☰ Revisor of Missouri

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 68

Effective - 28 Aug 2013 bottom

  68.205.  Definitions. — As used in sections 68.200 to 68.260, unless the context clearly requires otherwise, the following terms shall mean:

  (1)  "Act", the port improvement district act, sections 68.200 to 68.260;

  (2)  "Approval", for purposes of elections pursuant to this act, a simple majority of those qualified voters casting votes in any election;

  (3)  "Board", the board of port authority commissioners for the particular port authority that desires to establish or has established a district;

  (4)  "Consent", the written acknowledgment and approval of the creation of the district by:

  (a)  Owners of real property collectively owning more than sixty percent by assessed value of real property within the boundaries of the proposed port improvement district; and

  (b)  More than sixty percent per capita of the owners of all real property within the boundaries of the proposed port improvement district;

  (5)  "Director of revenue", the director of the department of revenue of the state of Missouri;

  (6)  "Disposal of solid waste or sewage", the entire process of storage, collection, transportation, processing, and disposal of solid wastes or sewage;

  (7)  "District" or "port improvement district", an area designated by the port authority which is located within its port district boundaries at the time of establishment;

  (8)  "Election authority", the election authority having jurisdiction over the area in which the boundaries of the district are located under chapter 115;

  (9)  "Energy conservation", the reduction of energy consumption;

  (10)  "Energy efficiency", the increased productivity or effectiveness of the use of energy resources, the reduction of energy consumption, or the use of renewable energy sources;

  (11)  "Obligations", revenue bonds and notes issued for the repayment of any money obtained by a port authority from any public or private source along with any associated financing costs, including, but not limited to, the costs of issuance, capitalized interest, and debt service;

  (12)  "Owner", the individual or individuals or entity or entities who own a fee interest in real property that is located within the boundaries of a district based upon the recorded real estate records of the county recorder, or the city recorder of deeds if the district is located in a city not within a county, as of the thirtieth day prior to any action;

  (13)  "Petition", a petition to establish a port improvement district within the port district boundaries or a petition to make a substantial change to an existing district;

  (14)  "Pollution", the existence of any noxious substance in the air or waters or on the lands of the state in sufficient quantity and of such amounts, characteristics, and duration as to injure or harm the public health or welfare or animal life or property;

  (15)  "Port authority", a political subdivision established pursuant to this chapter;

  (16)  "Port district boundaries", the boundaries of any port authority on file with the clerk of the county commission, city clerk, or clerk of the legislative or governing body of the county as applicable, which became effective upon approval by the Missouri highways and transportation commission;

  (17)  "Project" or "port improvement project", with respect to any property within a port improvement district, or benefitting property within a port improvement district:

  (a)  Providing for, or contracting for the provision of, environmental cleanup, including the disposal of solid waste, services to brownfields, or other polluted real property;

  (b)  Providing for, or contracting for the provision of, energy conservation or increased energy efficiency within any building, structure, or facility;

  (c)  Providing for, or contracting for the provision of, wetland creation, preservation, or relocation;

  (d)  The construction of any building, structure, infrastructure, fixture, or facility determined by the port authority as essential in developing energy resources, preventing, reducing, or eliminating pollution, or providing water facilities or the disposal of solid waste;

  (e)  Modifications to, or the relocation of, any existing building, structure, infrastructure, fixture, or facility that has been acquired or constructed, or which is to be acquired or constructed for the purpose of developing energy resources, preventing, reducing, or eliminating pollution, or providing water facilities or the disposal of solid waste;

  (f)  The acquisition, clearing, and grading of real property and the acquisition of other property and improvements, or rights and interest therein, which are determined by the port authority to be significant in, or in the furtherance of, the history, architecture, archeology, or culture of the United States, the state of Missouri, or its political subdivisions;

  (g)  The operation, maintenance, repair, rehabilitation, or reconstruction of any existing public or private building, structure, infrastructure, fixture, or facility determined by the port authority to be significant in, or in the furtherance of, the history, architecture, archeology, or culture of the United States, the state of Missouri, or its political subdivisions;

  (h)  The construction of any new building, structure, infrastructure, fixture, or facility that is determined by the port authority to be significant in, or in the furtherance of, the history, architecture, archeology, or culture of the United States, the state of Missouri, or its political subdivisions;

  (i)  Providing for any project determined to be significant in or in furtherance of the purpose of a port authority as provided in section 68.020;

  (18)  "Qualified project costs", include any and all reasonable costs incurred or estimated to be incurred by a port authority, or a person or entity authorized by a port authority, in furtherance of a port improvement project, which costs may include, but are not limited to:

  (a)  Costs of studies, plans, surveys, and specifications;

  (b)  Professional service costs, including, but not limited to, architectural, engineering, legal, research, marketing, financial, planning, consulting, and special services, including professional service costs necessary or incident to determining the feasibility or practicability of any project and carrying out the same;

  (c)  Administrative fees and costs of a port authority in carrying out any of the purposes of this act;

  (d)  Property assembly costs, including, but not limited to, acquisition of land and other property and improvements, real or personal, or rights or interests therein, demolition of buildings and structures, and the clearing or grading of land, machinery, and equipment relating to any project, including the cost of demolishing or removing any existing structures;

  (e)  Costs of operating, rehabilitating, reconstructing, maintaining, and repairing existing buildings, structures, infrastructure, facilities, or fixtures;

  (f)  Costs of constructing new buildings, structures, infrastructure, facilities, or fixtures;

  (g)  Costs of constructing, operating, rehabilitating, reconstructing, maintaining, repairing or removing public works or improvements;

  (h)  Financing costs, including, but not limited to, all necessary and incidental expenses related to the port authority's issuance of obligations, which may include capitalized interest on any such obligations and reasonable reserves related to any such obligations;

  (i)  All or a portion of the port authority's capital costs resulting from a port improvement project necessarily incurred or to be incurred in furtherance of a port improvement project, to the extent the port authority accepts and approves such costs; and

  (j)  Relocation costs, to the extent that a port authority determines that relocation costs shall be paid, or are required to be paid, by federal or state law;

  (19)  "Qualified voters", for the purposes of an election for the approval of a real property tax or a sales and use tax:

  (a)  Registered voters residing within the district; or

  (b)  If no registered voters reside within the district, the owners of one or more parcels of real property within the district which would be subject to such real property taxes or sales and use taxes, as applicable, based upon the recorded real estate records of the county recorder, or the city recorder of deeds if the district is located in a city not within a county, as of the thirtieth day prior to the date of the applicable election;

  (20)  "Registered voters", persons who reside within the district and who are qualified and registered to vote pursuant to chapter 115 as determined by the election authority as of the thirtieth day prior to the date of the applicable election;

  (21)  "Respondent", unless the port authority is the owner of all real property within the proposed district, the municipality or municipalities within which the proposed district is located, the county or counties within which the proposed district is located, the Missouri highways and transportation commission when the proposed district shall be within the highways of the state of Missouri, and any other political subdivision within the boundaries of the proposed port improvement district, except the petitioning port authority;

  (22)  "Revenues", all rents, revenues from any levied real property tax and sales and use tax, charges and other income received by a port authority in connection with any project, including any gift, grant, loan, or appropriation received by the port authority with respect thereto;

  (23)  "Substantial changes", with respect to an established port improvement district, the addition or removal of real property to or from the port improvement district and any changes to the approved district funding mechanism; and

  (24)  "Taxpayer", a person or owner of real property within the proposed district who would pay any real estate or use tax as a result of the district establishment;

  (25)  "Water facilities", any facilities for the furnishing and treatment of water for industrial, commercial, agricultural, or community purposes including, but not limited to, wells, reservoirs, dams, pumping stations, water lines, sewer lines, treatment plants, stabilization ponds, storm sewers, storm water detention and retention facilities, and related equipment and machinery.

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(L. 2010 S.B. 578, A.L. 2013 S.B. 257)


---- end of effective   28 Aug 2013 ----

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