Section 227.600

Title XIV ROADS AND WATERWAYS

Chapter 227

Effective - 28 Aug 2006, 5 histories, see footnote   (history) 

  227.600.  Citation of law — definitions. — 1. Sections 227.600 to 227.669 shall be known and may be cited as the "Missouri Public-Private Partnerships Transportation Act".

  2. As used in sections 227.600 to 227.669, unless the context clearly requires otherwise, the following terms mean:

  (1) "Commission", the Missouri highways and transportation commission;

  (2) "Comprehensive agreement", the final binding written comprehensive project agreement between a private partner and the commission required in section 227.621 to finance, develop, and/or operate the project;

  (3) "Department", the Missouri department of transportation;

  (4) "Develop" or "development", to plan, locate, relocate, establish, acquire, lease, design, or construct;

  (5) "Finance", to fund the costs, expenses, liabilities, fees, profits, and all other charges incurred to finance, develop, and/or operate the project;

  (6) "Interim agreement", a preliminary binding written agreement between a private partner and the commission that provides for completion of studies and any other activities to advance the financing, development, and/or operation of the project required by section 227.618;

  (7) "Material default", any uncured default by a private partner in the performance of its duties that jeopardizes adequate service to the public from the project as determined by the commission;

  (8) "Operate" or "operation", to improve, maintain, equip, modify, repair, administer, or collect user fees;

  (9) "Private partner", any natural person, corporation, partnership, limited liability company, joint venture, business trust, nonprofit entity, other business entity, or any combination thereof;

  (10) "Project", a bridge to be owned by the commission and the Illinois department of transportation or any other suitable public body of the state of Illinois, which is located across the boundaries of the state of Illinois and the state of Missouri in a city not within a county to be financed, developed, and/or operated under agreement between the commission, a private partner, the Illinois department of transportation, and, if appropriate, any other suitable public body of the state of Illinois;

  (11) "Public use", a finding by the commission that the project to be financed, developed, and/or operated by a private partner under sections 227.600 to 227.669 will improve or is needed as a necessary addition to the state highway system;

  (12) "Revenues", include but are not limited to the following which arise out of or in connection with the financing, development, and/or operation of the project:

  (a) Income;

  (b) Earnings;

  (c) Proceeds;

  (d) User fees;

  (e) Lease payments;

  (f) Allocations;

  (g) Federal, state, and local moneys; or

  (h) Private sector moneys, grants, bond proceeds, and/or equity investments;

  (13) "State", the state of Missouri;

  (14) "State highway system", the state system of highways and bridges planned, located, relocated, established, acquired, constructed, and maintained by the commission under section 30(b), article IV, Constitution of Missouri;

  (15) "User fees", tolls, fees, or other charges authorized to be imposed by the commission and collected by the private partner for the use of all or a portion of a project under a comprehensive agreement.

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(L. 2006 H.B. 1380)