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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter : Chapter 251 Community Affairs, Planning and Development
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There is hereby created and established a department of state government to be known as the "Department of Community Affairs". (L. 1967 p. 357 § 1)
*See sections 226.007, 620.010, 660.010 for transfer of duties.
For the purpose of sections 251.010 to 251.440, the following terms shall mean:
(1) "Community affairs" includes those matters that are appropriate subjects of interest to the governing body of a political subdivision or to nonprofit private agencies and organizations engaged in activities relating to special problems of a political subdivision or a significant segment of the population of a political subdivision;
(2) "Department", the department of community affairs, created herein;
(3) "Director", the director of the department of community affairs;
(4) "Governing body", the board, body, or persons in which the powers of a political subdivision are vested;
(5) "Local government", any political subdivision of the state;
(6) "Political subdivision", counties, townships, cities, towns, villages, whether or not incorporated, special districts excluding school districts, housing authorities, land clearance for redevelopment authorities, municipal, county, regional or other planning commissions and any other local public body created by the general assembly or exercising governmental functions. (L. 1967 p. 357 § 2)
*See note following § 251.010. Apparently the office of administration is responsible for administering §§ 251.150 to 251.440. Both the office of administration and the department of economic development have certain responsibilities in administering §§ 251.010 to 251.140.
The department shall assist the political subdivisions and communities of this state, administer programs provided by sections 251.010 to 251.440, encourage local initiative, provide coordination of and liaison with applicable federal and state programs and services, and shall:
(1) Gather and disseminate information and material that may be helpful in the improvement of political subdivisions and communities of this state, including information on available federal and state financial and technical assistance;
(2) Assist local governments by establishing and maintaining a program of training for local governmental officials and other personnel;
(3) Provide, when requested to do so by a political subdivision, technical and consultative services. Such services may be provided in cooperation with other state agencies or institutions;
(4) Study and recommend to the governor methods of more effectively coordinating the programs of state agencies that affect the development of communities and the operation of political subdivisions;
(5) Encourage and assist local governments to develop solutions of their common problems, through joint service agreements, interstate compacts, and other appropriate means, and to foster common services between the state government and its political subdivisions when such common services offer promise of better services and economy;
(6) Carry out continuing studies, research and analysis of problems faced by the political subdivisions of the state including studies of the existing legal provisions that affect their structure, operation and financing. In carrying out such studies and analysis, special emphasis shall be given to the problems of metropolitan, suburban and other areas in which economic and population factors are rapidly changing;
(7) Encourage educational institutions in the state to develop research activities and to provide educational programs for state and local governments in order to foster community development;
(8) Exercise the state's responsibility for administering, supervising, coordinating and generally performing the role of state government as set forth in those federal programs concerning community affairs which are assigned to the department by the general assembly or by the governor;
(9) Supply information, advice, and assistance, when requested, to governmental or civic groups which are studying problems of local government;
(10) Serve as a liaison between local government officials and the governor in formulating policy on state-local matters;
(11) Assist, confer and cooperate with associations and organizations of local government officials;
(12) Establish field offices or otherwise arrange for staff assistants who will be assigned to particular sections of the state within the limits of the appropriations to the department. Such office representatives will seek to expedite and coordinate projects of local interest which involve the state government. (L. 1967 p. 357 § 3)
*See notes following §§ 251.010, 251.020.
The governor may authorize the department of economic development to make payments annually to the various legally created regional planning commissions, including East-West Gateway Coordinating Council and Mid-America Regional Council, from state funds appropriated for that purpose. Payments shall be scheduled as nearly as possible to be made on the first day of July of each fiscal year. No such moneys shall be paid to any council or commission which promotes or advocates the construction of a major airport facility in Illinois. (L. 1973 S.B. 68 § 1)
Payments made under sections 251.032 to 251.038 to the various regional planning commissions shall be distributed on a matching basis of one-half state funds for one-half of local funds. No local unit shall receive any payment without providing the matching funds required. The state funds so allocated shall not exceed the sum of sixty-five thousand dollars for the East-West Gateway Coordinating Council and for the Mid-America Regional Council. The remaining allocated state funds shall not exceed the sum of twenty-five thousand dollars for each of the following regional planning commissions: South Central Ozark, Ozark Foothills, Green Hills, Show-Me, Bootheel, Missouri Valley, Ozark Gateway, Mark Twain, ABCD, Southeast Missouri, Boonslick, Northwest Missouri, Mid-Missouri, Kaysinger Basin, Lake of the Ozarks, Meramec, Northeast Missouri, and Lakes Country. (L. 1973 S.B. 68 § 2, A.L. 1986 S.B. 426)
Whenever the general assembly has appropriated funds to be used for making payments as authorized in sections 251.032 to 251.038, the state department of economic development shall notify the respective regional planning commissions of the amount allocated to each regional planning commission and that an application for the funds may be made upon forms provided therefor by the department of economic development. Upon receipt of application for the allocated funds from a regional planning commission, the department of economic development shall review the application and advise the governor before state funds are allocated. Upon approval of the governor, the department of economic development shall allocate the funds. Any portion of any state or local funds allocated under sections 251.032 to 251.038 may be used to qualify for matching federal funds. (L. 1973 S.B. 68 § 3)
The regional planning commissions shall include the state representatives and state senators of their region who shall serve without pay but who shall be reimbursed for their necessary and actual expenses incurred from the senate or house contingent fund and shall be invited to all meetings in writing by the regional planning commission where the meetings involve the discussion of the expenditure of state funds. (L. 1973 S.B. 68 § 4)
*See § 251.250 for other provisions relating to the composition of regional planning commissions.
The department may require reimbursement from a political subdivision requesting technical or consultative services, provided that such reimbursement shall not exceed the cost of the services rendered. (L. 1967 p. 357 § 4)
The chief executive officer of the department shall be a director who shall be appointed by the governor by and with the advice and consent of the senate and who shall serve at the pleasure of the governor. The director shall receive compensation not to exceed twenty-one thousand, five hundred dollars per year. (L. 1967 p. 357 § 5)
*The department of community affairs was abolished by the Reorganization Act of 1974.
The director shall:
(1) Prepare estimates of requirements for appropriations for the department and for each division thereof;
(2) Procure, by means authorized by law, supplies, material, equipment or contractual services for the department and for each division in the department;
(3) Employ, remove and prescribe duties of the assistants, clerks or other employees in the department and each of the divisions as the work of the department or its divisions require and fix their compensation within the limits of the appropriations;
(4) Order and supervise the exchange among the several divisions, bureaus or sections of employees, quarters, facilities and equipment;
(5) Coordinate and arrange the functions, procedures and facilities of the department and the several divisions, bureaus or sections as is necessary to bring about economy and efficiency in the operation of the department and each division of the department. (L. 1967 p. 357 § 6)
*The department of community affairs was abolished by the Reorganization Act of 1974. Apparently these duties are now being handled by the department of economic development, as well as the office of administration. See notes above.
The department shall be responsible for the implementation of the Older Americans Act in Missouri. This agency shall develop a state plan describing a program for carrying out the Older Americans Act and shall be the sole agency responsible for coordinating all state programs related to the implementation of such plan. (L. 1967 p. 357 § 7)
*The Reorganization Act of 1974 transferred the state's responsibility under the Older Americans Act to the department of social services. "Department" in this section means the department of social services.
The director may:
(1) Delegate any of his functions, powers and duties to employees of the department;
(2) Structure the department as may be required in order to carry out the purposes of sections 251.010 to 251.440 and any other duties as are assigned to the department;
(3) Appoint such advisory committees as may be required by various federal programs in order to carry out the purposes of sections 251.010 to 251.440. (L. 1967 p. 357 § 8)
*The "director" as used in this section means both the director of the department of economic development and the commissioner of administration as the responsibilities under this chapter were split between the two offices by the Reorganization Act of 1974.
In order to carry out the provisions of sections 251.010 to 251.440, the department, by and through the director, may convene conferences, hold hearings, conduct demonstration projects, accept grants and other financial assistance and may consult, cooperate with, assist, make and enter into contracts with other boards, commissions, agencies and institutions of this state, with local and federal governments, and private organizations, upon such terms as may be mutually agreed upon, and may exercise such additional powers and duties as may be necessary to carry out the functions of the department under the law. (L. 1967 p. 357 § 9)
*"Department" as used in this section apparently means both the department of economic development and the office of administration as the responsibilities under this chapter were split between the two offices by the Reorganization Act of 1974.
The division of planning and construction shall furnish office space for the department, the headquarters of which department shall be located in Jefferson City, Missouri. (L. 1967 p. 357 § 10)
The department shall prepare and submit a biennial report to the governor and to the legislature which shall include such recommendations as the department may deem desirable to improve the quality, organization, and functioning of local government in Missouri. (L. 1967 p. 357 § 11)
Nothing in sections 251.010 to 251.440 shall be deemed to detract from the functions, powers and duties legally assigned to any other agency of the state, nor to interrupt or preclude direct relationships by any such agency with local governments in carrying out its operations, nor to interfere with the power of local governments to deal directly with the federal government. (L. 1967 p. 357 § 12)
1. All the duties and functions heretofore provided by law to be performed by the office of state and regional planning and community development shall hereafter be performed by the department. The department shall succeed to all property, documents, records, assets and obligations of the office of state and regional planning and community development.
2. Insofar as practicable and desirable, all pending matters before the office of state and regional planning and community development, begun but not completed by that agency, shall be completed by the department.
3. All unencumbered balances of the office of state and regional planning and community development are transferred to the department as of October 13, 1967, and shall continue to be available for the purposes for which they were made. (L. 1967 p. 357 § 14)
Sections 251.150 to 251.440 shall be known and may be cited as the "State and Regional Planning and Community Development Act". (L. 1965 2d Ex. Sess. p. 908 § 2)
1. For the purpose of sections 251.010 to 251.440, the following terms mean:
(1) "Director", the director of the department of economic development;
(2) "Governing body", the board, body or persons in which the powers of a local unit are vested;
(3) "Local governmental units" or "local units" includes cities, villages, towns and counties;
(4) "Population", the population of a local unit as shown by the last federal census or by any subsequent population estimate certified as acceptable by the director;
(5) "State office", the department of economic development;
(6) "Transportation planning boundary", the portion of the boundary of a metropolitan planning organization which is located in Missouri, as established pursuant to 23 U.S.C., section 134, which defines the area in which a metropolitan planning organization has responsibility for transportation planning.
2. A regional planning commission may be created by the governor upon petition in the form of a resolution by the governing body of a local governmental unit and the holding of a public hearing on such petition. If the petition shall be joined in by the governing bodies of all the local units in the proposed region, including the county commission of any county, part or all of which is in the proposed region, the governor may dispense with the hearing. Notice of any public hearing shall be given by the governor by mail at least ten days in advance to the clerk of each local unit in the proposed region. If the governor finds that there is a need for a regional planning commission, and if the governing bodies of local units within the proposed region which include over fifty percent of the population as determined by the last decennial census of the United States shall consent to the formation of such regional planning commission, the governor may create the regional planning commission by order and designate the area and boundaries of the commission's jurisdiction, taking into account the elements of homogeneity based upon, but not limited to, such consideration as topographic and geographic conformations, extent of urban development, the existence of special or acute agricultural, forestry, conservation or other rural problems, uniformity of social or economic interests and values, park and recreational needs, civil defense, or the existence of physical, social and economic problems of a regional character.
3. Notwithstanding the provisions of section 64.530, RSMo, the creation of a regional planning commission and a local unit's participation in and adoption of plans prepared by the regional planning commission shall not require a referendum; except that, this provision shall not extend to the adoption of county zoning laws or regulations under sections 64.620 to 64.690, RSMo.
4. No provision of sections 251.010 to 251.440 shall be construed to impair or affect in any way the legal existence, powers, or functions of any planning commission or other organization, public or private, in such areas which heretofore has been constituted or designated by resolutions approved by the governing bodies of the local units containing the majority of the population of such area for the purpose of conducting comprehensive planning, including transportation planning under or in conformity with the requirements of any statute of the United States or any regulation issued thereunder; and any such previously constituted planning commission or organization shall be governed in all respects by the resolutions of the governing bodies of the local units which constitute such planning commissions or organizations, by the provisions of this section, or by other applicable law.
5. A regional planning commission within a metropolitan statistical area of more than five hundred thousand in population, which area does not contain a city not within a county, and which commission is acting as a metropolitan planning organization pursuant to state and federal law, may only change its transportation planning boundary with the concurrence of the governor. (L. 1965 2d Ex. Sess. p. 908 § 7, A.L. 1967 p. 361 § 6, A.L. 1986 S.B. 426, A.L. 1993 H.B. 555)
1. The office of administration is hereby designated as the official state planning agency for the purpose of providing planning assistance to counties, municipalities, metropolitan planning areas, and regional planning commissions herein created when requested by such local governmental unit or planning commission to do so, and for such purposes is authorized to:
(1) Contract with public agencies or private persons or organizations for any purposes of sections 251.010 to 251.440;
(2) Delegate any of its functions to any other state agency authorized to perform such functions, except that responsibility for such functions shall remain solely with the state office;
(3) Require or receive reimbursement from any political subdivision or subdivisions or regional planning commissions for the actual cost of planning assistance or planning work, when such assistance or planning has been requested by the political subdivision or commission; except that, no reimbursement shall be required or received for such costs to the extent that such costs are covered by federal grants.
2. From all regional planning commissions to which it provides planning assistance pursuant to this section, the office of administration shall gather information to identify expenditures of such commissions which are or would be eligible to be used to generate matching funds under block grant programs, including but not limited to community development block grant programs. The office of administration shall report any such expenditures which are so eligible to the department of economic development within thirty days of determining that such expenditures are so eligible. The department of economic development shall provide the office of administration with information deemed necessary by the commissioner of administration to implement the provisions of this subsection. For any fiscal year in which a regional planning commission which receives planning assistance from the office of administration does not provide the office of administration with information necessary to implement the provisions of this subsection, the office of administration shall not distribute general revenue funds to that regional planning commission in the following fiscal year. Any regional planning authority shall have thirty days to cure any alleged defect prior to the withholding of any funds. (L. 1965 2d Ex. Sess. p. 908 § 4, A.L. 1967 p. 361 § 4, A.L. 1986 S.B. 426)
Comprehensive planning, state and regional, shall include, but not be limited to, the planning for the following:
(1) Public water systems;
(2) Storm water drainage and flood control systems;
(3) Sanitary sewerage systems;
(4) Integrated transportation systems;
(5) Orderly land-use arrangements for residential, commercial, industrial and public and other purposes;
(6) Local, area-wide and state governmental services coordinated with federal governmental services insofar as may be feasible;
(7) Solid waste disposal systems or facilities;
(8) Educational facilities;
(9) Open space, park and recreational areas;
(10) Improved standards of community aesthetics and facilities design;
(11) General living conditions and environmental health;
(12) Community health and hospital needs and related facilities; and
(13) The coordination of planning activities for all federal assistance and grant-in-aid programs, which require comprehensive planning as prerequisites for eligibility. (L. 1965 2d Ex. Sess. p. 908 § 3)
The state office shall have the following functions and powers:
(1) To provide general planning assistance to and for any county, municipality, or regional planning commission when requested by such local governmental unit or planning commission to do so;
(2) To contract for, receive and utilize grants or other financial assistance made available by the state or federal government or from any other source, public or private, for performing the functions of the state office. Nothing in this section shall prevent or impair the powers of the regional commissions or other state agencies or local governmental units to contract for, receive or utilize grants directly from the federal or local governments or from any other source, public or private;
(3) To provide assistance and coordination upon request in matters relating to planning to state agencies and to local and regional planning units. All present governmental units who engage in planning activities, including but not limited to state agencies, other than the planning activities of the division of commerce and industrial development, which are transferred to the state office created herein, planning agencies or commissions of local governmental units who are supported by local, state or federal funds, shall in no way be affected, prevented or impaired in such planning activities;
(4) To develop a comprehensive state plan;
(5) To perform such other functions and activities consistent with the general purposes of sections 251.150 to 251.440. (L. 1965 2d Ex. Sess. p. 908 § 5)
The governor may for the proper fulfillment of the purposes of sections 251.150 to 251.440 make other assignments to the state office relating to planning or community development according to his powers and duties as provided for in article IV section 12 of the Constitution of the state of Missouri and various legislative acts of Congress. (L. 1965 2d Ex. Sess. p. 908 § 30)
The state office shall file with the governor and members of the general assembly an annual report which shall include suggestions and recommendations for the improvement and better coordination of said planning activities. (L. 1965 2d Ex. Sess. p. 908 § 31)
All matching nonfederal funds required except those "in kind" services performed by state agencies or institutions for regional planning commissions or other planning commissions for any planning assistance undertaken by the said planning commission pursuant to sections 251.150 to 251.440 shall be provided by the local units within the region requesting such planning assistance, unless such matching nonfederal funds are appropriated by action of the general assembly. (L. 1965 2d Ex. Sess. p. 908 § 32)
1. All the duties and functions heretofore provided by law to be performed by the division of commerce and industrial development, relating to state, regional or local comprehensive planning shall hereafter be performed by the state office created herein.
2. The state office shall succeed to all property, documents, records, assets and obligations of the division of commerce and industrial development necessary to the above-mentioned duties and functions.
3. Insofar as practical and desirable, all pending matters before the division of commerce and industrial development, which come under the authority of sections 251.150 to 251.440, begun but not completed by that agency, shall be completed by the state office.
4. All unencumbered balances of the division of commerce and industrial development planning section, allocated for purposes which are the duties and functions of the office of state and regional planning and community development under the provisions of sections 251.150 to 251.440, are transferred to the state office as of August 4, 1966, and shall continue to be available for the purposes for which they were made.
5. Nothing in this transfer of functions and duties made herein shall affect the administration of the community betterment program of said division which shall retain all planning powers necessary to the administration of said program. (L. 1965 2d Ex. Sess. p. 908 § 33)
The division of design and construction shall furnish office space for the state office; the headquarters office shall be located in Jefferson City, Missouri. (L. 1965 2d Ex. Sess. p. 908 § 34)
1. The membership composition of a regional planning commission shall be in accordance with resolutions approved by the governing bodies of the local units in the region, representing in the aggregate at least half of the population of the region. For the purposes of this determination, a county shall be as one local unit and the population of such county shall be based upon the inhabitants residing in the unincorporated area of such county as determined by the last decennial census of the United States.
2. Terms of office for regional planning commission members shall be as prescribed in the resolutions of approval; all regional planning commission members shall be electors of the state and reside within the region. (L. 1965 2d Ex. Sess. p. 908 §§ 8, 9)
*See § 251.038 for other provisions relating to the composition of regional planning commissions.
Notwithstanding the provisions of section 70.600, RSMo, to the contrary, a regional planning commission shall be considered a political subdivision for the purposes of sections 70.600 to 70.755, RSMo, and employees of a regional planning commission shall be eligible for membership in the Missouri local government employees' retirement system upon the regional planning commission becoming an "employer" as defined in subdivision (11) of section 70.600, RSMo. (L. 2004 H.B. 1440 merged with S.B. 1130)
No compensation shall be paid members of regional planning commission provided that this shall not affect in any way remuneration received by any state or local official who, in addition to his responsibilities and duties as a state or local official, serves also as a member of the regional planning commission. All members may be reimbursed for actual expenses incurred as members of the commission in carrying out the work of the commission. (L. 1965 2d Ex. Sess. p. 908 § 10)
Each regional planning commission shall elect its own chairman and executive committee and shall establish its own rules of procedure, and may create and fill such other offices as it may determine necessary. The commission may authorize the executive committee to act for it on all matters pursuant to rules adopted by it. The commission shall meet at least once each year. It shall keep a record of its resolutions, transactions, findings, and determinations, which shall be a public record. (L. 1965 2d Ex. Sess. p. 908 § 11)
The regional planning commission may appoint to serve at its* pleasure and may compensate an executive secretary and such employees as it deems necessary for its work and may hire such experts and consultants for part-time or full-time service as may be necessary for the performance of its responsibilities. (L. 1965 2d Ex. Sess. p. 908 § 12)
*Word "their" appears in original rolls.
The regional planning commission may appoint advisory committees or councils whose membership may consist of individuals whose experience, training or interest in the program may qualify them to lend valuable assistance to the regional planning commission by acting in an advisory capacity in consulting with the regional planning commission on all phases of the commission's program. Members of such advisory bodies shall receive no compensation for their services, but may be reimbursed for actual expenses incurred in the performance of their duties. (L. 1965 2d Ex. Sess. p. 908 § 13)
The regional planning commission may conduct all types of research studies, collect and analyze data, prepare maps, charts and tables, and conduct all necessary studies for the accomplishment of its other duties; it may make plans for the physical, social and economic development of the region, and may adopt by resolution any plan or the portion of any plan so prepared as its official recommendation for the development of the region; it may publicize and advertise its purposes, objectives and findings and may distribute reports thereon; it may provide advisory services on regional planning problems to the local government units within the region and to the other public and private agencies in matters relative to its functions and objectives, and may act as a coordinating agency for programs and activities of such local units and agencies as they relate to its objectives. All public officials shall, upon request, furnish to the regional planning commission, within a reasonable time, such available information as it requires for its work. In general, the regional planning commission shall have all powers necessary to enable it to perform its functions and promote regional planning. The functions of the regional planning commission shall be solely advisory to the local governments and local government officials comprising the region. (L. 1965 2d Ex. Sess. p. 908 § 14)
The regional planning commission shall make an annual report of its activities to the legislative bodies of the local governmental units within the region, to members of the general assembly elected from districts lying wholly or partially within the region, and to the state office. (L. 1965 2d Ex. Sess. p. 908 § 15)
The regional planning commission shall have the function and duty of making and adopting a comprehensive plan for the development of the region. The comprehensive plan, with the accompanying maps, plats, charts, programs and descriptive and explanatory matter, shall show the commission's recommendations for such development and may include, among other things, without limitation because of enumeration, the general location, character and extent of main traffic arteries, bridges and viaducts; public places and areas; parks, parkways; recreational areas; sites for public buildings and structures; airports; waterways; routes for public transit; and the general location and extent of main and interceptor sewers, water conduits and other public utilities whether privately or publicly owned; areas for industrial, commercial, residential, agricultural or recreational development. The comprehensive plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the region which will, in accordance with existing and future needs, best promote public health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development. (L. 1965 2d Ex. Sess. p. 908 § 16)
1. Before the adoption, amendment or extension of the comprehensive plan or portion thereof, the regional planning commission shall file such plan or part with the state office and hold at least one public hearing thereon, fifteen days' notice of the time and place of which shall be published in at least one newspaper having general circulation within each county covered by the plan or portion thereof, and fifteen days' notice of such hearing shall be given to the state office and each local governmental unit within the region and shall be posted at least fifteen days in advance thereof in at least one conspicuous place in each township covered by the plan or portion thereof. The hearing may be adjourned from time to time.
2. The regional planning commission may amend, extend or add to the comprehensive plan or carry any part or subject matter into greater detail in the same manner as the making and adoption of the original plan. (L. 1965 2d Ex. Sess. p. 908 §§ 17, 18)
The regional planning commission may adopt the comprehensive plan as a whole by a single resolution, or, as the work of making the whole comprehensive plan progresses, may by resolution adopt a part or parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan. The resolution shall refer expressly to the maps, plats, charts, programs and descriptive and explanatory matter, and other matters intended by the regional planning commission to form the whole or any part of the plan, and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the chairman of the regional planning commission. (L. 1965 2d Ex. Sess. p. 908 § 19)
A copy of the plan or part thereof shall be certified to the governing bodies of the local governmental units within the region and to the director. The purpose and effect of adoption of the comprehensive plan shall be solely to aid the regional planning commission and the local governments and local government officials comprising the region in the performance of their functions and duties. (L. 1965 2d Ex. Sess. p. 908 § 20)
1. The officer or public body of a local governmental unit within the region having final authority thereon shall refer to the regional planning commission, for its consideration and report, the following matters: The location of or acquisition of land for any of the items or facilities which are included in the adopted regional comprehensive plan.
2. Within twenty days after the matter is referred to the regional planning commission or such longer period as may be stipulated by the referring officer or public body, the commission shall report its recommendations to the referring officer or public body. The report and recommendations of the commission shall be advisory only.
3. Local units and state agencies may authorize the regional planning commission with the consent of the commission to act for such unit or agency in approving, examining or reviewing plats, pursuant to sections 64.070, 64.245, 64.590, 64.820, 64.830 and 88.163, RSMo, as the case may be. (L. 1965 2d Ex. Sess. p. 908 § 21)
Any local governmental unit within the region may adopt all or any portion of the plans and other programs prepared and adopted by the regional planning commission. Before the adoption, amendment or extension of the plan or portion thereof, the governing body of any political subdivision shall hold at least one public hearing thereon, fifteen days' notice of the time and place of which shall be published in at least one newspaper having general circulation within the political subdivision, and/or notice of such hearing shall be given the state office and shall be posted at least fifteen days in advance thereof in at least three conspicuous public places within the political subdivision. (L. 1965 2d Ex. Sess. p. 908 § 22)
In matters relating to comprehensive planning, a regional planning commission created under sections 251.150 to 251.440, and any planning commission or other organization, public or private, heretofore constituted or designated may enter into a contract and cooperate with any federal, state or local unit including other planning commissions, or organizations, within this or other states under the laws of Missouri. (L. 1965 2d Ex. Sess. p. 908 § 23, A.L. 1971 S.B. 158)
Aid, in any form, for the purpose of accomplishing the objectives of the regional planning commission may be accepted from all governmental agencies whether local, state or federal, if the conditions under which such aid is furnished are not incompatible with the other provisions of this section. The regional planning commission may accept gifts and grants from public or private individuals or agencies if the conditions under which such grants are made are in accordance with the accomplishment of the objectives of the regional planning commission. (L. 1965 2d Ex. Sess. p. 908 § 24)
For the purpose of providing funds to meet the expenses of a regional planning commission, the commission shall annually prepare and approve a budget reflecting the costs of its operations and services to the local governmental units within the region. The amount charged to each local unit shall be in the proportion that its assessed valuation bears to the total, or such other method as may be agreed upon by the governmental units within the region. The budget as prepared by the regional planning commission shall show the proportionate share of each local governmental unit participating in such commission and shall be submitted to each participating local governmental unit at least sixty days prior to the end of the regional planning commission's fiscal year. The budget as submitted shall be approved by local governmental units which represent more than fifty percent of the assessed valuation of the participating local units. (L. 1965 2d Ex. Sess. p. 908 § 25)
By agreement between the regional planning commission and a local governmental unit, special compensation to the commission for unique and special services provided to such local governmental unit may be arranged. (L. 1965 2d Ex. Sess. p. 908 § 26)
The regional planning commission may accept from any local governmental units, supplies, the use of equipment, facilities and office space and the services of personnel as part or all of the financial support assessed against such local governmental unit. (L. 1965 2d Ex. Sess. p. 908 § 27)
Within ninety days of the issuance by the governor of an order creating a regional planning commission, any local unit of government within the boundaries of such region may withdraw from the jurisdiction of such commission by a two-thirds vote of the members of the governing body after a public hearing of which notice shall have been given not more than three nor less than two weeks prior thereto by registered mail to the commission and to the public by publication in a newspaper of general circulation within the boundaries of such local unit of government. A local unit may withdraw from a regional planning commission at the end of any fiscal year by a two-thirds vote of the members of the governing body. (L. 1965 2d Ex. Sess. p. 908 § 29)
Upon receipt of certified copies of resolutions recommending the dissolution of a regional planning commission adopted by the governing bodies of a majority of the local units in the region, including the county commission of any county, part or all of which is within the region, and upon a finding that all outstanding indebtedness of the regional planning commission has been paid, including moneys owed to any retirement plan or system in which the commission participates and has pledged to pay for the unfunded accrued liability of its past and current employees, and all unexpended funds returned to the local units which supplied them, or that adequate provision has been made therefor, the governor shall issue a certificate of dissolution of the commission which shall thereupon cease to exist. (L. 1965 2d Ex. Sess. p. 908 § 28, A.L. 2004 H.B. 1440 merged with S.B. 1130)
Sections 251.470 to 251.485 shall be known and may be cited as the "Missouri Main Street Program Act". (L. 1988 H.B. 1223 & 1246 § 1)
As used in sections 251.470 to 251.485, the following terms mean:
(1) "City", any city or town in this state with a population of fifty thousand or under;
(2) "Program", the Missouri main street program, established under the provisions of sections 251.470 to 251.485. (L. 1988 H.B. 1223 & 1246 § 2)
There is hereby established within the department of economic development the "Missouri Main Street Program". The program shall provide technical assistance and training for cities' governments, business organizations, and merchants and property owners to accomplish community and economic revitalization and development of older central business districts and neighborhoods. The program shall attempt to ensure that the business districts of Missouri's small cities remain essential elements to their sense of community and to the state's economy. The program shall also operate to increase the ability of small business and property owners in cities to renovate and enhance their commercial and residential properties. (L. 1988 H.B. 1223 & 1246 § 3)
The program shall employ techniques developed by the national trust for historic preservation's main street center which are designed to stimulate business reinvestment, restore building facades, retain existing small business, strengthen the local tax base, create employment opportunities, promote new business in downtown areas, and help to create a renewed sense of community pride. (L. 1988 H.B. 1223 & 1246 § 4)
1. The program shall operate according to a plan developed by the department of economic development and the department of natural resources with the assistance of organizations representing merchants and governments of cities, historic preservation interests, financial institutions and economic development groups. The plan required by this section shall describe the objectives of the program, how the program will be coordinated with existing federal, state, local and private sector small business development and historic preservation efforts, and methods of selecting and providing assistance to participating cities.
2. The department shall select ten pilot cities in which to initiate the program. (L. 1988 H.B. 1223 & 1246 § 5)
The duties of the department of economic development in implementing the program shall include, but not be limited to the following:
(1) Contract with the National Trust for Historic Preservation to assist in accomplishing the program's objectives, to provide technical assistance to the department, and to assist in developing criteria for the selection of participating cities;
(2) Develop criteria for selecting participating cities which shall include evidence of interest and commitment to downtown economic development and historic preservation by both the private and public sectors, evidence of potential private investment in the downtown area, and evidence of organizational and financial commitment to implement a long-term economic revitalization program which includes a commitment to employ a professional project manager with an operating budget. (L. 1988 H.B. 1223 & 1246 § 6)
There is hereby established in the state treasury a special fund to be known as the "Missouri Main Street Program Fund", which shall consist of all moneys which may be appropriated to it by the general assembly, and also any gifts, contributions, grants or bequests received from federal, private or other sources. Money in the Missouri main street program fund shall be used to carry out the provisions of sections 251.470 to 251.485 and for no other purpose. Moneys for main street programs established under the provisions of sections 251.470 to 251.485 shall be obtained from appropriations made by the general assembly from the Missouri main street program fund. Any moneys remaining in the Missouri main street program fund at the end of any fiscal year shall not lapse to the general revenue fund, as provided in section 33.080, RSMo, but shall remain in the Missouri main street program fund. (L. 1988 H.B. 1223 & 1246 § 7)
As used in sections 251.500 to 251.510, the following terms mean:
(1) "Board", an economic development district board, as created under the provisions of section 251.505;
(2) "Economic development district", a district formed by two or more adjoining counties in this state or by one or more counties and an adjoining city not within a county;
(3) "Governing body", a legislative body governing a county or a city not within a county. (L. 1988 H.B. 1201 § 1)
1. An economic development district may be established by the governing bodies of adjoining counties or the governing bodies of a county or counties and a city not within a county in order to plan, formulate, develop, promote, fund, conduct or cause to be conducted, programs to encourage the economic development of the district. The governing bodies may establish such districts by enactment of identical ordinances or by mutual agreement of the governing bodies.
2. The qualifications, terms and number of members of the economic development board for the district shall be determined by the enacting ordinances or the mutual agreement of the governing bodies, except as provided in this subsection. Each county and each city not within a county shall have equal representation on the board. The chief executive officer of a county or mayor of a city not within a county shall appoint residents of such county or city to be on the board, and such officers shall jointly appoint one additional member to the board. The board shall select a chairman and any other officers it deems necessary to conduct its business, and shall meet at least four times a year at a time and place designated by the chairman in order to make policy and administer the activities of the district. (L. 1988 H.B. 1201 § 2)
The ordinances or mutual agreement which established the district shall specify the powers of the board which may include, but shall not be limited to, the following:
(1) Adoption of bylaws, rules and regulations for the conduct of its business;
(2) Maintenance of a principal office;
(3) The ability to sue and be sued;
(4) The making and executing of leases, contracts and other instruments necessary to exercise its powers;
(5) Contracting with the cities and counties for services, and with firms, corporations, persons, and governmental agencies in the necessary performance of its duties;
(6) The employment of personnel;
(7) Application for and acceptance of local and federal grants and appropriations;
(8) Performance of site improvements within the district. (L. 1988 H.B. 1201 § 3)
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