Missouri Statute | Act | Code |Motor Vehicles, Watercraft And Aviation| US Code - US Statute

1. In sections 305.010 to 305.110 "aircraft" includes balloon,
airplane, hydroplane, and every other vehicle used for navigation through
the air.

2. A hydroplane while at rest on water and while being operated on or
immediately above water shall be governed by the rules regarding water
navigation; while being operated through the air otherwise than
immediately above water it shall be treated as an aircraft.

3. "Aeronaut" includes aviator, pilot, balloonist, and every other person
having any part in the operation of aircraft while in flight.

4. "Passenger" includes any person riding in aircraft but having no part
in its operation. (RSMo 1939 § 15106)

Prior revision: 1929 § 13905

The ownership of the space above the lands and waters of this
state is declared to be vested in the several owners of the surface
beneath, subject to the right of flight described in section 305.030.
(RSMo 1939 § 15107)

Prior revision: 1929 § 13906

Flight in aircraft over the lands and waters of this state is
lawful, unless at such a low altitude as to interfere with the then
existing use to which the land or water, or the space over the land or
water, is put by the owner, or unless so conducted as to be imminently
dangerous to persons or property lawfully on the land or water beneath.
The landing of an aircraft on the lands or waters of another, without his
consent, is unlawful, except in the case of a forced landing. (RSMo 1939
§ 15108)

Prior revision: 1929 § 13907

The liability of the owner of one aircraft, to the owner of
another aircraft, or to aeronauts or passengers on either aircraft, for
damage caused by collision on land or in the air shall be determined by
the rules of law applicable to torts on land. (RSMo 1939 § 15109)

Prior revision: 1929 § 13908

(1959) The usual rules applicable to torts apply to aviation accidents,
and there is no mandatory requirement that the standard of care be
established by expert testimony. Arrow Aviation Inc. v. Moore, 266 F.2d
488.

All crimes, torts and other wrongs committed by or against an
aeronaut or passenger while in flight over this state shall be governed
by the laws of this state; and the question whether damage occasioned by
or to an aircraft while in flight over this state constitutes a tort,
crime or other wrong by or against the owner of such aircraft shall be
determined by the laws of this state. (RSMo 1939 § 15110)

Prior revision: 1929 § 13909

All contractual and other legal relations entered into by
aeronauts or passengers while in flight over this state shall have the
same effect as if entered into on the land or water beneath. (RSMo 1939 §
15111)

Prior revision: 1929 § 13910

Sections 305.010 to 305.110 shall be so interpreted and
construed as to effectuate its general purpose and to make uniform the
law of those states which enact it and to harmonize, as far as possible,
with federal laws and regulations on the subject of aeronautics. (RSMo
1939 § 15116)

Prior revision: 1929 § 13915

(1957) Air traffic rules of Federal Civil Aeronautics Board held properly
considered in determining negligence but violation thereof is not
negligence as matter of law. Court indicated judicial notice might be
taken of such rules and that trial court had discretion to permit reading
same in evidence. Hough v. Rapidair Inc. (Mo.), 298 S.W.2d 378.

Any aeronaut or passenger who, while in flight over a thickly
inhabited area or over a public gathering within this state, shall engage
in trick or acrobatic flying, or in any acrobatic feat, or shall, except
while in landing or taking off, fly at such low level as to endanger the
persons on the surface beneath, or drop any object except water or loose
sand ballast, shall be deemed guilty of a misdemeanor. (RSMo 1939 § 15112)

Prior revision: 1929 § 13911

Any person who shall tamper with any aircraft, or put into
motion the engine of such aircraft without the permission of the owner
shall be punished by imprisonment in the penitentiary for a period not to
exceed five years or by imprisonment in a county jail for a period not to
exceed one year or by a fine not to exceed one thousand dollars, or by
both such fine and imprisonment. (RSMo 1939 § 15113, A.L. 1959 H.B. 152)

Prior revision: 1929 § 13912

Any person who shall interfere or tamper with any airdrome,
flying field or airway, or the lights, markers or other equipment
thereof, shall be deemed guilty of a misdemeanor. (RSMo 1939 § 15114)

Prior revision: 1929 § 13913

Any person who shall leave any aircraft with its engine running,
and unoccupied by a person able to control the same, and without blocking
the same in such manner as to prevent such aircraft from moving, shall be
deemed guilty of a misdemeanor. (RSMo 1939 § 15115)

Prior revision: 1929 § 13914

As used in sections 305.120 to 305.270, the following terms mean:

(1) "Aeronautics" includes the art and science of flight; aviation; the
construction, operation, navigation of aircraft and all component parts
thereof; air navigation aids, such as markings, lighting, electric and
electronic devices that transmit or receive visual, audible or electronic
signals, sounds or displays; navigation and piloting; and also includes
airports and the planning, design, construction, repair, improvement, or
maintenance thereto or any part thereof; and the dissemination of
information and instruction pertaining to all of the foregoing;

(2) "Aircraft", any device now known or hereafter invented, used or
designed for navigation of or flight through the air;

(3) "Airman", a person, including the person in command of an aircraft or
a pilot, mechanic, or member of the crew, who engages in the navigation
of an aircraft while under way;

(4) "Airman certificate", a certificate issued to an airman pursuant to
49 U.S.C. 44702;

(5) "Airport", an area on land or water that is used or intended to be
used for the landing and takeoff of aircraft including buildings,
equipment, facilities, rights-of-way, property and appurtenant areas;

(6) "Airport authority", an entity established in accordance with state
law which may plan for, acquire, construct, operate, and maintain an
airport or airports as a political subdivision within this state;

(7) "Pilot", any person licensed to operate aircraft;

(8) "Political subdivision", any county, city, town, village or other
political entity having the authority to tax and to exercise the power of
eminent domain;

(9) "Runway", a defined rectangular area on a land airport prepared
specifically for the landing and takeoff of aircraft. (RSMo 1939 § 15117,
A.L. 1991 S.B. 6, A.L. 2002 S.B. 701)

Prior revision: 1929 § 13916

It shall be unlawful for any person to operate any aircraft
within this state in carrying a passenger or passengers, or any property,
or in the prosecution of a business or commercial enterprise, or for
instruction in the art of flying, without an* airman certificate for such
purposes issued by the Federal Aviation Administration, and without a
valid certificate of airworthiness for such aircraft issued by the
Federal Aviation Administration. (RSMo 1939 § 15118, A.L. 2002 S.B. 701)

Prior revision: 1929 § 13917

*Word "a" appears in original rolls.

The airman certificate and certificate of airworthiness required
by sections 305.120 to 305.160 shall be kept in the personal possession
of the licensee when operating aircraft within this state, and must be
presented for inspection upon the demand of any passenger, or any peace
officer, or any official, manager or person in charge of any airport, or
landing field in this state upon which he shall land. (RSMo 1939 § 15119,
A.L. 2002 S.B. 701)

Prior revision: 1929 § 13918

The provisions of sections 305.120 to 305.160 shall not apply to
public aircraft owned by, or to pilots in the service of, the government
of the United States, or the state of Missouri. (RSMo 1939 § 15121)

Prior revision: 1929 § 13920

Any person who violates any provision of sections 305.120 to
305.160 shall be guilty of a misdemeanor. (RSMo 1939 § 15120)

Prior revision: 1929 § 13919

The local legislative body of any city, including cities under
special charter, village or town in this state is hereby authorized to
acquire, by purchase or gift, establish, construct, own, control, lease,
equip, improve, maintain, operate, and regulate, in whole or in part,
alone or jointly or concurrently with others, airports or landing fields
for the use of airplanes and other aircraft either within or without the
limits of such cities, villages, or towns, and may use for such purpose
or purposes any property suitable therefor that is now or may at any time
hereafter be owned or controlled by such city, village, or town. (RSMo
1939 § 15122)

Prior revision: 1929 § 13921

The county commission of any county in this state is hereby
authorized after a hearing to acquire, by purchase or gift, establish,
construct, own, control, lease, equip, improve, maintain, operate, and
regulate, in whole or in part, alone or jointly or concurrently with
others, airports or landing fields for the use of airplanes and other
aircraft within the limits of such counties, and may use for such purpose
or purposes any property suitable therefor, that is now or may at any
time hereafter be owned or controlled by such county. (RSMo 1939 § 15123)

Prior revision: 1929 § 13922

Any lands acquired, owned, controlled or occupied by such
cities, villages, towns or counties for the purposes enumerated in
sections 305.170 and 305.180 hereof shall and are hereby declared to be
acquired, owned, controlled, and occupied for a public purpose and as a
matter of public necessity, and such cities, villages, towns, or counties
shall have the right to acquire property for such purpose or purposes
under the power of eminent domain as and for a public necessity. (RSMo
1939 § 15124)

Prior revision: 1929 § 13923

1. Any county, city or city under special charter shall have the
power to acquire by purchase, property for an airport or landing field or
addition thereto, and if unable to agree with the owners on the terms
thereof, may acquire such property by condemnation in the manner provided
by law under which such county or city is authorized to acquire real
property for public purposes, or if there be no such law, then in the
same manner as is now provided by law for the condemnation of property by
any railroad corporation.

2. The term "property" as used in this section shall mean and include any
real and personal property whether privately or publicly owned or any
easement or use therein, including, but not by way of limitation,
property owned by school districts, water districts, fire districts, road
districts, sewer districts, drainage districts, levee districts,
railroads, and property both real and personal owned by any other
corporation and shall include churches, graveyards, graveyard
associations, parks, private roads, bridges, culverts, pipelines,
waterlines, water reservoirs or storage tanks, canals, ditches, and
levees, railroads or other rights-of-way, streetcar or traction lines and
tracks, telegraph, telephone and power lines, poles and conduits and
including state roads or roads under the jurisdiction of the state
highways and transportation commission.

3. The purchase price or the award of compensation or damages for the
taking of any real or personal property or any easement or use therein
acquired for an airport or a landing field or any addition thereto may be
paid for wholly or in part from the proceeds of the sale of bonds of such
county, city or city under special charter as the governmental or
legislative body of such county, city or city under special charter shall
determine, subject, however, to the adoption of a proposition therefor at
any election to be held in such county, city or city under special
charter for such purpose; also to permit said municipality or
municipalities mentioned in this section to issue revenue bonds for said
above mentioned purpose on authority of the governing body of said
municipality; provided, that no airport or landing field shall be
established or located in any county, city or city under special charter
in violation of any plan or master airport plan or zoning regulation
restricting the location of an airport or landing field adopted by the
planning commission of any such county, city or city under special
charter. (RSMo 1939 § 15125, A.L. 1943 p. 326)

Prior revision: 1929 § 13924

(2000) Adding of additional runways to existing airport, and expansion of
existing facilities of such airport, is not deemed an establishment of
new landing field or of new airport. City of Bridgeton v. City of St.
Louis, 18 S.W.3d 107 (Mo.App.E.D.).

The governing body of any county of the first class is
authorized to pay the purchase price or the award of compensation or
damages, as provided for in section 305.200, by the issuance of revenue
bonds for the taking of any real or personal property or any easement or
use thereof for an airport or a landing field or an addition thereto or
for any improvement or improvements on the airport, landing field, or any
addition thereto. (L. 1981 S.B. 39)

The local legislative body of a city, including cities under
special charter, village, town or county which has established an airport
or landing field and acquired, leased, or set apart real property for
such purpose may construct, improve, equip, maintain, and operate the
same, or may vest jurisdiction for the construction, improvement,
equipment, maintenance, and operation thereof, in any suitable officer,
board or body of such city, village, town or county, or may by franchise
or contract authorize others, in whole or in part, to construct, equip,
maintain, and operate the same. The expense of such construction,
improvement, equipment, maintenance and operation shall be a city,
village, town or county charge, in whole or in part, as the case may be.
The local legislative body of a city, village, town, or county may adopt
regulations and establish fees for charges for the use of such airport or
landing field. (RSMo 1939 § 15126)

Prior revision: 1929 § 13925

The local authorities of a city, including cities under special
charter, village, town or county to which sections 305.170 to 305.220 are
applicable having power to appropriate money therein may annually
appropriate a sum sufficient to carry out the provisions of sections
305.170 to 305.220. (RSMo 1939 § 15127)

Prior revision: 1929 § 13926

1. The state highways and transportation commission shall
administer an aeronautics program within this state. The commission shall
encourage, foster and participate with the political subdivisions of this
state in the promotion and development of aeronautics. The commission may
provide financial assistance in the form of grants from funds
appropriated for such purpose to any political subdivision or
instrumentality of this state acting independently or jointly or to the
owner or owners of any privately owned airport designated as a reliever
by the Federal Aviation Administration for the planning, acquisition,
construction, improvement or maintenance of airports, or for other
aeronautical purposes.

2. Any political subdivision or instrumentality of this state or the
owner or owners of any privately owned airport designated as a reliever
by the Federal Aviation Administration receiving state funds for the
purchase, construction, or improvement, except maintenance, of an airport
shall agree before any funds are paid to it to control by ownership or
lease the airport for a period equal to the useful life of the project as
determined by the commission following the last payment of state or
federal funds to it. In the event an airport authority ceases to exist
for any reason, this obligation shall be carried out by the governing
body which created the authority.

3. Unless otherwise provided, grants to political subdivisions,
instrumentalities or to the owner or owners of any privately owned
airport designated as a reliever by the Federal Aviation Administration
shall be made from the aviation trust fund. In making grants, the
commission shall consider whether the local community has given financial
support to the airport in the past. Priority shall be given to airports
with local funding for the past five years with no reduction in such
funding. The aviation trust fund is a revolving trust fund exempt from
the provisions of section 33.080, RSMo, relating to the transfer of funds
to the general revenue funds of the state by the state treasurer. All
interest earned upon the balance in the aviation trust fund shall be
deposited to the credit of the same fund.

4. The moneys in the aviation trust fund shall be administered by the
commission and, when appropriated, shall be used for the following
purposes:

(1) As matching funds on an up to ninety percent state/ten percent local
basis, except in the case where federal funds are being matched, when the
ratio of state and local funds used to match the federal funds shall be
fifty percent state/fifty percent local:

(a) For preventive maintenance of runways, taxiways and aircraft parking
areas, and for emergency repairs of the same;

(b) For the acquisition of land for the development and improvement of
airports;

(c) For the earthwork and drainage necessary for the construction,
reconstruction or repair of runways, taxiways, and aircraft parking areas;

(d) For the construction, or restoration of runways, taxiways, or
aircraft parking areas;

(e) For the acquisition of land or easements necessary to satisfy Federal
Aviation Administration safety requirements;

(f) For the identification, marking or removal of natural or manmade
obstructions to airport control zone surfaces and safety areas;

(g) For the installation of runway, taxiway, boundary, ramp, or
obstruction lights, together with any work directly related to the
electrical equipment;

(h) For the erection of fencing on or around the perimeter of an airport;

(i) For purchase, installation or repair of air navigational and landing
aid facilities and communication equipment;

(j) For engineering related to a project funded under the provisions of
this section and technical studies or consultation related to aeronautics;

(k) For airport planning projects including master plans and site
selection for development of new airports, for updating or establishing
master plans and airport layout plans at existing airports;

(l) For the purchase, installation, or repair of safety equipment and
such other capital improvements and equipment as may be required for the
safe and efficient operation of the airport;

(2) As total funds, with no local match:

(a) For providing air markers, windsocks, and other items determined to
be in the interest of the safety of the general flying public;

(b) For the printing and distribution of state aeronautical charts and
state airport directories on an annual basis, and a newsletter on a
quarterly basis or the publishing and distribution of any public interest
information deemed necessary by the commission;

(c) For the conducting of aviation safety workshops;

(d) For the promotion of aerospace education;

(3) As total funds with no local match, up to five hundred thousand
dollars per year may be used for the cost of operating existing air
traffic control towers that do not receive funding from the Federal
Aviation Administration or the United States Department of Defense,
except no more than one hundred sixty-seven thousand dollars per year may
be used for any individual control tower.

5. In the event of a natural or manmade disaster which closes any runway
or renders inoperative any electronic or visual landing aid at an
airport, any funds appropriated for the purpose of capital improvements
or maintenance of airports may be made immediately available for
necessary repairs once they are approved by the commission. For projects
designated as emergencies by the commission, all requirements relating to
normal procurement of engineering and construction services are waived.

6. As used in this section, the term "instrumentality of the state" shall
mean any state educational institution as defined in section 176.010,
RSMo, or any state agency which owned or operated an airport on January
1, 1997, and continues to own or operate such airport. (L. 1945 p. 1315 §
1, A.L. 1965 p. 501, A.L. 1971 S.B. 351, A.L. 1978 H.B. 1116 & 1117, A.L.
1985 S.B. 145 & 166, A.L. 1986 S.B. 550, A.L. 1991 S.B. 6, A.L. 1998 S.B.
619, A.L. 2002 H.B. 1196, A.L. 2005 S.B. 396)

CROSS REFERENCE:

Aviation trust fund, created, RSMo 155.090 (L. 1945 p. 1315 § 1, A.L.
1965 p. 501, A.L. 1971 S.B. 351, A.L. 1978

1. The department of transportation may provide free technical
advice in planning, constructing, and operating a public airport to any
city, town or* county operating or proposing to operate an airport. In
order to insure compatibility with and maximum participation in federal
programs for the operation and improvement of airports, the department
shall provide technical representation, promotion, planning and
engineering advice to the cities, towns or* counties for the advancement
of an aviation program, and in order to insure effective and efficient
use of state funds to aid the cities, towns and counties in the
operation, construction and improvement of airports shall develop and
maintain a state airport plan.

2. The department shall also develop and maintain an "approved airport
design" using standard design criteria to assure the safety and
well-being of the airport user and the best uses of state and local
funds. (L. 1971 S.B. 351)

*Word "or" does not appear in original rolls.

Pursuant to the stated intent of section 305.233, RSMo, any
city, town or county individually or jointly with any other city, town or
county planning to build, develop, improve or expand a public airport
shall channel such request through the state department of
transportation. Provided further, that land airports serving Civil
Aeronautics Board certificated air carriers and so certificated under
CFR14 Part 139 are exempt from the requirements of channelization supra;
but may request the state department of transportation to provide such
service. The department of transportation is authorized to cooperate with
the government of the United States and any agency or department thereof,
in the acquisition, construction, improvement, maintenance and operation
of airports and other navigation facilities in this state and to comply
with the provisions of the laws of the United States and any regulations
made thereunder for the expenditure of federal money upon such airports
and other navigation facilities. (L. 1978 H.B. 1116 & 1117)

The department of transportation is authorized to accept and
receive federal moneys, and other moneys, either public or private, for
or on behalf of the state, or the political subdivisions of the state at
the request of such political subdivisions, for the acquisition,
construction, development, improvement, operation and maintenance of
airports or other air navigation facilities in the state upon such terms
and conditions as are or may be prescribed by the laws of the United
States. (L. 1989 S.B. 448 § 1)

1. The department of transportation is authorized to act as
agent of any political subdivision of the state upon the request of such
political subdivision in accepting and receiving federal grant moneys for
airports or other air navigation purposes, and in contracting for the
acquisition, construction, development, improvement, operation and
maintenance of airports or other air navigation facilities in this state,
financed either in whole or in part by federal moneys.

2. The governing body of any political subdivision is authorized to
designate the department as its agent for such purposes and to enter into
an agreement with it prescribing the terms and conditions of such agency
in accordance with federal laws, rules and regulations and with sections
305.170 to 305.270.

3. Moneys paid over by the United States government shall be retained by
the state or paid over to such political subdivisions under such terms
and conditions as may be imposed by the United States government in
making such grants. (L. 1989 S.B. 448 § 2)

All contracts for the acquisition, construction, development,
improvement, operation and maintenance of airports, or other air
navigation facilities, made by the department of transportation, either
as the agent of the state or the agent of any political subdivision,
shall be made pursuant to the laws of the state governing the making of
such contracts, except that, where the acquisition, construction,
development, improvement, operation and maintenance of any airport or
other air navigation facility is financed wholly or partially with
federal money, the department, as agent of the state or any political
subdivision thereof, may let contracts in the manner prescribed by
federal authorities, acting under the laws, rules or regulations of the
United States, and in the manner prescribed by the charters of the
charter cities of the state, notwithstanding any provision of state law
to the contrary. (L. 1989 S.B. 448 § 3)

This state or the governing body of any political subdivision of
this state is hereby authorized to acquire, establish, construct, own,
control, lease, equip, improve, maintain, and operate airports, or
restricted landing areas, or other air navigation facilities in an
adjoining state whose laws permit, subject to the laws of such state, but
subject to the laws of this state in all matters relating to financing
such projects. (L. 1947 V. II p. 334 § 1)

An adjoining state or political subdivision thereof, if the laws
of such state permit, is hereby authorized to acquire, establish,
construct, own, control, lease, equip, improve, maintain, and operate
airports, or restricted landing areas, or other air navigation facilities
in this state, subject to all laws, rules and regulations of this state
applicable to such aeronautical facilities, but subject to the laws of
its own state in all matters relating to financing such projects. (L.
1947 V. II p. 334 § 2)

Such adjoining state or political subdivision thereof shall have
all the rights, privileges, and duties of like political subdivisions of
this state, except the right to exercise eminent domain. (L. 1947 V. II
p. 334 § 3)

Sections 305.240 to 305.270 shall not apply unless the laws of
such adjoining state shall permit this state and its political
subdivisions to acquire, establish, construct, own, control, lease,
equip, improve, maintain, and operate airports, or restricted landing
areas, or other air navigation facilities therein, with all privileges,
rights and duties applicable to such aeronautical projects in such
adjoining state. (L. 1947 V. II p. 334 § 4)

The governing body of any county may create an airport authority
to build or acquire and operate one or more airports within the
boundaries of the county or an adjoining county. The authority shall be
created by resolution of the governing body not sooner then ten days
after public notice is posted at the courthouse announcing the intention
of forming such a body. (L. 1985 S.B. 145 & 166 § 2 subsec. 1)

1. (1) The authority shall be governed by an elected
seven-member board of directors, except as provided in subdivision (2) of
this subsection. The seven directors shall be elected at large by the
qualified voters of the county at the first municipal election following
the creation of the authority, provided that, the authority is created at
a time prior to such election sufficient to allow the notice requirement
of section 115.125, RSMo, to be met. Otherwise, the directors shall be
elected at the following municipal election. The two directors receiving
the highest total number of votes shall serve terms of six years. From
among the remaining directors, the three receiving the next highest total
number of votes shall be elected for terms of four years. The remaining
directors shall be elected for terms of two years. Thereafter, all
directors shall serve terms of four years. All directors shall serve
until their successors are elected and qualified. None shall hold any
other public office. Notwithstanding any other provision of law to the
contrary, if the number of candidates is no greater than the number of
directors to be elected, no election shall be held, and the candidate or
candidates shall assume the responsibilities of their offices at the same
time and in the same manner as if they had been elected.

(2) In any first class county which does not have a charter form of
government and which adjoins a first class county having a charter form
of government and not containing all or part of a city with a population
of more than three hundred thousand, and not more than one second class
county, the authority shall be governed by a five-member board of
directors. Such directors shall be elected as provided in subdivision (1)
of this subsection, except that, the two directors receiving the highest
total number of votes shall serve terms of six years. From among the
remaining directors, the two receiving the highest total number of votes
shall be elected for terms of four years and the remaining director shall
serve a term of two years. Thereafter, all directors shall serve terms of
four years. All directors shall serve until their successors are elected
and qualified. None shall hold any other public office.

2. Directors shall not be compensated for services, but shall be
reimbursed for actual and necessary expenses incurred in the performance
of their duties from funds of the authority.

3. The board of directors shall meet and organize within sixty days after
the election, and shall select one member to be chairman and another to
be vice chairman, which officers shall be selected every two years.

4. In any county which has adopted the provisions of sections 305.300 to
305.333 prior to May 6, 1986, an election of directors shall be conducted
as provided in this section. All directors appointed under prior law
shall serve until their successors are elected and qualified. (L. 1985
S.B. 145 & 166 § 2 subsecs. 2 to 4, A.L. 1986 S.B. 550, A.L. 1989 S.B.
193)

Effective 2-1-89

1. The authority shall be a body corporate and a political
subdivision of the county wherein established. It may sue and be sued,
and its actions are declared to be for a public purpose.

2. The authority may exercise any of the following governmental powers,
including the power of eminent domain within the county which created the
authority, and all other powers necessary, incidental, convenient or
desirable to carry out and effectuate the express powers. The power of
eminent domain may be exercised only in the acquisition of lands adjacent
to the existing airport. It may:

(1) Acquire by purchase, lease or otherwise, for the purpose of
establishing and constructing one or more airports, any land or water
lying anywhere within its designated area;

(2) Acquire by purchase, lease or otherwise any airport or airports
located within its designated area, and may assume and pay, or guarantee
the payment of, the principal and interest of any bonds secured by any
such airport, provided that:

(a) The rentals payable on any lease of any such airport shall be payable
only from any part or all of the income and revenues derived from the
airport, any other authority airport or airports, any related facilities
of any such airport, or any other property owned by the authority or from
any two or more of such sources, and the payment of such rentals may be
secured by a pledge of any part or all of any such income or revenues;

(b) Any such assumption or guaranty of the principal and interest of any
bonds secured by any such airport, the related facilities thereof, any
other authority airport or airports and their respective related
facilities, any other authority property, or from the proceeds derived
from the sale of bonds authorized to be issued by the authority pursuant
to section 305.315 which are issued for the purpose of refunding any such
bonds so assumed or guaranteed or any two or more of the foregoing
sources; and

(c) Any such lease, assumption or guaranty shall state on its face that
it does not constitute a debt of the authority or the state of Missouri
within the meaning of the constitution and the statutes of the state of
Missouri;

(3) Plan for, establish, acquire by purchase, lease or otherwise,
construct, reconstruct, expand, improve and maintain related facilities
for any authority airport;

(4) Acquire by purchase, lease or otherwise, any land or water lying
within its designated area, and within one mile of the boundaries of any
proposed or existing authority airport, and may plan for, establish,
construct, reconstruct, expand, improve and maintain related facilities
which the authority deems necessary or appropriate;

(5) Enter into leases or agreements for the operation by the authority of
any airport or airports located in its designated area and any part or
all of the related facilities thereof;

(6) Require the removal or relocation of all buildings, railroads, mains,
pipes, conduits, wires, poles and other structures, facilities and
equipment which may interfere with the location, operation, expansion or
improvement of any proposed or existing authority airport or with the
safe approach to or takeoff from any such airport by aircraft; but if the
authority shall determine that it is necessary that any such facilities
be relocated or removed entirely from any present or proposed authority
airport, the person owning or operating such facilities shall relocate or
remove the same in accordance with the order of the authority and all
costs and expenses of such relocation or removal, including the cost of
installing such facilities in a new location or locations, and the cost
of any land or lands, or interest in land, or any other rights acquired
to accomplish such relocation or removal shall be ascertained and paid by
the authority as a part of the cost of any such present or proposed
authority airport; and further, there shall be no rent, fee or other
charge of any kind imposed upon the person owning or operating any
facilities ordered relocated on the properties of the authority and the
authority shall grant to the person owning or operating the facilities
and his successors and assigns the right to operate the same in the new
location or locations for as long a period and upon the same terms and
conditions as he had the right to maintain and operate such facilities in
their former location or locations;

(7) Receive and expend any funds from the state of Missouri, or any
political subdivision thereof, which may be appropriated to further
airport purposes. (L. 1985 S.B. 145 & 166 § 3, A.L. 1986 S.B. 550)

Effective 5-6-86

1. The authority may operate any authority airport and may
charge and collect rents, rates or other compensation for any use thereof
or for any service rendered by the authority in the operation thereof
pursuant to such contracts for such terms, not exceeding forty years, as
the authority shall determine, which terms may begin in futuro, provided
that, subject to the capacity thereof, the landing field, landing strips,
and services of any authority airport shall be available to any person
without unjust or unreasonable discrimination as to services and charges
for landing and takeoff by any aircraft.

2. The authority may grant to any person concessions or privileges in any
part of any authority airport, other than the landing field and landing
strips, and any related facilities for the control and safe operation of
aircraft, the sheltering, servicing or repair of aircraft, the receiving,
discharging, sheltering, feeding and supplemental transportation of
passengers, the parking of motor vehicles, and the receipt, transfer,
storage and discharge of any cargo or for any purpose reasonably incident
to any of the foregoing, provided that any leases and any grants of
concessions or privileges may be for such terms, not exceeding twenty
years, as the authority shall determine, and any such term may begin in
futuro.

3. The authority may regulate, to the extent not regulated by federal law
or regulations, the navigation of aircraft over any authority airport and
the perimeter area of such airport, the approach of aircraft to and their
takeoff from any authority airport, and the use of any airport or related
facilities so as to be consistent with the safe and efficient operation
of the airport.

4. No city, town, county, or other political subdivision, located within
the authority boundaries which owns an airport, may sell, give title or
interest in, franchise, lease, contract for operation or maintenance, or
otherwise convey, its airport to or with any other state, authority or
political subdivision without the prior approval of the county airport
authority.

5. All purchases, rentals, or leases of all goods, supplies, insurance,
services, bonds, wares, commodities, or other items, tangible or
intangible, by or for the authority, shall be based on competitive bids.
The authority shall advertise for bids in at least one newspaper of
general circulation in the area served by the authority at least five
days before bids for the purchases, rentals, or leases are to be opened.
All bids shall be mailed or delivered to the office of the authority so
as to reach it before the time set for opening bids. The purchase shall
be let to the lowest and best bidders. The authority may reject the bids
and advertise for new bids. Purchases where the estimated expenditure is
less than one thousand dollars may be made without the securing of bids.
(L. 1985 S.B. 145 & 166 § 4)

1. The authority may also:

(1) Enter into contracts regarding any matter connected with any purpose
within the objects and purposes of sections 305.300 to 305.333;

(2) Employ agents and employees necessary to carry out the duties and
purposes of the authority;

(3) Adopt all necessary bylaws, rules and regulations for the conduct of
the business and affairs of the authority, and for the management and use
of facilities and sites acquired under the powers granted by sections
305.300 to 305.333;

(4) Have and use a common seal and alter the same at pleasure;

(5) Secure grants or loans, or both, from the United States government,
or any agency thereof, for financing the establishment and construction
of any airport, related facility, or any part of any of the foregoing
authorized by sections 305.300 to 305.333. For such purposes the
authority may issue and sell or pledge to the United States government,
or any agency thereof, all or any part of the revenue bonds authorized
under sections 305.315, 305.317 and 305.320, and may execute contracts
and documents and do all things that may be required by the United States
government, or any agency thereof, provided that such contract and
documents do not conflict with the provisions of any resolution
authorizing and securing the payment of outstanding bonds of the
authority theretofore issued that are payable from the revenues derived
from the operation of any authority airport, and related facility.

2. Nothing in this section or in any other provision of sections 305.300
to 305.333 shall be construed to authorize the authority to establish or
enforce any regulation or rule in respect to the operations or
maintenance of its airports and related facilities within its
jurisdiction which is in conflict with any federal or state law or
regulation applicable to the same subject matter. (L. 1985 S.B. 145 & 166
§ 8)

1. The authority may from time to time issue bonds in
anticipation of its income and revenues from any one or more authority
airports and related facilities to accomplish any of the purposes of
sections 305.300 to 305.333, and to refund such bonds, or any bonds
assumed or guaranteed pursuant to the provisions of sections 305.300 to
305.333. Such bonds shall be authorized by resolution and may be issued
in one or more series, may bear such dates, mature at such time or times,
bear interest at such rates, not exceeding the maximum amount allowed by
law, payable semiannually, be in such form, be executed in such manner,
including the use of facsimile signatures and seals, be payable in such
medium of payment, at such places, be subject to such terms of
redemption, with or without premium, and may be made registrable as to
principal or as to both principal and interest, as the authority by
resolution may provide. Any bonds issued hereunder may be issued in
denominations of five thousand dollars or any multiple thereof. The bonds
shall have all the qualities of negotiable paper within the meaning of
such term as used in the laws of this state. The bonds shall be sold at a
price, so that the interest cost of the proceeds thereof shall not exceed
the maximum allowed by law, payable semiannually, computed to maturity
according to standard tables of bond values, and shall be sold in such
manner and at such time as the authority shall determine at a public
sale. Pending the preparation or execution of definitive bonds, temporary
receipts, certificates or bonds may be delivered to the purchasers or
pledgees of these bonds. No holder of any bond issued under this section
shall ever have the right to compel any exercise of the taxing power of
the state of Missouri or any political subdivision thereof to pay the
bond or the interest thereon. Each bond issued under this section shall
recite in substance that the bond, including the interest thereon, is
payable solely from the revenue pledged to the payment thereof or from
any bonds issued for the purpose of refunding such bond, and that the
bond does not constitute a debt of the authority or of the state of
Missouri within any statutory or constitutional limitation of the state
of Missouri.

2. Such bonds shall be executed by such officers of the authority as
shall be designated by the authority. Any bonds bearing the signature of
officers in office at the date of signing thereof shall be valid and
binding for all purposes, notwithstanding that before delivery thereof
any or all such persons whose signatures appear thereon shall have ceased
to be such officers.

3. The authority may provide for the issuance of refunding bonds if the
bonds to be refunded are due or callable or redeemable by their terms on
or prior to the date that the refunding bonds are issued, or will become
due, callable or redeemable by their terms within twelve months after the
date of issue of the refunding bonds, or if the bonds to be refunded even
though not becoming due, callable, or redeemable within such period are
voluntarily surrendered by the holders thereof for cancellation at the
time of the issuance of the refunding bonds. All or part of any issue may
be so refunded and all parts of several issues may be refunded into a
single issue of refunding bonds. Provision may be made for including with
the refunding bonds, as part of a single issue, bonds of the authority
for any other purpose or purposes for which bonds are herein authorized
to be issued. Refunding bonds may be exchanged for not less than a like
principal amount of the bonds authorized to be refunded, and may be sold
or may be exchanged in part and sold in part. (L. 1985 S.B. 145 & 166 § 5)

The authority, if it desires to issue bonds pursuant to section
305.315, shall adopt a resolution describing in a general way the airport
or airports and the related facility or facilities to be acquired,
established, constructed, reconstructed, expanded, or improved and refer
to the plans and specifications therefor prepared for that purpose, or if
refunding bonds, describing the bonds or other obligations to be
refunded, or both. Any such resolution shall set out the estimated cost
therefor, or in the case of refunding bonds, the amount of the bonds to
be refunded, and shall fix the maximum amount of revenue bonds proposed
to be issued therefor. This amount shall not exceed the estimated cost
thereof, including engineering, legal, and other expenses together with
interest cost to a date six months subsequent to the estimated date of
completion, or, in the case of refunding bonds, the principal amount of
the bonds to be refunded and legal and other expenses, and such other
sums as in the discretion of the authority may be desirable to create a
reserve fund sufficient to pay the maximum amount of principal and
interest estimated to fall due on the bonds in any future twelve-month
period. Such resolution may contain such covenants, which shall be part
of the contract between the authority and the holder of the bonds and the
trustee, if any, for such bondholders having such rights and duties as
may be provided therein for the enforcement and protection of such
covenants, as may be deemed necessary or advisable as to:

(1) The issuance of additional bonds that may thereafter be issued
payable from the income and revenues derived from the operation of any
such airport or airports, and related facility or facilities, and for the
payment of the principal and interest upon such bonds;

(2) The regulations as to the use of any such airport or airports, and
related facility or facilities, to assure the maximum use or occupancy
thereof;

(3) The kind and amount of insurance to be carried, including use and
occupancy insurance, the cost of which shall be payable only from the
income and revenues derived from such airport or airports, and related
facility or facilities;

(4) The operation, maintenance, management, accounting and auditing,
employment of airport engineers and consultants and the keeping of
records, reports and audits of any such airport or airports, and related
facility or facilities;

(5) The obligation of the authority to maintain the airport or airports,
and related facility or facilities, in good condition and to operate the
same in an economical and efficient manner;

(6) Provide for setting aside of sinking funds, reserve funds,
depreciation funds and such other special funds as may be found needful
and the regulation and disposition thereof;

(7) Provide for the setting aside of a sinking fund, into which shall be
payable from the income and revenues of such airport or airports, and
related facility or facilities, from month to month, as such income and
revenues are collected, such sums as will be sufficient to pay the
accruing interest and retire the bonds at maturity;

(8) Fix and collect rents, rates of toll and other charges for the use of
such airport or airports, and related facility or facilities, sufficient,
together with other available money, to produce income and revenues
adequate to pay the bonds at maturity and accruing interest and reserves
therefor and sufficient to pay cost of maintenance, operation and
depreciation thereof in such order of priority as shall be provided by
the resolution authorizing the bonds;

(9) Fix procedures by which the terms of any contract with the holders of
the bonds may be amended, the amount of bonds involved, the holders of
which must consent;

(10) Provide the procedure for refunding such bonds;

(11) Provide whether and to what extent and upon what terms and
conditions, if any, the holder of bonds or coupons issued under such
resolution or the trustee, if any, therefor may, either in law or in
equity, by suit, action, mandamus or other proceeding, enforce or compel
the performance of all duties required by this section and section
305.315, including the fixing, maintaining and collecting of such rents,
rates or other charges for the use of such airport or airports, and
related facility or facilities, or for any service rendered by the
authority in the operation thereof as will be sufficient, together with
other available money, to pay the principal or interest upon those
revenue bonds as the same become due and reserves therefor and sufficient
to pay the cost of maintenance, operation and depreciation of the airport
or airports, and related facility or facilities, in the order of priority
as provided in the resolution authorizing the bonds, and the application
of the income and revenues thereof;

(12) Such other covenants as may be deemed necessary or desirable to
assure a successful and profitable operation of the airport or airports,
and related facility or facilities, and prompt payment of the principal
and interest upon the bonds so authorized. (L. 1985 S.B. 145 & 166 § 6)

Wherever revenue bonds are issued and outstanding under sections
305.315 and 305.317 inclusive, all of the income and revenues received
from the operation of the airport or airports, and related facility or
facilities, pledged to secure the payment of the interest and principal
of such bonds shall be deposited in a separate fund which shall be used
only in paying the principal and interest of these revenue bonds and
reserves therefor and the cost of rental, maintenance, operation and
depreciation of such airport or airports, and related facility or
facilities, to such extent and in such order of priority as shall be
provided by the respective resolutions authorizing revenue bonds;
provided, however, no priority accorded by such a resolution may be
impaired by a subsequent resolution authorizing revenue bonds unless
specifically so permitted by a covenant of the kind authorized to be
included in a resolution by section 305.317. Such income and revenues in
excess of requirements for payment of principal of and interest upon
these bonds and reserves therefor and for payment of cost of maintenance,
operation and depreciation of the airport or airports, and related
facility or facilities, may be used for rehabilitation, reconstruction
and expansion of existing airports and related facilities, or for the
retirement of any outstanding bonds issued for airport purposes. After
all such bonds have been paid, such income and revenues may be
transferred to the general corporate fund of the authority and be used
for maintenance, operation, repair and development of such airport or
airports, and related facility or facilities, or for any other corporate
purpose. (L. 1985 S.B. 145 & 166 § 7)

Nothing in sections 305.300 to 305.333 shall be construed to
authorize the authority to create a debt, liability or obligation of the
state of Missouri or of any of its political subdivisions, and all bonds
issued by the authority shall be paid solely from the revenues and other
funds provided therefor by the provisions of sections 305.300 to 305.333.
(L. 1985 S.B. 145 & 166 § 9)

All property, real, personal or mixed, owned by the authority,
which is located in the state of Missouri, is exempt from taxation under
the laws of the state of Missouri. (L. 1985 S.B. 145 & 166 § 10)

1. The board of directors of any county airport authority may
levy, if a majority of the voters voting thereon approve, in addition to
all other taxes heretofore approved, a tax of not more than twenty-five
cents per one hundred dollars of assessed valuation to be used for the
support of the authority.

2. The proposition to levy the tax authorized by subsection 1 of this
section may be submitted by the board of directors at the next regular
municipal or school election conducted by the county clerk in such county
or at a special election called for the purpose, or upon petition of two
hundred registered voters of the county. A separate ballot containing the
question shall read as follows:

Shall the board of directors of the ....................... County
Airport Authority be authorized to levy a tax of ...................
cents on the one hundred dollars assessed valuation to provide funds for
the support of the authority?

FOR THE PROPOSITION

AGAINST THE PROPOSITION

(Place an X in the square opposite the one for which you wish to vote.)
If a majority of the qualified voters casting votes thereon be in favor
of the question, the board of directors shall accordingly levy a tax in
accordance with the provisions of this section, but if a majority of the
voters casting votes thereon do not vote in favor of the levy authorized
by this section, no tax shall be levied.

3. Funds derived from the tax which may be levied pursuant to this
section may be used to pay the principal and interest of any revenue
bonds which may have been issued by the authority, or for any other
purpose within the powers of the authority. (L. 1985 S.B. 145 & 166 § 11)

For purposes of sections 305.400 to 305.410 the following words
or phrases shall mean the following:

(1) "Airport zone" is each area located wholly or in part outside a
municipality in a county which is located within the following
description:

Beginning at a point on the end of any runway and

on the centerline of the runway; thence to the right

a distance of five hundred feet on a course

perpendicular to said centerline to a point; thence

to a point two thousand feet to the right of and

perpendicular to the centerline extended which point

is directly opposite a point ten thousand feet from

the end of the runway on the said centerline extended

away from the runway; thence to a point two thousand

feet to the left of and perpendicular to the

centerline extended which point is directly opposite

a point ten thousand feet from the end of the runway

on the said centerline extended away from the runway;

thence to a point five hundred feet to the left of

the point of beginning and perpendicular to the said

centerline; thence to the point of beginning.

(2) "County" is county of the first class having a population of more
than one hundred and fifty thousand persons but less than six hundred
thousand persons.

(3) "Dwelling" is a building or portion thereof, including mobile homes,
designed for residential use and occupancy including one-family,
two-family, multiple-family dwellings, boarding houses, or rooming houses.

(4) "Municipality" is a municipal corporation with a population of more
than one hundred fifteen thousand but less than three hundred thousand
persons.

(5) "Runway" is a surface used for landing or taking off of aircraft
which is shown on a duly adopted airport master plan of the municipality
and includes all such runways shown thereon, whether existing or
proposed, including extension of such runways. (L. 1979 H.B. 957 § 1)

Notwithstanding any other provision of the law to the contrary,
a county in which there is located a municipality which owns an airport
served by commercial airlines certificated by the Civil Aeronautics Board
of the United States of America shall adopt zoning orders and regulations
as set forth in this section, pursuant to procedures in chapter 64, RSMo,
and the following provisions shall be deemed to be included in the county
zoning order and regulations:

(1) No dwellings shall be permitted to be constructed in an airport zone
other than single-family dwellings each of which is on a lot or parcel of
land of ten acres or more;

(2) No hospitals, health institutions, clinics, sanitariums, nursing
homes, convalescent homes, institutional homes, or other similar
facilities shall be permitted to be constructed in an airport zone;

(3) No public or private schools, libraries, sports arena, day care
centers, churches or other places of worship, auditoriums or buildings
for public assembly or use, theaters or any other similar facility shall
be permitted to be constructed in an airport zone;

(4) No building or structure shall be constructed nor shall any growth be
maintained which exceeds fifty feet in height in an airport zone; no
building or structure shall be constructed nor any growth maintained
which is more than one hundred feet in height within any area located
outside of an airport zone but located otherwise within an area two
thousand feet parallel to and on each side of the centerline of any
runway extended ten thousand feet from the end of and away from the
runway;

(5) No use or activity shall be conducted in an airport zone which emits
radio signals, electronic emissions or interference of any kind with any
navigational signal or radio communication between the airport or
aircraft; nor anything which makes it difficult for pilots to distinguish
airport lights or results in significant reflection of light or glare
which impairs pilot visibility or otherwise creates a hazard for
aircraft. (L. 1979 H.B. 957 § 2)

Notwithstanding any other law to the contrary, annexation of
land located within an airport zone by any city, town or village other
than the municipality which owns the airport is prohibited, nor shall any
areas be incorporated in such airport zones. (L. 1979 H.B. 957 § 3)

Sections 305.500 to 305.585 shall be known and may be referred
to as "The Missouri-St. Louis Metropolitan Airport Authority Law". (L.
1972 H.B. 1341 § 1)

Effective 2-4-72

As used in sections 305.500 to 305.585, unless the context
requires otherwise, the following words and terms mean:

(1) "Airport", an area of land or water, the boundaries of which shall be
as designated by the authority for future airports, and as existing for
present airports, which is intended for the landing and takeoff of
aircraft, which provides facilities for the shelter, supply or care of
aircraft, or for receiving or discharging passengers or cargo, and all
appurtenant areas used or suitable for airport buildings or other related
facilities, and all appurtenant rights-of-way, whether heretofore or
hereafter established, or for any purpose reasonably incident to any of
the foregoing;

(2) "Airport hazard", any structure, tree, or use of land which obstructs
the airspace required for, or is otherwise hazardous to, or interferes
with the flight of, aircraft in landing or taking off at the airport;

(3) "Authority", The Missouri-St. Louis metropolitan airport authority;

(4) "Authority airport", any airport or airports acquired, constructed,
reconstructed, expanded, improved or leased by the authority and within
the Missouri-St. Louis metropolitan area;

(5) "Governor", the governor of the state of Missouri;

(6) "Greater St. Louis metropolitan area", The Missouri-St. Louis
metropolitan area and the counties of Madison, Monroe and St. Clair in
the state of Illinois;

(7) "Instrument airport", an airport which has one or more runways
equipped or to be equipped with precision electronic navigation aids or
landing aids or other air navigation facilities suitable to permit the
landing of aircraft by an instrumental approach under restricted
visibility conditions by instrument flight rules;

(8) "Major airport", an airport serving air passengers, air cargo, and
air freight by accommodating certified scheduled air carriers;

(9) "Missouri-St. Louis metropolitan area", the city of St. Louis and the
counties of St. Louis, St. Charles, Franklin and Jefferson in the state
of Missouri;

(10) "Noninstrument airport", an airport, other than an instrument
airport, with no precision navigation or landing aids and suitable to
permit the landing of aircraft by visual flight rules;

(11) "Person", any individual, partnership, firm, company, corporation,
association, trust or estate or his or its legal representative or agent;

(12) "Related facilities", any buildings, structures, or other facilities
necessary or appropriate for the control and safe operation of aircraft,
the sheltering, servicing, or repair of aircraft, the receiving,
discharging, sheltering, feeding, and supplemental transportation of
passengers, the parking of motor vehicles, and the receipt, transfer,
storage and discharge of cargo, or for any purpose reasonably incident
thereto, and together with such residential, commercial, and industrial
buildings, structures and facilities and public parks, recreation areas
and conservation areas as shall be compatible with the operation of the
authority airport and which may produce incidental income available for
the expenses of any authority airport or public benefit, located or to be
located on an authority airport and any aids to navigation necessary for
the operation of any authority airport wherever located, and any land on
which any aids are located;

(13) "Structure", an object constructed or installed by man, including,
but not limited to, buildings, towers, smokestacks, light towers, and
overhead transmission lines; and

(14) "Tree", any object of natural growth. (L. 1972 H.B. 1341 § 2)

Effective 2-4-72

1. "The Missouri-St. Louis Metropolitan Airport Authority" is
hereby established. The authority is a body corporate and a political
subdivision of the state and shall be known as "The Missouri-St. Louis
Metropolitan Airport Authority", and in that name may sue and be sued.
Actions of the authority are declared to be in the public interest and
for a public purpose, and the authority may exercise the powers herein
granted or necessarily implied for the purpose of promoting the general
welfare and to provide safe and convenient air travel and transportation
to and from the greater St. Louis metropolitan area.

2. After June 30, 1983, the general assembly shall not appropriate or
expend any state moneys for the implementation and continuation of this
section or the Missouri-St.Louis metropolitan airport authority. (L. 1972
H.B. 1341 § 3, A.L. 1974 S.B. 398, A.L. 1976 S.B. 517, A.L. 1978 S.B.
581, A.L. 1980 H.B. 1289, A.L. 1982 S.B. 521)

1. The governor, with the advice and consent of the senate,
shall appoint four members of the authority; and two of the members shall
be appointed for a term of two years, and two for a term of three years.
The governor shall designate one of the authority members as chairman for
the first two years. Thereafter, the authority membership shall elect a
member to serve as chairman. The mayor of the city of St. Louis and the
supervisor of St. Louis County, with the advice and consent of their
respective governing bodies, shall each appoint three members of the
authority and of the three, one shall be appointed for a term of two
years, one for a term of three years, and one for a term of four years.
The county commissions of Jefferson, Franklin and St. Charles counties
shall each appoint one member of the authority, each such member to serve
a term of four years. Thereafter, all appointments shall be for a term of
four years. Any fraction of a year shall be considered a full year and
each member's term of office shall expire on the appropriate fifteenth
day of January, but he shall continue to hold office until his successor
is appointed and qualified. One more than one-half of the members of the
authority shall constitute a quorum. Vacancies occurring in the
membership shall be filled by appointment by the person making the
original appointment for the unexpired remainder of the term.

2. No person shall be appointed to the authority who is an elected
official of the state of Missouri or any political subdivision thereof.
No person shall be appointed to the authority who is actively engaged or
employed in commercial aeronautics.

3. The members of the authority shall receive as compensation for their
services twenty-five dollars per day for the time spent in the
performance of their official duties, and also their necessary traveling
and other expenses incurred while actually engaged in the discharge of
their official duties.

4. Each member shall, before entering upon the duties of his office, take
and subscribe the constitutional oath of office. At such time as federal
funds are received or revenue bonds are issued, each member shall give
bond in the penal sum of one hundred thousand dollars conditioned upon
the faithful performance of his duties and the bond shall be filed in the
office of the Missouri secretary of state. The cost of the bond shall be
paid by the authority. (L. 1972 H.B. 1341 § 4)

Effective 2-4-72

1. The authority may exercise any of the following governmental
powers, and all other powers necessary, incidental, convenient or
desirable to carry out and effectuate the express powers. It may:

(1) Acquire by purchase, lease or otherwise, for the purpose of
establishing and constructing one or more airports, any land or water
lying anywhere within the Missouri-St. Louis metropolitan area;

(2) Acquire by purchase, lease or otherwise any airport or airports
located within the Missouri-St. Louis metropolitan area, and may assume
and pay, or guarantee the payment of, the principal and interest of any
bonds secured by any such airport, provided that

(a) The rentals payable on any lease of any such airport shall be payable
only from any part or all of the income and revenues derived from the
airport, any other authority airport or airports, any related facilities
of any such airport, or any other property owned by the authority or from
any two or more of such sources, and the payment of such rentals may be
secured by a pledge of any part or all of any such income or revenues;

(b) Any such assumption or guaranty of the principal and interest of any
bonds secured by any such airport, the related facilities thereof, any
other authority airport or airports and their respective related
facilities, any other authority property, or from the proceeds derived
from the sale of bonds authorized to be issued by the authority pursuant
to section 305.530 which are issued for the purpose of refunding any such
bonds so assumed or guaranteed or any two or more of the foregoing
sources; and

(c) Any such lease, assumption or guaranty shall state on its face that
it does not constitute a debt of the authority or the state of Missouri
within the meaning of the constitution and the statutes of the state of
Missouri;

(3) Plan for, establish, acquire by purchase, lease or otherwise,
construct, reconstruct, expand, improve and maintain related facilities
for any authority airport;

(4) Acquire by purchase, lease or otherwise, any land or water lying
within the Missouri-St. Louis metropolitan area, within one mile of the
boundaries of any proposed or existing authority airport, and may plan
for, establish, construct, reconstruct, expand, improve and maintain
related facilities which the authority deems necessary or appropriate;

(5) Enter into leases or agreements for the operation by the authority of
any airport or airports located in the Missouri-St. Louis metropolitan
area and any part or all of the related facilities thereof;

(6) Require the removal or relocation of all buildings, railroads, mains,
pipes, conduits, wires, poles and other structures, facilities and
equipment which may interfere with the location, operation, expansion or
improvement of any proposed or existing authority airport or with the
safe approach to or takeoff from any such airport by aircraft; but if the
authority shall determine that it is necessary that any such facilities
be relocated or removed entirely from any present or proposed authority
airport, the person owning or operating such facilities shall relocate or
remove the same in accordance with the order of the authority and all
costs and expenses of such relocation or removal, including the cost of
installing such facilities in a new location or locations, and the cost
of any land or lands, or interest in land, or any other rights acquired
to accomplish such relocation or removal shall be ascertained and paid by
the authority as a part of the cost of any such present or proposed
authority airport; and further, there shall be no rent, fee or other
charge of any kind imposed upon the person owning or operating any
facilities ordered relocated on the properties of the authority and the
authority shall grant to the person owning or operating the facilities
and his successors and assigns the right to operate the same in the new
location or locations for as long a period and upon the same terms and
conditions as he had the right to maintain and operate such facilities in
their former location or locations;

(7) Exercise the power of eminent domain over public or private property
in the manner prescribed by chapter 523, RSMo;

(8) Receive and expend any funds from the state of Missouri, or any
political subdivision thereof, which may be appropriated to further the
purposes of sections 305.500 to 305.585.

2. Any acquisition made pursuant to subdivisions (1), (2), (3), (4) and
(6) of this section of any property, real, personal or mixed, location
within the state of Missouri whether private property, public property or
property devoted to public use, including any rights thereto, may be
acquired by exercise of the power of condemnation in accordance with the
provisions of chapter 523, RSMo. (L. 1972 H.B. 1341 § 5)

Effective 2-4-72

1. The authority may operate any authority airport and may
charge and collect rents, rates or other compensation for any use thereof
or for any service rendered by the authority in the operation thereof
pursuant to such contracts for such terms, not exceeding forty years, as
the authority shall determine, which terms may begin in futuro, provided
that, subject to the capacity thereof, the landing field, landing strips,
and services of any authority airport shall be available to any person
without unjust or unreasonable discrimination as to services and charges
for landing and takeoff by any aircraft.

2. The authority may grant to any person concessions or privileges in any
part of any authority airport, other than the landing field and landing
strips, and any related facilities for the control and safe operation of
aircraft, the sheltering, servicing or repair of aircraft, the receiving,
discharging, sheltering, feeding and supplemental transportation of
passengers, the parking of motor vehicles, and the receipt, transfer,
storage and discharge of any cargo or for any purpose reasonably incident
to any of the foregoing, provided that any leases and any grants of
concessions or privileges may be for such terms, not exceeding twenty
years, as the authority shall determine and any such term may begin in
futuro.

3. The authority may regulate, to the extent not regulated by federal law
or regulations, the navigation of aircraft over any authority airport and
the perimeter area of such airport, the approach of aircraft to and their
takeoff from any authority airport, and the use of any airport or related
facilities so as to be consistent with the safe and efficient operation
of the airport.

4. No city, town, county, or other political subdivision, located within
the authority boundaries which owns an airport, may sell, give title or
interest in, franchise, lease, contract for operation or maintenance, or
otherwise convey, its airport to or with any other state, authority or
political subdivision without the prior approval of the Missouri-St.
Louis metropolitan airport authority.

5. All purchases, rentals, or leases of all goods, supplies, insurance,
services, bonds, wares, commodities, or other items, tangible or
intangible, by or for the authority, shall be based on competitive bids.
The authority shall advertise for bids in at least two newspapers of
general circulation in the area served by the authority at least five
days before bids for the purchases, rentals, or leases are to be opened.
All bids shall be mailed or delivered to the office of the authority so
as to reach it before the time set for opening bids. The purchase shall
be let to the lowest and best bidders. The authority may reject the bids
and advertise for new bids. Purchases where the estimated expenditure is
less than one thousand dollars may be made without the securing of bids.
(L. 1972 H.B. 1341 § 6)

Effective 2-4-72

1. The authority may from time to time issue bonds in
anticipation of its income and revenues from any one or more authority
airports and related facilities to accomplish any of the purposes of
sections 305.500 to 305.585, and to refund such bonds, or any bonds
assumed or guaranteed pursuant to the provisions of sections 305.500 to
305.585. Such bonds shall be authorized by resolution and may be issued
in one or more series, may bear such dates, mature at such time or times,
bear interest at such rates, not exceeding the maximum amount allowed by
law, payable semiannually, be in such form, be executed in such manner,
including the use of facsimile signatures and seals, be payable in such
medium of* payment, at such places, be subject to such terms of
redemption, with or without premium, and may be made registrable as to
principal or as to both principal and interest, as the authority by
resolution may provide. Any bonds issued hereunder may be issued in
denominations of five thousand dollars or any multiple thereof. The bonds
shall have all the qualities of negotiable paper within the meaning of
such term as used in the laws of this state. The bonds shall be sold at a
price, so that the interest cost of the proceeds thereof shall not exceed
the maximum allowed by law, payable semiannually, computed to maturity
according to standard tables of bond values, and shall be sold in such
manner and at such time as the authority shall determine at a public
sale. Pending the preparation or execution of definitive bonds, temporary
receipts, certificates or bonds may be delivered to the purchasers or
pledgees of these bonds. No holder of any bond issued under this section
shall ever have the right to compel any exercise of the taxing power of
the state of Missouri or any political subdivision thereof to pay the
bond or the interest thereon. Each bond issued under this section shall
recite in substance that the bond, including the interest thereon, is
payable solely from the revenue pledged to the payment thereof or from
any bonds issued for the purpose of refunding such bond, and that the
bond does not constitute a debt of the authority or of the state of
Missouri within any statutory or constitutional limitation of the state
of Missouri.

2. Such bonds shall be executed by such officers of the authority as
shall be designated by the authority. Any bonds bearing the signature of
officers in office at the date of signing thereof shall be valid and
binding for all purposes, notwithstanding that before delivery thereof
any or all such persons whose signatures appear thereon, shall have
ceased to be such officers.

3. The authority may provide for the issuance of refunding bonds if the
bonds to be refunded are due or callable or redeemable by their terms on
or prior to the date that the refunding bonds are issued, or will become
due, callable or redeemable by their terms within twelve months after the
date of issue of the refunding bonds, or if the bonds to be refunded even
though not becoming due, callable, or redeemable within such period are
voluntarily surrendered by the holders thereof for cancellation at the
time of the issuance of the refunding bonds. All or part of any issue may
be so refunded and all parts of several issues may be refunded into a
single issue of refunding bonds. Provision may be made for including with
the refunding bonds, as part of a single issue, bonds of the authority
for any other purpose or purposes for which bonds are herein authorized
to be issued. Refunding bonds may be exchanged for not less than a like
principal amount of the bonds authorized to be refunded, and may be sold
or may be exchanged in part and sold in part. (L. 1972 H.B. 1341 § 7)

Effective 2-4-72

*Word "or" appears in original rolls.

The authority, if it desires to issue bonds pursuant to section
305.530, shall adopt a resolution describing in a general way the airport
or airports and the related facility or facilities to be acquired,
established, constructed, reconstructed, expanded, or improved and refer
to the plans and specifications therefor prepared for that purpose, or if
refunding bonds, describing the bonds or other obligations to be
refunded, or both. Any such resolution shall set out the estimated cost
therefor, or in the case of refunding bonds, the amount of the bonds to
be refunded, and shall fix the maximum amount of revenue bonds proposed
to be issued therefor. This amount shall not exceed the estimated cost
thereof, including engineering, legal, and other expenses together with
interest cost to a date six months subsequent to the estimated date of
completion, or, in the case of refunding bonds, the principal amount of
the bonds to be refunded and legal and other expenses, and such other
sums as in the discretion of the authority may be desirable to create a
reserve fund sufficient to pay the maximum amount of principal and
interest estimated to fall due on the bonds in any future twelve month
period. Such resolution may contain such covenants, which shall be part
of the contract between the authority and the holder of the bonds and the
trustee, if any, for such bondholders having such rights and duties as
may be provided therein for the enforcement and protection of such
covenants, as may be deemed necessary or advisable as to:

(1) The issuance of additional bonds that may thereafter be issued
payable from the income and revenues derived from the operation of any
such airport or airports, and related facility or facilities, and for the
payment of the principal and interest upon such bonds;

(2) The regulations as to the use of any such airport or airports, and
related facility or facilities, to assure the maximum use or occupancy
thereof;

(3) The kind and amount of insurance to be carried, including use and
occupancy insurance, the cost of which shall be payable only from the
income and revenues derived from such airport or airports, and related
facility or facilities;

(4) The operation, maintenance, management, accounting and auditing,
employment of airport engineers and consultants and the keeping of
records, reports and audits of any such airport or airports, and related
facility or facilities;

(5) The obligation of the authority to maintain the airport or airports,
and related facility or facilities, in good condition and to operate the
same in an economical and efficient manner;

(6) Provide for setting aside of sinking funds, reserve funds,
depreciation funds and such other special funds as may be found needful
and the regulation and disposition thereof;

(7) Provide for the setting aside of a sinking fund, into which shall be
payable from the income and revenues of such airport or airports, and
related facility or facilities, from month to month, as such income and
revenues are collected, such sums as will be sufficient to pay the
accruing interest and retire the bonds at maturity;

(8) Fix and collect rents, rates of toll and other charges for the use of
such airport or airports, and related facility or facilities, sufficient,
together with other available money, to produce income and revenues
adequate to pay the bonds at maturity and accruing interest and reserves
therefor and sufficient to pay cost of maintenance, operation and
depreciation thereof in such order of priority as shall be provided by
the resolution authorizing the bonds;

(9) Fix procedures by which the terms of any contract with the holders of
the bonds may be amended, the amount of bonds involved, the holders of
which must consent;

(10) Provide the procedure for refunding such bonds;

(11) Provide whether and to what extent and upon what terms and
conditions, if any, the holder of bonds or coupons issued under such
resolution or the trustee, if any, therefor may, either in law or in
equity, by suit, action, mandamus or other proceeding, enforce or compel
the performance of all duties required by this section and section
305.530, including the fixing, maintaining and collecting of such rents,
rates or other charges for the use of such airport or airports, and
related facility or facilities, or for any service rendered by the
authority in the operation thereof as will be sufficient, together with
other available money, to pay the principal or interest upon those
revenue bonds as the same become due and reserves therefor and sufficient
to pay the cost of maintenance, operation and depreciation of the airport
or airports, and related facility or facilities, in the order of priority
as provided in the resolution authorizing the bonds, and the application
of the income and revenues thereof;

(12) Such other covenants as may be deemed necessary or desirable to
assure a successful and profitable operation of the airport or airports,
and related facility or facilities, and prompt payment of the principal
and interest upon the bonds so authorized. (L. 1972 H.B. 1341 § 8)

Effective 2-4-72

Wherever revenue bonds are issued and outstanding under sections
305.530 and 305.535 inclusive, all of the income and revenues received
from the operation of the airport or airports, and related facility or
facilities, pledged to secure the payment of the interest and principal
of such bonds shall be deposited in a separate fund which shall be used
only in paying the principal and interest of these revenue bonds and
reserves therefor and the cost of rental, maintenance, operation and
depreciation of such airport or airports, and related facility or
facilities, to such extent and in such order of priority as shall be
provided by the respective resolutions authorizing revenue bonds;
provided, however, no priority accorded by such a resolution may be
impaired by a subsequent resolution authorizing revenue bonds unless
specifically so permitted by a covenant of the kind authorized to be
included in a resolution by section 305.535. Such income and revenues in
excess of requirements for payment of principal of and interest upon
these bonds and reserves therefor and for payment of cost of maintenance,
operation and depreciation of the airport or airports, and related
facility or facilities, may be used for rehabilitation, reconstruction
and expansion of existing airports and related facilities, or for the
retirement of any outstanding bonds issued for airport purposes. After
all such bonds have been paid, such income and revenues may be
transferred to the general corporate fund of the authority and be used
for maintenance, operation, repair and development of such airport or
airports, and related facility or facilities, or for any other corporate
purpose. (L. 1972 H.B. 1341 § 9)

Effective 2-4-72

1. The Missouri-St. Louis metropolitan airport authority may
expand the boundaries to include all or part of Madison, Monroe, and St.
Clair counties in the state of Illinois provided that:

(1) The state of Illinois shall dissolve and terminate, in the same
manner as created, any authorities, or districts, acting in the same, or
similar, manner as the Missouri-St. Louis metropolitan airport authority;

(2) The state of Illinois has provided for such counties to become a part
of the authority and to be subject to all the provisions, duties and
powers as provided in sections 305.500 to 305.585.

2. The presiding officer of each county within the state of Illinois
which is added to the authority shall appoint one member of the authority
in the same manner as provided for counties and the city of St. Louis in
the state of Missouri.

3. Expansion of the boundaries of the Missouri-St. Louis metropolitan
airport authority by inclusion of additional counties shall not change
the name of the authority, except the inclusion, or addition, of a county
or counties in the state of Illinois shall change the name of the
authority by deleting the word "Missouri", and such deletion will not
change or alter the purposes of sections 305.500 to 305.585. (L. 1972
H.B. 1341 § 10)

Effective 2-4-72

1. The authority may also:

(1) Enter into contracts regarding any matter connected with any purpose
within the objects and purposes of sections 305.500 to 305.585;

(2) Employ agents and employees necessary to carry out the duties and
purposes of the authority;

(3) Adopt all necessary bylaws, rules and regulations for the conduct of
the business and affairs of the authority, and for the management and use
of facilities and sites acquired under the powers granted by sections
305.500 to 305.585;

(4) Have and use a common seal and alter the same at pleasure;

(5) Secure grants or loans, or both, from the United States government,
or any agency thereof, for financing the establishment and construction
of any airport, related facility, or any part of any of the foregoing
authorized by sections 305.500 to 305.585. For such purposes the
authority may issue and sell or pledge to the United States government,
or any agency thereof, all or any part of the revenue bonds authorized
under sections 305.530, 305.535 and 305.540, and may execute contracts
and documents and do all things that may be required by the United States
government, or any agency thereof, provided that such contract and
documents do not conflict with the provisions of any resolution
authorizing and securing the payment of outstanding bonds of the
authority theretofore issued that are payable from the revenues derived
from the operation of any authority airport, and related facility.

2. Nothing in this section or in any other provision of sections 305.500
to 305.585 shall be construed to authorize the authority to establish or
enforce any regulation or rule in respect to the operation or maintenance
of its airports and related facilities within its jurisdiction which is
in conflict with any federal or state law or regulation applicable to the
same subject matter. (L. 1972 H.B. 1341 § 11)

Effective 2-4-72

All property, real, personal or mixed, owned by the authority,
which is located in the state of Missouri, is exempt from taxation under
the laws of the state of Missouri. (L. 1972 H.B. 1341 § 12)

Effective 2-4-72

Nothing in sections 305.500 to 305.585 shall be construed to
authorize the authority to create a debt, liability or obligation of the
state of Missouri or of any of its political subdivisions, and all bonds
issued by the authority shall be paid solely from the revenues and other
funds provided therefor by the provisions of sections 305.500 to 305.585.
(L. 1972 H.B. 1341 § 13)

Effective 2-4-72

Counties, cities, villages, incorporated towns, and other
municipal corporations, political subdivisions and public bodies, and
public officers of any thereof, all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings
and loan associations, investment companies, insurance companies and
associations, and all executors, administrators, guardians, trustees and
other fiduciaries may legally invest any sinking funds, moneys, or other
funds belonging to them or within their control, in any bonds issued by
the authority pursuant to the provisions of sections 305.500 to 305.585.
(L. 1972 H.B. 1341 § 14)

Effective 2-4-72

The authority is subject to the provisions of this chapter, but
each authority airport shall be individually considered the same as a
city, town or county airport. (L. 1972 H.B. 1341 § 15)

Effective 2-4-72

1. It is hereby found that an airport hazard endangers the lives
and property of users of the airport and of occupants of land in its
vicinity and impairs the utility of the airport and the public investment
therein. Accordingly, it is hereby declared that the creation or
establishment of an airport hazard is a public nuisance and an injury to
the community served by the airport and it is therefore necessary in the
interest of the public health, safety and general welfare that the
creation or establishment of airport hazards be prevented to the extent
legally possible. The authority may for airspace clearance and
navigational purposes provide for the zoning of all territory within two
miles of the boundaries of an instrument authority airport and within one
mile of the boundaries of a noninstrument authority airport for the
purpose and intent of preventing or eliminating hazards on the ground and
in the air which obstruct or interfere with the use of an authority
airport, such as natural and man-made obstructions, lights, smoke and
electronic interferences.

2. No such zoning regulation shall limit any existing use or require the
reduction in height of any existing structure without the owner's consent
or the payment of compensation for damages or loss resulting therefrom.

3. It is further declared that both the prevention of the creation or
establishment of airport hazards and the elimination, removal,
alteration, mitigation, abatement, or marking, lighting or shielding of
existing airport hazards are public purposes for which the authority may
expend funds and acquire land or property rights therein.

4. The chairman shall establish an airport zoning committee consisting of
five members of the authority, not more than one of which shall be
representatives of the same area within the boundaries of the authority.
Each member so appointed shall serve as a member of the committee during
his term as member of the authority. The committee shall recommend the
adoption of zoning regulations and* hear appeals for the zoning of
authority airports.

5. Before any zoning regulations are made or changed, except permissible
variances, the committee shall hold at least one public hearing at which
any interested person may appear in person or by counsel to present his
views. The public hearings shall be held only after notice thereof has
been given by publication in a newspaper having general circulation
within the area subject to the zoning regulations once each week for four
consecutive weeks next preceding the time set for the hearing and by
posting the same notice in ten conspicuous places within the area, and
all costs of the publication shall be paid for by the authority.

6. Zoning regulations of the authority shall be adopted, decided, revised
or altered, only upon the affirmative vote of a majority of those members
of the committee present at the public hearing or at some meeting within
thirty days thereafter at which at the time of voting a majority of the
entire committee is present. In the event of conflict between any airport
zoning regulations adopted pursuant to the provisions of this section and
some other permissible zoning regulation, the more stringent limitation
or requirement shall govern and prevail.

7. All airport zoning regulations adopted by the authority under sections
305.500 to 305.585 shall be enforced by the city or county agency in
which the zoning is applicable and which has the duty of enforcing zoning
and building regulations within their area. The authority shall provide
each city and county zoning agency with maps, charts, and visual displays
as necessary and convenient for a coordinated, efficient and effective
enforcement. The authority shall provide each city and county zoning
agency technical advice and representation when so requested for the
purposes of sections 305.500 to 305.585.

8. Any person, firm or corporation desiring to erect any structure or to
change any existing structure or to permit any natural growth in variance
of zoning regulations made pursuant to the provisions of this section
shall apply for permission to make such variance with the authority. Such
variances shall be allowed if a literal application or enforcement of the
regulations would result in practical difficulty or unnecessary hardship
and the relief granted would not be contrary to the public interest but
would do substantial justice and be in accordance with the spirit of the
regulations and the provisions of sections 305.500 to 305.585, but any
variance shall be subject to such reasonable conditions as the airport
zoning board may deem necessary to effectuate the purpose of this
section. In granting any variance, the authority shall require, and the
person, firm, or corporation seeking the variance shall install, operate
and maintain thereon, at the expense of said person, firm, or corporation
seeking the variance, such markers, lights and shielding as may be
necessary to indicate to flyers the presence of any hazard, obstruction
and interference which may result from the variance.

9. Any person, firm or corporation or any political subdivision which
believes it has been aggrieved by any decision regarding zoning
regulations made by the airport authority may appeal to the circuit court
of the county in which the zoning regulations applies for judicial review
of the regulation and the method in which it was adopted. The action must
be begun within thirty days after the regulation becomes effective, and
the court shall hear the issues and make its determination in the same
manner as judicial review may be had for any other administrative
decision.

10. Any person, firm or corporation violating any of the provisions of
sections 305.500 to 305.585 or acting contrary to any zoning regulation
which may be adopted pursuant to the provisions of sections 305.500 to
305.585 is guilty of a misdemeanor, and upon conviction thereof shall be
punished as provided by law, and each day of violation of any such zoning
regulation constitutes a separate offense.

11. No such zoning regulation shall limit any existing use without the
owner's consent or the payment of compensation for damages or loss
resulting therefrom in the manner prescribed by chapter 523, RSMo. (L.
1972 H.B. 1341 § 16)

Effective 2-4-72

*Word "to" appears here in original rolls.

1. It is hereby found that the location of a new major airport
will increase the value and rate of development of the land adjacent to
the site; that the control of such development will be of benefit to the
entire community; that the assessed value of taxable property and the tax
resources will be significantly greater; and that the protection of
inhabitants and the natural resources of the area is necessary to the
enhancement of the community and to encourage the compatible existence of
the airport and the community. Accordingly it is recognized that large
aircraft generate noise which is objectionable to certain types of
development and land use but is necessary for the safe and efficient
flight of the aircraft and its service to the airport. Therefore, to
encourage the successful coexistence of the community and the airport, to
enhance the environment, and the general welfare of the community, and
provide for the orderly development generated by a major airport, the
authority, to minimize the adverse effects of aircraft noise, and in
addition to zoning powers given in section 305.575, may provide for the
land use zoning of all territory, for noise compatibility, included in a
rectangle extending seven miles from each end of a runway and one and
one-half miles each side of a runway centerline for each proposed and
planned future runway for a major airport site.

2. No such zoning regulation shall limit any existing use without the
owner's consent or the payment of compensation for damages or loss
resulting therefrom in the manner prescribed by chapter 523, RSMo.

3. Within one hundred and twenty days after the selection and approval of
a site for a new major airport, the authority shall determine the
probable levels of noise which will result from the operation of aircraft
using the site and establish aircraft noise zones based thereon
applicable to the property affected by such noise. As aircraft noise
characteristics change with improved technology, the authority may make
changes in the aircraft noise zones. No property shall be used, and no
buildings or other structure shall be constructed or improved, within any
aircraft noise zone, so that persons using the property and buildings are
subjected to a level of noise in excess of the acceptable level
established by the authority for that land use.

4. It is further declared that both the control and establishment of
compatible land use are public purposes for which the authority may
expend funds and acquire land or property rights therein. The authority
may retain any property acquired pursuant to this section and use it for
a lawful purpose, or it may provide for the sale or other disposition.

5. The chairman of the authority shall establish a five member major
airport land use zoning committee consisting of three members of the
authority, one of which shall be a representative of the same county in
which the major airport is to be located, and two of which shall be
citizens residing in the county in which the major airport is to be
located. Each member of the major airport land use zoning committee shall
serve as a member of the committee during his term as member of the
authority and a citizen member shall serve a term of two years. The
committee shall recommend the adoption of zoning regulations and hear
appeals for the land use zoning.

6. Zoning regulations made or changed pursuant to the provisions of this
section shall be made in the same manner as that provided in section
305.575, including the provisions for notice, and any person, firm or
corporation or any political subdivision which believes it has been
aggrieved by any decision regarding zoning regulations made by the
airport authority pursuant to the provisions of this section may appeal
that decision in the same manner as that provided in section 305.575.

7. Any person, firm or corporation desiring to erect any structure or to
change any existing structure or to permit any noncompliance use in
variance of zoning regulations made pursuant to the provisions of this
section shall apply for permission to make such variance with the
authority. Such variances shall be allowed if a literal application or
enforcement of the regulations would result in practical difficulty or
unnecessary hardship and the relief granted would not be contrary to the
public interest but would do substantial justice and be in accordance
with the spirit of the regulations and the provisions of sections 305.500
to 305.585, but any variance shall be subject to such reasonable
conditions as the airport land use zoning board may deem necessary to
effectuate the purposes of this section. In granting any variance, the
authority shall require, and the person, firm, or corporation seeking the
variance shall install, operate and maintain thereon, at the expense of
said person, firm, or corporation seeking the variance, such
soundproofing, lights and protection as may be necessary to protect
people and the use of the land from objectionable and adverse aircraft
noise which may result from the variance. (L. 1972 H.B. 1341 § 17)

Effective 2-4-72

Any and all funds appropriated from the general revenue of the
state of Missouri to carry out the provisions of sections 305.500 to
305.585 shall be repaid to the state of Missouri from revenues, if any,
generated by the authority's operations. (L. 1972 H.B. 1341 § 18)

Effective 2-4-72

1. Sections 305.600 to 305.630 may be cited as the "Airport
Relocation Assistance Act".

2. Except as otherwise provided in sections 305.600 to 305.630,
displacing agencies shall comply with federal regulations promulgated by
the department of transportation under the Federal Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended.

3. "Displacing agencies" as used in sections 305.600 to 305.630 shall
mean those state, local and private entities which are using the power of
eminent domain to relocate persons from residential, business, farm or
other property for the construction or expansion of airports located
within a first class charter county and operated by a city not within a
county. (L. 1990 H.B. 1510 § 1)

Effective 6-14-90

1. Whenever a program or project to be undertaken by a
displacing agency will result in the displacement of any person from a
residence or business, the head of the displacing agency shall provide
for the following aid for the displaced person in addition to the
compensation required for the real estate:

(1) Actual reasonable expenses in moving himself, his family, business,
farm operation, or other personal property;

(2) Actual direct losses of tangible personal property as a result of
moving or discontinuing a business or farm operation, but not to exceed
an amount equal to the reasonable expenses that would have been required
to relocate such property;

(3) Actual reasonable expenses in searching for a replacement business or
farm; and

(4) Actual reasonable expenses necessary to reestablish a displaced farm,
nonprofit organization, or small business at its new site, but not to
exceed ten thousand dollars.

2. Any displaced person eligible for payments under subsection 1 of this
section may elect to receive an expense and dislocation allowance under
this subsection in lieu of the payments available under subsection 1 of
this section. The expense and dislocation allowance shall be determined
according to criteria and a schedule established by the United States
Department of Transportation.

3. The displacing agency may provide additional relocation payments to
utility facilities which incur extraordinary costs in connection with a
relocation as determined by federal law and regulations of the department
of transportation. (L. 1990 H.B. 1510 § 2)

Effective 6-14-90

1. In addition to payments otherwise authorized or required by
sections 305.600 to 305.630, the head of the displacing agency shall make
an additional payment not in excess of twenty-two thousand five hundred
dollars to any displaced person who is displaced from a dwelling actually
owned and occupied by such displaced person for not less than one hundred
eighty days prior to the initiation of negotiations for the acquisition
of the property. Such additional payment shall include the following
elements:

(1) The amount, if any, which when added to the acquisition cost of the
dwelling acquired by the displacing agency, equals the reasonable cost of
a comparable replacement dwelling;

(2) The amount, if any, which will compensate such displaced person for
any increased interest costs and other debt service costs which such
person is required to pay for financing the acquisition of any such
comparable replacement dwelling. Such amount shall be paid only if the
dwelling acquired by the displacing agency was encumbered by a bona fide
mortgage which was a valid lien on such dwelling for not less than one
hundred eighty days immediately prior to the initiation of negotiations
for the acquisition of such dwelling;

(3) Reasonable expenses incurred by such displaced person for evidence of
title, recording fees, and other closing costs incident to the purchase
of the replacement dwelling, but not including prepaid expenses.

2. The additional payment authorized by this section shall be made only
to a displaced person who purchases and occupies a decent, safe and
sanitary replacement dwelling within one year after the* date on which
such person receives final payment from the displacing agency for the
acquired dwelling or the date on which the displacing agency's obligation
under section 305.609 is met, whichever is later, except that the
displacing agency may extend such period for good cause. If such period
is extended, the payment under this section shall be based on the costs
of relocating the person to a comparable replacement dwelling within one
year of such date.

3. The head of any state agency may, upon application by a mortgagee,
insure any mortgage (including advances during construction) on a
comparable replacement dwelling executed by a displaced person under this
section, which mortgage is eligible for insurance under any state law
administered by such agency notwithstanding any requirements under such
law relating to age, physical condition, or other personal
characteristics of eligible mortgagors, and may make commitments for the
insurance of such mortgage prior to the date of execution of the
mortgage. (L. 1990 H.B. 1510 § 3)

Effective 6-14-90

*Word "this" appears in original rolls.

1. In addition to amounts otherwise authorized by sections
305.600 to 305.630, the head of a displacing agency shall make a payment
to or for any displaced person displaced from any dwelling not eligible
to receive a payment under section 305.606 which dwelling was actually
and lawfully occupied by such displaced person for not less than ninety
days immediately prior to:

(1) The initiation of negotiations for acquisition of such dwelling; or

(2) In any case in which displacement is not a direct result of
acquisition, such other event as the head of the United States Department
of Transportation shall prescribe. Such payment shall consist of the
amount necessary to enable such person to lease or rent for a period not
to exceed forty-two months, a comparable replacement dwelling, but not to
exceed five thousand two hundred fifty dollars. At the discretion of the
head of the displacing agency, a payment under this subsection may be
made in periodic installments. Computation of a payment under this
subdivision to a low-income displaced person for a comparable replacement
dwelling shall take into account such person's income.

2. Any person eligible for a payment under subsection 1 of this section
may elect to apply such payment to a down payment on, and other
incidental expenses pursuant to, the purchase of a decent, safe and
sanitary replacement dwelling. Any such person may, at the discretion of
the head of the displacing agency, be eligible under this subsection for
the maximum payment allowed under subsection 1 of this section, except
that, in the case of a displaced homeowner who has owned and occupied the
displacement dwelling for at least ninety days but not more than one
hundred eighty days immediately prior to the initiation of negotiations
for the acquisition of such dwelling, such payment shall not exceed the
payment such person would otherwise have received under section 305.606
had the person owned and occupied the displacement dwelling one hundred
eighty days immediately prior to the initiation of such negotiations. (L.
1990 H.B. 1510 § 4)

Effective 6-14-90

1. Programs or projects undertaken by a displacing agency shall
be planned in a manner that:

(1) Recognizes, at an early stage in the planning of such programs or
projects and before the commencement of any actions which will cause
displacements, the problems associated with the displacement of
individuals, families, businesses and farm operations; and

(2) Provides for the resolution of such problems in order to minimize
adverse impacts in displaced persons and to expedite program or project
advancement and completion.

2. The head of any displacing agency shall ensure that the relocation
assistance advisory services described in subsection 3 of this section
are made available to all persons displaced by such agency. If such
agency head determines that any person occupying property immediately
adjacent to the property where the displacing activity occurs has caused
substantial economic injury as a result thereof, the agency head may make
available to such person such advisory services.

3. Each relocation assistance advisory program required by subsection 2
of this section shall include such measures, facilities or services as
may be necessary or appropriate in order to:

(1) Determine, and make timely recommendations on, the needs and
preferences, if any, of displaced persons for relocation assistance;

(2) Provide current and continuing information on the availability, sales
prices and rental charges of comparable replacement dwellings for
displaced homeowners and tenants and suitable locations for businesses
and farm operations;

(3) Assure that a person shall not be required to move from a dwelling
unless the person has had a reasonable opportunity to relocate to a
comparable replacement dwelling.

4. The head of a displacing agency shall coordinate the relocation
activities performed by such agency with other federal, state or local
governmental actions in the community which could affect the efficient
and effective delivery of relocation assistance and related services.

5. In any case in which a displacing agency acquires property for a
program or project, any person who occupies such property on a rental
basis for a short term or a period subject to termination when the
property is needed for the program or project shall be eligible for
advisory services to the extent determined by the displacing agency. (L.
1990 H.B. 1510 § 5)

Effective 6-14-90

1. If a program or project undertaken by a displacing agency
cannot proceed on a timely basis because comparable replacement dwellings
are not available, and the head of the displacing agency determines that
such dwelling cannot otherwise be made available, the head of the
displacing agency may take such action as is necessary or* appropriate to
provide such dwellings by use of funds authorized for such project. The
head of the displacing agency may use this section to exceed the maximum
amounts which may be paid under section 305.606 on a case-by-case basis
for good cause as determined in accordance with such regulations as the
head of the lead agency shall issue.

2. No person shall be required to move from his dwelling on account of
any program or project undertaken by a federal agency or with federal
financial assistance, unless the head of the displacing agency is
satisfied that comparable replacement housing is available to such
person. (L. 1990 H.B. 1510 § 6)

Effective 6-14-90

*Word "to" appears in original rolls.

Each displacing agency must provide a written process for
administrative appeals of decisions made by that agency. (L. 1990 H.B.
1510 § 7)

Effective 6-14-90

The benefits provided by sections 305.603 to 305.615 shall not
be given in addition to similar benefits provided under federal law. (L.
1990 H.B. 1510 § 8)

Effective 6-14-90

To ensure adequate compensation for the negative financial and
emotional effects of a program or project undertaken by the displacing
agency, such displacing agency shall make an additional payment to a
displaced property owner who is eligible for payment under section
305.606 in an amount not to exceed one thousand dollars per parcel of
property over and above other compensation provided under state and
federal law. This additional payment shall be compensation for the time
expended by the displaced person in search of new housing. The
expenditure shall be paid by the displacing agency separate from and in
addition to other relocation assistance. (L. 1990 H.B. 1510 § 9)

Effective 6-14-90

1. A displacing agency shall clear every piece of residential
property which it acquires for relocation as soon as possible and not
later than ninety days following physical possession and the notification
from the utility companies of services disconnection.

2. The displacing agency shall grade the property it has acquired and
shall keep it in good condition by seeding and mowing the property. (L.
1990 H.B. 1510 § 10)

Effective 6-14-90

1. Any area surrounding an airport as defined in section 305.600
which is to be expanded, and which has a noise level rating of
seventy-five LDN or greater shall be purchased by the airport authority
or owner of such airport for purposes of noise mitigation within a
reasonable period of time after the determination of such noise level.
Noise level monitors shall be placed in locations surrounding the airport
in such a manner as to ensure that an accurate noise level reading may be
made in any given area, and such noise level monitors shall be maintained
in proper working condition. Upon the request of at least ten percent of
the residents of a neighborhood, the airport authority or other owner of
the airport shall install noise level monitors in such neighborhood and
maintain them in proper working condition, if any portion of such
neighborhood is located within three miles of the airport.

2. Whenever property is purchased or otherwise taken for airport use, as
required by subsection 1 of this section, or pursuant to any powers
authorized by law, a plan shall be prepared to establish a perimeter zone
of not less than one thousand feet distance from the proposed airport
boundary. Any area within one thousand feet from the proposed airport
boundary in which the noise level rating is less than sixty-five LDN may
be exempted or excluded from the perimeter zone required by this
subsection. Residences within this area shall be purchased by the airport
authority provided the majority of property owners agree to such a
purchase plan. Nothing in this subsection shall be deemed to prohibit any
airport buy out program that is agreed to by the residents of any area
involved in such a program or to prohibit any resident from requesting
the airport to purchase such resident's property for conditions other
than noise abatement. Whenever a perimeter zone of not less than one
thousand feet distance from the proposed airport boundary is established,
the owner of the airport shall landscape such buffer to provide a visual
barrier to air traffic activities and airport operation.

3. Any airport expansion which affects roads to any neighborhood shall
also provide for the relocation of such access roads, rather than simply
providing for the elimination of such access roads. Any airport expansion
which affects any highway which is maintained or regulated by the state
transportation department shall provide that the highway is to be
relocated and the costs of such relocation shall be the responsibility of
the airport authority or other owner of the airport, except that the cost
of an expansion of such highway may be shared by the transportation
department. Any such relocation shall be under the supervision of the
transportation department.

4. In any airport expansion performed pursuant to any powers authorized
by law, any land which is purchased for noise mitigation purposes shall
be developed so that existing structures no longer used for their
original purpose are demolished and the land is cleared of debris and
allowed to return to its natural condition within six months after such
property is vacated.

5. The airport authority or other owner of the airport shall file a plan
of its proposed expansion with the department of natural resources. The
department shall approve the proposed expansion plan if such plan will
not adversely affect the floodplain of any areas in the vicinity of the
airport to such a degree as to cause significant risk of damage from
floodwaters to any such area. (L. 1990 H.B. 1510 § 11, A.L. 1993 H.B. 710)

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