Advanced Search

Section: 099.0320 Definitions. Rsmo 99.320


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Missouri Revised Statutes













Chapter 99

Municipal Housing

←99.310

Section 99.320.1

99.330→

August 28, 2015

Definitions.

99.320. As used in this law, the following terms mean:



(1) "Area of operation", in the case of a municipality, the area within

the municipality except that the area of operation of a municipality under

this law shall not include any area which lies within the territorial

boundaries of another municipality unless a resolution has been adopted by

the governing body of the other municipality declaring a need therefor; and in

the case of a county, the area within the county, except that the area of

operation in such case shall not include any area which lies within the

territorial boundaries of a municipality unless a resolution has been adopted

by the governing body of the municipality declaring a need therefor; and in

the case of a regional authority, the area within the communities for which

the regional authority is created, except that a regional authority shall not

undertake a land clearance project within the territorial boundaries of any

municipality unless a resolution has been adopted by the governing body of

the municipality declaring that there is a need for the regional authority to

undertake the land clearance project within such municipality; no authority

shall operate in any area of operation in which another authority already

established is undertaking or carrying out a land clearance project without

the consent, by resolution, of the other authority;



(2) "Authority" or "land clearance for redevelopment authority", a public

body corporate and politic created by or pursuant to section 99.330 or any

other public body exercising the powers, rights and duties of such an

authority;



(3) "Blighted area", an area which, by reason of the predominance of

defective or inadequate street layout, insanitary or unsafe conditions,

deterioration of site improvements, improper subdivision or obsolete

platting, or the existence of conditions which endanger life or property by

fire and other causes, or any combination of such factors, retards the

provision of housing accommodations or constitutes an economic or social

liability or a menace to the public health, safety, morals, or welfare in its

present condition and use;



(4) "Bond", any bonds, including refunding bonds, notes, interim

certificates, debentures, or other obligations issued by an authority

pursuant to this law;



(5) "Clerk", the clerk or other official of the municipality or county

who is the custodian of the official records of the municipality or county;



(6) "Community", any county or municipality except that such term shall

not include any municipality containing less than seventy-five thousand

inhabitants until the governing body thereof shall have submitted the

proposition of accepting the provisions of this law to the qualified voters

therein at an election called and held as provided by law for the incurring of

indebtedness by such municipality, and a majority of the voters voting at the

election shall have voted in favor of such proposition;



(7) "Federal government", the United States of America or any agency or

instrumentality, corporate or otherwise, of the United States of America;



(8) "Governing body", the city council, common council, board of aldermen

or other legislative body charged with governing the municipality or the

county commission or other legislative body charged with governing the county;



(9) "Insanitary area", an area in which there is a predominance of

buildings and improvements which, by reason of dilapidation, deterioration,

age or obsolescence, inadequate provision for ventilation, light, air

sanitation or open spaces, high density of population and overcrowding of

buildings, overcrowding of land, or the existence of conditions which endanger

life or property by fire and other causes, or any combination of such

factors, is conducive to ill health, transmission of disease, infant

mortality, juvenile delinquency and crime or constitutes an economic or

social liability and is detrimental to the public health, safety, morals, or

welfare;



(10) "Land clearance project", any work or undertaking:



(a) To acquire blighted, or insanitary areas or portions thereof,

including lands, structures, or improvements the acquisition of which is

necessary or incidental to the proper clearance, development or redevelopment

of the blighted or insanitary areas or to the prevention of the spread or

recurrence of substandard or insanitary conditions or conditions of blight;



(b) To clear any such areas by demolition or removal of existing

buildings, structures, streets, utilities or other improvements thereon and

to install, construct or reconstruct streets, utilities, and site

improvements essential to the preparation of sites for uses in accordance

with a redevelopment plan;



(c) To sell, lease or otherwise make available land in such areas for

residential, recreational, commercial, industrial or other use or for public

use or to retain such land for public use, in accordance with a redevelopment

plan;



(d) To develop, construct, reconstruct, rehabilitate, repair or improve

residences, houses, buildings, structures and other facilities;



(e) The term "land clearance project" may also include the preparation of

a redevelopment plan, the planning, survey and other work incident to a land

clearance project and the preparation of all plans and arrangements for

carrying out a land clearance project and wherever the words "land clearance

project" are used in this law, they shall also mean and include the words

"urban renewal project" as defined in this section;



(11) "Mayor", the elected mayor of the city or the elected officer having

the duties customarily imposed upon the mayor of the city or the executive

head of a county;



(12) "Municipality", any incorporated city, town or village in the state;



(13) "Obligee", any bondholders, agents or trustees for any bondholders,

lessor demising to the authority property used in connection with land

clearance project, or any assignee or assignees of the lessor's interest or

any part thereof, and the federal government when it is a party to any

contract with the authority;



(14) "Person", any individual, firm, partnership, corporation, company,

association, joint stock association, or body politic; and shall include any

trustee, receiver, assignee, or other similar representative thereof;



(15) "Public body", the state or any municipality, county, township,

board, commission, authority, district, or any other subdivision of the state;



(16) "Real property", all lands, including improvements and fixtures

thereon, and property of any nature appurtenant thereto, or used in*

connection therewith, and every estate, interest and right, legal or

equitable, therein, including terms for years and liens by way of judgment,

mortgage or otherwise and the indebtedness secured by such liens;



(17) "Redeveloper", any person, partnership, or public or private

corporation or agency which enters or proposes to enter into a redevelopment

or rehabilitation or renewal contract;



(18) "Redevelopment contract", a contract entered into between an

authority and redeveloper for the redevelopment, rehabilitation or renewal of

an area in conformity with a redevelopment plan or an urban renewal plan;



(19) "Redevelopment", the process of undertaking and carrying out a

redevelopment plan or urban renewal plan;



(20) "Redevelopment plan", a plan other than a preliminary or tentative

plan for the acquisition, clearance, reconstruction, rehabilitation, renewal

or future use of a land clearance project area, and shall be sufficiently

complete to comply with subdivision (4) of section 99.430 and shall be in

compliance with a "workable program" for the city as a whole and wherever

used in sections 99.300 to 99.660 the words "redevelopment plan" shall also

mean and include "urban renewal plan" as defined in this section;



(21) "Urban renewal plan", a plan as it exists from time to time, for an

urban renewal project, which plan shall conform to the general plan for the

municipality as a whole; and shall be sufficiently complete to indicate such

land acquisition, demolition and removal of structures, redevelopment,

improvements, and rehabilitation as may be proposed to be carried out in the

area of the urban renewal project, zoning and planning changes, if any, land

uses, maximum densities, building requirements, and the relationship of the

plan to definite local objectives respecting appropriate land uses, improved

traffic, public transportation, public utilities, recreational and community

facilities, and other public improvements; an** urban renewal plan shall be

prepared and approved pursuant to the same procedure as provided with respect

to a redevelopment plan;



(22) "Urban renewal project", any surveys, plans, undertakings and

activities for the elimination and for the prevention of the spread or

development of insanitary, blighted, deteriorated or deteriorating areas and

may involve any work or undertaking for such purpose constituting a land

clearance project or any rehabilitation or conservation work, or any

combination of such undertaking or work in accordance with an urban renewal

project; for this purpose, "rehabilitation or conservation work" may include:



(a) Carrying out plans for a program of voluntary or compulsory repair

and rehabilitation of buildings or other improvements;



(b) Acquisition of real property and demolition, removal or

rehabilitation of buildings and improvements thereon where necessary to

eliminate unhealthful, insanitary or unsafe conditions, lessen density,

eliminate uneconomic, obsolete or other uses detrimental to the public

welfare, or to otherwise remove or prevent the spread of blight or

deterioration, or to provide land for needed public facilities;



(c) To develop, construct, reconstruct, rehabilitate, repair or improve

residences, houses, buildings, structures and other facilities;



(d) Installation, construction, or reconstruction of streets, utilities,

parks, playgrounds, and other improvements necessary for carrying out the

objectives of the urban renewal project; and



(e) The disposition, for uses in accordance with the objectives of the

urban renewal project, of any property or part thereof acquired in the area

of the project; but such disposition shall be in the manner prescribed in

this law for the disposition of property in a land clearance project area;



(23) "Workable program", an official plan of action, as it exists from

time to time, for effectively dealing with the problem in insanitary,

blighted, deteriorated or deteriorating areas within the community and for

the establishment and preservation of a well-planned community with

well-organized residential neighborhoods of decent homes and suitable living

environment for adequate family life, for utilizing appropriate private and

public resources to eliminate and prevent the development or spread of

insanitary, blighted, deteriorated or deteriorating areas, to encourage

needed urban rehabilitation, to provide for the redevelopment of blighted,

insanitary, deteriorated and deteriorating areas, or to undertake such of the

aforesaid activities or other feasible community activities as may be suitably

employed to achieve the objectives of such a program.



(L. 1951 p. 300 § 3, A.L. 1955 p. 279, A.L. 1965 p. 220, A.L.

1972 S.B. 586)



*Word "on" appears in original rolls.



**Word "and" appears in original rolls.







Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.