Section 349.010

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS

Chapter 349

Effective - 28 Aug 2010   

  349.010.  Definitions. — As used in sections 349.010 to 349.100, unless the context otherwise requires, the following words and terms shall have the meanings indicated:

  (1)  "Corporations" means any authority organized pursuant to the provisions of sections 349.010 to 349.100;

  (2)  "County and municipality".  "County" means any county in the state. "Municipality" means any city, incorporated town or village in the state;

  (3)  "Governing body" shall mean the board or body in which the general legislative powers of the county or municipality are vested;

  (4)  "Project" means the construction, extension, and improvement of public roads or the purchase, construction, extension and improvement of plants, buildings, structures, or facilities, whether or not now in existence, including the real estate, used or to be used as a factory, assembly plant, manufacturing plant, processing plant, fabricating plant, distribution center, warehouse building, public facility, waterborne vessels excepting commercial passenger vessels for hire in a city not within a county built prior to 1950, office building, for-profit or not-for-profit hospital, not-for-profit nursing or retirement facility or combination thereof, physical fitness, recreational, indoor and resident outdoor facilities operated by not-for-profit organizations, commercial or agricultural facility, or facilities for the prevention, reduction or control of pollution.  Included in all of the above shall be any required fixtures, equipment and machinery.  Excluded are facilities designed for the sale or distribution to the public of electricity, gas, water or telephone, together with any other facilities for cable television and those commonly classified as public utilities.  Projects of a municipal authority must be located wholly within the incorporated limits of the municipality except that such projects may be located outside the corporate limits of such municipality and within the county in which the municipality is located with permission of the governing body of the county.  Projects of a county authority must be located within an unincorporated area of such county except that such projects may be located within the incorporated limits of a municipality within such county, when approved by the governing body of the municipality.

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(L. 1977 S.B. 267 § 1, A.L. 1980 H.B. 1582 & 1277, A.L. 1982 S.B. 681, A.L. 1985 S.B. 282, A.L. 1996 H.B. 1237, A.L. 2010 H.B. 1595)

(1978) Act authorizing industrial development corporations does not violate provisions of constitution relating to lending of public credit, taxes for public purposes, and subject of legislation. State ex rel. Jardon v. Industrial Development Authority of Jasper County (Mo.), 570 S.W.2d 666.