Creation of district, procedures--district to be contiguous, sizerequirements--petition, contents--alternative method.
238.207. 1. Whenever the creation of a district is desired, not lessthan fifty registered voters from each county partially or totally withinthe proposed district may file a petition requesting the creation of adistrict. However, if no persons eligible to be registered voters residewithin the district, the owners of record of all of the real property,except public streets, located within the proposed district may file apetition requesting the creation of a district. The petition shall befiled in the circuit court of any county partially or totally within theproposed district.
2. Alternatively, the governing body of any local transportationauthority within any county in which a proposed project may be located mayfile a petition in the circuit court of that county, requesting thecreation of a district.
3. The proposed district area shall be contiguous and may contain allor any portion of one or more municipalities and counties; provided:
(1) Property separated only by public streets, easements orrights-of-way shall be considered contiguous;
(2) In the case of a district formed pursuant to a petition filed bythe owners of record of all of the real property located within theproposed district, the proposed district area need not contain contiguousproperties if:
(a) The petition provides that the only funding method for projectcosts will be a sales tax;
(b) The court finds that all of the real property located within theproposed district will benefit by the projects to be undertaken by thedistrict; and
(c) Each parcel within the district is within five miles of everyother parcel; and
(3) In the case of a district created pursuant to subsection 5 ofthis section, property separated only by public streets, easements, orrights-of-way or connected by a single public street, easement, orright-of-way shall be considered contiguous.
4. The petition shall set forth:
(1) The name, voting residence and county of residence of eachindividual petitioner, or, if no persons eligible to be registered votersreside within the proposed district, the name and address of each owner ofrecord of real property located within the proposed district, or shallrecite that the petitioner is the governing body of a local transportationauthority acting in its official capacity;
(2) The name and address of each respondent. Respondents mustinclude the commission and each affected local transportation authoritywithin the proposed district, except a petitioning local transportationauthority;
(3) A specific description of the proposed district boundariesincluding a map illustrating such boundaries;
(4) A general description of each project proposed to be undertakenby that district, including a description of the approximate location ofeach project;
(5) The estimated project costs and the anticipated revenues to becollected from the project;
(6) The name of the proposed district;
(7) The number of members of the board of directors of the proposeddistrict, which shall be not less than five or more than fifteen;
(8) A statement that the terms of office of initial board membersshall be staggered in approximately equal numbers to expire in one, two orthree years;
(9) If the petition was filed by registered voters or by a governingbody, a request that the question be submitted to the qualified voterswithin the limits of the proposed district whether they will establish atransportation development district to develop a specified project orprojects;
(10) A proposal for funding the district initially, pursuant to theauthority granted in sections 238.200 to 238.275, together with a requestthat the funding proposal be submitted to the qualified voters within thelimits of the proposed district; provided, however, the funding method ofspecial assessments may also be approved as provided in subsection 1 ofsection 238.230;
(11) A statement that the proposed district shall not be an undueburden on any owner of property within the district and is not unjust orunreasonable; and
(12) Details of the budgeted expenditures, including estimatedexpenditures for real physical improvements, estimated land acquisitionexpenses, estimated expenses for professional services and estimatedinterest charges.
5. (1) As an alternative to the methods described in subsections 1and 2 of this section, if two or more local transportation authorities haveadopted resolutions calling for the joint establishment of a district, thegoverning body of any one such local transportation authority may file apetition in the circuit court of any county in which the proposed projectis located requesting the creation of a district; or, if not less thanfifty registered voters from each of two or more counties sign a petitioncalling for the joint establishment of a district for the purpose ofdeveloping a project that lies in whole or in part within those samecounties, the petition may be filed in the circuit court of any of thosecounties in which not less than fifty registered voters have signed thepetition.
(2) The proposed district area shall be contiguous and may containall or any portion of one or more municipalities and counties. Propertyseparated only by public streets, easements, or rights-of-way or connectedby a single public street, easement, or right-of-way shall be consideredcontiguous.
(3) The petition shall set forth:
(a) That the petitioner is the governing body of a localtransportation authority acting in its official capacity; or, if thepetition was filed by obtaining the signatures of not less than fiftyregistered voters in each of two or more counties, it shall set forth thename, voting residence, and county of residence of each individualpetitioner;
(b) The name of each local transportation authority within theproposed district. The resolution of the governing body of each localtransportation authority calling for the joint establishment of thedistrict shall be attached to the petition;
(c) The name and address of each respondent. Respondents mustinclude the commission and each affected local transportation authoritywithin the proposed district, except a petitioning local transportationauthority;
(d) A specific description of the proposed district boundariesincluding a map illustrating such boundaries;
(e) A general description of each project proposed to be undertakenby the district, including a description of the approximate location ofeach project;
(f) The name of the proposed district;
(g) The number of members of the board of directors of the proposeddistrict;
(h) A request that the question be submitted to the qualified voterswithin the limits of the proposed district whether they will establish atransportation development district to develop the projects described inthe petition;
(i) A proposal for funding the district initially, pursuant to theauthority granted in sections 238.200 to 238.275, together with a requestthat the imposition of the funding proposal be submitted to the qualifiedvoters residing within the limits of the proposed district; provided,however, the funding method of special assessments may also be approved asprovided in subsection 1 of section 238.230; and
(j) A statement that the proposed district shall not be an undueburden on any owner of property within the district and is not unjust orunreasonable.
Creation of district, procedures--district to be contiguous, sizerequirements--petition, contents--alternative method.
238.207. 1. Whenever the creation of a district is desired, not lessthan fifty registered voters from each county partially or totally withinthe proposed district may file a petition requesting the creation of adistrict. However, if no persons eligible to be registered voters residewithin the district, the owners of record of all of the real property,except public streets, located within the proposed district may file apetition requesting the creation of a district. The petition shall befiled in the circuit court of any county partially or totally within theproposed district.
2. Alternatively, the governing body of any local transportationauthority within any county in which a proposed project may be located mayfile a petition in the circuit court of that county, requesting thecreation of a district.
3. The proposed district area shall be contiguous and may contain allor any portion of one or more municipalities and counties; provided:
(1) Property separated only by public streets, easements orrights-of-way shall be considered contiguous;
(2) In the case of a district formed pursuant to a petition filed bythe owners of record of all of the real property located within theproposed district, the proposed district area need not contain contiguousproperties if:
(a) The petition provides that the only funding method for projectcosts will be a sales tax;
(b) The court finds that all of the real property located within theproposed district will benefit by the projects to be undertaken by thedistrict; and
(c) Each parcel within the district is within five miles of everyother parcel; and
(3) In the case of a district created pursuant to subsection 5 ofthis section, property separated only by public streets, easements, orrights-of-way or connected by a single public street, easement, orright-of-way shall be considered contiguous.
4. The petition shall set forth:
(1) The name, voting residence and county of residence of eachindividual petitioner, or, if no persons eligible to be registered votersreside within the proposed district, the name and address of each owner ofrecord of real property located within the proposed district, or shallrecite that the petitioner is the governing body of a local transportationauthority acting in its official capacity;
(2) The name and address of each respondent. Respondents mustinclude the commission and each affected local transportation authoritywithin the proposed district, except a petitioning local transportationauthority;
(3) A specific description of the proposed district boundariesincluding a map illustrating such boundaries;
(4) A general description of each project proposed to be undertakenby that district, including a description of the approximate location ofeach project;
(5) The estimated project costs and the anticipated revenues to becollected from the project;
(6) The name of the proposed district;
(7) The number of members of the board of directors of the proposeddistrict, which shall be not less than five or more than fifteen;
(8) A statement that the terms of office of initial board membersshall be staggered in approximately equal numbers to expire in one, two orthree years;
(9) If the petition was filed by registered voters or by a governingbody, a request that the question be submitted to the qualified voterswithin the limits of the proposed district whether they will establish atransportation development district to develop a specified project orprojects;
(10) A proposal for funding the district initially, pursuant to theauthority granted in sections 238.200 to 238.275, together with a requestthat the funding proposal be submitted to the qualified voters within thelimits of the proposed district; provided, however, the funding method ofspecial assessments may also be approved as provided in subsection 1 ofsection 238.230;
(11) A statement that the proposed district shall not be an undueburden on any owner of property within the district and is not unjust orunreasonable; and
(12) Details of the budgeted expenditures, including estimatedexpenditures for real physical improvements, estimated land acquisitionexpenses, estimated expenses for professional services and estimatedinterest charges.
5. (1) As an alternative to the methods described in subsections 1and 2 of this section, if two or more local transportation authorities haveadopted resolutions calling for the joint establishment of a district, thegoverning body of any one such local transportation authority may file apetition in the circuit court of any county in which the proposed projectis located requesting the creation of a district; or, if not less thanfifty registered voters from each of two or more counties sign a petitioncalling for the joint establishment of a district for the purpose ofdeveloping a project that lies in whole or in part within those samecounties, the petition may be filed in the circuit court of any of thosecounties in which not less than fifty registered voters have signed thepetition.
(2) The proposed district area shall be contiguous and may containall or any portion of one or more municipalities and counties. Propertyseparated only by public streets, easements, or rights-of-way or connectedby a single public street, easement, or right-of-way shall be consideredcontiguous.
(3) The petition shall set forth:
(a) That the petitioner is the governing body of a localtransportation authority acting in its official capacity; or, if thepetition was filed by obtaining the signatures of not less than fiftyregistered voters in each of two or more counties, it shall set forth thename, voting residence, and county of residence of each individualpetitioner;
(b) The name of each local transportation authority within theproposed district. The resolution of the governing body of each localtransportation authority calling for the joint establishment of thedistrict shall be attached to the petition;
(c) The name and address of each respondent. Respondents mustinclude the commission and each affected local transportation authoritywithin the proposed district, except a petitioning local transportationauthority;
(d) A specific description of the proposed district boundariesincluding a map illustrating such boundaries;
(e) A general description of each project proposed to be undertakenby the district, including a description of the approximate location ofeach project;
(f) The name of the proposed district;
(g) The number of members of the board of directors of the proposeddistrict;
(h) A request that the question be submitted to the qualified voterswithin the limits of the proposed district whether they will establish atransportation development district to develop the projects described inthe petition;
(i) A proposal for funding the district initially, pursuant to theauthority granted in sections 238.200 to 238.275, together with a requestthat the imposition of the funding proposal be submitted to the qualifiedvoters residing within the limits of the proposed district; provided,however, the funding method of special assessments may also be approved asprovided in subsection 1 of section 238.230; and
(j) A statement that the proposed district shall not be an undueburden on any owner of property within the district and is not unjust orunreasonable.
Creation of district, procedures--district to be contiguous, sizerequirements--petition, contents--alternative method.
238.207. 1. Whenever the creation of a district is desired, not lessthan fifty registered voters from each county partially or totally withinthe proposed district may file a petition requesting the creation of adistrict. However, if no persons eligible to be registered voters residewithin the district, the owners of record of all of the real property,except public streets, located within the proposed district may file apetition requesting the creation of a district. The petition shall befiled in the circuit court of any county partially or totally within theproposed district.
2. Alternatively, the governing body of any local transportationauthority within any county in which a proposed project may be located mayfile a petition in the circuit court of that county, requesting thecreation of a district.
3. The proposed district area shall be contiguous and may contain allor any portion of one or more municipalities and counties; provided:
(1) Property separated only by public streets, easements orrights-of-way shall be considered contiguous;
(2) In the case of a district formed pursuant to a petition filed bythe owners of record of all of the real property located within theproposed district, the proposed district area need not contain contiguousproperties if:
(a) The petition provides that the only funding method for projectcosts will be a sales tax;
(b) The court finds that all of the real property located within theproposed district will benefit by the projects to be undertaken by thedistrict; and
(c) Each parcel within the district is within five miles of everyother parcel; and
(3) In the case of a district created pursuant to subsection 5 ofthis section, property separated only by public streets, easements, orrights-of-way or connected by a single public street, easement, orright-of-way shall be considered contiguous.
4. The petition shall set forth:
(1) The name, voting residence and county of residence of eachindividual petitioner, or, if no persons eligible to be registered votersreside within the proposed district, the name and address of each owner ofrecord of real property located within the proposed district, or shallrecite that the petitioner is the governing body of a local transportationauthority acting in its official capacity;
(2) The name and address of each respondent. Respondents mustinclude the commission and each affected local transportation authoritywithin the proposed district, except a petitioning local transportationauthority;
(3) A specific description of the proposed district boundariesincluding a map illustrating such boundaries;
(4) A general description of each project proposed to be undertakenby that district, including a description of the approximate location ofeach project;
(5) The estimated project costs and the anticipated revenues to becollected from the project;
(6) The name of the proposed district;
(7) The number of members of the board of directors of the proposeddistrict, which shall be not less than five or more than fifteen;
(8) A statement that the terms of office of initial board membersshall be staggered in approximately equal numbers to expire in one, two orthree years;
(9) If the petition was filed by registered voters or by a governingbody, a request that the question be submitted to the qualified voterswithin the limits of the proposed district whether they will establish atransportation development district to develop a specified project orprojects;
(10) A proposal for funding the district initially, pursuant to theauthority granted in sections 238.200 to 238.275, together with a requestthat the funding proposal be submitted to the qualified voters within thelimits of the proposed district; provided, however, the funding method ofspecial assessments may also be approved as provided in subsection 1 ofsection 238.230;
(11) A statement that the proposed district shall not be an undueburden on any owner of property within the district and is not unjust orunreasonable; and
(12) Details of the budgeted expenditures, including estimatedexpenditures for real physical improvements, estimated land acquisitionexpenses, estimated expenses for professional services and estimatedinterest charges.
5. (1) As an alternative to the methods described in subsections 1and 2 of this section, if two or more local transportation authorities haveadopted resolutions calling for the joint establishment of a district, thegoverning body of any one such local transportation authority may file apetition in the circuit court of any county in which the proposed projectis located requesting the creation of a district; or, if not less thanfifty registered voters from each of two or more counties sign a petitioncalling for the joint establishment of a district for the purpose ofdeveloping a project that lies in whole or in part within those samecounties, the petition may be filed in the circuit court of any of thosecounties in which not less than fifty registered voters have signed thepetition.
(2) The proposed district area shall be contiguous and may containall or any portion of one or more municipalities and counties. Propertyseparated only by public streets, easements, or rights-of-way or connectedby a single public street, easement, or right-of-way shall be consideredcontiguous.
(3) The petition shall set forth:
(a) That the petitioner is the governing body of a localtransportation authority acting in its official capacity; or, if thepetition was filed by obtaining the signatures of not less than fiftyregistered voters in each of two or more counties, it shall set forth thename, voting residence, and county of residence of each individualpetitioner;
(b) The name of each local transportation authority within theproposed district. The resolution of the governing body of each localtransportation authority calling for the joint establishment of thedistrict shall be attached to the petition;
(c) The name and address of each respondent. Respondents mustinclude the commission and each affected local transportation authoritywithin the proposed district, except a petitioning local transportationauthority;
(d) A specific description of the proposed district boundariesincluding a map illustrating such boundaries;
(e) A general description of each project proposed to be undertakenby the district, including a description of the approximate location ofeach project;
(f) The name of the proposed district;
(g) The number of members of the board of directors of the proposeddistrict;
(h) A request that the question be submitted to the qualified voterswithin the limits of the proposed district whether they will establish atransportation development district to develop the projects described inthe petition;
(i) A proposal for funding the district initially, pursuant to theauthority granted in sections 238.200 to 238.275, together with a requestthat the imposition of the funding proposal be submitted to the qualifiedvoters residing within the limits of the proposed district; provided,however, the funding method of special assessments may also be approved asprovided in subsection 1 of section 238.230; and
(j) A statement that the proposed district shall not be an undueburden on any owner of property within the district and is not unjust orunreasonable.
