No new TIF projects authorized for flood plain areas, applicability of restriction. (Clay, Cole, Jackson, Platte, and St. Charles counties; cities of Hannibal, Jefferson City, Springfield, and St. Joseph)

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Effective - 28 Aug 2021, 2 histories

99.847. No new TIF projects authorized for flood plain areas, applicability of restriction. (Clay, Cole, Jackson, Platte, and St. Charles counties; cities of Hannibal, Jefferson City, Springfield, and St. Joseph) — 1. Notwithstanding the provisions of sections 99.800 to 99.865 to the contrary, for all years ending on or before December 31, 2021, no new tax increment financing project shall be authorized in any area which is within an area designated as flood plain by the Federal Emergency Management Agency and which is located in or partly within a county with a charter form of government with greater than two hundred fifty thousand inhabitants but fewer than three hundred thousand inhabitants, unless the redevelopment area actually abuts a river or a major waterway and is substantially surrounded by contiguous properties with residential, industrial, or commercial zoning classifications. Notwithstanding the provisions of sections 99.800 to 99.865 to the contrary, for all years beginning on or after January 1, 2022, no new tax increment financing project shall be authorized in any area which is within an area designated as flood plain by the Federal Emergency Management Agency unless such project is located in:

(1) A county with a charter form of government and with more than six hundred thousand but fewer than seven hundred thousand inhabitants;

(2) A county of the first classification with more than two hundred thousand but fewer than two hundred sixty thousand inhabitants;

(3) A county of the first classification with more than eighty-three thousand but fewer than ninety-two thousand inhabitants and with a city of the fourth classification with more than four thousand five hundred but fewer than five thousand inhabitants as the county seat;

(4) A county of the first classification with more than seventy thousand but fewer than eighty-three thousand inhabitants and with a home rule city with more than forty-one thousand but fewer than forty-seven thousand inhabitants as the county seat;

(5) A home rule city with more than seventy-one thousand but fewer than seventy-nine thousand inhabitants;

(6) A home rule city with more than one hundred fifty-five thousand but fewer than two hundred thousand inhabitants;

(7) A home rule city with more than seventeen thousand but fewer than nineteen thousand inhabitants and partially located in any county of the third classification without a township form of government and with more than twenty-six thousand but fewer than twenty-nine thousand inhabitants;

(8) A home rule city with more than forty-one thousand but fewer than forty-seven thousand inhabitants and partially located in any county of the first classification with more than seventy thousand but fewer than eighty-three thousand inhabitants;

(9) A port district created under the provisions of chapter 68, provided that such financing is exclusively utilized to fund a port infrastructure project that is approved by the port authority; or

(10) A levee district created pursuant to chapter 245 or a drainage district created pursuant to chapter 242 or * 243 prior to August 28, 2021.

2. This section shall not apply to tax increment financing projects or districts approved prior to July 1, 2003, and shall allow such tax increment financing projects to modify, amend, or expand such projects, including redevelopment project costs, by not more than forty percent of such project original projected cost, including redevelopment project costs, as such projects, including redevelopment project costs , existed as of June 30, 2003, and shall allow such tax increment financing district to modify, amend, or expand such districts by not more than five percent as such districts existed as of June 30, 2003.

3. The provisions of subsections 1 and 2 of this section notwithstanding, no new tax increment financing project shall be authorized in any area which is within an area designated as flood plain by the Federal Emergency Management Agency and which is located in or partly within a county with a charter form of government and with more than three hundred thousand but fewer than four hundred fifty thousand inhabitants, unless the redevelopment area actually abuts a river or a major waterway and is substantially surrounded by contiguous properties with residential, industrial, or commercial zoning classifications.

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(L. 1996 H.B. 1237 § 24, A.L. 2002 S.B. 1107, A.L. 2005 S.B. 516, A.L. 2007 S.B. 22, A.L. 2021 S.B. 153 & 97)

*Word "chapter" appears here in original rolls.


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