Missouri Statute | Act | Code |Roads And Waterways| US Code - US Statute | Chapter 238 Transportation Districts And Transportation Corporations

Within sixty days after October 13, 1965, the governor by and
with the advice and consent of the senate shall appoint three
commissioners to enter into a compact on behalf of the state of Missouri
with the state of Kansas. If the senate is not in session at the time for
making any appointment, the governor shall make a temporary appointment
as in case of a vacancy. Any two of the commissioners so appointed,
together with the attorney general of the state of Missouri, may act to
enter into the following compact:

COMPACT BETWEEN MISSOURI AND

KANSAS CREATING THE KANSAS CITY

AREA TRANSPORTATION DISTRICT

AND THE KANSAS CITY AREA

TRANSPORTATION AUTHORITY.

The States of Missouri and Kansas solemnly agree:

ARTICLE I

They agree to and pledge, each to the other, faithful cooperation in the
future planning and development of the Kansas City Area Transportation
District, holding in high trust for the benefit of its people and of the
Nation, the special blessings and natural advantages thereof.

ARTICLE II

To that end, the two States create a district to be known as the Kansas
City Area Transportation District (hereinafter referred to as "The
District"), which shall embrace the following territory: The Counties of
Cass, Clay, Jackson and Platte in Missouri, and the Counties of Johnson,
Leavenworth and Wyandotte in Kansas.

ARTICLE III

There is created the Kansas City Area Transportation Authority of the
Kansas City Area Transportation District (hereinafter referred to as the
"Authority"), which shall be a body corporate and politic and a political
subdivision of the States of Missouri and Kansas.

The Authority shall have the following powers:

(1) To acquire by gift, purchase or lease and to plan, construct, operate
and maintain, or to lease to others for operation and maintenance,
passenger transportation systems and facilities, either upon, above or
below the ground.

(2) To charge and collect fees and rents for use of the facilities owned
or operated by it.

(3) To contract and to be contracted with, and to sue and to be sued.

(4) To receive for its lawful activities any contributions or moneys
appropriated by municipalities, counties, or by the Federal Government or
any agency or officer thereof or from any other source.

(5) To disburse funds for its lawful activities and fix salaries and
wages of its officers and employees.

(6) To borrow money for the acquisition, planning, construction,
equipping, operation, maintenance, repair, extension, and improvement of
any facility which it has the power to own or to operate or to own and to
operate, and to issue the negotiable notes, bonds or other instruments in
writing of the Authority in evidence of the sum or sums to be borrowed.

(7) To issue negotiable refunding notes, bonds or other instruments in
writing for the purpose of refunding, extending or unifying the whole or
any part of its valid indebtedness from time to time outstanding, whether
evidenced by notes, bonds, or other instruments in writing, which
refunding notes, bonds or other instruments in writing shall not exceed
in amount the principal of the outstanding indebtedness to be refunded
and the accrued interest thereon to the date of such refunding.

(8) To provide that all negotiable notes, bonds and other instruments in
writing issued either pursuant to subdivision (6) or pursuant to
subdivision (7) hereof shall be payable, both as to principal and
interest, out of the revenues collected for the use of any facility or
combination of facilities owned or operated or owned and operated by the
Authority, or out of any other resources of the Authority, and may be
further secured by a mortgage or deed of trust upon any property owned by
the Authority. All notes, bonds or other instruments in writing issued by
the Authority as herein provided shall mature in not to exceed thirty
years from the date thereof, shall bear interest at a rate not exceeding
six percent per annum, and shall be sold for not less than ninety-five
percent of the par value thereof. The Authority shall have the power to
prescribe the details of such notes, bonds or other instruments in
writing, and of the issuance and sale thereof, and shall have the power
to enter into covenants with the holders of such notes, bonds or other
instruments in writing, not inconsistent with the powers herein granted
to the Authority, without further legislative authority.

(9) To condemn any and all rights or property, of any kind or character,
necessary for the purposes of the Authority, subject, however, to the
provisions of this compact; provided, however, that no property now or
hereafter vested in or held by either State or by any county, city,
village, township or other political subdivision, shall be taken by the
Authority without the authority or consent of such state, county, city,
village, township or other political subdivision. If the property to be
condemned be situated in the State of Kansas, the said Authority shall
follow the procedure of the Act of the State of Kansas providing for the
exercise of the right of eminent domain, and if the property to be
condemned be situated in the State of Missouri, the said Authority shall
follow the procedure provided by the laws of the State of Missouri for
the appropriation of land or other property taken for telegraph,
telephone or railroad rights-of-way.

(10) To petition any interstate commerce commission (or like body),
public service commission, public utilities commission (or like body), or
any other Federal, municipal, state or local authority, administrative,
judicial or legislative, having jurisdiction in the premises, for the
adoption of plans for and execution of any physical improvements, change
in method, rate of transportation, which, in the opinion of the
Authority, may be designed to improve or better the handling of commerce
in and through the District, or improve terminal and transportation
facilities therein. It may intervene in any proceeding affecting the
commerce of the District.

(11) To perform all other necessary and incidental functions; and to
exercise such additional powers as shall be conferred on it by the
Legislature of either State concurred in by the Legislature of the other
and by Act of Congress.

ARTICLE IV

Nothing contained in this compact shall impair the powers of any county,
municipality or other political subdivision to acquire, own, operate,
develop or improve any facility which the Authority is given the right
and power to own, operate, develop or improve.

Nothing herein shall impair or invalidate in any way bonded indebtedness
of either State or of any county, city, village, township or other
political subdivision, nor impair the provisions of law regulating the
payment into sinking funds of revenues derived from municipal property or
dedicating the revenues derived from any municipal property to a specific
purpose.

Unless and until otherwise provided, the Authority shall make an annual
report to the Governor of each State, setting forth in detail the
operations and transactions conducted by it pursuant to this compact and
any legislation thereunder.

ARTICLE V

The Authority shall consist of ten Commissioners, five of whom shall be
resident voters of the State of Missouri and five of whom shall be
resident voters of the State of Kansas. All Commissioners shall reside
within the District, the Missouri members to be chosen by the State of
Missouri and the Kansas members by the State of Kansas, in the manner and
for the terms fixed by the Legislature of each State except as herein
provided.

ARTICLE VI

The Authority shall elect from its number a chairman, a vice chairman,
and may appoint such officers and employees as it may require for the
performance of its duties, and shall fix and determine their
qualifications and duties.

Until otherwise determined by the Legislature of the two States, no
action of the Authority shall be binding unless taken at a meeting at
which at least three members from each State are present, and unless a
majority of the members from each State, present at such meeting, shall
vote in favor thereof.

The two States shall provide penalties for violations of any order, rule
or regulation of the Authority, and for the manner of enforcing same.

ARTICLE VII

The Authority is authorized and directed to proceed to carry out its
duties, functions and powers in accordance with the articles of this
compact as rapidly as may be economically practicable and is vested with
all necessary and appropriate powers not inconsistent with the
Constitution or the Laws of the United States or of either State, to
effectuate the same, except the power to levy taxes or assessments.

IN WITNESS THEREOF, we have hereunto set our hands and seals under
authority vested in us by law.

IN THE PRESENCE OF: .................. .................. (L. 1965 p. 376
§ 1)

(1972) Kansas City Area Transportation Authority is not a political
subdivision exercising governmental functions. Kansas City Area
Transportation Authority v. Ashley (Mo.), 478 S.W.2d 323.

The compact when signed by the signatories of each state as
herein provided shall become binding upon the state of Missouri and shall
be filed in the office of the secretary of state of Missouri. (L. 1965 p.
376 § 2)

The authority shall have power to apply to the Congress of the
United States for its consent and approval of the compact; but in the
absence of such consent of congress and until the same shall have been
secured, the compact shall be binding upon the state of Missouri in all
respects permitted by law for the two states of Missouri and Kansas
without the consent of congress to cooperate, for the purposes enumerated
in the compact, and in the manner provided therein. (L. 1965 p. 376 § 3)

All property, real and personal, owned or held by the Kansas
City area transportation authority, and all interest income derived from
any notes, bonds or other instruments in writing issued by said
authority, shall possess the same status, with respect to taxation in the
state of Missouri, as is now or may hereafter be possessed by property,
real and personal, owned or held by cities, with said state of Missouri,
and by the interest income derived from notes, bonds or other instruments
in writing issued by such cities. (L. 1965 p. 376 § 4)

Any notes, bonds or other instruments in writing issued by the
Kansas City area transportation authority pursuant to the provisions of
the aforesaid compact are hereby recognized to be securities in which all
state and municipal officers and bodies, all banks, bankers, trust
companies, savings banks, savings associations, building and loan
associations, investment companies, and all other persons carrying on a
banking business, all insurance companies, insurance associations, and
other persons carrying on an insurance business, and all administrators,
executors, guardians, trustees and other fiduciaries and all other
persons whatsoever who are now or who may hereafter be authorized to
invest in bonds or other obligations of state of Missouri may properly
and legally invest any funds, including capital, belonging to them, or
within their control; and the said obligations are hereby recognized as
securities which may properly and legally be deposited with and shall be
received by any state or municipal officer or agency for any purpose for
which the deposit of bonds or other obligations of this state is now or
may hereafter be authorized. (L. 1965 p. 376 § 5)

1. There shall be five commissioners of the Kansas City area
transportation authority appointed from within the district established
by the compact between the states of Missouri and Kansas. One
commissioner each shall be appointed from Cass, Platte and Clay counties.
One commissioner shall be appointed from a part of Jackson County other
than that part of such county that is within the city of Kansas City, and
one commissioner shall be appointed from the city of Kansas City. The
commissioners serving on August 28, 2000, shall serve the remainder of
the term for which they were appointed.

2. Within sixty days before the expiration of the term of each
commissioner holding office on August 28, 2000, or any commissioner
holding office after August 28, 2000, or within thirty days after the
position of a commissioner shall become vacant, that commissioner's
successor shall be appointed as follows:

(1) If the current commissioner or the position which has become vacant
was appointed from Platte or Clay County, the county commission of the
county shall submit a panel of three persons who are residents of that
county and of any city, town or village, including the city of Kansas
City, Missouri, that has appropriated funds for operations of the Kansas
City area transportation authority in its current or immediately
preceding fiscal year, selected by a majority vote of the commission, to
the mayor of Kansas City, Missouri, who shall appoint with the approval
of a majority of the members of the city council of the city of Kansas
City, Missouri, a successor;

(2) If the current commissioner or the position which has become vacant
was appointed from Cass County, the county commission of the county
shall, by a majority vote, submit a panel of three persons who are
residents of the county to the governor. Within thirty days of
submission, the governor shall appoint one person from the panel as
commissioner, with the advice and consent of the senate; provided that,
if any panel is not submitted to the governor by the time appointment is
required, the governor shall appoint a qualified person meeting the
residency requirements to fill the vacancy;

(3) If the current commissioner or the position which has become vacant
was appointed from Jackson County, the county executive of Jackson County
shall appoint a successor who shall be a resident of any city, town or
village, other than the city of Kansas City, Missouri, that has
appropriated funds for operations of the Kansas City area transportation
authority in its current or immediately preceding fiscal year;

(4) If the current commissioner or the position which has become vacant
was appointed from Kansas City, Missouri, the mayor of Kansas City,
Missouri, shall appoint a successor who is a resident of that city.

3. Each commissioner appointed pursuant to this section shall hold office
for a term of four years or for the unexpired term of his or her
predecessor and shall continue in office until his or her successor has
been appointed and has qualified. No person shall serve more than two
consecutive four-year terms as a commissioner, provided that a person
appointed to serve the unexpired term of a predecessor whose remaining
term at the time of such appointment is more than two and one-half years
shall only be permitted to serve one additional, consecutive four-year
term. (L. 1965 p. 380 §§ 1, 3, A.L. 2000 S.B. 881)

All commissioners so appointed shall be qualified voters of the
state of Missouri and shall reside within the district established by the
compact and within the county or city from which appointed. No
commissioner shall have a direct or indirect financial interest in any
property acquired by the Kansas City area transportation authority. (L.
1965 p. 380 § 2)

The compensation of the commissioners to be paid by the
authority shall be determined by the commissioners, provided that the
compensation of each commissioner shall not exceed the sum of one
thousand two hundred dollars per annum. In addition, the commissioners
shall be reimbursed by the authority for the actual and necessary
expenses incurred in the performance of their duties. (L. 1965 p. 380 § 4)

The commissioners shall have the powers and duties and be
subject to the limitations provided for in the compact entered into
between the two states and, together with five commissioners from the
state of Kansas, shall form the "Kansas City Area Transportation
Authority". (L. 1965 p. 380 § 5)

In further effectuation of that certain compact between the
states of Missouri and Kansas heretofore made and entered into on
December 28, 1965, the Kansas City area transportation authority of the
Kansas City area transportation district, created by and under the
aforesaid compact, is authorized to exercise the following powers in
addition to those heretofore expressly authorized by the aforesaid
compact:

(1) To make all appointments and employ all its officers, agents and
employees, determine their qualifications and duties and fix their
compensation;

(2) To deal with and enter into written contracts with the employees of
the authority through accredited representatives of such employees or
representatives of any labor organization authorized to act for such
employees, concerning wages, salaries, hours, working conditions, pension
or retirement provisions, and insurance benefits;

(3) To provide for the retirement and pensioning of its officers and
employees and the widows and children of the deceased officers and
employees, and to provide for paying benefits upon disability or death of
its officers and employees and to make payments from its funds to provide
for said retirements, pensions and death or disability benefits. (L. 1967
p. 354 § 1)

Sections 238.200 to 238.275 shall be known as the "Missouri
Transportation Development District Act". (L. 1990 S.B. 479 & 649 § 35)

Effective 5-30-90

1. As used in sections 238.200 to 238.275, the following terms
mean:

(1) "Board", the board of directors of a district;

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

(3) "District", a transportation development district organized under
sections 238.200 to 238.275;

(4) "Local transportation authority", a county, city, town, village,
county highway commission, special road district, interstate compact
agency, or any local public authority or political subdivision having
jurisdiction over any bridge, street, highway, dock, wharf, ferry, lake
or river port, airport, railroad, light rail or other transit improvement
or service;

(5) "Project" includes any bridge, street, road, highway, access road,
interchange, intersection, signing, signalization, parking lot, bus stop,
station, garage, terminal, hangar, shelter, rest area, dock, wharf, lake
or river port, airport, railroad, light rail, or other mass transit and
any similar or related improvement or infrastructure.

2. For the purposes of sections 11(c), 16 and 22 of article X of the
Constitution of Missouri, section 137.073, RSMo, and as used in sections
238.200 to 238.275, the following terms shall have the meanings given:

(1) "Approval of the required majority" or "direct voter approval", a
simple majority;

(2) "Qualified electors", "qualified voters" or "voters", if any persons
eligible to be registered voters reside within the proposed district,
such persons who have registered to vote pursuant to chapter 115, RSMo,
or if no persons eligible to be registered voters reside within the
proposed district, the owners of real property located within the
proposed district;

(3) "Registered voters", persons qualified and registered to vote
pursuant to chapter 115, RSMo. (L. 1990 S.B. 479 & 649 § 36, A.L. 1997
S.B. 303)

1. A district may be created to fund, promote, plan, design,
construct, improve, maintain, and operate one or more projects or to
assist in such activity.

2. A district is a political subdivision of the state. (L. 1990 S.B. 479
& 649 § 37)

Effective 5-30-90

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

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

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

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

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

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

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

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

(3) In the case of a district created pursuant to subsection 5 of this
section, property separated only by public streets, easements, or
rights-of-way or connected by a single public street, easement, or right-
of-way shall be considered contiguous.

4. The petition shall set forth:

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

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

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

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

(5) The name of the proposed district;

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

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

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

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

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

5. (1) As an alternative to the methods described in subsections 1 and 2
of this section, if two or more local transportation authorities have
adopted resolutions calling for the joint establishment of a district,
the governing body of any one such local transportation authority may
file a petition in the circuit court of any county in which the proposed
project is located requesting the creation of a district.

(2) The proposed district area shall be contiguous and may contain all or
any portion of one or more municipalities and counties. Property
separated only by public streets, easements, or rights-of-way or
connected by a single public street, easement, or right-of-way shall be
considered contiguous.

(3) The petition shall set forth:

(a) That the petitioner is the governing body of a local transportation
authority acting in its official capacity;

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

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

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

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

(f) The name of the proposed district;

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

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

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

(j) A statement that the proposed district shall not be an undue burden
on any owner of property within the district and is not unjust or
unreasonable. (L. 1990 S.B. 479 & 649 § 38, A.L. 1997 S.B. 303, A.L. 2001
H.B. 202, A.L. 2002 S.B. 891, A.L. 2003 H.B. 668)

The owners of property adjacent to a transportation district
formed under the Missouri transportation development district act may
petition the court by unanimous petition to add their property to the
district. If the property owners within the transportation development
district unanimously approve of the addition of property, the adjacent
properties in the petition shall be added to the district. Any property
added under this section shall be subject to all projects, taxes, and
special assessments in effect as of the date of the court order adding
the property to the district. The owners of the added property shall be
allowed to vote at the next election scheduled for the district to fill
vacancies on the board and on any other question submitted to them by the
board under this chapter. The owners of property added under this section
shall have one vote per acre in the same manner as provided in
subdivision (2) of subsection 2 of section 238.220. (L. 2004 H.B. 1107)

1. Within thirty days after the petition is filed, the circuit
court clerk shall serve a copy of the petition on the respondents who
shall have thirty days after receipt of service to file an answer stating
agreement with or opposition to the creation of the district. If any
respondent files its answer opposing the creation of the district, it
shall recite legal reasons why the petition is defective, why the
proposed district is illegal or unconstitutional, or why the proposed
method for funding the district is illegal or unconstitutional. The
respondent shall ask the court for a declaratory judgment respecting
these issues. The answer of each respondent shall be served on each
petitioner and every other respondent named in the petition. Any
resident, taxpayer, any other entity, or any local transportation
authority within the proposed district may join in or file a petition
supporting or answer opposing the creation of the district and seeking a
declaratory judgment respecting these same issues within thirty days
after the date notice is last published by the circuit clerk.

2. The court shall hear the case without a jury. If the court shall
thereafter determine the petition is defective or the proposed district
is illegal or unconstitutional, or shall be an undue burden on any owner
of property within the district or is unjust and unreasonable, it shall
enter its declaratory judgment to that effect and shall refuse to make
the certifications requested in the pleadings. If the court determines
that any proposed funding method is illegal or unconstitutional, it shall
enter its judgment striking that funding method in whole or part. If the
court determines the petition is not legally defective and the proposed
district and method of funding are neither illegal nor unconstitutional,
the court shall enter its judgment to that effect. If the petition was
filed by registered voters or by a governing body, the court shall then
certify the questions regarding district creation, project development,
and proposed funding for voter approval. If the petition was filed by a
governing body pursuant to subsection 5 of section 238.207, the court
shall then certify the single question regarding district creation,
project development, and proposed funding for voter approval. If the
petition was filed by the owners of record of all of the real property
located within the proposed district, the court shall declare the
district organized and certify the funding methods stated in the petition
for qualified voter approval; provided, however, the funding method of
special assessments may also be approved as provided in subsection 1 of
section 238.230. In either case, if no objections to the petition are
timely filed, the court may make such certifications based upon the
pleadings before it without any hearing.

3. Any party having filed an answer or petition may appeal the circuit
court's order or declaratory judgment in the same manner provided for
other appeals. (L. 1990 S.B. 479 & 649 § 39, A.L. 1997 S.B. 303, A.L.
2003 H.B. 668)

1. If the petition was filed by registered voters or by a
governing body, the circuit clerk in whose office the petition was filed
shall give notice to the public by causing one or more newspapers of
general circulation serving the counties or portions thereof contained in
the proposed district to publish once a week for four consecutive weeks a
notice substantially in the following form:

NOTICE OF PETITION TO SUBMIT TO A

POPULAR VOTE THE CREATION AND

FUNDING OF A TRANSPORTATION

DEVELOPMENT DISTRICT

Notice is hereby given to all persons residing or owning property in
(here specifically describe the proposed district boundaries), within the
state of Missouri, that a petition has been filed asking that upon voter
approval, a transportation development district by the name of
"................. Transportation Development District" be formed for the
purpose of developing the following transportation project: (here
summarize the proposed transportation project or projects). The petition
also requests voter approval of the following method(s) of funding the
district, which (may) (shall not) increase the total taxes imposed within
the proposed district: (describe the proposed funding methods). A copy of
this petition is on file and available at the office of the clerk of the
circuit court of ............. County, located at .................,
Missouri. You are notified to join in or file your own petition
supporting or answer opposing the creation of the transportation
development district and requesting a declaratory judgment, as required
by law, no later than the ............ day of .............., 20.. . You
may show cause, if any there be, why such petition is defective or
proposed transportation development district or its funding method, as
set forth in the petition, is illegal or unconstitutional and should not
be submitted for voter approval at a general, primary or special election
as directed by this court.
.................................................................
................................................. Clerk of the Circuit
Court of ........................ County

2. The circuit court may also order a public hearing on the question of
the creation and funding of the proposed district, if it deems such
appropriate, under such terms and conditions as it deems appropriate. If
a public hearing is ordered, notice of the time, date and place of the
hearing shall also be given in the notice specified in subsection 1 of
this section. (L. 1990 S.B. 479 & 649 § 40, A.L. 1997 S.B. 303)

1. If the circuit court certifies the petition for voter
approval, it shall call an election pursuant to section 238.216.

2. At such election for voter approval of the qualified voters, the
questions shall be submitted in substantially the following form:

Shall there be organized in (here specifically describe the proposed
district boundaries), within the state of Missouri, a transportation
development district, to be known as the "................ Transportation
Development District" for the purpose of developing the following
transportation project: (here summarize the proposed project or projects
and require each voter to approve or disapprove of each project) and have
the power to fund the proposed project upon separate voter approval by
any or all of the following methods: (here specifically describe the
proposed funding methods and require each voter to approve or disapprove
of each proposed funding method)?

3. (1) If the petition was filed pursuant to subsection 5 of section
238.207 and the district desires to impose a sales tax as the only
proposed funding mechanism, at such election for voter approval of the
qualified voters, the question shall be submitted in substantially the
following form:

Shall there be organized in (here specifically describe the proposed
district boundaries), within the state of Missouri, a transportation
development district, to be known as the "........... Transportation
Development District" for the purpose of developing the following
transportation project: (here summarize the proposed project or projects)
and be authorized to impose a transportation development district-wide
sales tax at the rate of ....... (insert amount) for a period of .......
(insert number) years from the date on which such tax is first imposed
for the purpose of funding the transportation project or projects?

(2) If the petition was filed pursuant to subsection 5 of section 238.207
and the district desires to impose a funding mechanism other than a sales
tax, at such election for voter approval of the qualified voters, the
question shall be submitted in substantially the form set forth in
subsection 2 of this section and the proposed funding mechanism shall
require separate voter approval at a subsequent election.

4. The results of the election shall be entered upon the records of the
circuit court of the county in which the petition was filed. Also, a
certified copy thereof shall be filed with the county clerk of each
county in which a portion of the proposed district lies, who shall cause
the same to be spread upon the records of the county commission. If the
results show that a majority of the votes cast by the qualified voters
were in favor of organizing the transportation development district, the
circuit court having jurisdiction of the matter shall declare the
district organized and certify the funding methods approved by the
qualified voters. If the results show that less than a majority of the
votes cast by the qualified voters were in favor of the organization of
the district, the circuit court shall declare that the question has
failed to pass, and the same question shall not be again submitted for
voter approval for two years.

5. Notwithstanding the foregoing, if the election was held pursuant to
subsection 3 of this section, the results of the election shall be
entered upon the records of the circuit court of the county in which the
petition was filed. Also, a certified copy thereof shall be filed with
the county clerk of each county in which a portion of the proposed
district lies. If the results show that a majority of the votes cast by
the qualified voters were in favor of the proposition, the circuit court
having jurisdiction of the matter shall declare the district organized
and the funding methods approved by the qualified voters to be in effect.
If the results show that less than a majority of the votes cast by the
qualified voters were in favor of the proposition, the circuit court
shall declare that the question has failed to pass. A new petition shall
be filed pursuant to subsection 5 of section 238.207 prior to the
question being again submitted for voter approval. (L. 1990 S.B. 479 &
649 § 41, A.L. 1997 S.B. 303, A.L. 2003 H.B. 668)

1. Except as otherwise provided in section 238.220 with respect
to the election of directors, in order to call any election required or
allowed under sections 238.200 to 238.275, the circuit court shall:

(1) Order the county clerk to cause the questions to appear on the ballot
on the next regularly scheduled general, primary or special election day,
which date shall be the same in each county or portion of a county
included within and voting upon the proposed district;

(2) If the election is to be a mail-in election, specify a date on which
ballots for the election shall be mailed, which date shall be a Tuesday,
and shall be not earlier than the eighth Tuesday from the issuance of the
order, and shall not be on the same day as an election conducted under
the provisions of chapter 115, RSMo; or

(3) If all the owners of property in the district joined in the petition
for formation of the district, such owners may cast their ballot by
unanimous verified petition approving any measure submitted to them as
voters pursuant to this chapter. Each owner shall receive one vote per
acre owned. Fractional votes shall be allowed. The verified petition
shall be filed with the circuit court clerk. The filing of a unanimous
petition shall constitute an election under sections 238.200 to 238.275
and the results of said election shall be entered pursuant to subsection
6 of this section.

2. Application for a ballot shall be conducted as follows:

(1) Only qualified voters shall be entitled to apply for a ballot;

(2) Such persons shall apply with the clerk of the circuit court in which
the petition was filed;

(3) Each person applying shall provide:

(a) Such person's name, address, mailing address, and phone number;

(b) An authorized signature; and

(c) Evidence that such person is entitled to vote. Such evidence shall be:

a. For resident individuals, proof of registration from the election
authority;

b. For owners of real property, a tax receipt or deed or other document
which evidences ownership, and identifies the real property by location;

(4) No person shall apply later than the fourth Tuesday before the date
for mailing ballots specified in the circuit court's order.

3. If the election is to be a mail-in election, the circuit court shall
mail a ballot to each qualified voter who applied for a ballot pursuant
to subsection 2 of this section along with a return addressed envelope
directed to the circuit court clerk's office with a sworn affidavit on
the reverse side of such envelope for the voter's signature. Such
affidavit shall be in the following form:

I hereby declare under penalties of perjury that I am qualified to vote,
or to affix my authorized signature in the name of an entity which is
entitled to vote, in this election.

Subscribed and sworn to before me this .......... day
of...................., 20.......

..............................

Authorized Signature ............................
............................ Printed Name of Voter Signature of notary or
other

officer authorized to

administer oaths. ............................ Mailing Address of Voter
(if different)

4. Except as otherwise provided in subsection 2 of section 238.220, with
respect to the election of directors, each qualified voter shall have one
vote. Each voter which is not an individual shall determine how to cast
its vote as provided for in its articles of incorporation, articles of
organization, articles of partnership, bylaws, or other document which
sets forth an appropriate mechanism for the determination of the entity's
vote. If a voter has no such mechanism, then its vote shall be cast as
determined by a majority of the persons who run the day-to-day affairs of
the voter. Each voted ballot shall be signed with the authorized
signature.

5. Mail-in voted ballots shall be returned to the circuit court clerk's
office by mail or hand delivery no later than 5:00 p.m. on the sixth
Tuesday after the date for mailing the ballots as set forth in the
circuit court's order. The circuit court's clerk shall transmit all voted
ballots to a team of judges of not less than four, with an equal number
from each of the two major political parties. The judges shall be
selected by the circuit court from lists compiled by the election
authority. Upon receipt of the voted ballots, the judges shall verify the
authenticity of the ballots, canvass the votes, and certify the results.
Certification by the election judges shall be final and shall be
immediately transmitted to the circuit court. Any qualified voter who
voted in such election may contest the result in the same manner as
provided in chapter 115, RSMo.

6. The results of the election shall be entered upon the records of the
circuit court of the county in which the petition was filed. Also, a
certified copy thereof shall be filed with the county clerk of each
county in which a portion of the proposed district lies, who shall cause
the same to be spread upon the records of the county commission. (L. 1997
S.B. 303, A.L. 2001 H.B. 202, A.L. 2005 S.B. 420 & 344)

The costs of filing and defending the petition and all
publication and incidental costs incurred in obtaining circuit court
certification of the petition for voter approval shall be paid by the
petitioners. If a district is organized under sections 238.200 to
238.275, the petitioners may be reimbursed for such costs out of the
revenues received by the district. (L. 1990 S.B. 479 & 649 § 42)

Effective 5-30-90

1. Notwithstanding anything to the contrary contained in section
238.216, if any persons eligible to be registered voters reside within
the district the following procedures shall be followed:

(1) After the district has been declared organized, the court shall upon
petition of any interested person order the county clerk to cause an
election to be held in all areas of the district within one hundred
twenty days after the order establishing the district, to elect the
district board of directors which shall be not less than five nor more
than fifteen;

(2) Candidates shall pay the sum of five dollars as a filing fee to the
county clerk and shall file with the election authority of such county a
statement under oath that he or she possesses all of the qualifications
set out in this section for a director. Thereafter, such candidate shall
have his or her name placed on the ballot as a candidate for director;

(3) The director or directors to be elected shall be elected at large.
The candidate receiving the most votes from qualified voters shall be
elected to the position having the longest term, the second highest total
votes elected to the position having the next longest term, and so forth.
Each initial director shall serve the one-, two- or three-year term to
which he or she was elected, and until a successor is duly elected and
qualified. Each successor director shall serve a three-year term. The
directors shall nominate and elect an interim director to complete any
unexpired term of a director caused by resignation or disqualification;
and

(4) Each director shall be a resident of the district. Directors shall be
registered voters at least twenty-one years of age.

2. Notwithstanding anything to the contrary contained in section 238.216,
if no persons eligible to be registered voters reside within the
district, the following procedures shall apply:

(1) Within thirty days after the district has been declared organized,
the circuit clerk of the county in which the petition was filed shall,
upon giving notice by causing publication to be made once a week for two
consecutive weeks in a newspaper of general circulation in the county,
the last publication of which shall be at least ten days before the day
of the meeting required by this section, call a meeting of the owners of
real property within the district at a day and hour specified in a public
place in the county in which the petition was filed for the purpose of
electing a board of not less than five and not more than fifteen
directors, to be composed of owners or representatives of owners of real
property in the district; provided that, if all the owners of property in
the district joined in the petition for formation of the district, such
meeting may be called by order of the court without further publication;

(2) The property owners, when assembled, shall organize by the election
of a chairman and secretary of the meeting who shall conduct the
election. At the election, each acre of real property within the district
shall represent one share, and each owner may have one vote in person or
by proxy for every acre of real property owned by such person within the
district;

(3) The one-third of the initial board members receiving the most votes
shall be elected to positions having a term of three years. The one-third
of initial board members receiving the next highest number of votes shall
be elected to positions having a term of two years. The lowest one-third
of initial board members receiving sufficient votes shall be elected to
positions having a term of one year. Each initial director shall serve
the term to which he or she was elected, and until a successor is duly
elected and qualified. Successor directors shall be elected in the same
manner as the initial directors at a meeting of the real property owners
called by the board. Each successor director shall serve a three-year
term. The directors shall nominate and elect an interim director to
complete any unexpired term of a director caused by resignation or
disqualification;

(4) Directors shall be at least twenty-one years of age.

3. Notwithstanding any provision of section 238.216 and this section to
the contrary, if the petition for formation of the district was filed
pursuant to subsection 5 of section 238.207, the following procedures
shall be followed:

(1) If the district is comprised of four or more local transportation
authorities, the board of directors shall consist of the presiding
officer of each local transportation authority within the district. If
the district is comprised of two or three local transportation
authorities, the board of directors shall consist of the presiding
officer of each local transportation authority within the district and
one person designated by the governing body of each local transportation
authority within the district;

(2) Each director shall be at least twenty-one years of age and a
resident or property owner of the local transportation authority the
director represents. A director designated by the governing body of a
local transportation authority may be removed by such governing body at
any time with or without cause; and

(3) Upon the assumption of office of a new presiding officer of a local
transportation authority, such individual shall automatically succeed his
predecessor as a member of the board of directors. Upon the removal,
resignation or disqualification of a director designated by the governing
body of a local transportation authority, such governing body shall
designate a successor director.

4. The commission shall appoint one or more advisors to the board, who
shall have no vote but shall have the authority to participate in all
board meetings and discussions, whether open or closed, and shall have
access to all records of the district and its board of directors.

5. If the proposed project is not intended to be merged into the state
highways and transportation system under the commission's jurisdiction,
the local transportation authority that will assume maintenance of the
project shall appoint one or more advisors to the board of directors who
shall have the same rights as advisors appointed by the commission.

6. Any county or counties located wholly or partially within the district
which is not a "local transportation authority" pursuant to subdivision
(4) of subsection 1 of section 238.202 may appoint one or more advisors
to the board who shall have the same rights as advisors appointed by the
commission. (L. 1990 S.B. 479 & 649 § 43, A.L. 1997 S.B. 303, A.L. 2001
H.B. 202, A.L. 2003 H.B. 668)

1. The board shall possess and exercise all of the district's
legislative and executive powers.

2. Within thirty days after the election of the initial directors or the
selection of the initial directors pursuant to subsection 3 of section
238.220, the board shall meet. The time and place of the first meeting of
the board shall be designated by the court that heard the petition upon
the court's own initiative or upon the petition of any interested person.
At its first meeting and after each election of new board members or the
selection of the initial directors pursuant to subsection 3 of section
238.220 the board shall elect a chairman from its members.

3. The board shall appoint an executive director, district secretary,
treasurer and such other officers or employees as it deems necessary.

4. At the first meeting, the board, by resolution, shall define the first
and subsequent fiscal years of the district, and shall adopt a corporate
seal.

5. A simple majority of the board shall constitute a quorum. If a quorum
exists, a majority of those voting shall have the authority to act in the
name of the board, and approve any board resolution.

6. Each director shall devote such time to the duties of the office as
the faithful discharge thereof may require and may be reimbursed for his
actual expenditures in the performance of his duties on behalf of the
district. (L. 1990 S.B. 479 & 649 § 44, A.L. 2003 H.B. 668)

1. Before construction or funding of any project, the district
shall submit the proposed project, together with the proposed plans and
specifications, to the commission for its prior approval of the project.
If the commission by minute finds that the project will improve or is a
necessary or desirable extension of the state highways and transportation
system, the commission may approve the project subject to the district
making any revisions in the plans and specifications required by the
commission and the district and commission entering into a mutually
satisfactory agreement regarding development and future maintenance of
the project. After the commission approves the final construction plans
and specifications, the district shall obtain prior commission approval
of any modification of such plans or specifications.

2. If the proposed project is not intended to be merged into the state
highways and transportation system under the commission's jurisdiction,
the district shall also submit the proposed project and proposed plans
and specifications to the local transportation authority that will become
the owner of the project for its prior approval.

3. In those instances where a local transportation authority is required
to approve a project and the commission determines that it has no direct
interest in that project, the commission may decline to consider the
project. Approval of the project shall then vest exclusively with the
local transportation authority subject to the district making any
revisions in the plans and specifications required by the local
transportation authority and the district and the local transportation
authority entering into a mutually satisfactory agreement regarding
development and future maintenance of the project. After the local
transportation authority approves the final construction plans and
specifications, the district shall obtain prior approval of the local
transportation authority before modifying such plans or specifications.
(L. 1990 S.B. 479 & 649 § 45)

Effective 5-30-90

1. A district may use any one or more of the taxes or other
funding methods specifically authorized by sections 238.200 to 238.275 to
fund a project.

2. At any time during the existence of the district the board may submit
or resubmit a proposed funding method authorized by sections 238.200 to
238.275 for a project to the qualified voters for approval.

3. The commission may by contract with a district receive any revenue
received by the district from any funding method authorized by sections
238.200 to 238.275. Such revenue shall be deposited by the commission
pursuant to section 227.180, RSMo, and applied by the commission to
project costs including debt service on revenue bonds or refunding bonds
issued by the district or the commission under sections 238.200 to
238.275.

4. If the proposed project is not intended to be merged into the state
highways and transportation system under the commission's jurisdiction,
the local transportation authority that will assume maintenance of the
project may by contract with a district receive any revenue received by
the district and deposit such revenue in a special trust account. Such
revenue and interest therefrom shall be applied by the local
transportation authority to project costs or debt service on revenue
bonds issued by the district or the local transportation authority
pursuant to sections 238.200 to 238.275. (L. 1990 S.B. 479 & 649 § 46,
A.L. 1997 S.B. 303)

1. If approved by:

(1) A majority of the qualified voters voting on the question in the
district; or

(2) The owners of record of all of the real property located within the
district who shall indicate their approval by signing a special
assessment petition; the district may make one or more special
assessments for those project improvements which specially benefit the
properties within the district. Improvements which may confer special
benefits within a district include but are not limited to improvements
which are intended primarily to serve traffic originating or ending
within the district, to reduce local traffic congestion or circuity of
travel, or to improve the safety of motorists or pedestrians within the
district.

2. The ballot question shall be substantially in the following form:

Shall the ............... Transportation Development District be
authorized to levy special assessments against property benefited within
the district for the purpose of providing revenue for the development of
a project (or projects) in the district (insert general description of
the project or projects, if necessary), said special assessments to be
levied ratably against each tract, lot or parcel of property within the
district which is benefited by such project in proportion to the (insert
method of allocating special assessments), in an amount not to exceed $
.......... per annum per (insert unit of measurement)?

3. The special assessment petition shall be substantially in the
following form:

The ................................. Transportation Development District
shall be authorized to levy special assessments against property
benefited within the district for the purpose of providing revenue for
the development of a project (or projects) in the district (insert
general description of the project or projects, if necessary), said
special assessments to be levied pro rata against each tract, lot or
parcel or property within the district which is benefited by such project
in proportion to the (insert method of allocating special assessments),
in an amount not to exceed $...... per annum per (insert unit of
measurement).

4. If a proposal for making a special assessment fails, the district
board of directors may, with the prior approval of the commission or the
local transportation authority which will assume ownership of the
completed project, delete from the project any portion which was to be
funded by special assessment and which is not otherwise required for
project integrity. (L. 1990 S.B. 479 & 649 § 47, A.L. 1997 S.B. 303)

1. If approved by at least four-sevenths of the qualified voters
voting on the question in the district, the district may impose a
property tax in an amount not to exceed the annual rate of ten cents on
the hundred dollars assessed valuation. The district board may levy a
property tax rate lower than its approved tax rate ceiling and may
increase that lowered tax rate to a level not exceeding the tax rate
ceiling without voter approval. The property tax shall be uniform
throughout the district.

2. The ballot of submission shall be substantially in the following form:

Shall the .......... Transportation Development District impose a
property tax upon all real and tangible personal property within the
district at a rate of not more than .......... (insert amount) cents per
hundred dollars assessed valuation for the purpose of providing revenue
for the development of a project (or projects) in the district (insert
general description of the project or projects, if necessary)?

[ ] YES [ ] NO

If you are in favor of the question, place an "X" in the box opposite
"YES". If you are opposed to the question, place an "X" in the box
opposite "NO".

3. The county collector of each county in which the district is partially
or entirely located shall collect the property taxes and special benefit
assessments made upon all real property and tangible personal property
within that county and the district, in the same manner as other property
taxes are collected.

4. Every county collector having collected or received district property
taxes shall, on or before the fifteenth day of each month and after
deducting his commissions, remit to the treasurer of that district the
amount collected or received by him prior to the first day of the month.
Upon receipt of such money, the district treasurer shall execute a
receipt therefor, which he shall forward or deliver to the collector. The
district treasurer shall deposit such sums into the district treasury,
credited to the appropriate project or purpose. The collector and
district treasurer shall make final settlement of the district account
and commissions owing, not less than once each year, if necessary. (L.
1990 S.B. 479 & 649 § 48, A.L. 1997 S.B. 303)

1. The county collector of each county in which the district is
located shall collect the real property taxes and special assessments
made upon all real property within that county and district, in the same
manner as other real property taxes are collected. If the special
assessment is based on something other than the assessed value of real
property, the district shall provide the information on which such
special assessment is based for all applicable real property. In
addition, the city treasurer of the city in which the district is located
shall collect business license taxes imposed by the district in the same
manner as other business license taxes, if any, are collected.

2. Every county collector and city treasurer having collected or received
district assessments or taxes shall, on or before the fifteenth day of
each month and after deducting the cost of such collection but not to
exceed one percent of the total amount collected, remit to the treasurer
of that district the amount collected or received by him or her prior to
the first day of such month. Upon receipt of such money, the district
treasurer shall execute a receipt therefor, which he or she shall forward
or deliver to the county collector or city treasurer which collected such
money. The district treasurer shall deposit such sums into the district
treasury, credited to the appropriate fund or account. The county
collector or city treasurer, and district treasurer shall make final
settlement of the district account and costs owing not less than once
each year, if necessary.

3. As an alternative to the method of collection set forth in subsections
2 and 3 of this section, the district may elect to collect any such
special assessments, real property taxes or business license taxes on its
own behalf. (L. 1997 S.B. 303)

1. (1) Any transportation development district may by resolution
impose a transportation development district sales tax on all retail
sales made in such transportation development district which are subject
to taxation pursuant to the provisions of sections 144.010 to 144.525,
RSMo, except such transportation development district sales tax shall not
apply to the sale or use of motor vehicles, trailers, boats or outboard
motors nor to all sales of electricity or electrical current, water and
gas, natural or artificial, nor to sales of service to telephone
subscribers, either local or long distance. Such transportation
development district sales tax may be imposed for any transportation
development purpose designated by the transportation development district
in its ballot of submission to its qualified voters, except that no
resolution enacted pursuant to the authority granted by this section
shall be effective unless:

(a) The board of directors of the transportation development district
submits to the qualified voters of the transportation development
district a proposal to authorize the board of directors of the
transportation development district to impose or increase the levy of an
existing tax pursuant to the provisions of this section; or

(b) The voters approved the question certified by the petition filed
pursuant to subsection 5 of section 238.207.

(2) If the transportation district submits to the qualified voters of the
transportation development district a proposal to authorize the board of
directors of the transportation development district to impose or
increase the levy of an existing tax pursuant to the provisions of
paragraph (a) of subdivision (1) of this subsection, the ballot of
submission shall contain, but need not be limited to, the following
language:

Shall the transportation development district of ............
(transportation development district's name) impose a transportation
development district-wide sales tax at the rate of .......... (insert
amount) for a period of .......... (insert number) years from the date on
which such tax is first imposed for the purpose of .......... (insert
transportation development purpose)?

[ ] YES [ ] NO

If you are in favor of the question, place an "X" in the box opposite
"YES". If you are opposed to the question, place an "X" in the box
opposite "NO".

If a majority of the votes cast on the proposal by the qualified voters
voting thereon are in favor of the proposal, then the resolution and any
amendments thereto shall be in effect. If a majority of the votes cast by
the qualified voters voting are opposed to the proposal, then the board
of directors of the transportation development district shall have no
power to impose the sales tax authorized by this section unless and until
the board of directors of the transportation development district shall
again have submitted another proposal to authorize it to impose the sales
tax pursuant to the provisions of this section and such proposal is
approved by a majority of the qualified voters voting thereon.

(3) The sales tax authorized by this section shall become effective on
the first day of the month following adoption of the tax by the qualified
voters.

(4) In each transportation development district in which a sales tax has
been imposed in the manner provided by this section, every retailer shall
add the tax imposed by the transportation development district pursuant
to this section to the retailer's sale price, and when so added such tax
shall constitute a part of the price, shall be a debt of the purchaser to
the retailer until paid, and shall be recoverable at law in the same
manner as the purchase price.

(5) In order to permit sellers required to collect and report the sales
tax authorized by this section to collect the amount required to be
reported and remitted, but not to change the requirements of reporting or
remitting tax or to serve as a levy of the tax, and in order to avoid
fractions of pennies, the transportation development district may
establish appropriate brackets which shall be used in the district
imposing a tax pursuant to this section in lieu of those brackets
provided in section 144.285, RSMo.

(6) All revenue received by a transportation development district from
the tax authorized by this section which has been designated for a
certain transportation development purpose shall be deposited in a
special trust fund and shall be used solely for such designated purpose.
Upon the expiration of the period of years approved by the qualified
voters pursuant to subdivision (2) of this subsection or if the tax
authorized by this section is repealed pursuant to subsection 6 of this
section, all funds remaining in the special trust fund shall continue to
be used solely for such designated transportation development purpose.
Any funds in such special trust fund which are not needed for current
expenditures may be invested by the board of directors in accordance with
applicable laws relating to the investment of other transportation
development district funds.

(7) The sales tax may be imposed in increments of one-eighth of one
percent, up to a maximum of one percent on the receipts from the sale at
retail of all tangible personal property or taxable services at retail
within the transportation development district adopting such tax, if such
property and services are subject to taxation by the state of Missouri
pursuant to the provisions of sections 144.010 to 144.525, RSMo, except
such transportation development district sales tax shall not apply to the
sale or use of motor vehicles, trailers, boats or outboard motors nor to
public utilities. Any transportation development district sales tax
imposed pursuant to this section shall be imposed at a rate that shall be
uniform throughout the district.

2. The resolution imposing the sales tax pursuant to this section shall
impose upon all sellers a tax for the privilege of engaging in the
business of selling tangible personal property or rendering taxable
services at retail to the extent and in the manner provided in sections
144.010 to 144.525, RSMo, and the rules and regulations of the director
of revenue issued pursuant thereto; except that the rate of the tax shall
be the rate imposed by the resolution as the sales tax and the tax shall
be reported and returned to and collected by the transportation
development district.

3. On and after the effective date of any tax imposed pursuant to this
section, the transportation development district shall perform all
functions incident to the administration, collection, enforcement, and
operation of the tax. The tax imposed pursuant to this section shall be
collected and reported upon such forms and under such administrative
rules and regulations as may be prescribed by the transportation
development district.

4. (1) All applicable provisions contained in sections 144.010 to
144.525, RSMo, governing the state sales tax, sections 32.085 and 32.087,
RSMo, and section 32.057, RSMo, the uniform confidentiality provision,
shall apply to the collection of the tax imposed by this section, except
as modified in this section.

(2) All exemptions granted to agencies of government, organizations,
persons and to the sale of certain articles and items of tangible
personal property and taxable services pursuant to the provisions of
sections 144.010 to 144.525, RSMo, are hereby made applicable to the
imposition and collection of the tax imposed by this section.

(3) The same sales tax permit, exemption certificate and retail
certificate required by sections 144.010 to 144.525, RSMo, for the
administration and collection of the state sales tax shall satisfy the
requirements of this section, and no additional permit or exemption
certificate or retail certificate shall be required; except that the
transportation development district may prescribe a form of exemption
certificate for an exemption from the tax imposed by this section.

(4) All discounts allowed the retailer pursuant to the provisions of the
state sales tax laws for the collection of and for payment of taxes
pursuant to such laws are hereby allowed and made applicable to any taxes
collected pursuant to the provisions of this section.

(5) The penalties provided in section 32.057, RSMo, and sections 144.010
to 144.525, RSMo, for violation of those sections are hereby made
applicable to violations of this section.

(6) For the purpose of a sales tax imposed by a resolution pursuant to
this section, all retail sales except retail sales of motor vehicles
shall be deemed to be consummated at the place of business of the
retailer unless the tangible personal property sold is delivered by the
retailer or the retailer's agent to an out-of-state destination or to a
common carrier for delivery to an out-of-state destination. In the event
a retailer has more than one place of business in this state which
participates in the sale, the sale shall be deemed to be consummated at
the place of business of the retailer where the initial order for the
tangible personal property is taken, even though the order must be
forwarded elsewhere for acceptance, approval of credit, shipment or
billing. A sale by a retailer's employee shall be deemed to be
consummated at the place of business from which the employee works.

5. All sales taxes collected by the transportation development district
shall be deposited by the transportation development district in a
special fund to be expended for the purposes authorized in this section.
The transportation development district shall keep accurate records of
the amount of money which was collected pursuant to this section, and the
records shall be open to the inspection of officers of each
transportation development district and the general public.

6. (1) No transportation development district imposing a sales tax
pursuant to this section may repeal or amend such sales tax unless such
repeal or amendment will not impair the district's ability to repay any
liabilities which it has incurred, money which it has borrowed or revenue
bonds, notes or other obligations which it has issued or which have been
issued by the commission or any local transportation authority to finance
any project or projects.

(2) Whenever the board of directors of any transportation development
district in which a transportation development sales tax has been imposed
in the manner provided by this section receives a petition, signed by ten
percent of the qualified voters calling for an election to repeal such
transportation development sales tax, the board of directors shall, if
such repeal will not impair the district's ability to repay any
liabilities which it has incurred, money which it has borrowed or revenue
bonds, notes or other obligations which it has issued or which have been
issued by the commission or any local transportation authority to finance
any project or projects, submit to the qualified voters of such
transportation development district a proposal to repeal the
transportation development sales tax imposed pursuant to the provisions
of this section. If a majority of the votes cast on the proposal by the
qualified voters voting thereon are in favor of the proposal to repeal
the transportation development sales tax, then the resolution imposing
the transportation development sales tax, along with any amendments
thereto, is repealed. If a majority of the votes cast by the qualified
voters voting thereon are opposed to the proposal to repeal the
transportation development sales tax, then the ordinance or resolution
imposing the transportation development sales tax, along with any
amendments thereto, shall remain in effect. (L. 1990 S.B. 479 & 649 § 49,
A.L. 1997 S.B. 303, A.L. 2001 H.B. 202, A.L. 2003 H.B. 668)

1. This section shall not apply to any tax levied pursuant to
section 238.235, and no tax shall be imposed pursuant to the provisions
of this section if a tax has been imposed by a transportation development
district pursuant to section 238.235.

2. In lieu of the taxes allowed pursuant to section 238.235, any
transportation development district which consists of all of one or more
entire counties, all of one or more entire cities, or all of one or more
entire counties and one or more entire cities which are totally outside
the boundaries of those counties may by resolution impose a
transportation development district sales tax on all retail sales made in
such transportation development district which are subject to taxation
pursuant to the provisions of sections 144.010 to 144.525, RSMo, for any
transportation development purpose designated by the transportation
development district in its ballot of submission to its qualified voters.
No resolution enacted pursuant to the authority granted by this section
shall be effective unless:

(1) The board of directors of the transportation development district
submits to the qualified voters of the transportation development
district, at a state general, primary, or special election, a proposal to
authorize the board of directors of the transportation development
district to impose or increase the levy of an existing tax pursuant to
the provisions of this section; or

(2) The voters approved the question certified by the petition filed
pursuant to subsection 5 of section 238.207.

3. If the transportation development district submits to the qualified
voters of the transportation development district a proposal to authorize
the board of directors of the transportation development district to
impose or increase the levy of an existing tax pursuant to the provisions
of subdivision (1) of subsection 2 of this section, the ballot of
submission shall contain, but need not be limited to, the following
language:

Shall the transportation development district of
..........(transportation development district's name) impose a
transportation development district-wide sales tax at the rate of
.......... (insert amount) for a period of .......... (insert number)
years from the date on which such tax is first imposed for the purpose of
................................. (insert transportation development
purpose)?

[ ] YES [ ] NO

If you are in favor of the question, place an "X" in the box opposite
"YES". If you are opposed to the question, place an "X" in the box
opposite "NO".

If a majority of the votes cast on the proposal by the qualified voters
voting thereon are in favor of the proposal, then the resolution and any
amendments thereto shall be in effect. If a majority of the votes cast by
the qualified voters voting are opposed to the proposal, then the board
of directors of the transportation development district shall have no
power to impose the sales tax authorized by this section unless and until
the board of directors of the transportation development district shall
again have submitted another proposal to authorize it to impose the sales
tax pursuant to the provisions of this section and such proposal is
approved by a majority of the qualified voters voting thereon.

4. Within ten days after the adoption of any resolution in favor of the
adoption of a transportation development district sales tax which has
been approved by the qualified voters of such transportation development
district, the transportation development district shall forward to the
director of revenue, by United States registered mail or certified mail,
a certified copy of the resolution of its board of directors. The
resolution shall reflect the effective date thereof. The sales tax
authorized by this section shall become effective on the first day of the
second calendar quarter after the director of revenue receives notice of
adoption of such tax.

5. All revenue received by a transportation development district from the
tax authorized by this section which has been designated for a certain
transportation development purpose shall be deposited in a special trust
fund and shall be used solely for such designated purpose. Upon the
expiration of the period of years approved by the qualified voters
pursuant to subsection 3 of this section or if the tax authorized by this
section is repealed pursuant to subsection 12 of this section, all funds
remaining in the special trust fund shall continue to be used solely for
such designated transportation development purpose. Any funds in such
special trust fund which are not needed for current expenditures may be
invested by the board of directors in accordance with applicable laws
relating to the investment of other transportation development district
funds.

6. The sales tax may be imposed at a rate of one-eighth of one percent,
one-fourth of one percent, three-eighths of one percent, one-half of one
percent or one percent on the receipts from the sale at retail of all
tangible personal property or taxable services at retail within the
transportation development district adopting such tax, if such property
and services are subject to taxation by the state of Missouri pursuant to
the provisions of sections 144.010 to 144.525, RSMo. Any transportation
development district sales tax imposed pursuant to this section shall be
imposed at a rate that shall be uniform throughout the district.

7. The resolution imposing the sales tax pursuant to this section shall
impose upon all sellers a tax for the privilege of engaging in the
business of selling tangible personal property or rendering taxable
services at retail to the extent and in the manner provided in sections
144.010 to 144.525, RSMo, and the rules and regulations of the director
of revenue issued pursuant thereto; except that the rate of the tax shall
be the rate imposed by the resolution as the sales tax. The amount
reported and returned to the director of revenue by the seller shall be
computed on the basis of the combined rate of the tax imposed by sections
144.010 to 144.525, RSMo, and the tax imposed by the resolution as
authorized by this section, plus any amounts imposed pursuant to other
provisions of law.

8. On and after the effective date of any tax imposed pursuant to this
section, the director of revenue shall perform all functions incident to
the administration, collection, enforcement, and operation of the tax,
and the director of revenue shall collect, in addition to all other sales
taxes imposed by law, the additional tax authorized pursuant to this
section. The tax imposed pursuant to this section and the taxes imposed
pursuant to all other laws of the state of Missouri shall be collected
together and reported upon such forms and pursuant to such administrative
rules and regulations as may be prescribed by the director of revenue.

9. All applicable provisions contained in sections 144.010 to 144.525,
RSMo, governing the state sales tax, sections 32.085 and 32.087, RSMo,
governing local sales taxes, and section 32.057, RSMo, the uniform
confidentiality provision, shall apply to the collection of the tax
imposed by this section, except as modified in this section.

10. All sales taxes collected by the director of revenue pursuant to this
section on behalf of any transportation development district, less one
percent for the cost of collection, which shall be deposited in the
state's general revenue fund after payment of premiums for surety bonds
as provided in section 32.087, RSMo, shall be deposited in the state
treasury to the credit of the "Transportation Development District Sales
Tax Fund", which is hereby created. Moneys in the transportation
development district sales tax fund shall not be deemed to be state funds
and shall not be commingled with any funds of the state. All interest
earned upon the balance in the transportation development district sales
tax fund shall be deposited to the credit of the same fund. Any balance
in the fund at the end of an appropriation period shall not be
transferred to the general revenue fund and the provisions of section
33.080, RSMo, shall not apply to the fund. The director of revenue shall
keep accurate records of the amount of money which was collected in each
transportation development district imposing a sales tax pursuant to this
section, and the records shall be open to the inspection of officers of
each transportation development district and the general public. Not
later than the tenth day of each month, the director of revenue shall
distribute all moneys deposited in such fund during the preceding month
to the proper transportation development district.

11. The director of revenue may authorize the state treasurer to make
refunds from the amounts credited to any transportation development
district for erroneous payments and overpayments made, and may redeem
dishonored checks and drafts deposited to the credit of such districts.
If any transportation development district repeals the tax authorized by
this section, the transportation development district shall notify the
director of revenue of the action at least ninety days prior to the
effective date of the repeal and the director of revenue may order
retention, for a period of one year, of two percent of the amount
collected after receipt of such notice to cover possible refunds or
overpayment of such tax and to redeem dishonored checks and drafts
deposited to the credit of such accounts. After one year has elapsed
after the effective date of repeal of the tax authorized by this section
in such transportation development district, the director of revenue
shall remit the balance in the account to the transportation development
district and close the account of that transportation development
district. The director of revenue shall notify each transportation
development district of each instance of any amount refunded or any check
redeemed from receipts due the transportation development district.

12. (1) No transportation development district imposing a sales tax
pursuant to this section may repeal or amend such sales tax unless such
repeal or amendment will not impair the district's ability to repay any
liabilities which it has incurred, money which it has borrowed or revenue
bonds, notes or other obligations which it has issued or which have been
issued by the commission or any local transportation authority to finance
any project or projects.

(2) Whenever the board of directors of any transportation development
district in which a transportation development sales tax has been imposed
in the manner provided by this section receives a petition, signed by ten
percent of the qualified voters of such transportation development
district calling for an election to repeal such transportation
development sales tax, the board of directors shall, if such repeal will
not impair the district's ability to repay any liabilities which it has
incurred, money which it has borrowed or revenue bonds, notes or other
obligations which it has issued or which have been issued by the
commission or any local transportation authority to finance any project
or projects, submit to the voters of such transportation development
district a proposal to repeal the transportation development sales tax
imposed pursuant to the provisions of this section. If a majority of the
votes cast on the proposal by the qualified voters voting thereon are in
favor of the proposal to repeal the transportation development sales tax,
then the resolution imposing the transportation development sales tax,
along with any amendments thereto, is repealed. If a majority of the
votes cast by the qualified voters voting thereon are opposed to the
proposal to repeal the transportation development sales tax, then the
resolution imposing the transportation development sales tax, along with
any amendments thereto, shall remain in effect. (L. 1998 S.B. 861, A.L.
2003 H.B. 668)

1. If approved by a majority of the qualified voters voting on
the question in the district, the district may charge and collect tolls
or fees for the use of a project. The board may charge a lower toll rate
or fee than that amount approved by the district voters, and may increase
that lower toll rate or fee to a level not exceeding the toll or fee rate
ceiling without voter approval. Toll rates or fees for the use of the
same project may vary at the election of the board, depending upon the
type or nature of the user, or the type or nature of the use.

2. The ballot of submission shall be substantially in the following form:

Shall the ........................ Transportation Development District be
authorized to charge tolls or fees in amounts not to exceed those given
below: Maximum Toll or Fee Toll or Fee Description

(Insert amount) (Insert a brief description of the

toll or fee, distinguishing it from

other tolls or fees to be charged

on the same project)

(Insert amount) (Describe the next toll or fee charged)

(Etc.) (Etc.) for the purpose of providing revenue for the development of
a project (or projects) in the district (insert general description of
the project or projects, if necessary)?

[ ] YES [ ] NO If you are in favor of the question, place an "X" in the
box opposite "YES". If you are opposed to the question, place an "X" in
the box opposite "NO".

3. To construct a toll facility, a district may relocate an existing
state highway, subject to approval by the commission, or an existing
local public street or road, subject to approval by the local
transportation authority having control and jurisdiction over such street
or road. A district shall not incorporate an existing free public street,
road, or highway into a district project that will be subject to tolls.
(L. 1990 S.B. 479 & 649 § 50, A.L. 1997 S.B. 303)

1. A district may contract and incur liabilities appropriate to
accomplish its purposes.

2. It may lease or lease-purchase any real or personal property necessary
or convenient for its purposes.

3. It may borrow money for its purposes at such rates of interest as the
district may determine.

4. It may issue bonds, notes and other obligations, and may secure any of
such obligations by mortgage, pledge, assignment or deed of trust of any
or all of the property and income of the district, subject to the
restrictions provided in sections 238.200 to 238.275. The district shall
not mortgage, pledge or give a deed of trust on any real property or
interests which it obtained by eminent domain. The district shall not
mortgage, pledge or give a deed of trust on any real property or
interests which it acquired from the state of Missouri or any agency or
political subdivision thereof without the written consent of the state,
agency or political subdivision from which it obtained the property. (L.
1990 S.B. 479 & 649 § 51, A.L. 1997 S.B. 303, A.L. 1998 S.B. 861)

1. A district may at any time authorize or issue revenue bonds
for the purpose of paying all or any part of the cost of any project.
Every issue of such bonds shall be payable out of the revenues of the
district and may be further secured by other property of the district
which may be pledged, assigned, mortgaged, or a security interest granted
for such payment, without preference or priority of the first bonds
issued, subject to any agreement with the holders of any other bonds
pledging any specified property or revenues. Such bonds shall be
authorized by resolution of the district, and if issued by the district,
shall bear such date or dates, and shall mature at such time or times,
but not in excess of forty years, as the resolution shall specify. Such
bonds shall be in such denomination, bear interest at such rate or rates,
be in such form, either coupon or registered, be issued as current
interest bonds, compound interest bonds, variable rate bonds, convertible
bonds, or zero coupon bonds, be issued in such manner, be payable in such
place or places and subject to redemption as such resolution may provide
notwithstanding the provisions of section 108.170, RSMo. The bonds may be
sold at either public or private sale, at such interest rates, and at
such price or prices as the district shall determine.

2. Any issue of district bonds outstanding may be refunded at any time by
the district by issuing its refunding bonds in such amount as the
district may deem necessary. Such bonds may not exceed the amount
sufficient to refund the principal of the bonds so to be refunded
together with any unpaid interest thereon and any premiums, commissions,
service fees, and other expenses necessary to be paid in connection with
the refunding. Any such refunding may be effected whether the bonds to be
refunded then shall have matured or thereafter shall mature, either by
sale of the refunding bonds and the application of the proceeds thereof
to the payment of the bonds being refunded or by the exchange of the
refunding bonds for the bonds being refunded with the consent of the
holder or holders of the bonds being refunded. Refunding bonds may be
issued regardless of whether the bonds being refunded were issued in
connection with the same project or a separate project and regardless of
whether the bonds proposed to be refunded shall be payable on the same
date or different dates or shall be due serially or otherwise.

3. If the proposed project is intended to be merged into the state
highways and transportation system for future maintenance under the
commission's jurisdiction, the district may contract with the commission
to assist it in issuing district revenue bonds and refunding bonds. The
district may also contract with the commission to issue commission
revenue bonds and refunding bonds and to loan the proceeds thereof to the
district. Such bonds shall be authorized by commission minute and shall
be issued subject to conditions applicable to bonds issued by the
district but as determined by the commission rather than the district.

4. If the proposed project is intended to be merged into a local
transportation system for future maintenance under the local
transportation authority's jurisdiction, the district may contract with
the local transportation authority to assist it in issuing district
revenue bonds and refunding bonds. The district may also contract with
the local transportation authority to issue the local transportation
authority's revenue bonds and refunding bonds and to loan the proceeds
thereof to the district. Such bonds shall be authorized by the local
transportation authority's ordinance or order and shall be issued subject
to conditions applicable to bonds issued by the district but as
determined by the local transportation authority rather than the district.

5. Bonds issued under this section shall exclusively be the
responsibility of the district payable solely out of district funds and
property provided in sections 238.200 to 238.275 and shall not constitute
a debt or liability of the state of Missouri or any agency or political
subdivision of the state. Neither the district, local transportation
authority, nor the commission shall be obligated to pay such bonds with
any funds other than those specifically pledged to repayment of the
bonds. Any bonds issued by a district, a local transportation authority,
or the commission shall state on their face that they are not obligations
of the state of Missouri or any agency or political subdivision thereof
other than the district.

6. Bonds issued under this section, the interest thereon, or any proceeds
from such bonds shall be exempt from taxation in the state of Missouri
for all purposes except the state estate tax. (L. 1990 S.B. 479 & 649 §
52)

Effective 5-30-90

The district may, subject to commission or local transportation
authority approval, as appropriate:

(1) Purchase land or receive contributions of land and cash for project
right-of-way;

(2) Limit and control access from adjacent property to a district
project; and

(3) Sell and convey excess right-of-way for fair market value to any
person or entity. (L. 1990 S.B. 479 & 649 § 53)

Effective 5-30-90

1. The district may condemn lands for a project in the name of
the state of Missouri, upon prior approval by the commission, or the
local transportation authority as appropriate, as to the necessity for
the taking of* the description of the parcel and the interest taken in
that parcel.

2. If condemnation becomes necessary the district shall act under chapter
523, RSMo, and may condemn a fee simple or other interest in land.

3. The district may, after prior notice to the owner to enter upon
private property, survey and determine the most advantageous route and
design. The district shall be liable for all damages done to the property
by such inspection.

4. Any person who involuntarily transfers any interest in land to a
district which becomes insolvent and comes under the jurisdiction of a
court may reacquire that property by paying to the district the total
amount of the condemnation award for that parcel, plus statutory interest
at the statutory rate from the date of taking on the amount of that
award, if the project will not be completed by either the district, the
commission or a local transportation authority.

5. Whenever a district undertakes any project which results in the
acquisition of real property or in any person or persons being displaced
from their homes, businesses, or farms, the district shall provide
relocation assistance and make relocation payments to such displaced
person and do such other acts and follow such procedures as would be
necessary to comply with the federal Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended. (L. 1990 S.B.
479 & 649 § 54)

Effective 5-30-90

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

The district may contract with:

(1) A federal agency, a state or its agencies and political subdivisions,
the commission, a local transportation authority, a corporation,
partnership or individual regarding funding, promotion, planning,
designing, constructing, improving, maintaining, or operating a project
or to assist in such activity; and

(2) The commission or a local transportation authority to transfer the
project to the commission or the local transportation authority free of
cost or encumbrance on such terms set forth by contract. (L. 1990 S.B.
479 & 649 § 55)

Effective 5-30-90

In addition to all other powers granted by sections 238.200 to
238.275 the district shall have the following general powers:

(1) To sue and be sued in its own name, and to receive service of
process, which shall be served upon the district secretary;

(2) To fix compensation of its employees and contractors. All
construction contracts in excess of five thousand dollars between the
district and any private person, firm, or corporation shall be
competitively bid and shall be awarded to the lowest and best bidder;

(3) To purchase any real or personal property necessary or convenient for
its activities. All outright purchases of personal property in excess of
one thousand dollars between the district and any private person, firm or
corporation shall be competitively bid and shall be awarded to the lowest
and best bidder;

(4) To collect and disburse funds for its activities; and

(5) To exercise such other implied powers necessary or convenient for the
district to accomplish its purposes which are not inconsistent with its
express powers.

(L. 1990 S.B. 479 & 649 § 56, A.L. 2001 H.B. 202)

Effective 6-26-01

1. The district may obtain such insurance as it deems
appropriate, considering its legal limits of liability, to protect
itself, its officers and its employees from any potential liability and
may also obtain such other types of insurance as it deems necessary to
protect against loss of its real or personal property of any kind. The
cost of this insurance shall be charged against the project.

2. The district may also require contractors performing construction or
maintenance work on the project to obtain liability insurance having the
district, its directors and employees as additional named insureds.

3. The district shall not attempt to self-insure for its potential
liabilities unless it finds that it has sufficient funds available to
cover any anticipated judgments or settlements and still complete its
project without interruption. The district may self-insure if it is
unable to obtain liability insurance coverage at a rate which is
economically feasible to the district, considering its resources. (L.
1990 S.B. 479 & 649 § 57)

Effective 5-30-90

1. At any time during the existence of a district, the board may
submit to the voters of the district a proposition to increase or
decrease the number of projects which it is authorized to complete.

2. If the board proposes to add one or more additional projects, the
question shall be submitted in substantially the following form:

Shall the ............. Transportation Development District fund or
develop the following additional transportation project (or projects):
(summarize the proposed project or projects), and have the power to fund
the proposed project upon separate voter approval by any or all of the
following methods: (here specifically describe the proposed funding
methods and require each voter to approve or disapprove of each proposed
funding method)?

3. If the board proposes to discontinue a project, it shall first obtain
approval from the commission if the proposed project is intended to be
merged into the state highways and transportation system under the
commission's jurisdiction or approval from the local transportation
authority if the proposed project is intended to be merged into a local
transportation system under the local authority's jurisdiction. If such
approval is obtained, then the question shall be submitted to the
district's voters in substantially the following form:

Shall the ............... Transportation Development District discontinue
development of the following transportation project: (summarize the
transportation project), for the reason that (describe the reason why the
transportation project cannot be completed as approved)?

4. The board may modify the project previously approved by the district
voters, if the modification is approved by the commission and, where
appropriate, a local transportation authority. (L. 1990 S.B. 479 & 649 §
58)

Effective 5-30-90

The commission and local transportation authorities may contract
with a district to provide it assistance in project funding, promotion,
planning, design, right-of-way acquisition, relocation assistance
services, construction, maintenance, and operation. The commission or any
local transportation authority may charge the district a reasonable fee,
not exceeding the actual cost of providing the service. (L. 1990 S.B. 479
& 649 § 59)

Effective 5-30-90

The commission is authorized to adopt reasonable administrative
rules relating to transportation development districts under chapter 536,
RSMo. (L. 1990 S.B. 479 & 649 § 60)

Effective 5-30-90

The state of Missouri, upon approval by an appropriate act of
the general assembly, the commission, or a local transportation authority
holding title to real estate, may give, grant and convey to or for the
use of a district such right-of-way or other easement in such real estate
as may be necessary for the development of a project. (L. 1990 S.B. 479 &
649 § 61)

Effective 5-30-90

1. For the purpose of law enforcement, all district projects to
be transferred to the commission shall be treated as commission highways
under chapter 43, RSMo, and all projects to be transferred to a local
transportation authority shall be treated as streets or roads of that
entity.

2. All laws of this state relating to the maintaining, signing, damaging
and obstructing roads shall apply to district projects. The duties and
powers imposed by such laws on certain officials shall devolve upon the
district's engineer or other employee designated by the board. Nothing in
this subsection shall be deemed to interfere with, restrict or limit the
authority of the commission to govern and control highway marking,
signalization and signing to the extent the commission is authorized by
law.

3. For outdoor advertising and junkyard control purposes, a district
project may be designated by the commission as a part of the state
primary highway system and by a local transportation authority as a part
of its street or road system. (L. 1990 S.B. 479 & 649 § 62)

Effective 5-30-90

Unless otherwise approved by contract of the district, project
improvements shall not be under the control and jurisdiction of a local
transportation authority while the district retains control and
jurisdiction over the project. The provisions of chapter 228, RSMo, are
inapplicable to transportation development districts. (L. 1990 S.B. 479 &
649 § 63)

Effective 5-30-90

The state auditor shall audit each district not less than once
every three years, and may audit more frequently if the state auditor
deems appropriate. The costs of this audit shall be paid by the district.
(L. 1990 S.B. 479 & 649 § 64)

Effective 5-30-90

1. Within six months after development and initial maintenance
costs of its completed project have been paid, the district shall
pursuant to contract transfer ownership and control of the project to the
commission or a local transportation authority which shall be responsible
for all future maintenance costs pursuant to contract.

2. At such time as a district has completed its project and has
transferred ownership of the project to the commission or other local
transportation authority for maintenance, or at such time as the board
determines that it is unable to complete its project due to lack of
funding or for any other reason, the board shall submit for a vote in an
election held throughout the district the question of whether the
district should be abolished. The question shall be submitted in
substantially the following form:

Shall the ............... Transportation Development District be
abolished?

3. The district board shall not propose the question to abolish the
district while there are outstanding claims or causes of action pending
against the district, while the district liabilities exceed its assets,
or while the district is insolvent, in receivership or under the
jurisdiction of the bankruptcy court. Prior to submitting the question to
abolish the district to a vote, the state auditor shall audit the
district to determine the financial status of the district, and whether
the district may be abolished pursuant to law.

4. While the district still exists, it shall continue to accrue all
revenues to which it is entitled at law.

5. Upon receipt of certification by the appropriate election authorities
that the majority of those voting within the district have voted to
abolish the district, and if the state auditor has determined that the
district's financial condition is such that it may be abolished pursuant
to law, then the board shall:

(1) Sell any remaining district real or personal property it wishes, and
then transfer the proceeds and any other real or personal property owned
by the district, including revenues due and owing the district, to the
commission or any appropriate local transportation authority assuming
maintenance and control of the project, for its further use and
disposition;

(2) Terminate the employment of any remaining district employees, and
otherwise conclude its affairs;

(3) At a public meeting of the district, declare by a majority vote that
the district has been abolished effective that date; and

(4) Cause copies of that resolution under seal to be filed with the
secretary of state, the director of revenue, the commission, and with
each local transportation authority affected by the district. Upon the
completion of the final act specified in this subsection, the legal
existence of the district shall cease. (L. 1990 S.B. 479 & 649 § 65)

Effective 5-30-90

Sections 238.300 to 238.367 may be cited as the "Missouri
Transportation Corporation Act". (L. 1990 S.B. 479 & 649 § 10, A.L. 1997
S.B. 67)

Wherever used in sections 238.300 to 238.367, the following
terms mean:

(1) "Board", the board of directors of the corporation;

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

(3) "Corporation" or "transportation corporation", any transportation
corporation organized under sections 238.300 to 238.367;

(4) "Local transportation authority", a county, city, town, village,
county highway commission, special road district, interstate compact
agency, or any local public authority or political subdivision having
jurisdiction over any bridge, street, highway, dock, wharf, ferry, lake
or river port, airport, railroad, light rail or other transit improvement
or service;

(5) "Pay", paying a toll by cash, by permitting a charge against a valid
account with the authority or by another means of payment approved by the
corporation at the time;

(6) "Photo monitoring system", a vehicle sensor installed to work in
conjunction with a toll collection facility which automatically produces
one or more photographs, one or more microphotographs, a videotape or
other recorded images of each vehicle at the time it is used or operated
in violation of toll collection regulations;

(7) "Project" includes any bridge, street, road, highway, access road,
interchange, intersection, signing, signalization, parking lot, bus stop,
station, garage, terminal, hangar, shelter, rest area, dock, wharf, lake
or river port, airport, railroad, light rail, or other mass transit and
any similar or related improvement or infrastructure;

(8) "Toll" or "tolls", charges prescribed by the corporation for the use
of its property;

(9) "Toll collection regulations", those rules and regulations of a
corporation providing for and requiring the payment of tolls for the use
of bridges under its jurisdiction or those rules and regulations of a
corporation making it unlawful to refuse to pay or to evade or to attempt
to evade the payment of all or part of any toll for the use of bridges
under the jurisdiction of the corporation;

(10) "Vehicle" or "motor vehicle", every device in, upon or by which a
person or property is or may be transported or drawn upon a highway
except devices used exclusively upon stationary rails or tracks. (L. 1990
S.B. 479 & 649 § 11, A.L. 1997 S.B. 67)

1. The general assembly declares that:

(1) The present and prospective traffic congestion and limited roadways
in many areas of this state, and the limited availability of state funds,
require as a public purpose the promotion and development of public
transportation facilities and systems by new and alternative means;

(2) The creation of transportation corporations by private parties in
cooperation with the commission is essential to the continued economic
growth of this state, is in the public interest, and will promote the
health, safety and general welfare of the citizens of this state by
securing for them expanded and improved transportation facilities and
systems;

(3) The transportation corporations created under sections 238.300 to
238.360 will perform an essential function by acting to secure and obtain
rights-of-way for urgently needed transportation systems and to assist in
the planning and design of such systems;

(4) The transportation corporations created under sections 238.300 to
238.360 will perform many functions normally undertaken by the commission
and its staff, and thus will reduce the burdens and demands on limited
funds available to the commission, thereby increasing the effectiveness
and impact of those funds available to the commission;

(5) The transportation corporations created under sections 238.300 to
238.360 will act in promoting and developing public transportation
facilities and systems and in promoting economic development in this
state, and will not act as the agent or instrumentality of any private
interests even though many private interests may be benefited by the
transportation corporations, as will the general public. The
transportation corporations created under sections 238.300 to 238.360
shall periodically make a showing to the state transportation department
of a good faith effort of development and implementation of a women and
minority employment and business plan. Only after such a showing of a
good faith effort may the transportation corporations created under
sections 238.300 to 238.360 waive the general policy of women and
minority employment and business plan and involvement. If such policy is
waived, the transportation corporations created under sections 238.300 to
238.360 shall make a showing of a good faith effort of development and
implementation of a women and minority employment and business plan every
three months until such policy is again in effect.

2. Sections 238.300 to 238.360 shall be liberally construed in
conformance with the legislative findings and purposes set forth in this
section. (L. 1990 S.B. 479 & 649 § 12)

Effective 5-30-90

1. A corporation may be created to fund, promote, plan, design,
construct, maintain, and operate one or more projects or to assist in
such activity.

2. The corporation shall be a nonmember, nonstock corporation. It shall
be organized under and governed by sections 238.300 to 238.360 and by the
provisions of the general not-for-profit corporation law, chapter 355,
RSMo. Any provision of sections 238.300 to 238.360 shall take precedence
over any conflicting provision of chapter 355, RSMo.

3. No part of the earnings or assets of a transportation corporation
shall inure to the benefit of any private interests, person, or entity.

4. Property held by and activities of a corporation created under the
provisions of sections 238.300 to 238.360 exist and are conducted for
purely civic, social welfare, and charitable purposes. A transportation
corporation shall be exempt from taxation in accordance with article X,
section 6 of the Missouri Constitution. The corporation shall not be
required to pay any taxes or assessments upon or with respect to a
project or property acquired or used by the corporation or upon income
therefrom. (L. 1990 S.B. 479 & 649 § 13)

Effective 5-30-90

1. Any number of natural persons, not less than three, each of
whom is at least twenty-one years of age and a registered voter within
this state, may file with the commission a written application with
preliminary plans and specifications for a project requesting that the
commission authorize the creation of a transportation corporation to act
within a designated area. The application shall also provide a proposed
plan for financing the project. The commission may charge a filing fee
for the application.

2. The commission shall order a local public hearing and shall cause to
be published notice that the commission is considering authorizing a
project and the incorporation of a transportation corporation. The notice
shall specify the time, date, and place of the hearing and shall be given
by publication in a newspaper published in the county or counties in
which all or part of the project is to be located which has a general
circulation once a week for four consecutive weeks. The last publication
shall be at least fifteen days prior to the date of the hearing. The
commission shall also give at least fifteen days written notice of such
hearing to the owners of all fee interests of record in all tracts of
real property located within the area proposed to be included within the
limits of the project.

3. The commission shall also serve written notice on each county, city,
town and village in which all or part of a project is to be located that
the commission is considering authorizing a project and the incorporation
of the transportation corporation. Each such county, city, town and
village shall be entitled to review the written application with
preliminary plans and specifications. Approval of the project by the
governing body of each such county, city, town and village is a condition
precedent to approval of the project and the corporation by the
commission.

4. After the hearing, the commission shall consider the matter of
authorizing the project and the incorporation of the transportation
corporation at a regular commission meeting. If the commission by minute
finds that the project will improve or is a necessary or desirable
extension of the state highways and transportation system and that the
proposed corporation will have adequate funds to finance the proposed
project, the commission may approve the articles of incorporation for the
corporation and the project subject to the corporation making any
revisions in the plans and specifications required by the commission and
the corporation entering into a mutually satisfactory agreement regarding
development and future maintenance of the project.

5. The commission shall designate the area of the state in which the
corporation may act, and such area may include territory within one or
more counties, municipalities or other political subdivisions of the
state. The commission may authorize creation of one or more corporations
to act within the same designated area, provided that the commission
minute approving the creation of each corporation shall specify the
public purposes which each corporation will further.

6. No corporation may be formed unless the commission has duly adopted a
commission minute which shall be conclusive evidence of the commission's
approval of the project and the articles of incorporation. (L. 1990 S.B.
479 & 649 § 14)

Effective 5-30-90

1. In addition to the information required under chapter 355,
RSMo, the articles of incorporation shall set forth:

(1) The purposes for which the corporation is organized including the
project description, scope, area, and proposed sources of funding;

(2) That the corporation has no members and is a nonstock corporation; and

(3) A recital that the commission has specifically authorized the
corporation to act, has approved the articles of incorporation, and the
date of such authorization.

2. The articles of incorporation may be amended if the board files with
the commission a written application specifying the proposed amendments
and the commission approves the application by commission minute.

3. The articles of amendment shall be executed in duplicate for the
corporation by its president and verified by its secretary. In addition
to the information required under chapter 355, RSMo, the articles of
amendment shall set forth the fact that such amendment was approved by
the commission and the date of such approval.

4. The articles of incorporation, and any amendments thereto, shall be
duly authenticated and filed by the corporation with the secretary of
state and with the commission to be effective. (L. 1990 S.B. 479 & 649 §
15)

Effective 5-30-90

1. The corporation shall have a board of directors. All powers
of the corporation shall be vested in the board which shall consist of
any number of directors, not less than six, each of whom shall be
appointed by the commission for a term of no more than six years. Each
director may be removed by the commission for cause. The terms shall be
staggered in length, so that not more than one-third of the terms of the
board of directors shall expire in a given year. The directors shall
serve as such without compensation except that they shall be reimbursed
by the corporation for their actual expenses incurred in the performance
of their duties.

2. No person shall be appointed or continue to serve on the board who
owns land on which or adjacent to which a project to be developed by the
corporation shall be located.

3. The commission shall appoint one or more advisors to the board, who
shall have no vote but shall have authority to participate in all board
meetings and discussions, whether open or closed, and shall have access
to all records of the corporation and its board of directors.

4. At the first meeting of the board, it shall elect a chairman from its
members. The board shall appoint an executive director, corporation
secretary, treasurer and such other officers or employees as it deems
necessary.

5. The board may appoint any number of advisory directors to advise and
assist the directors in the development of a project. The advisory
directors shall serve at the will of the directors, but advisory
directors shall have no vote in the affairs of the corporation, shall not
receive any compensation for their services, and shall not receive any
reimbursement for expenses incurred by them. (L. 1990 S.B. 479 & 649 § 16)

Effective 5-30-90

The board shall adopt corporation bylaws which shall be approved
by a minute of the commission. The bylaws of a corporation shall not be
amended without approval by a minute of the commission. (L. 1990 S.B. 479
& 649 § 17)

Effective 5-30-90

Before construction of any project, the corporation shall submit
the final financing plan and final construction plans and specifications
to the commission for its approval. The corporation shall make any
revisions in the plans and specifications required by the commission.
After the commission approves the final financing plan, construction
plans and specifications, the corporation shall obtain prior commission
approval of any modification of such plans or specifications. (L. 1990
S.B. 479 & 649 § 18)

Effective 5-30-90

1. A corporation may use any one or more of the funding methods
specifically authorized by sections 238.300 to 238.360 and any other
lawful funding the corporation may obtain for the project.

2. The commission may by contract with a corporation receive any revenue
received by a corporation from any funding method authorized by sections
238.300 to 238.360. Such revenue shall be deposited by the commission
pursuant to section 227.180, RSMo, and applied by the commission to
project costs including debt service on revenue bonds or refunding bonds
issued by the corporation or the commission under sections 238.300 to
238.360. (L. 1990 S.B. 479 & 649 § 19)

Effective 5-30-90

1. The corporation may, subject to commission approval:

(1) Establish and impose fees for services provided by the corporation;
and

(2) Charge and collect tolls, fees and rents for use of a project to pay
project costs or operation and anticipated future maintenance costs of a
project; and

(3) Enforce collection of tolls in conjunction with the Missouri
department of transportation, Missouri highway patrol or any other law
enforcement official in the state of Missouri.

2. To construct a toll facility, a corporation may relocate an existing
state highway subject to approval by the commission or an existing local
public street or road subject to approval by the local transportation
authority having control and jurisdiction over such street or road. A
corporation shall not incorporate an existing free public street, road,
or highway into a corporation project that will be subject to tolls. (L.
1990 S.B. 479 & 649 § 20, A.L. 1997 S.B. 67)

1. A corporation may contract and incur liabilities appropriate
to accomplish its purposes.

2. It may borrow money for its corporate purposes at such rates of
interest as the corporation may determine.

3. It may issue bonds, notes and other obligations, and may secure any of
such obligations by mortgage, pledge, or deed of trust of any or all of
the property and income of the corporation, subject to the restrictions
provided in sections 238.300 to 238.360. The corporation shall not
mortgage, pledge or give a deed of trust on any real property or
interests which it obtained by eminent domain or acquired from the state
of Missouri or any agency or political subdivision thereof. (L. 1990 S.B.
479 & 649 § 21)

Effective 5-30-90

1. A corporation may at any time authorize or issue revenue
bonds for the purpose of paying all or any part of the cost of any
project. Every issue of such bonds shall be payable out of the property
and revenues of the corporation and may be further secured by other
property of the district which may be pledged, assigned, mortgaged, or a
security interest granted for such payment, without preference or
priority of the first bonds issued, subject to any agreement with the
holders of any other bonds pledging any specified property or revenues.
Such bonds shall be authorized by resolution of the corporation board,
and if issued by the corporation, shall bear such date or dates, and
shall mature at such time or times, but not in excess of forty years, as
the resolution shall specify. Such bonds shall be in such denomination,
bear interest at such rate or rates, be in such form, either coupon or
registered, be issued as current interest bonds, compound interest bonds,
variable rate bonds, convertible bonds, or zero coupon bonds, be issued
in such manner, be payable in such place or places and be subject to
redemption as such resolution may provide notwithstanding the provisions
of section 108.170, RSMo. The bonds may be sold at either public or
private sale, at such interest rates, and at such price or prices as the
corporation shall determine.

2. Any issue of corporation bonds outstanding may be refunded at any time
by the corporation by issuing its refunding bonds in such amount as the
district may deem necessary. Such bonds may not exceed the amount
sufficient to refund the principal of the bonds so to be refunded
together with any unpaid interest thereon and any premiums, commissions,
service fees, and other expenses necessary to be paid in connection with
the refunding. Any such refunding may be effected whether the bonds to be
refunded then shall have matured or thereafter shall mature, either by
sale of the refunding bonds and the application of the proceeds thereof
to the payment of the bonds being refunded or by the exchange of the
refunding bonds for the bonds being refunded with the consent of the
holder or holders of the bonds being refunded. Refunding bonds may be
issued regardless of whether the bonds being refunded were issued in
connection with the same project or a separate project and regardless of
whether or not the bonds proposed to be refunded shall be payable on the
same date or different dates or shall be serially or otherwise.

3. The corporation may contract with the commission to assist it in
issuing corporation revenue bonds and refunding bonds. The corporation
may also contract with the commission to issue commission revenue bonds
and refunding bonds and to loan the proceeds thereof to the corporation.
Such bonds shall be authorized by commission minute and shall be issued
subject to conditions applicable to bonds issued by the corporation but
as determined by the commission rather than the corporation.

4. Bonds issued under this section shall exclusively be the
responsibility of the corporation payable solely out of corporation funds
and property provided in sections 238.300 to 238.360 and shall not
constitute debt or liability of the state of Missouri or any agency or
political subdivision of the state. Neither the corporation nor the
commission shall be obligated to pay such bonds with any funds other than
those specifically pledged to repayment of the bonds. Any such bonds
issued by a corporation or the commission shall state on their face that
they are not obligations of the state of Missouri or any agency or
political subdivision thereof.

5. Bonds issued under this section, the interest thereon, or any proceeds
from such bonds, are exempt from taxation in the state of Missouri for
all purposes except the state estate tax. (L. 1990 S.B. 479 & 649 § 22)

Effective 5-30-90

The corporation may, subject to commission approval:

(1) Purchase land or receive contributions of land and cash for project
right-of-way;

(2) Limit and control access from adjacent property to a corporation
project; and

(3) Sell and convey excess right-of-way for fair market value to any
person or entity. (L. 1990 S.B. 479 & 649 § 23)

Effective 5-30-90

1. The commission is authorized to condemn lands for the
corporation in the name of the state of Missouri, upon prior approval by
the commission as to the necessity for the taking, the description of the
parcel, and the interest taken in that parcel.

2. If condemnation becomes necessary, the commission shall act for the
corporation under chapter 523, RSMo, and may condemn a fee simple or
other interest in land.

3. Whenever a corporation undertakes any project which results in the
acquisition of real property or in any person or persons being displaced
from their homes, businesses, or farms, the commission shall act for the
corporation to provide relocation assistance and to make relocation
payments to such displaced persons and to do such other acts and follow
such procedures as would be necessary to comply with the federal Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970,
as amended.

4. The corporation after prior notice to the owner may enter upon private
property to survey and determine the most advantageous route and design.
The corporation shall be liable for all damages done to the property by
such inspection.

5. Any person who involuntarily transfers any interest in land to a
corporation which becomes insolvent and comes under the jurisdiction of a
court may reacquire that property by paying to the corporation the total
amount of the condemnation award for that parcel, plus simple interest at
the statutory rate from the date of taking on the amount of that award,
if the project will not be completed by either the corporation or the
commission. (L. 1990 S.B. 479 & 649 § 24)

Effective 5-30-90

The corporation may contract with:

(1) A federal agency, a state or its agencies and political
subdivisions*, the commission, a local transportation authority, a
corporation, partnership or individual regarding funding, promotion,
planning, designing, constructing, improving, maintaining or operating a
project or to assist in such activity;

(2) The commission to transfer the project to the commission free of cost
or encumbrance on such terms set forth by contract; and

(3) A person, a corporation, a local transportation authority, the
commission, the state, or a federal agency for the purpose of jointly
paying the cost of a project. (L. 1990 S.B. 479 & 649 § 25)

Effective 5-30-90

*Words "a federal agency," appear here--an apparent redundancy.

In addition to all other powers granted by sections 238.300 to
238.360 and all powers granted to general not-for-profit corporations
under chapter 355, RSMo, the corporation shall have the following general
powers:

(1) To sue and be sued in its own name, and to receive service of
process, which shall be served upon the corporation secretary;

(2) To fix compensation of its employees and contractors and to disburse
funds for its activities. The corporation shall advertise and let
construction contracts in the same manner as the letting of public works
contracts by the department of transportation;

(3) To purchase, lease, lease-purchase, or acquire by gift or grant any
real or personal property necessary or convenient for its activities;

(4) To purchase insurance; and

(5) To exercise such other implied powers necessary or convenient for the
corporation to accomplish its purposes which are not inconsistent with
its express powers. (L. 1990 S.B. 479 & 649 § 26)

Effective 5-30-90

1. The corporation may indemnify any current or former director
or employee for expenses actually and reasonably incurred by him in
connection with any claim asserted against him in the absence of his
gross negligence, intentional misconduct, or other willful and wrongful
acts or omissions.

2. If the corporation has not fully indemnified him, the court in the
proceeding in which any claim against such director or employee has been
asserted or any court having the jurisdiction of an action instituted by
such director or employee on his claim for indemnity may assess indemnity
against the corporation, its receiver, or trustee for expenses authorized
by this section. (L. 1990 S.B. 479 & 649 § 27)

Effective 5-30-90

The commission may contract with a corporation to provide it
assistance in project funding, promotion, planning, design, right-of-way
acquisition, relocation assistance services, construction, maintenance,
and operation. The commission may charge the corporation a reasonable
fee, not exceeding the actual cost of providing the service. (L. 1990
S.B. 479 & 649 § 28)

Effective 5-30-90

The commission is authorized to adopt reasonable administrative
rules regarding transportation corporations under chapter 536, RSMo. (L.
1990 S.B. 479 & 649 § 29)

Effective 5-30-90

1. For the purpose of law enforcement, a corporation project
shall be treated as a commission highway under chapter 43, RSMo.

2. All laws of this state relating to maintaining, signing, damaging, and
obstructing roads shall apply to corporation projects. The duties and
powers imposed by such laws on certain officials shall devolve upon the
corporation engineer or other employee designated by the board.

3. For outdoor advertising and junkyard control purposes, a corporation
project may be designated by the commission as a part of the state
primary highway system. (L. 1990 S.B. 479 & 649 § 30)

Effective 5-30-90

1. When a project is completed and all outstanding bonds, notes,
obligations, liabilities or other debts of the corporation have been paid
and retired or the corporation has provided for payment or retirement as
determined by the commission, title to the project shall be transferred
to the commission pursuant to contract. The commission shall then be
responsible for all future maintenance costs of the project pursuant to
contract. At such time, the corporation shall be dissolved unless the
board amends the articles of incorporation as provided by sections
238.300 to 238.360 to allow the corporation to commence work on another
project.

2. If a corporation is dissolved or liquidated and after all of its
outstanding debts have been paid in full, all other income or assets of
the corporation shall be liquidated and deposited in the state road fund
and shall become the property of the commission.

3. If a corporation must be dissolved or liquidated before all of its
outstanding debts and obligations have been paid in full, such
liquidation shall be through a receivership action instituted in the
appropriate circuit court of this state or as otherwise provided by law.

4. If the corporation or the commission does not elect to complete a
project, any real property obtained for the project from the state of
Missouri or any agency or political subdivision shall be returned. The
state, its agency or political subdivision shall repay or return to the
corporation all moneys or property it received from the corporation as
consideration for the original transaction.

5. Bonds, notes, obligations, liabilities or other debts of the
corporation shall exclusively be the responsibility of the corporation
payable solely out of corporation funds and property provided herein and
shall not constitute debt or liability of the state of Missouri or any
agency or political subdivision of the state. (L. 1990 S.B. 479 & 649 §
31)

Effective 5-30-90

1. The commission may alter the organization, project or
activities of the corporation by written directions to the board.

2. The commission may dissolve the corporation. The commission shall not
dissolve the corporation until all outstanding debts and obligations of
the corporation have been paid in full, or until any receivership or
other appropriate action to conclude the affairs of an insolvent
corporation has been completed. The commission shall only dissolve a
corporation by judicial proceedings as specified in chapter 355, RSMo.
(L. 1990 S.B. 479 & 649 § 32)

Effective 5-30-90

1. Whenever the board by resolution shall determine that the
purposes for which the corporation was formed have been complied with and
that all obligations of the corporation have been fully paid or that
appropriate judicial action to conclude the affairs of an insolvent
corporation has been completed, the board shall, with the commission's
prior written approval, dissolve the corporation.

2. It is unnecessary for the board of an insolvent corporation or the
commission to take any action to dissolve that corporation if a
receivership or other appropriate judicial action has already concluded
the affairs of that corporation. A copy of the appropriate order or
decree in the judicial proceeding shall be filed with the secretary of
state, who shall issue a certificate of dissolution of that insolvent
corporation without charge. (L. 1990 S.B. 479 & 649 § 33)

Effective 5-30-90

1. Articles of dissolution shall be executed in triplicate by
the corporation by its president and attested to by its secretary.
Triplicate originals of such articles of dissolution shall be delivered
to the secretary of state. If the secretary of state finds that such
articles of dissolution conform to the requirements of sections 238.300
to 238.360 and chapter 355, RSMo, he shall, without charge:

(1) Endorse on each of such originals the word "filed" and the month,
day, and year of the filing thereof;

(2) File one of such originals in his office; and

(3) Issue two certificates of dissolution to each of which he shall affix
an original.

2. A certificate of dissolution together with an original of the articles
of dissolution affixed thereto by the secretary of state shall be
returned to the representative of the dissolved corporation and to the
commission. Upon the issuance of such certificate of dissolution the
existence of the corporation shall cease, except for the purpose of
suits, other proceedings, and appropriate corporate action by members,
directors and officers as provided in chapter 355, RSMo. (L. 1990 S.B.
479 & 649 § 34)

Effective 5-30-90

1. The commission may authorize transportation corporations
which operate a toll facility to enforce the payment of tolls against the
operator of a vehicle for the failure of an operator of such vehicle to
comply with the toll collection regulations in accordance with the
provisions of sections 238.365 and 238.367. Such authorizations shall be
made in accordance with rules promulgated pursuant to chapter 536, RSMo.

2. An authorized corporation may use any method for assessing and
collecting tolls, including but not limited to toll tickets, barrier toll
facilities, billing accounts, commuter passes and electronic recording or
identification devices. The display of a recording or identification
device issued or authorized by a corporation for these purposes on or
near the windshield of a motor vehicle shall not be a violation of any
law or rule in the state of Missouri, unless the device is attached in a
way that obstructs the driver's clear view of the highway or an
intersecting highway.

3. A corporation operating a toll facility shall post notice on or around
a toll facility in the plain view of drivers of vehicles which reads as
follows:

NOTICE FAILURE TO PAY THE REQUIRED TOLL IS A TRAFFIC VIOLATION. TOLL
BOOTH OPERATORS WILL REPORT ANY FAILURE TO PAY REQUIRED TOLLS TO LAW
ENFORCEMENT OFFICIALS WHO WILL ISSUE A TRAFFIC CITATION. (L. 1997 S.B. 67)

1. The driver of a vehicle involved in a violation of toll
collection regulations is guilty of an infraction and upon conviction
thereof, shall be punished by a fine to be determined by the court.

2. A written report or telephone call from a toll enforcement officer or
law enforcement officer, or photo monitoring system evidence that
indicates a required toll was not paid is admissible in any proceeding to
enforce this section, subject to foundation evidence to establish the
authenticity of the report, call or photographs. Photo monitoring system
evidence which shows that the driver of a vehicle has failed to pay a
toll shall raise a rebuttable presumption that the motor vehicle shown in
the photographic evidence was used in violation of this section. In the
event that charges are filed against multiple owners of a motor vehicle,
only one of the owners may be convicted and court costs may be assessed
against only one of the owners. If the vehicle which is involved in the
violation is registered in the name of a rental or leasing company and
the vehicle is rented or leased to another person at the time of the
violation, the rental or leasing company may rebut the presumption by
providing the peace officer or prosecuting authority with a copy of the
rental or lease agreement in effect at the time of the violation. No
prosecuting authority may bring any legal proceedings against a rental or
leasing company under this section unless prior written notice of the
violation has been given to that rental or leasing company by registered
mail at the address appearing on the registration and the rental or
leasing company has failed to provide the rental or lease agreement copy
within fifteen days of receipt of such notice. (L. 1997 S.B. 67)

The following procedures must be taken for the collection of
tolls and issuance of traffic citations under the toll collection
regulations:

(1) Any toll booth operator witnessing a violation of the toll collection
regulations is authorized to report such violation to a law enforcement
official or agency. The report may be in one of the following forms:

(a) A telephone call from a toll enforcement officer to a law enforcement
agency indicating a violation, and a reasonable description of the
vehicle violating the toll enforcement regulations including, but not
limited to, the license plate of the vehicle, the make, model and color
of the vehicle;

(b) A certificate, or written report sworn to or affirmed by a toll
enforcement officer, agent of the corporation, state patrolman or
sheriff's department deputy which charged that the violation occurred, or
facsimile thereof, based upon inspection of photographs,
microphotographs, videotape or other recorded images produced by a photo
monitoring system or a photo from a photo monitoring system, shall be
prima facie evidence of the facts contained therein, subject to
foundation evidence to establish the authenticity of such photographs,
microphotographs, videotape or other recorded images produced by a photo
monitoring system, and shall be admissible in any proceeding charging a
violation of toll collection regulations, provided that any photographs,
microphotographs, videotape or other recorded images evidencing such a
violation shall be available for inspection and admission into evidence
in any proceeding to adjudicate the liability for such violations;

(2) After a report has been given to a Missouri law enforcement agency,
such agency is authorized to issue a traffic citation for failure to pay
the required toll;

(3) The law enforcement agency issuing the traffic citation is
responsible for prosecution of such citation; and

(4) The provisions of this section supplement the enforcement of sections
238.300 to 238.367 by law enforcement officers, and this section does not
prohibit a law enforcement officer from issuing a citation for a
violation of sections 238.300 to 238.367 or any violation of traffic
regulations in accordance with normal traffic enforcement procedures. (L.
1997 S.B. 67)

1. Any county of the first class may, by ordinance or order of
the county governing body, establish a county transit authority, which
shall be known as the "............ County Transit Authority" and shall
consist of five members appointed by the governing body of the county.
The county transit authority shall have the powers prescribed in sections
238.400 to 238.412. Any county transit authority created by this section
prior to August 28, 1995, shall continue in existence under sections
238.400 to 238.412.

2. The members of the transit authority shall be residents of the county
and shall have been qualified voters in the county for a period of at
least one year preceding their appointment. Not more than three members
of the transit authority shall belong to the same political party.

3. Each member shall be appointed by a majority of the governing body of
the county for a term of four years, except that of the members first
appointed, one shall be appointed for a term of one year, one for a term
of two years, one for a term of three years, and two for a term of four
years. The members shall elect from among their membership a chairman and
such other officers as the members deem necessary. Vacancies in the
transit authority shall be filled for the unexpired term in the same
manner as original appointments are made. The governing body of the
county may remove any member for cause following a hearing.

4. Three members of the transit authority shall constitute a quorum, and
any action or order of the transit authority shall require the approval
of at least three members. All members shall be reimbursed for actual and
necessary expenses incurred by them in the performance of their duties.
(L. 1991 S.B. 235 § 1, A.L. 1995 H.B. 153 merged with S.B. 212)

Any transit authority established pursuant to section 238.400
shall have the following powers:

(1) To acquire by gift, purchase or lease, sell or otherwise dispose of,
and to plan, construct, operate and maintain, or lease to others for
operation and maintenance, any airports, rail systems, wharves, docks,
harbors, and industrial parks adjacent to and necessary and convenient
thereto, bridges, tunnels, warehouses, grain elevators, commodity and
other storage facilities, sewage disposal plants, passenger
transportation facilities, and air, water, rail, motor vehicle and other
terminal or parking facilities;

(2) To plan, construct, operate, maintain, or lease to or contract with
others for operation and maintenance of any facilities described in
subdivision (1) of this section;

(3) To contract with municipalities or other political subdivisions for
the services or use of any facility owned or operated by the transit
authority, or owned or operated by any such municipality or other
political subdivision;

(4) To borrow money and to issue the negotiable notes, bonds or other
instruments in writing in evidence of the sum or sums to be borrowed;

(5) To issue negotiable refunding notes, bonds or other instruments in
writing for the purpose of refunding, extending or unifying the whole or
any part of its valid indebtedness from time to time outstanding, whether
evidenced by notes, bonds or other instruments in writing;

(6) To provide that all negotiable notes, bonds or other instruments in
writing issued either pursuant to subdivision (4) or pursuant to
subdivision (5) of this section shall be payable, both as to principal
and interest, out of the revenues collected for the use of any facility
or combination of facilities owned or operated by the transit authority
or out of any other resources of the transit authority, and may be
further secured by a mortgage or deed of trust upon any property owned by
the transit authority. All notes, bonds or other instruments in writing
issued by the transit authority shall mature in not to exceed thirty
years from the date thereof, shall bear interest at a rate not exceeding
fourteen percent per annum, and shall be sold for not less than
ninety-five percent of the par value thereof. The transit authority may
prescribe the details of such notes, bonds or other instruments in
writing, and of the issuance and sale thereof, and may enter into
covenants with the holders of such notes, bonds or other instruments in
writing, not inconsistent with the powers granted in sections 238.400 to
238.412 to the transit authority, without further legislative authority;

(7) To condemn any and all rights or property, of any kind or character
in accordance with applicable provisions of* sections 26, 27, and 28 of
article I of the Constitution of Missouri, necessary for the operation of
facilities of the transit authority, except that no rights or property of
any kind or character, now or hereafter owned, leased, controlled,
operated or used, in whole or in part, by any common carrier engaged in
interstate commerce shall be taken or appropriated by the transit
authority without first obtaining the written consent and approval of
such common carrier. The transit authority shall follow the procedure
provided by the laws of the state of Missouri for the appropriation of
land or other property taken for telegraph, telephone or railroad
rights-of-way;

(8) To contract and to be contracted with, and to sue and to be sued in
contract;

(9) To charge and collect fees for use of the facilities owned or
operated by it;

(10) To receive for its lawful activities any contributions or moneys
appropriated by municipalities, counties, the state or any other
political subdivisions or agencies, or by the federal government or any
agency or officer thereof, and to levy and collect proceeds of the sales
tax established in section 238.410;

(11) To disburse funds for its lawful activities, and to fix salaries and
wages of its officers and employees; and

(12) To invest funds not needed for immediate disbursement in property or
securities in the same manner as excess funds may be invested by any
other political subdivision. (L. 1991 S.B. 235 § 2)

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

In addition to the powers prescribed in section 238.402, any
transit authority established pursuant to section 238.400, with respect
to its dealings with the bi-state development agency created pursuant to
sections 70.370 to 70.440, RSMo, may:

(1) Cooperate with the bi-state development agency in the exercise by the
bi-state development agency of all the powers granted to it under
sections 70.370 to 70.440, RSMo;

(2) Receive funds from the bi-state development agency upon such terms
and conditions as shall be set forth in an agreement between the transit
authority and the bi-state development agency, which contract or
agreement may be for such number of years or duration as the transit
authority and the bi-state development agency may agree;

(3) Acquire from the bi-state development agency any public
transportation facility by purchase contract, gift, grant, exchange for
other property or rights in property, lease or installment or conditional
purchase contracts, which contracts or leases may provide for
consideration to be paid in annual installments during a period not
exceeding forty years. Such property may be acquired subject to such
conditions, restrictions, liens or security or other interests of other
parties as the transit authority may deem appropriate and in each case
the transit authority may acquire a joint, leasehold, easement, license
or other partial interest in such property;

(4) Lease as lessor, or provide for the use by the bi-state development
agency any public transportation facility upon such terms and for such
consideration, as the transit authority may deem proper; and

(5) Cooperate with the bi-state development agency for the protection of
employees of the transit authority and users of public transportation
facilities against crime and also to protect such facilities, but neither
the transit authority nor its officers or employees shall be held liable
for failure to provide a security or police force, or, if a security or
police force is provided, for failure to provide adequate police
protection or security, failure to prevent the commission of crimes by
fellow passengers or other third persons or for the failure to apprehend
criminals. (L. 1991 S.B. 235 § 3)

Any notes, bonds or other instruments in writing issued by a
transit authority pursuant to the provisions of sections 238.400 to
238.412 are recognized to be securities in which all state and municipal
officers and bodies, all banks, bankers, trust companies, savings banks,
savings associations, building and loan associations, investment
companies, and all other persons carrying on a banking business, all
insurance companies, insurance associations, and other persons carrying
on an insurance business, and all administrators, executors, guardians,
trustees and other fiduciaries and all other persons whatsoever who are
now or who may hereafter be authorized to invest in bonds or other
obligations of the state of Missouri may properly and legally invest any
funds, including capital, belonging to them, or within their control.
Such obligations are recognized as securities which may properly and
legally be deposited with and shall be received by any state or municipal
officer or agency for any purpose for which the deposit of bonds or other
obligations of this state is now or may hereafter be authorized. (L. 1991
S.B. 235 § 4)

All property, real and personal, owned or held by any transit
authority established pursuant to section 238.400, and all interest
income derived from any notes, bonds or other instruments in writing
issued by such transit authority, shall possess the same status, with
respect to taxation in the state of Missouri, as is now or may hereafter
be possessed by property, real and personal, owned or held by cities
within the state of Missouri, and by the interest income derived from
notes, bonds or other instruments in writing issued by such cities. (L.
1991 S.B. 235 § 5)

1. Any county transit authority established pursuant to section
238.400 may impose a sales tax of up to one percent on all retail sales
made in such county which are subject to taxation under the provisions of
sections 144.010 to 144.525, RSMo. The tax authorized by this section
shall be in addition to any and all other sales taxes allowed by law,
except that no sales tax imposed under the provisions of this section
shall be effective unless the governing body of the county, on behalf of
the transit authority, submits to the voters of the county, at a county
or state general, primary or special election, a proposal to authorize
the transit authority to impose a tax.

2. The ballot of submission shall contain, but need not be limited to,
the following language:

Shall the . . . . . . . . . Transit Authority impose a countywide sales
tax of . . . . . . . . (insert amount) in order to provide revenues for
the operation of transportation facilities operated by the transit
authority?

[ ] Yes [ ] No

If you are in favor of the question, place an "X" in the box opposite
"Yes". If you are opposed to the question, place an "X" in the box
opposite "No".

If a majority of the votes cast on the proposal by the qualified voters
voting thereon are in favor of the proposal, then the tax shall become
effective on the first day of the second calendar quarter following
notification to the department of revenue of adoption of the tax. If a
majority of the votes cast by the qualified voters voting are opposed to
the proposal, then the transit authority shall have no power to impose
the sales tax authorized by this section unless and until another
proposal to authorize the transit authority to impose the sales tax
authorized by this section has been submitted and such proposal is
approved by a majority of the qualified voters voting thereon.

3. All revenue received by the transit authority from the tax authorized
under the provisions of this section shall be deposited in a special
trust fund and shall be used solely by the transit authority for
construction, purchase, lease, maintenance and operation of
transportation facilities located within the county for so long as the
tax shall remain in effect. Any funds in such special trust fund which
are not needed for current expenditures may be invested by the transit
authority in accordance with applicable laws relating to the investment
of county funds.

4. No transit authority imposing a sales tax pursuant to this section may
repeal or amend such sales tax unless such repeal or amendment is
submitted to and approved by the voters of the county in the same manner
as provided in subsection 1 of this section for approval of such tax.
Whenever the governing body of any county in which a sales tax has been
imposed in the manner provided by this section receives a petition,
signed by ten percent of the registered voters of such county voting in
the last gubernatorial election, calling for an election to repeal such
sales tax, the governing body shall submit to the voters of such county a
proposal to repeal the sales tax imposed under the provisions of this
section. If a majority of the votes cast on the proposal by the
registered voters voting thereon are in favor of the proposal to repeal
the sales tax, then such sales tax is repealed. If a majority of the
votes cast by the registered voters voting thereon are opposed to the
proposal to repeal the sales tax, then such sales tax shall remain in
effect.

5. The sales tax imposed under the provisions of this section shall
impose upon all sellers a tax for the privilege of engaging in the
business of selling tangible personal property or rendering taxable
services at retail to the extent and in the manner provided in sections
144.010 to 144.525, RSMo, and the rules and regulations of the director
of revenue issued pursuant thereto; except that the rate of the tax shall
be the rate approved pursuant to this section. The amount reported and
returned to the director of revenue by the seller shall be computed on
the basis of the combined rate of the tax imposed by sections 144.010 to
144.525, RSMo, and the tax imposed by this section, plus any amounts
imposed under other provisions of law.

6. After the effective date of any tax imposed under the provisions of
this section, the director of revenue shall perform all functions
incident to the administration, collection, enforcement, and operation of
the tax, and the director of revenue shall collect in addition to the
sales tax for the state of Missouri the additional tax authorized under
the authority of this section. The tax imposed under this section and the
tax imposed under the sales tax law of the state of Missouri shall be
collected together and reported upon such forms and under such
administrative rules and regulations as may be prescribed by the director
of revenue. In order to permit sellers required to collect and report the
sales tax to collect the amount required to be reported and remitted, but
not to change the requirements of reporting or remitting tax or to serve
as a levy of the tax, and in order to avoid fractions of pennies, the
applicable provisions of section 144.285, RSMo, shall apply to all
taxable transactions.

7. All applicable provisions contained in sections 144.010 to 144.525,
RSMo, governing the state sales tax and section 32.057, RSMo, the uniform
confidentiality provision, shall apply to the collection of the tax
imposed by this section, except as modified in this section. All
exemptions granted to agencies of government, organizations, persons and
to the sale of certain articles and items of tangible personal property
and taxable services under the provisions of sections 144.010 to 144.525,
RSMo, are hereby made applicable to the imposition and collection of the
tax imposed by this section. The same sales tax permit, exemption
certificate and retail certificate required by sections 144.010 to
144.525, RSMo, for the administration and collection of the state sales
tax shall satisfy the requirements of this section, and no additional
permit or exemption certificate or retail certificate shall be required;
except that the director of revenue may prescribe a form of exemption
certificate for an exemption from the tax imposed by this section. All
discounts allowed the retailer under the provisions of the state sales
tax law for the collection of and for payment of taxes under chapter 144,
RSMo, are hereby allowed and made applicable to any taxes collected under
the provisions of this section. The penalties provided in section 32.057,
RSMo, and sections 144.010 to 144.525, RSMo, for a violation of those
sections are hereby made applicable to violations of this section.

8. For the purposes of a sales tax imposed pursuant to this section, all
retail sales shall be deemed to be consummated at the place of business
of the retailer, except for tangible personal property sold which is
delivered by the retailer or his agent to an out-of-state destination or
to a common carrier for delivery to an out-of-state destination and
except for the sale of motor vehicles, trailers, boats and outboard
motors, which is provided for in subsection 12 of this section. In the
event a retailer has more than one place of business in this state which
participates in the sale, the sale shall be deemed to be consummated at
the place of business of the retailer where the initial order for the
tangible personal property is taken, even though the order must be
forwarded elsewhere for acceptance, approval of credit, shipment or
billing. A sale by a retailer's employee shall be deemed to be
consummated at the place of business from which he works.

9. All sales taxes collected by the director of revenue under this
section on behalf of any transit authority, less one percent for cost of
collection which shall be deposited in the state's general revenue fund
after payment of premiums for surety bonds as provided in this section,
shall be deposited in the state treasury in a special trust fund, which
is hereby created, to be known as the "County Transit Authority Sales Tax
Trust Fund". The moneys in the county transit authority sales tax trust
fund shall not be deemed to be state funds and shall not be commingled
with any funds of the state. The director of revenue shall keep accurate
records of the amount of money in the trust fund which was collected in
each transit authority imposing a sales tax under this section, and the
records shall be open to the inspection of officers of the county and the
public. Not later than the tenth day of each month the director of
revenue shall distribute all moneys deposited in the trust fund during
the preceding month to the transit authority which levied the tax.

10. The director of revenue may authorize the state treasurer to make
refunds from the amounts in the trust fund and credited to any transit
authority for erroneous payments and overpayments made, and may authorize
the state treasurer to redeem dishonored checks and drafts deposited to
the credit of such transit authorities. If any transit authority
abolishes the tax, the transit authority shall notify the director of
revenue of the action at least ninety days prior to the effective date of
the repeal and the director of revenue may order retention in the trust
fund, for a period of one year, of two percent of the amount collected
after receipt of such notice to cover possible refunds or overpayment of
the tax and to redeem dishonored checks and drafts deposited to the
credit of such accounts. After one year has elapsed after the effective
date of abolition of the tax in such transit authority, the director of
revenue shall authorize the state treasurer to remit the balance in the
account to the transit authority and close the account of that transit
authority. The director of revenue shall notify each transit authority of
each instance of any amount refunded or any check redeemed from receipts
due the transit authority. The director of revenue shall annually report
on his management of the trust fund and administration of the sales taxes
authorized by this section. He shall provide each transit authority
imposing the tax authorized by this section with a detailed accounting of
the source of all funds received by him for the transit authority.

11. The director of revenue and any of his deputies, assistants and
employees, who shall have any duties or responsibilities in connection
with the collection, deposit, transfer, transmittal, disbursement,
safekeeping, accounting, or recording of funds which come into the hands
of the director of revenue under the provisions of this section shall
enter a surety bond or bonds payable to any and all transit authorities
in whose behalf such funds have been collected under this section in the
amount of one hundred thousand dollars; but the director of revenue may
enter into a blanket bond or bonds covering himself and all such
deputies, assistants and employees. The cost of the premium or premiums
for the surety bond or bonds shall be paid by the director of revenue
from the share of the collection retained by the director of revenue for
the benefit of the state.

12. Sales taxes imposed pursuant to this section and use taxes on the
purchase and sale of motor vehicles, trailers, boats, and outboard motors
shall not be collected and remitted by the seller, but shall be collected
by the director of revenue at the time application is made for a
certificate of title, if the address of the applicant is within a county
where a sales tax is imposed under this section. The amounts so
collected, less the one percent collection cost, shall be deposited in
the county transit authority sales tax trust fund. The purchase or sale
of motor vehicles, trailers, boats, and outboard motors shall be deemed
to be consummated at the address of the applicant. As used in this
subsection, the term "boat" shall only include motorboats and vessels as
the terms "motorboat" and "vessel" are defined in section 306.010, RSMo.

13. In any county where the transit authority sales tax has been imposed,
if any person is delinquent in the payment of the amount required to be
paid by him under this section or in the event a determination has been
made against him for taxes and penalty under this section, the limitation
for bringing suit for the collection of the delinquent tax and penalty
shall be the same as that provided in sections 144.010 to 144.525, RSMo.
Where the director of revenue has determined that suit must be filed
against any person for the collection of delinquent taxes due the state
under the state sales tax law, and where such person is also delinquent
in payment of taxes under this section, the director of revenue shall
notify the transit authority to which delinquent taxes are due under this
section by United States registered mail or certified mail at least ten
days before turning the case over to the attorney general. The transit
authority, acting through its attorney, may join in such suit as a party
plaintiff to seek a judgment for the delinquent taxes and penalty due
such transit authority. In the event any person fails or refuses to pay
the amount of any sales tax due under this section, the director of
revenue shall promptly notify the transit authority to which the tax
would be due so that appropriate action may be taken by the transit
authority.

14. Where property is seized by the director of revenue under the
provisions of any law authorizing seizure of the property of a taxpayer
who is delinquent in payment of the tax imposed by the state sales tax
law, and where such taxpayer is also delinquent in payment of any tax
imposed by this section, the director of revenue shall permit the transit
authority to join in any sale of property to pay the delinquent taxes and
penalties due the state and to the transit authority under this section.
The proceeds from such sale shall first be applied to all sums due the
state, and the remainder, if any, shall be applied to all sums due such
transit authority under this section.

15. The transit authority created under the provisions of sections
238.400 to 238.412 shall notify any and all affected businesses of the
change in tax rate caused by the imposition of the tax authorized by
sections 238.400 to 238.412. (L. 1991 S.B. 235 § 6)

No elected official in any city or county establishing a transit
authority under the provisions of sections 238.400 to 238.412, acting in
his own self-interest for profit or acting on behalf of any firm,
corporation, person, or other legal entity with whom such official is
engaged in any contractual agreement, shall seek, apply for, or be
awarded any federal or state funds appropriated for the purpose of
conducting a feasibility study of any proposed public transportation
system within such city or county.

(L. 1991 S.B. 235 § 7)

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