99.1082. Definitions.
Definitions.
99.1082. As used in sections 99.1080 to 99.1092, unless the contextclearly requires otherwise, the following terms shall mean:
(1) "Baseline year", the calendar year prior to the adoption of anordinance by the municipality approving a redevelopment project; provided,however, if local sales tax revenues or state sales tax revenues, frombusinesses other than any out-of-state business or businesses locating inthe redevelopment project area, decrease in the redevelopment project areain the year following the year in which the ordinance approving aredevelopment project is approved by a municipality, the baseline year may,at the option of the municipality approving the redevelopment project, bethe year following the year of the adoption of the ordinance approving theredevelopment project. When a redevelopment project area is located withina county for which public and individual assistance has been requested bythe governor under Section 401 of the Robert T. Stafford Disaster Reliefand Emergency Assistance Act, 42 U.S.C. 5121, et seq., for an emergencyproclaimed by the governor under section 44.100, RSMo, due to a naturaldisaster of major proportions and the redevelopment project area is acentral business district that sustained severe damage as a result of suchnatural disaster, as determined by the state emergency management agency,the baseline year may, at the option of the municipality approving theredevelopment project, be the calendar year in which the natural disasteroccurred or the year following the year in which the natural disasteroccurred, provided that the municipality adopts an ordinance approving theredevelopment project within one year after the occurrence of the naturaldisaster;
(2) "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;
(3) "Central business district", the area at or near the historiccore that is locally known as the "downtown" of a municipality that has amedian household income of sixty-two thousand dollars or less, according tothe last decennial census. In addition, at least fifty percent of existingbuildings in this area will have been built in excess of thirty-five yearsprior or vacant lots that had prior structures built in excess ofthirty-five years prior to the adoption of the ordinance approving theredevelopment plan. The historical land use emphasis of a central businessdistrict prior to redevelopment will have been a mixed use of business,commercial, financial, transportation, government, and multifamilyresidential uses;
(4) "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, and such an area is not yet a blighted area butis detrimental to the public health, safety, morals, or welfare and maybecome a 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;
(5) "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;
(6) "Local sales tax increment", at least fifty percent of the localsales tax revenue from taxes that are imposed by a municipality and itscounty, and that are generated by economic activities within aredevelopment area over the amount of such taxes generated by economicactivities within such a redevelopment area in the calendar year prior tothe adoption of the ordinance designating such a redevelopment area whilefinancing under sections 99.1080 to 99.1092 remains in effect, butexcluding personal property taxes, taxes imposed on sales or charges forsleeping rooms paid by transient guests of hotels and motels, licenses,fees, or special assessments; provided however, the governing body of anycounty may, by resolution, exclude any portion of any countywide sales taxof such county. For redevelopment projects or redevelopment plans approvedafter August 28, 2005, if a retail establishment relocates within one yearfrom one facility within the same county and the governing body of themunicipality finds that the retail establishment is a direct beneficiary oftax increment financing, then for the purposes of this subdivision, theeconomic activity taxes generated by the retail establishment shall equalthe total additional revenues from economic activity taxes that are imposedby a municipality or other taxing district over the amount of economicactivity taxes generated by the retail establishment in the calendar yearprior to its relocation to the redevelopment area;
(7) "Local sales tax revenue", city sales tax revenues received undersections 94.500 to 94.550, RSMo, and county sales tax revenues receivedunder sections 67.500 to 67.594, RSMo;
(8) "Major initiative", a development project within a centralbusiness district which promotes tourism, cultural activities, arts,entertainment, education, research, arenas, multipurpose facilities,libraries, ports, mass transit, museums, economic development, orconventions for the municipality, and where the capital investment withinthe redevelopment project area is:
(a) At least five million dollars for a project area within a cityhaving a population of one hundred thousand to one hundred ninety-ninethousand nine hundred and ninety-nine inhabitants;
(b) At least one million dollars for a project area within a cityhaving a population of fifty thousand to ninety-nine thousand nine hundredand ninety-nine inhabitants;
(c) At least five hundred thousand dollars for a project area withina city having a population of ten thousand to forty-nine thousand ninehundred and ninety-nine inhabitants; or
(d) At least two hundred fifty thousand dollars for a project areawithin a city having a population of one to nine thousand nine hundred andninety-nine inhabitants;
(9) "Municipality", any city or county of this state having fewerthan two hundred thousand inhabitants;
(10) "Obligations", bonds, loans, debentures, notes, specialcertificates, or other evidences of indebtedness issued by the municipalityor authority, or other public entity authorized to issue such obligationsunder sections 99.1080 to 99.1092 to carry out a redevelopment project orto refund outstanding obligations;
(11) "Ordinance", an ordinance enacted by the governing body of anymunicipality;
(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 or aconservation area, which area shall have the following characteristics:
(a) It can be renovated through one or more redevelopment projects;
(b) It is located in the central business district;
(c) The redevelopment area shall not exceed ten percent of the entiregeographic area of the municipality.
Subject to the limitation set forth in this subdivision, the redevelopmentarea can be enlarged or modified as provided in section 99.1088;
(13) "Redevelopment plan", the comprehensive program of amunicipality to reduce or eliminate those conditions which qualify aredevelopment area as a blighted area or a conservation area, and tothereby enhance the tax bases of the taxing districts which extend into theredevelopment area through the reimbursement, payment, or other financingof redevelopment project costs in accordance with sections 99.1080 to99.1092 and through application for and administration of downtownrevitalization preservation program financing under sections 99.1080 to99.1092;
(14) "Redevelopment project", any redevelopment project within aredevelopment area which constitutes a major initiative in furtherance ofthe objectives of the redevelopment plan, and any such redevelopmentproject shall include a legal description of the area selected for suchredevelopment project;
(15) "Redevelopment project area", the area located within aredevelopment area selected for a redevelopment project;
(16) "Redevelopment project costs" include such costs to theredevelopment plan or a redevelopment project, as applicable, which areexpended on public property, buildings, or rights-of-way for publicpurposes to provide infrastructure to support a redevelopment project,including facades. Such costs shall only be allowed as an initial expensewhich, to be recoverable, must be included in the costs of a redevelopmentplan or redevelopment project, except in circumstances of plan amendmentsapproved by the department of economic development. Such infrastructurecosts include, but are not limited to, the following:
(a) Costs of studies, appraisals, surveys, plans, and specifications;
(b) Professional service costs, including, but not limited to,architectural, engineering, legal, marketing, financial, planning, orspecial services;
(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, repair, or remodeling ofexisting public buildings and fixtures;
(e) Costs of construction of public works or improvements;
(f) Financing costs, including, but not limited to, all necessaryexpenses related to the issuance of obligations issued to finance all orany portion of the infrastructure costs of one or more redevelopmentprojects, and which may include capitalized interest on any suchobligations and reasonable reserves related to any such obligations;
(g) All or a portion of a taxing district's capital costs resultingfrom any redevelopment project necessarily incurred or to be incurred infurtherance of the objectives of the redevelopment plan, to the extent themunicipality by written agreement accepts and approves such infrastructurecosts;
(h) Payments to taxing districts on a pro rata basis to partiallyreimburse taxes diverted by approval of a redevelopment project when alldebt is retired;
(i) State government costs, including, but not limited to, thereasonable costs incurred by the department of economic development and thedepartment of revenue in evaluating an application for and administeringdowntown revitalization preservation financing for a redevelopment project;
(17) "State sales tax increment", up to one-half of the incrementalincrease in the state sales tax revenue in the redevelopment project areaprovided the local taxing jurisdictions commit one-half of their localsales tax to paying for redevelopment project costs. The incrementalincrease shall be the amount by which the state sales tax revenue generatedat the facility or within the redevelopment project area exceeds the statesales tax revenue generated at the facility or within the redevelopmentproject area in the baseline year. For redevelopment projects orredevelopment plans approved after August 28, 2005, if a retailestablishment relocates within one year from one facility to anotherfacility within the same county and the governing body of the municipalityfinds that the retail establishment is a direct beneficiary of taxincrement financing, then for the purposes of this subdivision, theeconomic activity taxes generated by the retail establishment shall equalthe total additional revenues from economic activity taxes that are imposedby a municipality or other taxing district over the amount of economicactivity taxes generated by the retail establishment in the calendar yearprior to the relocation to the redevelopment area;
(18) "State sales tax revenues", the general revenue portion of statesales tax revenues received under section 144.020, RSMo, excluding salestaxes that are constitutionally dedicated, taxes deposited to the schooldistrict trust fund in accordance with section 144.701, RSMo, sales and usetaxes on motor vehicles, trailers, boats and outboard motors and futuresales taxes earmarked by law;
(19) "Taxing district's capital costs", those costs of taxingdistricts for capital improvements that are found by the municipalgoverning bodies to be necessary and to directly result from aredevelopment project;
(20) "Taxing districts", any political subdivision of this statehaving the power to levy taxes.
(L. 2005 H.B. 58 merged with S.B. 210)