99.825. Adoption of ordinance for redevelopment, public hearing required--objection procedure--hearing and notices not required, when--restrictions on certain projects. - Missouri Statutes

Adoption of ordinance for redevelopment, public hearingrequired--objection procedure--hearing and notices not required,when--restrictions on certain projects.

99.825. 1. Prior to the adoption of an ordinance proposing thedesignation of a redevelopment area, or approving a redevelopment plan orredevelopment project, the commission shall fix a time and place for apublic hearing as required in subsection 4 of section 99.820 and notifyeach taxing district located wholly or partially within the boundaries ofthe proposed redevelopment area, plan or project. At the public hearingany interested person or affected taxing district may file with thecommission written objections to, or comments on, and may be heard orallyin respect to, any issues embodied in the notice. The commission shallhear and consider all protests, objections, comments and other evidencepresented at the hearing. The hearing may be continued to another datewithout further notice other than a motion to be entered upon the minutesfixing the time and place of the subsequent hearing; provided, if thecommission is created under subsection 3 of section 99.820, the hearingshall not be continued for more than thirty days beyond the date on whichit is originally opened unless such longer period is requested by the chiefelected official of the municipality creating the commission and approvedby a majority of the commission. Prior to the conclusion of the hearing,changes may be made in the redevelopment plan, redevelopment project, orredevelopment area, provided that each affected taxing district is givenwritten notice of such changes at least seven days prior to the conclusionof the hearing. After the public hearing but prior to the adoption of anordinance approving a redevelopment plan or redevelopment project, ordesignating a redevelopment area, changes may be made to the redevelopmentplan, redevelopment projects or redevelopment areas without a furtherhearing, if such changes do not enlarge the exterior boundaries of theredevelopment area or areas, and do not substantially affect the generalland uses established in the redevelopment plan or substantially change thenature of the redevelopment projects, provided that notice of such changesshall be given by mail to each affected taxing district and by publicationin a newspaper of general circulation in the area of the proposedredevelopment not less than ten days prior to the adoption of the changesby ordinance. After the adoption of an ordinance approving a redevelopmentplan or redevelopment project, or designating a redevelopment area, noordinance shall be adopted altering the exterior boundaries, affecting thegeneral land uses established pursuant to the redevelopment plan orchanging the nature of the redevelopment project without complying with theprocedures provided in this section pertaining to the initial approval of aredevelopment plan or redevelopment project and designation of aredevelopment area. Hearings with regard to a redevelopment project,redevelopment area, or redevelopment plan may be held simultaneously.

2. Effective January 1, 2008, if, after concluding the hearingrequired under this section, the commission makes a recommendation undersection 99.820 in opposition to a proposed redevelopment plan,redevelopment project, or designation of a redevelopment area, or anyamendments thereto, a municipality desiring to approve such project, plan,designation, or amendments shall do so only upon a two-thirds majority voteof the governing body of such municipality.

3. Tax incremental financing projects within an economic developmentarea shall apply to and fund only the following infrastructure projects:highways, roads, streets, bridges, sewers, traffic control systems anddevices, water distribution and supply systems, curbing, sidewalks and anyother similar public improvements, but in no case shall it includebuildings.

(L. 1982 H.B. 1411 & 1587 § 4, A.L. 1986 S.B. 664 merged with H.B. 989 & 1390, A.L. 1991 H.B. 502, A.L. 1997 2d Ex. Sess. S.B. 1, A.L. 2007 H.B. 741, A.L. 2008 H.B. 2058 merged with S.B. 718)