Section 67.1421

There are multiple enactments of 67.1421

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 67

Effective - 28 Aug 2022, 3 histories (all or part is unconstitutional)  

  *67.1421.  Public hearing to establish — petition, requirements — clerk's duties — amended petition — clerk to report — submission to state auditor and department of revenue. — 1.  Upon receipt of a proper petition filed with its municipal clerk, the governing body of the municipality in which the proposed district is located shall hold a public hearing in accordance with section 67.1431 and may adopt an ordinance to establish the proposed district.

  2.  A petition is proper if, based on the tax records of the county clerk, or the collector of revenue if the district is located in a city not within a county, as of the time of filing the petition with the municipal clerk, it meets the following requirements:

  (1)  It has been signed by property owners collectively owning more than fifty percent by assessed value of the real property within the boundaries of the proposed district;

  (2)  It has been signed by more than fifty percent per capita of all owners of real property within the boundaries of the proposed district; and

  (3)  It contains the following information:

  (a)  The legal description of the proposed district, including a map illustrating the district boundaries;

  (b)  The name of the proposed district;

  (c)  A notice that the signatures of the signers may not be withdrawn later than seven days after the petition is filed with the municipal clerk;

  (d)  A five-year plan stating a description of the purposes of the proposed district, the services it will provide, each improvement it will make from the list of allowable improvements under section 67.1461, an estimate of the costs of these services and improvements to be incurred, the anticipated sources of funds to pay the costs, and the anticipated term of the sources of funds to pay the costs;

  (e)  A statement as to whether the district will be a political subdivision or a not-for-profit corporation and if it is to be a not-for-profit corporation, the name of the not-for-profit corporation;

  (f)  If the district is to be a political subdivision, a statement as to whether the district will be governed by a board elected by the district or whether the board will be appointed by the municipality, and, if the board is to be elected by the district, the names and terms of the initial board may be stated;

  (g)  If the district is to be a political subdivision, the number of directors to serve on the board;

  (h)  The total assessed value of all real property within the proposed district;

  (i)  A statement as to whether the petitioners are seeking a determination that the proposed district, or any legally described portion thereof, is a blighted area;

  (j)  The proposed length of time for the existence of the district, which in the case of districts established after August 28, 2021, shall not exceed twenty-seven years from the adoption of the ordinance establishing the district unless the municipality extends the length of time under section 67.1481;

  (k)  The maximum rates of real property taxes, and, business license taxes in the county seat of a county of the first classification without a charter form of government containing a population of at least two hundred thousand, that may be submitted to the qualified voters for approval;

  (l)  The maximum rates of special assessments and respective methods of assessment that may be proposed by petition;

  (m)  The limitations, if any, on the borrowing capacity of the district;

  (n)  The limitations, if any, on the revenue generation of the district;

  (o)  Other limitations, if any, on the powers of the district;

  (p)  A request that the district be established; and

  (q)  Any other items the petitioners deem appropriate;

  (4)  The signature block for each real property owner signing the petition shall be in substantially the following form and contain the following information:

Name of owner: ______
Owner's telephone number and mailing address: ______
If signer is different from owner:
Name of signer: ______
State basis of legal authority to sign: ______
Signer's telephone number and mailing address: ______
If the owner is an individual, state if owner is single or married: _____
If owner is not an individual, state what type of entity: ______
Map and parcel number and assessed value of each tract of real property within the proposed district owned: ______
By executing this petition, the undersigned represents and warrants that he or she is authorized to execute this petition on behalf of the property owner named immediately above
__________________			__________________
Signature of person			Date
signing for owner
STATE OF MISSOURI		)
		)   ss.
COUNTY OF ______		)
Before me personally appeared ______, to me personally known to be the individual described in and who executed the foregoing instrument.
WITNESS my hand and official seal this ______ day of ______ (month), ______ (year).
		_____________________________
		Notary Public
My Commission Expires: ______ ; and

  (5)  Alternatively, the governing body of any home rule city with more than four hundred thousand inhabitants and located in more than one county may file a petition to initiate the process to establish a district in the portion of the city located in any county of the first classification with more than two hundred thousand but fewer than two hundred sixty thousand inhabitants containing the information required in subdivision (3) of this subsection; provided that the only funding methods for the services and improvements will be a real property tax.

  3.  Upon receipt of a petition the municipal clerk shall, within a reasonable time not to exceed ninety days after receipt of the petition, review and determine whether the petition substantially complies with the requirements of subsection 2 of this section. In the event the municipal clerk receives a petition which does not meet the requirements of subsection 2 of this section, the municipal clerk shall, within a reasonable time, return the petition to the submitting party by hand delivery, first class mail, postage prepaid or other efficient means of return and shall specify which requirements have not been met.

  4.  After the close of the public hearing required pursuant to subsection 1 of this section, the governing body of the municipality may adopt an ordinance approving the petition and establishing a district as set forth in the petition and may determine, if requested in the petition, whether the district, or any legally described portion thereof, constitutes a blighted area.  If the petition was filed by the governing body of a municipality pursuant to subdivision (5) of subsection 2 of this section, after the close of the public hearing required pursuant to subsection 1 of this section, the petition may be approved by the governing body and an election shall be called pursuant to section 67.1422.

  5.  Amendments to a petition may be made which do not change the proposed boundaries of the proposed district if an amended petition meeting the requirements of subsection 2 of this section is filed with the municipal clerk at the following times and the following requirements have been met:

  (1)  At any time prior to the close of the public hearing required pursuant to subsection 1 of this section; provided that, notice of the contents of the amended petition is given at the public hearing;

  (2)  At any time after the public hearing and prior to the adoption of an ordinance establishing the proposed district; provided that, notice of the amendments to the petition is given by publishing the notice in a newspaper of general circulation within the municipality and by sending the notice via registered certified United States mail with a return receipt attached to the address of record of each owner of record of real property within the boundaries of the proposed district per the tax records of the county clerk, or the collector of revenue if the district is located in a city not within a county.  Such notice shall be published and mailed not less than ten days prior to the adoption of the ordinance establishing the district.  Such notice shall also be sent to the Missouri department of revenue, which shall publish such notice on its website;

  (3)  At any time after the adoption of any ordinance establishing the district a public hearing on the amended petition is held and notice of the public hearing is given in the manner provided in section 67.1431 and the governing body of the municipality in which the district is located adopts an ordinance approving the amended petition after the public hearing is held.

  6.  Upon the creation of a district, the municipal clerk shall report in writing the creation of such district to the Missouri department of economic development and the state auditor.

  7.  (1)  The governing body of the municipality or county establishing a district or the governing body of such district shall, as soon as is practicable, submit the following information to the state auditor and the department of revenue:

  (a)  A description of the boundaries of such district as well as the rate of property tax or sales tax levied in such district;

  (b)  Any amendments made to the boundaries of a district or the tax rates levied in such district; and

  (c)  The date on which the district is to expire unless sooner terminated.

  (2)  The governing body of a community improvement district established on or after August 28, 2022, shall not order any assessment to be made on any real property located within a district and shall not levy any property or sales tax until the information required by paragraph (a) of subdivision (1) of this subsection has been submitted.

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(L. 1998 H.B. 1636 § 3, A.L. 1999 S.B. 20, A.L. 2012 S.B. 480, A.L. 2021 S.B. 153 & 97, A.L. 2022 H.B. 1606)

*Revisor's Note:  This section was declared unconstitutional in Byrd, et al. v. State of Missouri, et al. (see 2023 annotation below).

(2023) The inclusion of Section 67.2300 in H.B. 1606 from 2022 declared unconstitutional as violating the single subject rule of Article III, § 23 of the Missouri Constitution.  The remaining provisions of H.B. 1606 could not be severed and the bill is declared invalid in its entirety.  Byrd, et al. v. State of Missouri, et al., 679 S.W.3d 492 (Mo.banc).