Effective - 28 Aug 2003
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 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.
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(L. 1990 S.B. 479 & 649 § 41, A.L. 1997 S.B. 303, A.L. 2003 H.B. 668)
Structure Missouri Revised Statutes
Title XIV - Roads and Waterways
Chapter 238 - Transportation Districts and Transportation Corporations, Special Projects
Section 238.010 - Compact between Missouri and Kansas — powers and duties of authority.
Section 238.020 - Compact, when binding, where filed.
Section 238.030 - Authority may apply for approval of Congress.
Section 238.040 - Tax status of property and securities of authority.
Section 238.050 - Securities of authority recognized as lawful investments.
Section 238.060 - Commissioners, appointment, terms.
Section 238.070 - Qualifications of commissioners.
Section 238.080 - Compensation and expenses of commissioners.
Section 238.090 - Powers and duties of commissioners.
Section 238.100 - Additional powers and duties of commissioners.
Section 238.200 - Citation of law.
Section 238.202 - Definitions.
Section 238.205 - Purpose of district — district to be political subdivision.
Section 238.210 - Hearing, how conducted — opposition to district, how filed — appeals, how.
Section 238.212 - Notice to public, how.
Section 238.215 - Election, when — ballot, form of — results.
Section 238.217 - Costs of petition process, how paid.
Section 238.220 - Directors, election of, how, qualifications — advisors, appointed when, duties.
Section 238.227 - Funding mechanisms authorized — deposits with commission or authority, purpose.
Section 238.232 - Property tax, vote required — election, ballot form — collection of tax.
Section 238.233 - Collection of revenues.
Section 238.237 - Toll roads, allowed when — election, ballot form.
Section 238.240 - Indebtedness, authorized — bonds, authority to issue — limitations.
Section 238.245 - Property, district may purchase and control access.
Section 238.250 - Contractual powers.
Section 238.252 - Powers — generally.
Section 238.255 - Insurance, district may obtain — purposes — self-insurance not allowed, exception.
Section 238.257 - Projects, number of, changes — procedures, election required, ballot form.
Section 238.260 - Commission and authority may provide assistance, how.
Section 238.262 - Rules, commission may adopt.
Section 238.265 - Conveyance of property to district, how.
Section 238.267 - Projects, regulation of — treatment as part of state or local system, when.
Section 238.270 - Local transportation authority not to control project improvements, exception.
Section 238.272 - Audit authorized, when — costs, payment of.
Section 238.280 - Posting of increase in sales tax, when.
Section 238.300 - Citation of law.
Section 238.302 - Definitions.
Section 238.305 - Purpose of law.
Section 238.307 - Corporation, creation of, purpose — organization, nonprofit — tax-exempt status.
Section 238.312 - Articles of incorporation, contents, amendment — filing.
Section 238.317 - Bylaws, adoption and approval.
Section 238.320 - Project plans, commission approval of.
Section 238.322 - Funding mechanisms, allowable — deposits with commission, purpose.
Section 238.327 - Indebtedness authorized — bonds, may be issued.
Section 238.332 - Property, corporation may purchase and control access.
Section 238.337 - Contractual powers.
Section 238.340 - Powers — generally.
Section 238.342 - Indemnification of directors, employees.
Section 238.345 - Commission may provide assistance, how.
Section 238.347 - Rules, commission may adopt.
Section 238.350 - Projects, regulation of — treatment as part of highway system, when.
Section 238.355 - Dissolution by commission, procedures, limitations.
Section 238.357 - Dissolution by board, procedures.
Section 238.402 - County first class transit authority — powers, generally.
Section 238.406 - Instruments issued by transit authority to be recognized as securities.
Section 238.408 - Property held by transit authority — status for purposes of taxation.
Section 238.412 - Certain public officials prohibited from award of government funds.