditions,deterioration of site improvements, improper subdivision or obsoleteplatting, or the existence of conditions which endanger life or property byfire and other causes, or any combination of such factors, retards theprovision of housing accommodations or constitutes an economic or socialliability or a menace to the public health, safety, morals, or welfare inits present condition and use;

(2) "Collecting officer", the officer of the municipality responsiblefor receiving and processing payments in lieu of taxes or economic activitytaxes from taxpayers or the department of revenue;

(3) "Conservation area", any improved area within the boundaries of aredevelopment area located within the territorial limits of a municipalityin which fifty percent or more of the structures in the area have an age ofthirty-five years or more. Such an area is not yet a blighted area but isdetrimental to the public health, safety, morals, or welfare and may becomea blighted area because of any one or more of the following factors:dilapidation; obsolescence; deterioration; illegal use of individualstructures; presence of structures below minimum code standards;abandonment; excessive vacancies; overcrowding of structures and communityfacilities; lack of ventilation, light or sanitary facilities; inadequateutilities; excessive land coverage; deleterious land use or layout;depreciation of physical maintenance; and lack of community planning. Aconservation area shall meet at least three of the factors provided in thissubdivision for projects approved on or after December 23, 1997;

(4) "Economic activity taxes", the total additional revenue fromtaxes which are imposed by a municipality and other taxing districts, andwhich are generated by economic activities within a redevelopment area overthe amount of such taxes generated by economic activities within suchredevelopment area in the calendar year prior to the adoption of theordinance designating such a redevelopment area, while tax incrementfinancing remains in effect, but excluding personal property taxes, taxesimposed on sales or charges for sleeping rooms paid by transient guests ofhotels and motels, licenses, fees or special assessments. Forredevelopment projects or redevelopment plans approved after December 23,1997, if a retail establishment relocates within one year from one facilityto another facility within the same county and the governing body of themunicipality finds that the relocation is a direct beneficiary of taxincrement financing, then for purposes of this definition, the economicactivity taxes generated by the retail establishment shall equal the totaladditional revenues from economic activity taxes which are imposed by amunicipality or other taxing district over the amount of economic activitytaxes generated by the retail establishment in the calendar year prior toits relocation to the redevelopment area;

(5) "Economic development area", any area or portion of an arealocated within the territorial limits of a municipality, which does notmeet the requirements of subdivisions (1) and (3) of this section, and inwhich the governing body of the municipality finds that redevelopment willnot be solely used for development of commercial businesses which unfairlycompete in the local economy and is in the public interest because it will:

(a) Discourage commerce, industry or manufacturing from moving theiroperations to another state; or

(b) Result in increased employment in the municipality; or

(c) Result in preservation or enhancement of the tax base of themunicipality;

(6) "Gambling establishment", an excursion gambling boat as definedin section 313.800, RSMo, and any related business facility including anyreal property improvements which are directly and solely related to suchbusiness facility, whose sole purpose is to provide goods or services to anexcursion gambling boat and whose majority ownership interest is held by aperson licensed to conduct gambling games on an excursion gambling boat orlicensed to operate an excursion gambling boat as provided in sections313.800 to 313.850, RSMo. This subdivision shall be applicable only to aredevelopment area designated by ordinance adopted after December 23, 1997;

(7) "Greenfield area", any vacant, unimproved, or agriculturalproperty that is located wholly outside the incorporated limits of a city,town, or village, or that is substantially surrounded by contiguousproperties with agricultural zoning classifications or uses unless saidproperty was annexed into the incorporated limits of a city, town, orvillage ten years prior to the adoption of the ordinance approving theredevelopment plan for such greenfield area;

(8) "Municipality", a city, village, or incorporated town or anycounty of this state. For redevelopment areas or projects approved on orafter December 23, 1997, "municipality" applies only to cities, villages,incorporated towns or counties established for at least one year prior tosuch date;

(9) "Obligations", bonds, loans, debentures, notes, specialcertificates, or other evidences of indebtedness issued by a municipalityto carry out a redevelopment project or to refund outstanding obligations;

(10) "Ordinance", an ordinance enacted by the governing body of acity, town, or village or a county or an order of the governing body of acounty whose governing body is not authorized to enact ordinances;

(11) "Payment in lieu of taxes", those estimated revenues from realproperty in the area selected for a redevelopment project, which revenuesaccording to the redevelopment project or plan are to be used for a privateuse, which taxing districts would have received had a municipality notadopted tax increment allocation financing, and which would result fromlevies made after the time of the adoption of tax increment allocationfinancing during the time the current equalized value of real property inthe area selected for the redevelopment project exceeds the total initialequalized value of real property in such area until the designation isterminated pursuant to subsection 2 of section 99.850;

(12) "Redevelopment area", an area designated by a municipality, inrespect to which the municipality has made a finding that there existconditions which cause the area to be classified as a blighted area, aconservation area, an economic development area, an enterprise zonepursuant to sections 135.200 to 135.256, RSMo, or a combination thereof,which area includes only those parcels of real property directly andsubstantially benefited by the proposed redevelopment project;

(13) "Redevelopment plan", the comprehensive program of amunicipality for redevelopment intended by the payment of redevelopmentcosts to reduce or eliminate those conditions, the existence of whichqualified the redevelopment area as a blighted area, conservation area,economic development area, or combination thereof, and to thereby enhancethe tax bases of the taxing districts which extend into the redevelopmentarea. Each redevelopment plan shall conform to the requirements of section99.810;

(14) "Redevelopment project", any development project within aredevelopment area in furtherance of the objectives of the redevelopmentplan; any such redevelopment project shall include a legal description ofthe area selected for the redevelopment project;

(15) "Redevelopment project costs" include the sum total of allreasonable or necessary costs incurred or estimated to be incurred, and anysuch costs incidental to a redevelopment plan or redevelopment project, asapplicable. Such costs include, but are not limited to, the following:

(a) Costs of studies, surveys, plans, and specifications;

(b) Professional service costs, including, but not limited to,architectural, engineering, legal, marketing, financial, planning orspecial services. Except the reasonable costs incurred by the commissionestablished in section 99.820 for the administration of sections 99.800 to99.865, such costs shall be allowed only as an initial expense which, to berecoverable, shall be included in the costs of a redevelopment plan orproject;

(c) Property assembly costs, including, but not limited to,acquisition of land and other property, real or personal, or rights orinterests therein, demolition of buildings, and the clearing and grading ofland;

(d) Costs of rehabilitation, reconstruction, or repair or remodelingof existing buildings and fixtures;

(e) Initial costs for an economic development area;

(f) Costs of construction of public works or improvements;

(g) Financing costs, including, but not limited to, all necessary andincidental expenses related to the issuance of obligations, and which mayinclude payment of interest on any obligations issued pursuant to sections99.800 to 99.865 accruing during the estimated period of construction ofany redevelopment project for which such obligations are issued and for notmore than eighteen months thereafter, and including reasonable reservesrelated thereto;

(h) All or a portion of a taxing district's capital costs resultingfrom the redevelopment project necessarily incurred or to be incurred infurtherance of the objectives of the redevelopment plan and project, to theextent the municipality by written agreement accepts and approves suchcosts;

(i) Relocation costs to the extent that a municipality determinesthat relocation costs shall be paid or are required to be paid by federalor state law;

(j) Payments in lieu of taxes;

(16) "Special allocation fund", the fund of a municipality or itscommission which contains at least two separate segregated accounts foreach redevelopment plan, maintained by the treasurer of the municipality orthe treasurer of the commission into which payments in lieu of taxes aredeposited in one account, and economic activity taxes and other revenuesare deposited in the other account;

(17) "Taxing districts", any political subdivision of this statehaving the power to levy taxes;

(18) "Taxing districts' capital costs", those costs of taxingdistricts for capital improvements that are found by the municipalgoverning bodies to be necessary and to directly result from theredevelopment project; and

(19) "Vacant land", any parcel or combination of parcels of realproperty not used for industrial, commercial, or residential buildings.

(L. 1982 H.B. 1411 & 1587 § 2, A.L. 1986 H.B. 989 & 1390 merged with S.B. 664, A.L. 1991 H.B. 502, A.L. 1997 2d Ex. Sess. S.B. 1, A.L. 2007 1st Ex. Sess H.B. 1)

Effective 11-28-07