Effective - 28 Aug 2007
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 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 benefitted 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 benefitted 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 benefitted 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 benefitted 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.
5. A district may establish different classes or subclasses of real property within the district for purposes of levying differing rates of special assessments. The levy rate for special assessments may vary for each class or subclass of real property based on the level of benefit derived by each class or subclass from projects funded by the district.
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(L. 1990 S.B. 479 & 649 § 47, A.L. 1997 S.B. 303, A.L. 2007 S.B. 22)
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.