SENATE SUBSTITUTE
FOR
SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILLS NOS. 723 & 891
AN ACT
To repeal sections 77.140, 99.430, and 535.185, RSMo 1994, and sections 50.333, 67.400, 67.455, 67.457, 67.459 and 67.461, RSMo Supp. 1995, relating to certain political subdivisions, and to enact in lieu thereof twelve new sections relating to the same subject, with an expiration date for certain provisions and with penalty provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:
Section A. Sections 77.140, 99.430, and 535.185, RSMo 1994, and sections 50.333, 67.400, 67.455, 67.457, 67.459 and 67.461, RSMo Supp. 1995, are repealed and twelve new sections enacted in lieu thereof, to be known as sections 50.333, 67.400, 67.455, 67.457, 67.459, 67.461, 77.140, 99.430, 535.185, 1, 2, and 3, to read as follows:
50.333. 1. There shall be a salary commission in every nonchartered county.
2. The clerk of the circuit court of the judicial circuit in which such county is located shall set a date, time and place for the salary commission meeting and serve as temporary [chairman] chair of the salary commission until the members of the commission elect a [chairman] chair from their number. Upon written request of a majority of the salary commission members the clerk of the circuit court shall forthwith set the earliest date possible for a meeting of the salary commission. The circuit clerk shall give notice of the time and place of any meeting of the salary commission. Such notice shall be published in a newspaper of general circulation in such county at least five days prior to such meeting. Such notice shall contain a general description of the business to be discussed at such meeting.
3. The members of the salary commission shall be:
(1) The recorder of deeds if [his] such recorder's office [be] is separate from that of the circuit clerk;
(2) The county clerk;
(3) The prosecuting attorney;
(4) The sheriff;
(5) The county commissioners;
(6) The collector or treasurer ex officio collector;
(7) The treasurer or treasurer ex officio collector;
(8) The assessor;
(9) The auditor; and
(10) The public administrator in counties of the first classification.
Members of the salary commission shall receive no additional compensation for their services as members of the salary commission. A majority of members shall constitute a quorum.
4. Notwithstanding the provisions of section [610.025] 610.021, RSMo, all meetings of a county salary commission shall be open meetings and all votes taken at such meetings shall be open records. Any vote taken at any meeting of the salary commission shall be taken by recorded yeas and nays. Any member of the salary commission who is absent from a meeting, without permission of a majority of the members of the salary commission, shall be counted as voting with the majority at any such meeting.
5. In every county, the salary commission shall meet at least once before November thirtieth of [each odd-numbered year. The salary commission may meet as many times as it deems necessary and may meet after November thirtieth and prior to December fifteenth of any odd-numbered year if the commission has met at least once prior to November thirtieth of that year. At any meeting of the salary commission, the members shall elect a chairman from their number. The county clerk shall present a report on the financial condition of the county to the commission once the chairman is so elected, and shall keep the minutes of the meeting] every fourth year after 1993 and may meet otherwise as the commission may direct. Such direction may be in the form of a motion approved by the commission at a previous salary commission meeting, upon a call by the chair or temporary chair or upon the call by a majority of the members of the commission.
6. [For purposes of this section, the 1988 base compensation is the compensation paid on September 1, 1987, plus the same percentage increase paid or allowed, whichever is greater, to the presiding commissioner or the sheriff, whichever is greater, of that county for the year beginning January 1, 1988. Such increase shall be expressed as a percentage of the difference between the maximum allowable compensation and the compensation paid on September 1, 1987. At its meeting in 1987 and at any meeting held in 1988, the salary commission shall determine the compensation to be paid to every county officer holding office on January 1, 1988. The salary commission shall establish the compensation for each office at an amount not greater than that set by law as the maximum compensation. If the salary commission votes to increase compensation above the 1988 base compensation, but not to pay the maximum amount authorized by law for any officer, then the increase in compensation shall be the same percentage increase for all officers and shall be expressed as a percentage of the difference between the maximum allowable compensation and the 1988 base compensation. If two-thirds of the salary commission vote to decrease the compensation below the 1988 base compensation, all officers shall receive the same percentage decrease from the difference between the 1988 base and the salary paid on September 1, 1987. The commission may vote not to increase or decrease the 1988 base compensation and the 1988 base compensation shall be the salary of such officers during the subsequent term of office.
7.] For the year [1989] 1997 and every [second] year thereafter, when a meeting is held, the salary commission shall meet in every county as many times as it deems necessary on or prior to November thirtieth of any such year for the purpose of determining the amount of compensation to be paid to county officials. For each year in which the commission meets, the members shall elect a [chairman] chair from their number. The county clerk shall present a report on the financial condition of the county to the commission once the [chairman] chair is so elected, and shall keep minutes of the meeting. The salary commission shall then consider the compensation to be paid [for the next term of office] for each county officer [to be elected at the next general election; however, until August 28, 1990, the compensation for all commissioners of the county commission shall be determined together at the meeting of the salary commission held in the year prior to the beginning of the next term for presiding commissioner and the compensation for the commissioners other than the presiding commissioner shall not be established or adjusted at any meeting of the salary commission at which the compensation of the presiding commissioner is not also established or adjusted. After August 28, 1990, salaries of associate commissioners shall be determined prior to their election; however, regardless of the percentage increase granted,]. Associate commissioners shall not receive compensation in excess of the compensation received by the presiding commissioner. If the commission votes not to increase or decrease the compensation, the salary being paid during the term in which the vote was taken shall continue as the salary of such offices and officers during the subsequent term of office. If the salary commission votes to increase the compensation, all officers or offices whose compensation is being considered by the commission at that time, shall receive the same percentage [of the maximum allowable compensation] increase.
7. However, for any county in which all officer's salaries have been set at one hundred percent of the [maximum allowable compensation] salary schedule, the commission may vote to increase the compensation of county officers at that or any subsequent meeting of the salary commission without regard to any law or maximum limitation previously established by law. Such increase shall be expressed as a percentage of the compensation being paid during the term of office when the vote is taken, and each officer whose compensation is being established by the salary commission at that time shall receive the same percentage increase over the compensation being paid for that office during the term when the vote is taken. This increase shall be in addition to any increase mandated by an official's salary schedule because of changes in assessed valuation or population during the current term. If the salary commission votes to decrease the compensation, all officers and offices, except as otherwise provided in this subsection for county commissioners, shall receive the same percentage decrease; however, no salary or other compensation of county officers [holding office on or after May 13, 1988,] shall be decreased below the compensation being paid for the particular office on the date the salary commission votes, except upon a two-thirds vote of all of the members of the salary commission.
8. The salary commission shall issue, not later than December fifteenth of any year in which it meets, a report of compensation to be paid to each officer and the compensation so set shall be paid beginning with the start of the subsequent term of office of each officer. The report of compensation shall be certified to the clerk of the county commission for the county and shall be in substantially the following form:
The salary commission for ............. County hereby certifies that it has met pursuant to law to establish compensation for county officers to be paid to such officers during the next term of office for the officers affected. The salary commission reports that there shall be (no increase in compensation) (an increase of .................... percent) (a decrease of .......................... percent) (county officer's salaries set at .......... percent of the maximum allowable compensation). Salaries shall be adjusted each year on the official's year of incumbency for any change in the last applicable decennial census or any change in the last completed assessment that would affect the maximum allowable compensation for that office. If the salary commission desires, the commission may change the compensation of county officers in a gradual manner over the period of the term of office. In such case, the report of compensation shall be in substantially the following form:
The salary commission for ........... County hereby certifies that it has met pursuant to law to establish compensation for county officers to be paid to such officers during the next term of office for all county officers. The salary commission reports that there shall be (no increase in compensation) (an increase of .... percent each year in the next term of office) (a decrease of .... percent each year in the next term of office).
9. [For the meeting in 1989 and every meeting thereafter,] In the event a salary commission in any county fails, neglects or refuses to meet as provided in this section, or in the event a majority of the salary commission is unable to reach an agreement and so reports or fails to certify a salary report to the clerk of the county commission by December fifteenth of any year in which a report is required to be certified by this section, then the compensation being paid to each affected officer on such date shall continue to be the compensation paid to the affected officer during the succeeding term of office.
10. [The salary commission in each county which did not adopt a salary level of one hundred percent in 1987 and, upon petition of two-thirds of the members of the salary commission, the salary commission of any other county shall meet within thirty days after May 13, 1988, to reconsider any action or failure to act prior to May 13, 1988. Any salary schedule adopted or adjustments made in a previous salary schedule at the meeting required by this subsection shall be certified to the clerk of the county commission within forty-five days after May 13, 1988, and shall become the salary schedule for that county for the current term of office and the term of office for those officers to be elected in 1988 in lieu of any salary schedule adopted prior to May 13, 1988.
11.] Other provisions of law notwithstanding, in every instance where an officer or employee of any county is paid a mileage allowance or reimbursement, the county commission shall allow or reimburse such officers or employees out of the county treasury at the highest rate paid to any county officer for each mile actually and necessarily traveled in the performance of their official duties. The county commission of any county may elect to pay a mileage allowance for any county commissioner for travel going to and returning from the place of holding commission meetings and for all other necessary travel on official county business in the personal motor vehicle of the commissioner presenting the claim.
[12. The term "maximum allowable compensation" as used in this section means the highest compensation which may be paid to the specified officer in the particular county based on the salary schedule established by law for the specified officer, and in counties where compensation is computed on both a population and an assessed valuation factor, total compensation allowable shall be the sum of both the population and the assessed valuation factors which are applicable to the population and assessed valuation of the particular county. If the salary commission at its meeting in 1987 voted for one hundred percent of the maximum allowable compensation and does not change such vote at its meeting held within thirty days after May 13, 1988, as provided in subsection 6 of this section, the one hundred percent shall be calculated on the basis of the total allowable compensation permitted after May 13, 1988.]
11. The compensation for county officers shall be set as a group and not by individual officers. The compensation shall be expressed as a percentage of the compensation being paid during the term of office when the vote is taken. For those officers whose statutory compensation is based in whole, or in part, upon assessed valuation or population, changes in compensation based upon changes in such factors shall continue notwithstanding any action or nonaction of the salary commission; except that, such changes shall, like other statutory compensation, be subject to the percentage rate set by the salary commission. The compensation for county officers may be adjusted by the county commission on January first of each year, not to exceed the percentage increase given to other county employees.
67.400. The governing body of any city, town, village, or county [of the first classification and any county of the first class with a charter form of government] may enact orders or ordinances to provide for vacation and the mandatory demolition of buildings and structures, excluding farm buildings and structures, or mandatory repair and maintenance of buildings or structures, excluding farm buildings and structures, within the corporate limits of the city, town, village or county which are detrimental to the health, safety or welfare of the residents and declared to be a public nuisance. No county, except a county of the first classification and any county of the first class with a charter form of government, may enact orders or ordinances to provide for vacation and the mandatory demolition of abandoned farm buildings and structures. Farm buildings and structures shall be defined as any building or structure located on a tract of land in an unincorporated area consisting of three acres or more.
67.455. 1. As a complete alternative to all other methods provided by law or charter, the governing body of any city or county may make, or cause to be made, improvements which confer a benefit upon property within a neighborhood improvement district pursuant to sections 67.453 to 67.475. The governing body of such city or county may incur indebtedness and issue temporary notes and general obligation bonds of such city or county pursuant to sections 67.453 to 67.475 to pay for all or part of the cost of such improvements. An improvement may be combined with one or more other improvements for the purpose of issuing a single series of general obligation bonds to pay all or part of the cost of such improvements, but separate funds or accounts shall be established within the records of the city or county for each improvement as provided in section 67.473. Such city or county shall assess special assessments on the property deemed by the governing body to be benefited by each such improvement pursuant to section 67.457. The city or county shall use the moneys collected from such special assessments to reimburse the city or county for all amounts paid or to be paid by it as principal of and interest on its general obligation bonds issued for such improvements. As used in this chapter, improvements may include new improvements, maintenance to existing improvements or replacement of improvements partially or totally destroyed.
2. The bonds issued pursuant to subsection 1 of this section shall be based on a competitive selection process or by competitive bid. As used in this section, the phrase "competitive selection process" shall mean the utilization of a formal written request for proposals and shall require the establishment of selection criteria including, but not limited to, experience, fees and interest rates. The governing body of any city or county shall advertise for bids on bonds or proposals in at least one newspaper of general circulation in the area served by the neighborhood improvement district at least ten days before bids for the bonds are to be opened or the proposals are due. The city or county governing body may reject any and all bids and advertise for new bids.
67.457. 1. To establish a neighborhood improvement district, the governing body of any city or county shall comply with either of the procedures described in subsection 2 or 3 of this section.
2. The governing body of any city or county proposing to create a neighborhood improvement district may by resolution submit the question of creating such district to all qualified voters residing within such district at a general or special election called for that purpose. Such resolution shall set forth the project name for the proposed improvement, the general nature of the proposed improvement, the estimated cost of such improvement, the boundaries of the proposed neighborhood improvement district to be assessed, [and] the proposed method or methods of assessment of real property within the district, and the proposed assessment formula to be used in the proposed method or methods of assessment of real property within the district, including any provision for the annual assessment of maintenance costs of the improvement in each year after the bonds issued for the original improvement are paid in full, or if approved as a separate question on the ballot, the provision for the annual assessment of maintenance costs of the improvement prior to retirement of the bonds issued for the original improvements. The governing body of the city or county may create a neighborhood improvement district when the question of creating such district has been approved by the vote of the percentage of electors within such district voting thereon that is equal to the percentage of voter approval required for the issuance of general obligation bonds of such city or county under article VI, section 26 of the constitution of this state. The notice of election containing the question of creating a neighborhood improvement district shall contain the project name for the proposed improvement, the general nature of the proposed improvement, the estimated cost of such improvement, the boundaries of the proposed neighborhood improvement district to be assessed, the proposed method or methods of assessment of real property within the district, including any provision for the annual assessment of maintenance costs of the improvement in each year after the bonds issued for the original improvement are paid in full, and a statement that the final cost of such improvement assessed against real property within the district and the amount of general obligation bonds issued therefor shall not exceed the estimated cost of such improvement, as stated in such notice, by more than twenty-five percent. The ballot upon which the question of creating a neighborhood improvement district is submitted to the qualified voters residing within the proposed district shall contain a question in substantially the following form:
Shall ............ (name of city or county) be authorized to create a neighborhood improvement district proposed for the ............. (project name for the proposed improvement) and incur indebtedness and issue general obligation bonds to pay for all or part of the cost of public improvements within such district, the cost of all indebtedness so incurred to be assessed by the governing body of the ............. (city or county) on the real property benefited by such improvements for a period of ...... years, and, if included in the resolution, an assessment in each year thereafter with the proceeds thereof used solely for maintenance of the improvement? As a separate question on the same ballot, if included in the resolution, a maintenance tax levy question shall be submitted in substantially the following form:
Shall ........... (name of city or county) be authorized to collect a tax, not to exceed twenty cents per one hundred dollars of assessed valuation, and in addition to any ....... (special assessment or levy) to retire any bonds issued, to be used solely for maintenance costs of the improvement?
3. As an alternative to the procedure described in subsection 2 of this section and in addition to the petition requirements contained in article III, section 38(c) of the Missouri Constitution, the governing body of a city or county may create a neighborhood improvement district when a proper petition has been signed by at least two-thirds of the owners of record [of at least two-thirds by area] of all real property located within such proposed district. However, if the proposed improvement involves improvements to a county road in an unincorporated area of a second, third or fourth class county, the procedures set forth in this subsection shall be the exclusive manner in which an improvement district may be created; provided that the county commission may place the issue on the ballot only upon receiving a petition signed by four-sevenths of the owners of record of all real property located within such district. The petition, in order to become effective, shall be filed with the city clerk or county clerk. A proper petition for the creation of a neighborhood improvement district shall set forth the project name for the proposed improvement, the general nature of the proposed improvement, the estimated cost of such improvement, the boundaries of the proposed neighborhood improvement district to be assessed, the proposed method or methods of assessment of real property within the district, including any provision for the annual assessment of maintenance costs of the improvement in each year after the bonds issued for the original improvement are paid in full or any provision for the annual assessment of maintenance costs of the improvement prior to retirement of the bonds issued for the original improvement, a notice that the names of the signers may not be withdrawn later than seven days after the petition is filed with the city clerk or county clerk, and a notice that the final cost of such improvement assessed against real property within the district and the amount of general obligation bonds issued therefor shall not exceed the estimated cost of such improvement, as stated in such petition, by more than twenty-five percent.
4. Upon receiving the requisite voter approval at an election or upon the filing of a proper petition with the city clerk or county clerk, the governing body may by resolution or ordinance determine the advisability of the improvement and may order that the district be established and that preliminary plans and specifications for the improvement be made. Such resolution or ordinance shall state and make findings as to the project name for the proposed improvement, the nature of the improvement, the estimated cost of such improvement, the boundaries of the neighborhood improvement district to be assessed, the proposed method or methods of assessment of real property within the district, including any provision for the annual assessment of maintenance costs of the improvement [in each year after the bonds issued for the original improvement are paid in full], and shall also state that the final cost of such improvement assessed against the real property within the neighborhood improvement district and the amount of general obligation bonds issued therefor shall not, without a new election or petition, exceed the estimated cost of such improvement by more than twenty-five percent.
5. The boundaries of the proposed district shall be described by metes and bounds, streets or other sufficiently specific description. The area of the neighborhood improvement district finally determined by the governing body of the city or county to be assessed may be less than, but shall not exceed, the total area comprising such district.
6. In any neighborhood improvement district organized prior to August 28, 1994, an assessment may be levied and collected after the original period approved for assessment of property within the district has expired, with the proceeds thereof used solely for maintenance of the improvement, if the residents of the neighborhood improvement district either vote to assess real property within the district for the maintenance costs in the manner prescribed in subsection 2 of this section or if at least two-thirds of the owners of [two-thirds of the area] record of all real property located within the district sign a petition for such purpose in the same manner as prescribed in subsection 3 of this section.
67.459. The portion of the cost of any improvement to be assessed against the real property in a neighborhood improvement district shall be apportioned against such property in accordance with the benefits accruing thereto by reasons of such improvement. The cost may be assessed [equally per front foot or per square foot against property within the district or] by any [other] reasonable assessment plan determined by the governing body of the city or county which results in imposing substantially equal burdens or share of the cost upon property similarly benefited. The governing body of the city or county may from time to time determine and establish by ordinance or resolution reasonable general classifications and formulae for the methods of assessing the benefits.
67.461. 1. After the governing body has made the findings specified in section 67.457 and plans and specifications for the proposed improvements have been prepared, the governing body shall by ordinance or resolution order assessments to be made against each parcel of real property deemed to be benefited by an improvement based on the revised estimated cost of the improvement or, if available, the final cost thereof, and shall order a proposed assessment roll to be prepared.
2. The plans and specifications for the improvement and the proposed assessment roll shall be filed with the city clerk or county clerk, as applicable, and shall be open for public inspection. Such clerk shall thereupon, at the direction of the governing body, publish notice that the governing body will conduct a hearing to consider the proposed improvement and proposed assessments. Such notice shall be published in a newspaper of general circulation at least once a week for three consecutive weeks with at least one such notice being not more than twenty days and not less than ten days before the hearing and shall state the project name for the improvement, the date, time and place of such hearing, the general nature of the improvement, the revised estimated cost or, if available, the final cost of the improvement, the boundaries of the neighborhood improvement district to be assessed, and that written or oral objections will be considered at the hearing. The neighborhood improvement district shall reimburse such clerk's office for the cost of such advertisement. At the same time, the clerk shall mail to the owners of record of the real property made liable to pay the assessments, at their last known post-office address, a notice of the hearing and a statement of the cost proposed to be assessed against the real property so owned and assessed. The failure of any owner to receive such notice shall not invalidate the proceedings.
77.140. The council may establish, alter and change the channel of watercourses, and wall them and cover them over, and prevent obstructions thereon, and may establish, make and regulate public wells, cisterns and reservoirs of water, and provide for filling the same. The council may purchase grounds and erect and establish market houses and marketplaces, and regulate and govern the same; and also contract with any person or persons, association or corporation for the erection, maintenance and regulation of market houses and marketplaces, on such terms and conditions and in such manner as the council may prescribe. The council may also provide for the erection, purchase or renting of a city hall, workhouses, houses of correction, prisons, engine houses and any and all other necessary buildings for the city; and may sell, lease, abolish or otherwise dispose of the same, and may enclose, improve, regulate, purchase or sell all public parks or other public grounds belonging to the city, and may purchase and hold grounds for public parks within the city, or within three miles thereof. The city shall be authorized to issue and negotiate interest bearing revenue bonds on any of the foregoing facilities.
99.430. 1. Preparation and approval of redevelopment and urban renewal plans shall be carried out within the following regulations:
(1) An authority shall not acquire real property for a land clearance or urban renewal project unless the governing body of the community in which the land clearance project area or urban renewal project area is located has approved the redevelopment or urban renewal plan, as prescribed in subdivision (9) of this section.
(2) An authority shall not prepare a redevelopment or an urban renewal plan for a land clearance or urban renewal project area unless the governing body of the community in which the area is located has declared, by resolution or ordinance, the area to be a blighted, or insanitary area in need of redevelopment or in need of rehabilitation.
(3) An authority shall not recommend a redevelopment or urban renewal plan to the governing body of the community in which the land clearance or urban renewal project area is located until a general plan for the development of the community has been prepared.
(4) The authority itself may prepare or cause to be prepared a redevelopment or urban renewal plan or any person or agency, public or private, may submit such a plan to an authority. A redevelopment or urban renewal plan shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements and the proposed land uses and building requirements in the land clearance or urban renewal project area, and shall include without being limited to:
(a) The boundaries of the land clearance or urban renewal project area, with a map showing the existing uses and condition of the real property therein;
(b) A land use plan showing proposed uses of the area;
(c) Information showing the standards of population densities, land coverage and building intensities in the area after redevelopment or urban renewal;
(d) A statement of the proposed changes, if any, in zoning ordinances or maps, street layouts, street levels or grades, building codes and ordinances;
(e) A statement as to the kind and number of additional public facilities or utilities which will be required in the area after redevelopment or urban renewal; and
(f) A schedule indicating the estimated length of time needed for completion of each phase of the plan.
(5) Prior to recommending a redevelopment or urban renewal plan to the governing body for approval, an authority shall submit the plan to the planning agency, if any, of the community in which the land clearance or urban renewal project area is located for review and recommendations as to its conformity with the general plan for the development of the community as a whole. The planning agency shall submit its written recommendations with respect to the proposed redevelopment or urban renewal plan to the authority within thirty days after receipt of the plan for review. Upon receipt of the recommendations of the planning agency, or, if no recommendations are received within the thirty days, then without the recommendations, an authority may recommend the redevelopment or urban renewal plan to the governing body of the community for approval.
(6) Prior to recommending a redevelopment or urban renewal plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the land clearance or urban renewal project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted and harmonious development of the community and its environs which, in accordance with present and future needs, will promote health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, the prevention of the recurrence of insanitary or unsafe dwelling accommodations, or insanitary areas, or conditions of blight or deterioration, and the provision of adequate, safe and sanitary dwelling accommodations.
(7) The recommendation of a redevelopment or urban renewal plan by an authority to the governing body shall be accompanied by the recommendations, if any, of the planning commission concerning the redevelopment or urban renewal plan; a statement of the proposed method and estimated cost of the acquisition and preparation for redevelopment or urban renewal of the land clearance or urban renewal project area and the estimated proceeds or revenues from its disposal to redevelopers; a statement of the proposed method of financing the project; a statement of a feasible method proposed for the relocation of families to be displaced from the land clearance or urban renewal project area; and a schedule indicating the estimated length of time needed for completion of each phase of the plan.
(8) The governing body of the community shall hold a public hearing on any redevelopment or urban renewal plan or substantial modification thereof recommended by the authority, after public notice thereof by publication in a newspaper of general circulation in the community once each week for [two] three consecutive weeks, the last publication to be at least ten days prior to the date set for hearing. The notice shall describe the time, date, place and purpose of the hearing and shall also generally identify the area to be covered by the plan. All interested parties shall be afforded at the public hearing a reasonable opportunity to express their views respecting the proposed redevelopment or urban renewal plan.
(9) Following the hearing, the governing body may approve a redevelopment or urban renewal plan if it finds that the plan is feasible and in conformity with the general plan for the development of the community as a whole. A redevelopment or urban renewal plan which has not been approved by the governing body when recommended by the authority may be recommended again to it with any modifications deemed advisable.
(10) A redevelopment or urban renewal plan may be modified at any time by the authority, provided that, if modified after the lease or sale of real property in the land clearance or urban renewal project area, the modification must be consented to by the redeveloper of the real property or his successor, or their successors in interest affected by the proposed modification. Where the proposed modification will substantially change the redevelopment or urban renewal plan as previously approved by the governing body, the modification must similarly be approved by the governing body.
2. As an alternative to the procedures prescribed in subdivisions (2) and (5) of subsection 1, an authority may find an area to be a blighted, insanitary or undeveloped area in need of redevelopment or rehabilitation, and simultaneously prepare a plan, or adopt a plan presented to the authority, and the authority may simultaneously recommend its finding of a blighted, insanitary or undeveloped area and the approval of a plan to the governing body of the community, and the governing body may make its finding that the area is blighted, insanitary or undeveloped and approve the plan simultaneously. Simultaneously with such recommendation of a finding of a blighted or insanitary or undeveloped industrial area and recommendation of a plan to the governing body for approval, an authority shall submit the finding of a blighted or insanitary or undeveloped area and the plan to the planning agency, if any, of the community in which the project area is located for review and recommendation as to the conformity of the plan to the general plan for the development of the community as a whole. The planning agency shall submit its written recommendations with respect to the finding of a blighted or insanitary or undeveloped industrial area and the plan to the authority and the local governing body within thirty days after receipt of the findings and the plan for review. Upon receipt of the recommendations of the planning agency, or, if no recommendations are received within the thirty days, then without the recommendations, the governing body may simultaneously approve the finding of a blighted or [insantiary] insanitary or undeveloped area and approve the plan in the manner prescribed in subdivisions (8) and (9) of subsection 1.
535.185. 1. The landlord of residential property or any person authorized to enter into a rental agreement on such landlord's behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:
(1) The person authorized to manage the premises; and
(2) An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands. If such owner or authorized person has an address which is a post office box, service of process and any notice or demand may be made by mailing a copy of the summons, petition, notice or demand by first-class mail, postage prepaid, together with two copies of such summons, petition, notice or demand pursuant to section 506.150, RSMo.
2. The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner, or manager.
3. A person who fails to comply with subsection 1 of this section becomes an agent of each person who is a landlord for the purpose of:
(1) Service of process and receiving and receipting for notices and demands; and
(2) Performing the obligations of the landlord pursuant to chapter 441, RSMo, or this chapter, or any other obligations under the rental agreement and expending or making himself or herself available for the purposes of collecting all rent due from the premises.
4. The governing body of any county of the first classification with a charter form of government which contains all or part of a city with a population of three hundred fifty thousand or more inhabitants may adopt orders or ordinances to implement the provisions of subsections 4 to 6 of this section. Such orders or ordinances, if adopted, shall require any residential property owner who is not a resident of Missouri, the landlord or the agent for the landlord to register in the clerk's office of such county. The agent shall be a Missouri resident. The person completing such registration shall list the location of each parcel of rental property located in such county owned by such out-of-state landlord. The registration shall also include the name and address of the person who manages such property, and, if such manager is not the agent for such landlord, the name and address of the person who is the agent for such out-of-state landlord. The agent shall be authorized to accept service of process for the landlord. The clerk of such county may adopt forms and procedures to administer the provisions of this subsection.
5. Any landlord or agent of such landlord who violates the provisions of subsection 4 of this section is guilty of a class A misdemeanor and shall be subject to a fine of up to five hundred dollars for the first offense and up to one thousand dollars for the second or any subsequent offense.
6. The provisions of subsections 4 and 5 of this section shall expire on August 28, 2001.
Section 1. To finance a neighborhood improvement district, the governing body of any city or county shall comply with either the procedures in sections 67.459 to 67.467, RSMo, or the procedure in section 2 of this act.
Section 2. As an alternative method of financing to that established in sections 67.459 to 67.467, RSMo, the governing body of any city or county shall provide for the collection of an annual tax sufficient to pay the interest and principal of the bonds issued pursuant to section 67.455, RSMo, as they fall due, and to retire them within the time limit specified in the contract, not to exceed twenty years. Upon approval of the voters of the district, the governing body of any city or county may provide for the collection of an annual tax, not to exceed twenty cents per one hundred dollars of assessed value, which shall only be used to offset any maintenance costs of the improvement. The governing body may assess such maintenance tax before the bonds issued for the original improvement are paid in full, and may forward any remaining unobligated balance to succeeding years.
Section 3. The county commission of any county shall have the authority to replace any member on any board over which the commission has the authority to appoint members for failing without good cause to attend meetings of the board.