Title XIV — ROADS AND WATERWAYS

238.010. Compact between Missouri and Kansas — powers and duties of authority. — 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 wi…

238.020. Compact, when binding, where filed. — 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)

238.030. Authority may apply for approval of Congress. — 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 compac…

238.040. Tax status of property and securities of authority. — 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 po…

238.050. Securities of authority recognized as lawful investments. — 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 st…

238.060. Commissioners, appointment, terms. — 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 fr…

238.070. Qualifications of commissioners. — 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…

238.080. Compensation and expenses of commissioners. — 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 …

238.090. Powers and duties of commissioners. — 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 "Kans…

238.100. Additional powers and duties of commissioners. — 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 transpo…

238.200. Citation of law. — 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

238.202. Definitions. — 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 u…

238.205. Purpose of district — district to be political subdivision. — 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.…

238.207. Creation of district, procedures — district to be contiguous, size requirements — petition, contents — alternative method. — 1. Whenever the creation of a district is desired, not less than fifty registered voters from each county partially or totally within the proposed…

238.208. Annexation of property adjacent to a transportation district, procedure — removal of property, procedure. — 1. The owners of property adjacent to a transportation district formed under the Missouri transportation development district act may petition the court by unanimo…

238.210. Hearing, how conducted — opposition to district, how filed — appeals, how. — 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 an…

*238.212. Notice to public, how. — 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 p…

238.215. Election, when — ballot, form of — results. — 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 sub…

238.216. Election procedure, duties of court — application for ballot, contents — mail-in elections, affidavit form, procedure — unanimous verified petition submitted, when — results entered, how. — 1. Except as otherwise provided in section 238.220 with respect to the election o…

238.217. Costs of petition process, how paid. — 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 organize…

238.220. Directors, election of, how, qualifications — advisors, appointed when, duties. — 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 follow…

*238.222. Powers of board, generally — officers, meetings, expenses — quorum — notification of organization — submission to state auditor and department of revenue. — 1. The board shall possess and exercise all of the district's legislative and executive powers. 2. Within thirty …

238.225. Projects, submission of plans to commission, approval — submission to local transportation authority, when — exemption. — 1. Before construction or funding of any project the district shall submit the proposed project to the commission for its prior approval. If the comm…

238.227. Funding mechanisms authorized — deposits with commission or authority, purpose. — 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 …

238.230. Special assessments, vote required — election, ballot form — petition form — effect of failure of question. — 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…

238.232. Property tax, vote required — election, ballot form — collection of tax. — 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 ce…

238.233. Collection of revenues. — 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 ar…

238.235. Sales tax, certain districts, exemptions from tax — election, ballot form — procedures for collection, distribution, use — repeal of tax — not considered economic activity tax. — 1. (1) Any transportation development district may by resolution impose a transportation dev…

238.236. Sales tax for transportation development district on all retail sales authorized — ballot form, content — rate of tax collection — fund created, lapse to general revenue prohibited — distribution — procedure to repeal tax. — 1. This section shall not apply to any tax lev…

238.237. Toll roads, allowed when — election, ballot form. — 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…

238.240. Indebtedness, authorized — bonds, authority to issue — limitations. — 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 …

238.242. Revenue bonds, authorized — procedures, requirements — refunding bonds — tax-exempt status. — 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 o…

238.245. Property, district may purchase and control access. — 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 fr…

238.247. Condemnation, subject to commission or authority approval, ordinance of local governing body — procedures — relocation expenses to be paid, how. — 1. The district may condemn lands for a project in the name of the state of Missouri, upon prior approval by the commission,…

238.250. Contractual powers. — 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, c…

238.252. Powers — generally. — 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…

238.255. Insurance, district may obtain — purposes — self-insurance not allowed, exception. — 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 liabili…

238.257. Projects, number of, changes — procedures, election required, ballot form. — 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 compl…

238.260. Commission and authority may provide assistance, how. — 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, co…

238.262. Rules, commission may adopt. — The commission is authorized to adopt reasonable administrative rules relating to transportation development districts under chapter 536. ­­-------- (L. 1990 S.B. 479 & 649 § 60) Effective 5-30-90

238.265. Conveyance of property to district, how. — 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 suc…

238.267. Projects, regulation of — treatment as part of state or local system, when. — 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 and all projects to be transferred to a…

238.270. Local transportation authority not to control project improvements, exception. — 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 con…

238.272. Audit authorized, when — costs, payment of. — 1. The state auditor may audit each district not more than once every three years. The actual costs of this audit shall be paid by the district except that the costs of the audit to the district shall not exceed three percent…

238.275. Projects, transfer to commission or authority, when — abolishment of district, procedures, duties. — 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 a…

238.280. Posting of increase in sales tax, when. — In each transportation development district in which a sales tax has been imposed or increased under section 238.235, every retailer shall prominently display the rate of the sales tax imposed or increased at the cash register ar…

238.300. Citation of law. — 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)

238.302. Definitions. — 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 tr…

238.305. Purpose of law. — 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 …

238.307. Corporation, creation of, purpose — organization, nonprofit — tax-exempt status. — 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…