☰ Revisor of Missouri

Title XIV ROADS AND WATERWAYS

Chapter 238

< > Effective - 28 Aug 2009 bottom

  238.207.  Creation of district, procedures — district to be contiguous, size requirements — petition, contents — alternative method. — 1.  Whenever the creation of a district is desired, not less than fifty registered voters from each county partially or totally within the proposed district may file a petition requesting the creation of a district.  However, if no persons eligible to be registered voters reside within the district, the owners of record of all of the real property, except public streets, located within the proposed district may file a petition requesting the creation of a district.  The petition shall be filed in the circuit court of any county partially or totally within the proposed district.

  2.  Alternatively, the governing body of any local transportation authority within any county in which a proposed project may be located may file a petition in the circuit court of that county, requesting the creation of a district.

  3.  The proposed district area shall be contiguous and may contain all or any portion of one or more municipalities and counties; provided:

  (1)  Property separated only by public streets, easements or rights-of-way shall be considered contiguous;

  (2)  In the case of a district formed pursuant to a petition filed by the owners of record of all of the real property located within the proposed district, the proposed district area need not contain contiguous properties if:

  (a)  The petition provides that the only funding method for project costs will be a sales tax;

  (b)  The court finds that all of the real property located within the proposed district will benefit by the projects to be undertaken by the district; and

  (c)  Each parcel within the district is within five miles of every other parcel; and

  (3)  In the case of a district created pursuant to subsection 5 of this section, 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.

  4.  The petition shall set forth:

  (1)  The name, voting residence and county of residence of each individual petitioner, or, if no persons eligible to be registered voters reside within the proposed district, the name and address of each owner of record of real property located within the proposed district, or shall recite that the petitioner is the governing body of a local transportation authority acting in its official capacity;

  (2)  The name and address of each respondent.  Respondents must include the commission and each affected local transportation authority within the proposed district, except a petitioning local transportation authority;

  (3)  A specific description of the proposed district boundaries including a map illustrating such boundaries;

  (4)  A general description of each project proposed to be undertaken by that district, including a description of the approximate location of each project;

  (5)  The estimated project costs and the anticipated revenues to be collected from the project;

  (6)  The name of the proposed district;

  (7)  The number of members of the board of directors of the proposed district, which shall be not less than five or more than fifteen;

  (8)  A statement that the terms of office of initial board members shall be staggered in approximately equal numbers to expire in one, two or three years;

  (9)  If the petition was filed by registered voters or by a governing body, a request that the question be submitted to the qualified voters within the limits of the proposed district whether they will establish a transportation development district to develop a specified project or projects;

  (10)  A proposal for funding the district initially, pursuant to the authority granted in sections 238.200 to 238.275, together with a request that the funding proposal be submitted to the qualified voters within the limits of the proposed district; provided, however, the funding method of special assessments may also be approved as provided in subsection 1 of section 238.230;

  (11)  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; and

  (12)  Details of the budgeted expenditures, including estimated expenditures for real physical improvements, estimated land acquisition expenses, estimated expenses for professional services and estimated interest charges.

  5.  (1)  As an alternative to the methods described in subsections 1 and 2 of this section, if two or more local transportation authorities have adopted resolutions calling for the joint establishment of a district, the governing body of any one such local transportation authority may file a petition in the circuit court of any county in which the proposed project is located requesting the creation of a district; or, if not less than fifty registered voters from each of two or more counties sign a petition calling for the joint establishment of a district for the purpose of developing a project that lies in whole or in part within those same counties, the petition may be filed in the circuit court of any of those counties in which not less than fifty registered voters have signed the petition.

  (2)  The proposed district area 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.

  (3)  The petition shall set forth:

  (a)  That the petitioner is the governing body of a local transportation authority acting in its official capacity; or, if the petition was filed by obtaining the signatures of not less than fifty registered voters in each of two or more counties, it shall set forth the name, voting residence, and county of residence of each individual petitioner;

  (b)  The name of each local transportation authority within the proposed district.  The resolution of the governing body of each local transportation authority calling for the joint establishment of the district shall be attached to the petition;

  (c)  The name and address of each respondent.  Respondents must include the commission and each affected local transportation authority within the proposed district, except a petitioning local transportation authority;

  (d)  A specific description of the proposed district boundaries including a map illustrating such boundaries;

  (e)  A general description of each project proposed to be undertaken by the district, including a description of the approximate location of each project;

  (f)  The name of the proposed district;

  (g)  The number of members of the board of directors of the proposed district;

  (h)  A request that the question be submitted to the qualified voters within the limits of the proposed district whether they will establish a transportation development district to develop the projects described in the petition;

  (i)  A proposal for funding the district initially, pursuant to the authority granted in sections 238.200 to 238.275, together with a request that the imposition of the funding proposal be submitted to the qualified voters residing within the limits of the proposed district; provided, however, the funding method of special assessments may also be approved as provided in subsection 1 of section 238.230; and

  (j)  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.

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(L. 1990 S.B. 479 & 649 § 38, A.L. 1997 S.B. 303, A.L. 2001 H.B. 202, A.L. 2002 S.B. 891, A.L. 2003 H.B. 668, A.L. 2007 S.B. 22, A.L. 2008 S.B. 930 & 947, A.L. 2009 H.B. 191)


---- end of effective  28 Aug 2009 ----

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