99.865. Report by municipalities, contents, publication--satisfactory progress of project, procedure to determine--reports by department of economic development required, when, contents--rulemaking au - Missouri Statutes

Report by municipalities, contents, publication--satisfactory progressof project, procedure to determine--reports by department ofeconomic development required, when, contents--rulemakingauthority--department to provide manual, contents--penalty forfailure to comply.

99.865. 1. Each year the governing body of the municipality, or itsdesignee, shall prepare a report concerning the status of eachredevelopment plan and redevelopment project, and shall submit a copy ofsuch report to the director of the department of economic development. Thereport 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 specialallocation fund;

(3) The amount of any pledge of revenues, including principal andinterest 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 redevelopmentarea 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 theredevelopment area or the state income tax withheld by employers on behalfof existing employees in the redevelopment area prior to the redevelopmentplan;

(8) The economic activity taxes generated within the redevelopmentarea after the approval of the redevelopment plan, to include a separateentry for the increase in state sales tax revenues for the redevelopmentarea or the increase in state income tax withheld by employers on behalf ofnew employees who fill new jobs created in the redevelopment area;

(9) Reports on contracts made incident to the implementation andfurtherance of a redevelopment plan or project;

(10) A copy of any redevelopment plan, which shall include therequired 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 ofeminent domain proceedings; and

(13) Any additional information the municipality deems necessary.

2. Data contained in the report mandated pursuant to the provisionsof subsection 1 of this section and any information regarding amountsdisbursed to municipalities pursuant to the provisions of section 99.845shall be deemed a public record, as defined in section 610.010, RSMo. Anannual statement showing the payments made in lieu of taxes received andexpended in that year, the status of the redevelopment plan and projectstherein, amount of outstanding bonded indebtedness and any additionalinformation the municipality deems necessary shall be published in anewspaper of general circulation in the municipality.

3. Five years after the establishment of a redevelopment plan andevery five years thereafter the governing body shall hold a public hearingregarding those redevelopment plans and projects created pursuant tosections 99.800 to 99.865. The purpose of the hearing shall be todetermine if the redevelopment project is making satisfactory progressunder the proposed time schedule contained within the approved plans forcompletion of such projects. Notice of such public hearing shall be givenin a newspaper of general circulation in the area served by the commissiononce each week for four weeks immediately prior to the hearing.

4. The director of the department of economic development shallsubmit a report to the state auditor, the speaker of the house ofrepresentatives, and the president pro tem of the senate no later thanFebruary first of each year. The report shall contain a summary of allinformation received by the director pursuant to this section.

5. For the purpose of coordinating all tax increment financingprojects using new state revenues, the director of the department ofeconomic development may promulgate rules and regulations to ensurecompliance with this section. Such rules and regulations may includemethods for enumerating all of the municipalities which have establishedcommissions pursuant to section 99.820. No rule or portion of a rulepromulgated under the authority of sections 99.800 to 99.865 shall becomeeffective unless it has been promulgated pursuant to the provisions ofchapter 536, RSMo. All rulemaking authority delegated prior to June 27,1997, is of no force and effect and repealed; however, nothing in thissection shall be interpreted to repeal or affect the validity of any rulefiled or adopted prior to June 27, 1997, if such rule complied with theprovisions of chapter 536, RSMo. The provisions of this section andchapter 536, RSMo, are nonseverable and if any of the powers vested withthe general assembly pursuant to chapter 536, RSMo, including the abilityto review, to delay the effective date, or to disapprove and annul a ruleor portion of a rule, are subsequently held unconstitutional, then thepurported grant of rulemaking authority and any rule so proposed andcontained in the order of rulemaking shall be invalid and void.

6. The department of economic development shall provide informationand technical assistance, as requested by any municipality, on therequirements of sections 99.800 to 99.865. Such information and technicalassistance shall be provided in the form of a manual, written in aneasy-to-follow manner, and through consultations with departmental staff.

7. Any municipality which fails to comply with the reportingrequirements provided in this section shall be prohibited from implementingany new tax increment finance project for a period of no less than fiveyears from such municipality's failure to comply.

8. Based upon the information provided in the reports required underthe provisions of this section, the state auditor shall make available forpublic inspection on the auditor's web site, a searchable electronicdatabase of such municipal tax increment finance reports. All informationcontained within such database shall be maintained for a period of no lessthan ten years from initial posting.

(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)

(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.).