Planning commission to approve improvements--commission disapproval,overruled, how.
89.380. Whenever the commission adopts the plan of themunicipality or any part thereof, no street or other publicfacilities, or no public utility, whether publicly or privatelyowned, and, the location, extent and character thereof havingbeen included in the recommendations and proposals of the plan orportions thereof, shall be constructed or authorized in themunicipality until the location, extent and character thereof hasbeen submitted to and approved by the planning commission. Incase of disapproval the commission shall communicate its reasonsto the council, and the council, by vote of not less thantwo-thirds of its entire membership, may overrule the disapprovaland, upon the overruling, the council or the appropriate board orofficer may proceed, except that if the public facility orutility is one the authorization or financing of which does notfall within the province of the council, then the submission tothe planning commission shall be by the board havingjurisdiction, and the planning commission's disapproval may beoverruled by that board by a vote of not less than two-thirds ofits entire membership. The acceptance, widening, removal,extension, relocation, narrowing, vacation, abandonment, changeof use, acquisition of land for, sale or lease of any street orother public facility is subject to similar submission andapproval, and the failure to approve may be similarly overruled.The failure of the commission to act within sixty days after thedate of official submission to it shall be deemed approval.
(L. 1963 p. 146 § 9)
(2005) Section covers all boards acquiring property and buildings in certain cities, including school boards. Board of Education v. City of Springfield, 174 S.W.3d 653 (Mo.App.S.D.).
Planning commission to approve improvements--commission disapproval,overruled, how.
89.380. Whenever the commission adopts the plan of themunicipality or any part thereof, no street or other publicfacilities, or no public utility, whether publicly or privatelyowned, and, the location, extent and character thereof havingbeen included in the recommendations and proposals of the plan orportions thereof, shall be constructed or authorized in themunicipality until the location, extent and character thereof hasbeen submitted to and approved by the planning commission. Incase of disapproval the commission shall communicate its reasonsto the council, and the council, by vote of not less thantwo-thirds of its entire membership, may overrule the disapprovaland, upon the overruling, the council or the appropriate board orofficer may proceed, except that if the public facility orutility is one the authorization or financing of which does notfall within the province of the council, then the submission tothe planning commission shall be by the board havingjurisdiction, and the planning commission's disapproval may beoverruled by that board by a vote of not less than two-thirds ofits entire membership. The acceptance, widening, removal,extension, relocation, narrowing, vacation, abandonment, changeof use, acquisition of land for, sale or lease of any street orother public facility is subject to similar submission andapproval, and the failure to approve may be similarly overruled.The failure of the commission to act within sixty days after thedate of official submission to it shall be deemed approval.
(L. 1963 p. 146 § 9)
(2005) Section covers all boards acquiring property and buildings in certain cities, including school boards. Board of Education v. City of Springfield, 174 S.W.3d 653 (Mo.App.S.D.).
Planning commission to approve improvements--commission disapproval,overruled, how.
89.380. Whenever the commission adopts the plan of themunicipality or any part thereof, no street or other publicfacilities, or no public utility, whether publicly or privatelyowned, and, the location, extent and character thereof havingbeen included in the recommendations and proposals of the plan orportions thereof, shall be constructed or authorized in themunicipality until the location, extent and character thereof hasbeen submitted to and approved by the planning commission. Incase of disapproval the commission shall communicate its reasonsto the council, and the council, by vote of not less thantwo-thirds of its entire membership, may overrule the disapprovaland, upon the overruling, the council or the appropriate board orofficer may proceed, except that if the public facility orutility is one the authorization or financing of which does notfall within the province of the council, then the submission tothe planning commission shall be by the board havingjurisdiction, and the planning commission's disapproval may beoverruled by that board by a vote of not less than two-thirds ofits entire membership. The acceptance, widening, removal,extension, relocation, narrowing, vacation, abandonment, changeof use, acquisition of land for, sale or lease of any street orother public facility is subject to similar submission andapproval, and the failure to approve may be similarly overruled.The failure of the commission to act within sixty days after thedate of official submission to it shall be deemed approval.
(L. 1963 p. 146 § 9)
(2005) Section covers all boards acquiring property and buildings in certain cities, including school boards. Board of Education v. City of Springfield, 174 S.W.3d 653 (Mo.App.S.D.).
