Section 68.210

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 68

Effective - 28 Aug 2010, 2 histories, see footnote   (history) 

  68.210.  Establishment of districts authorized, procedure — prohibited in Clay County. — 1. A port authority may establish one or more port improvement districts within its port district boundaries for the purpose of funding qualified project costs associated with an approved port improvement project. In order to form a district or to make substantial changes to an existing district, the board shall:

  (1) Draft a petition in accordance with subsection 2 of this section;

  (2) Hold a public hearing in accordance with section 68.215;

  (3) Subsequent to the public hearing, approve by resolution the draft petition containing any approved changes and amendments deemed necessary or desirable by a majority of the board members;

  (4) File the approved draft petition in the circuit court of the county where the port improvement district is located, requesting the creation of a port improvement district in accordance with sections 68.200 to 68.260; and

  (5) Within thirty days of the circuit court's certification of the petition, and establishment of the district, file a copy of the board's resolution approving the petition, the certified petition, and the circuit court judgment certifying the petition and establishing the district with the Missouri highways and transportation commission.

  2. A petition is proper for consideration and approval by the board and the circuit court if, at the time of such approval, it has been signed by property owners collectively owning more than sixty percent per capita of all owners of real property within the boundaries of the proposed district and contains the following information:

  (1) The legal description of the proposed district, including a map illustrating the legal boundaries. The proposed district shall be contiguous and may contain all or any portion of one or more municipalities and counties. Property separated only by public streets, easements or rights-of-way, or connected by a single public street, easement, or right-of-way shall be considered contiguous;

  (2) A district name designation which shall be set out in the following format:

  (a) The name of the Missouri county or municipality in which the port district boundaries are filed;

  (b) The words "port improvement district"; and

  (c) The district designation number, beginning at 1 for the first district formed by that specific port authority, and progressing consecutively upward, irrespective of the year established;

  (3) A description of the proposed project or projects for which the district is being formed, and the estimated qualified project costs of such projects;

  (4) The maximum rate or rates and duration of any proposed real property tax or sales and use tax, or both, as applicable, needed to fund the project;

  (5) The estimated revenues projected to be generated by any such tax or taxes;

  (6) The name and address of each respondent;

  (7) A statement that the proposed district shall not be an undue burden on any owner of property within the district and is not unjust or unreasonable;

  (8) A request that the circuit court certify the projects pursuant to the act, approve the proposed real property tax or sales and use tax, or both, as applicable, and establish the district.

  3. Notwithstanding the provisions of sections 68.200 to 68.260 to the contrary, a port authority located within any county of the first classification with more than one hundred eighty-four thousand but fewer than one hundred eighty-eight thousand inhabitants shall not have the authority to establish any port improvement district within its port district boundaries.

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(L. 2010 S.B. 578)