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Title XIV ROADS AND WATERWAYS

Chapter 238

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  238.215.  Election, when — ballot, form of — results. — 1.  If the circuit court certifies the petition for voter approval, it shall call an election pursuant to section 238.216.

  2.  At such election for voter approval of the qualified voters, the questions shall be submitted in substantially the following form:

Shall there be organized in (here specifically describe the proposed district boundaries), within the state of Missouri, a transportation development district, to be known as the "______ Transportation Development District" for the purpose of developing the following transportation project:  (here summarize the proposed project or projects and require each voter to approve or disapprove of each project) and have the power to fund the proposed project upon separate voter approval by any or all of the following methods:  (here specifically describe the proposed funding methods and require each voter to approve or disapprove of each proposed funding method)?

  3.  (1)  If the petition was filed pursuant to subsection 5 of section 238.207 and the district desires to impose a sales tax as the only proposed funding mechanism, at such election for voter approval of the qualified voters, the question shall be submitted in substantially the following form:

Shall there be organized in (here specifically describe the proposed district boundaries), within the state of Missouri, a transportation development district, to be known as the "______ Transportation Development District" for the purpose of developing the following transportation project:  (here summarize the proposed project or projects) and be authorized to impose a transportation development district-wide sales tax at the rate of ______ (insert amount) for a period of ______ (insert number) years from the date on which such tax is first imposed for the purpose of funding the transportation project or projects?

  (2)  If the petition was filed pursuant to subsection 5 of section 238.207 and the district desires to impose a funding mechanism other than a sales tax, at such election for voter approval of the qualified voters, the question shall be submitted in substantially the form set forth in subsection 2 of this section and the proposed funding mechanism shall require separate voter approval at a subsequent election.

  4.  The results of the election shall be entered upon the records of the circuit court of the county in which the petition was filed.  Also, a certified copy thereof shall be filed with the county clerk of each county in which a portion of the proposed district lies, who shall cause the same to be spread upon the records of the county commission.  If the results show that a majority of the votes cast by the qualified voters were in favor of organizing the transportation development district, the circuit court having jurisdiction of the matter shall declare the district organized and certify the funding methods approved by the qualified voters.  If the results show that less than a majority of the votes cast by the qualified voters were in favor of the organization of the district, the circuit court shall declare that the question has failed to pass, and the same question shall not be again submitted for voter approval for two years.

  5.  Notwithstanding the foregoing, if the election was held pursuant to subsection 3 of this section, the results of the election shall be entered upon the records of the circuit court of the county in which the petition was filed.  Also, a certified copy thereof shall be filed with the county clerk of each county in which a portion of the proposed district lies.  If the results show that a majority of the votes cast by the qualified voters were in favor of the proposition, the circuit court having jurisdiction of the matter shall declare the district organized and the funding methods approved by the qualified voters to be in effect.  If the results show that less than a majority of the votes cast by the qualified voters were in favor of the proposition, the circuit court shall declare that the question has failed to pass.  A new petition shall be filed pursuant to subsection 5 of section 238.207 prior to the question being again submitted for voter approval.

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(L. 1990 S.B. 479 & 649 § 41, A.L. 1997 S.B. 303, A.L. 2003 H.B. 668)


---- end of effective   28 Aug 2003 ----

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