Title XIV — ROADS AND WATERWAYS

227.552. Definitions. — As used in sections 227.551 to 227.559, the following terms shall mean: (1) "Act of God", an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have bee…

227.553. Utility facilities located in right-of-way, survey required — notification requirements. — 1. At the earliest possible date in the design of a construction project on a state highway, the commission shall attempt to determine what utility facilities are located within th…

227.554. Project plans to be provided to owners of utility facilities, content — preliminary plan of adjustment, contents — utility coordination meeting required, when. — 1. Upon completion of the initial design of the construction project, the commission shall provide at least o…

227.555. Relocation plan, contents — review of plan — meeting for coordination of work required — notification of approval of plan. — 1. Within one hundred twenty days of receiving written notice of approval of the utility plan of adjustment from the commission, the owner shall p…

227.556. Revised project plan required, when. — 1. If, prior to the letting date of the construction project, the commission's project plan is changed so that additional or different utility relocation work is found necessary, the commission shall furnish a revised project plan u…

227.557. Method of providing notices, responses, and plans — notice of excavation required. — 1. The commission shall have authority to require that any required notice, response, or plan be submitted by mail or certified mail. Otherwise notices, plans, and other statements in wr…

227.558. Damages for failure to respond or correct project plans or failure to relocate — exceptions — removal and relocation at expense of owner. — 1. If the owner of a utility facility fails to provide the responses or corrections to project plans required by sections 227.553 t…

227.559. Ordinances, policies, resolutions, or regulations permitted (St. Charles). — Any home rule city having a population of sixty thousand inhabitants or greater or any charter county of the first classification may adopt ordinances, policies, resolutions, or regulations cons…

227.600. Citation of law — definitions — tube transport system, power of eminent domain inapplicable, no use of state road fund — sunset provision. — 1. Sections 227.600 to 227.669 shall be known and may be cited as the "Missouri Public-Private Partnerships Transportation Act". 2…

227.601. Concession agreements, projects owned by political subdivision — approval — definitions — requirements — exemptions. — 1. Notwithstanding any provision of sections 227.600 to 227.669 to the contrary, the process and approval for concession agreements to build, maintain, …

227.603. Legislative findings — construction. — 1. The general assembly finds that: (1) The present and prospective traffic congestion in the designated region of the project and the limited availability of state moneys require such project for the public safety, health, and welf…

[Repealed or reserved.]

227.609. Procurement process — notice — responsive bids, processing fee prohibited. — 1. The commission shall use a competitive procurement process to form a public-private partnership under sections 227.600 to 227.669 and may proceed with a project under sections 227.600 to 227.…

227.612. Process for receiving and reviewing requests, requirements — policy prohibiting agreements with sponsors of terrorism. — 1. The commission shall establish a process for the receipt and review of a request for approval or request for proposal. Such process shall, at a min…

227.615. Approval of projects — procedure. — 1. The commission may by commission minute preliminarily approve the project if the commission determines the project will improve and is a needed addition to the state transportation system. 2. After a project has been preliminarily a…

227.618. Tentative approval, criteria — interim agreements, requirements. — 1. The commission may by commission minute grant tentative approval of the potential private partner whose request for approval or response to a request for proposal provides the best value to the state f…

227.621. Approval of comprehensive agreements, requirements. — Prior to granting its final approval of a private partner to finance, develop, and/or operate the project, the commission shall review and approve by commission minute a comprehensive agreement in a form and manner pr…

227.624. Terminating negotiations, rejecting requests and responses. — If the commission is not satisfied with the results of negotiations with a potential private partner for an agreement, the commission may terminate negotiations with the potential private partner. The commissi…

227.627. Closed records, when, open records, when. — All information of any kind submitted by a potential private partner to the commission under a request for approval as provided in section 227.606 or under a response to a request for proposal as provided in section 227.609 sha…

227.630. Powers of private partners. — The private partner shall have the following powers: (1) To contract with a federal agency, a state or its agencies and political subdivisions, the commission, a local or regional transportation authority, a corporation, a partnership, or an…

227.633. Private partner to provide financial information — bond may be required. — 1. The private partner shall, in connection with the financing, development, and/or operation of the project, provide the following: (1) Security and warranties in the forms and amounts satisfacto…

227.636. Powers of the commission. — The commission may: (1) Delegate any of the commission's powers under sections 227.600 to 227.669 to the department to carry out the purposes of sections 227.600 to 227.669; (2) Promulgate rules to implement the provisions of sections 227.600 …

227.639. User fees. — The commission may impose user fees for the project. The comprehensive agreement shall provide the rate of such user fees as may be established by agreement of the commission and the private partner. Such user fees shall be set in an amount that takes into a…

227.642. Additional powers of commission, assistance, contracts — loans to private partners. — 1. The commission may take any action to obtain federal, state, or local government or private sector assistance for the project and may enter into any contracts required for such assis…

227.645. Financing terms and conditions — private partner may issue bonds, requirements — contract to issue bonds and loan proceeds. — 1. Any financing of the project may be in such amounts and upon such terms and conditions as may be determined by the commission and the private …

227.646. Revenues tax-exempt. — Any revenues received under sections 227.600 to 227.669 shall be exempt from any tax on income imposed by any law of this state. ­­-------- (L. 2009 H.B. 683)

227.648. Agreements authorizing private partner regarding procurement. — The commission may by agreement authorize or require a private partner to exercise any of the following provisions regarding procurement for the financing, development, and/or operation of the project: (1) U…

227.651. Private partner to provide plan, contents. — The private partner shall provide the commission a detailed disadvantaged business enterprise participation plan that conforms to commission reporting requirements for the federal disadvantaged business enterprise program unde…

227.654. Right-of-way or easement authorized. — The commission may lease to or for the use of a private partner the project or such right-of-way or other easement in such real estate as the commission deems necessary for the development and/or operation of the project. Such lease…

227.657. Condemnation authorized — requirements — surveying, damages to private property. — 1. The commission may condemn lands for the project in the name of the state of Missouri. 2. If condemnation becomes necessary, the commission shall act under chapter 523, and may condemn …

227.660. Collection of user fees — notice of tolls — penalty — admissibility of reports and telephone calls — toll collection and traffic citation procedures. — 1. The private partner may use any method for collecting and enforcing user fees for the use of the project which may i…

227.663. Limitation of liability. — 1. As a result of the project being a public use and serving the public safety, health, and welfare, tort liability caps are hereby established in this section and made applicable to any private partner and such private partner's employees, age…

227.666. Notice of material default and opportunity to cure — remedies. — 1. Prior to exercising any of the remedies under this section, the commission shall provide notice of a material default and the opportunity to cure the default for the benefit of the private partner and an…

227.669. Annual status report. — The commission shall submit an annual status report to the governor and general assembly following execution of the comprehensive agreement as an individual component of the annual report submitted by the commission to the joint transportation ove…

227.774. George Washington Highway designated for portion of State Highway 94 in St. Charles County. — The portion of State Highway 94 from State Highway TT to State Highway F in St. Charles County shall be designated as "George Washington Highway". The department of transportati…

227.775. Daniel Boone Highway designated for a portion of State Highway F in St. Charles County. — The portion of State Highway F from State Highway 94 continuing west to Femme Osage Creek Road in St. Charles County shall be designated as "Daniel Boone Highway". The department of…

227.777. US Navy FA Paul Akers Jr Memorial Bridge designated for a bridge on State Highway 17 in Pulaski County. — The bridge on State Highway 17 crossing over the BSNF Railroad south of the city of Crocker in Pulaski County shall be designated as "US Navy FA Paul Akers Jr Memori…

227.778. Stars and Stripes Highway designated for a portion of State Highway 25 in Stoddard County. — The portion of State Highway 25 from U.S. Highway 60 continuing north to Mary Street in Stoddard County shall be designated as "Stars and Stripes Highway". The department of tran…

227.779. Police Officer Michael V Langsdorf Memorial Bridge designated for a bridge on I-55 in St. Louis County. — The bridge on Interstate 55 crossing over Butler Hill Road in St. Louis County shall be designated as "Police Officer Michael V Langsdorf Memorial Bridge". The depar…

227.780. PFC Dale Raymond Jackson Memorial Highway designated for portion of State Highway 163 in Boone County. — The portion of State Highway 163 from Stadium Boulevard/State Highway 740 continuing south to Mick Deaver Drive in Boone County shall be designated as "PFC Dale Raymo…

227.781. Corporal Stephen Lee Irvin Memorial Highway designated for portion of State Highway 163 in Boone County. — The portion of State Highway 163 from Mick Deaver Drive to Old Route K in Boone County shall be designated as "Corporal Stephen Lee Irvin Memorial Highway". The dep…

227.782. CPL Daniel Joseph Heibel Memorial Highway designated for portion of State Highway 163 in Boone County. — The portion of State Highway 163 from Old Route K to Green Meadows Drive in Boone County shall be designated as "CPL Daniel Joseph Heibel Memorial Highway". The depar…

227.783. LCPL Larry Harold Coleman Memorial Highway designated for portion of State Highway 163 in Boone County. — The portion of State Highway 163 from Green Meadows Drive to Nifong in Boone County shall be designated as "LCPL Larry Harold Coleman Memorial Highway". The departme…

227.784. VFW Post 2025 Memorial Bridge designated for a bridge on U.S. State Highway 63 in Phelps County. — The bridge on U.S. State Highway 63 crossing over Beaver Creek in Phelps County shall be designated as "VFW Post 2025 Memorial Bridge". The department of transportation sha…

227.785. Ripley County Veterans Memorial Bridge designated for a bridge on State Highway 21 in Ripley County. — The bridge on State Highway 21 crossing over the Current River in Ripley County shall be designated as "Ripley County Veterans Memorial Bridge". The department of trans…

227.786. Captain David Dorn Memorial Highway designated for a portion of State Highway 180 in St. Louis. — The portion of State Highway 180 from Interstate 170 continuing to Kienlen Avenue shall be designated as "Captain David Dorn Memorial Highway". The department of transportat…

227.787. Captain David Dorn Memorial Highway designated for a portion of I-70 in St. Louis City. — The portion of Interstate 70 from Shreve Road continuing to Kingshighway Boulevard shall be designated as "Captain David Dorn Memorial Highway". The department of transportation sha…

227.788. Police Surgeon James F Cooper MD Memorial Bridge designated for a bridge on I-64 in St. Louis City. — The bridge on Interstate 64 crossing over Sarah Street in St. Louis City shall be designated as the "Police Surgeon James F Cooper MD Memorial Bridge". The department of…

227.789. Billy Ray - Cousin Carl - Anderson Memorial Highway designated for a portion of State Highway 91 and State Highway C in Scott County. — The portion of State Highway 91 from U.S. State 61 to State Highway C and continuing east on State Highway C through the city of Morley…

227.793. Nathanael Greene Highway designated for portion of I-44 in Greene County. — The portion of Interstate 44 from State Highway 744/N. MulRoy Road continuing east to RA IS 44 Strafford/Greene County Line in Greene County shall be designated the "Nathanael Greene Highway". Th…