State Codes and Statutes

Statutes > Missouri > T14 > C238 > 238_215

Election, when--ballot, form of--results.

238.215. 1. If the circuit court certifies the petition for voterapproval, it shall call an election pursuant to section 238.216.

2. At such election for voter approval of the qualified voters, thequestions shall be submitted in substantially the following form:

Shall there be organized in (here specifically describe the proposeddistrict boundaries), within the state of Missouri, a transportationdevelopment district, to be known as the "................ TransportationDevelopment District" for the purpose of developing the followingtransportation project: (here summarize the proposed project or projectsand require each voter to approve or disapprove of each project) and havethe power to fund the proposed project upon separate voter approval by anyor all of the following methods: (here specifically describe the proposedfunding methods and require each voter to approve or disapprove of eachproposed funding method)?

3. (1) If the petition was filed pursuant to subsection 5 of section238.207 and the district desires to impose a sales tax as the only proposedfunding mechanism, at such election for voter approval of the qualifiedvoters, the question shall be submitted in substantially the followingform:

Shall there be organized in (here specifically describe the proposeddistrict boundaries), within the state of Missouri, a transportationdevelopment district, to be known as the "........... TransportationDevelopment District" for the purpose of developing the followingtransportation project: (here summarize the proposed project or projects)and be authorized to impose a transportation development district-widesales tax at the rate of ....... (insert amount) for a period of .......(insert number) years from the date on which such tax is first imposed forthe purpose of funding the transportation project or projects?

(2) If the petition was filed pursuant to subsection 5 of section238.207 and the district desires to impose a funding mechanism other than asales tax, at such election for voter approval of the qualified voters, thequestion shall be submitted in substantially the form set forth insubsection 2 of this section and the proposed funding mechanism shallrequire separate voter approval at a subsequent election.

4. The results of the election shall be entered upon the records ofthe circuit court of the county in which the petition was filed. Also, acertified copy thereof shall be filed with the county clerk of each countyin which a portion of the proposed district lies, who shall cause the sameto be spread upon the records of the county commission. If the resultsshow that a majority of the votes cast by the qualified voters were infavor of organizing the transportation development district, the circuitcourt having jurisdiction of the matter shall declare the districtorganized and certify the funding methods approved by the qualified voters.If the results show that less than a majority of the votes cast by thequalified voters were in favor of the organization of the district, thecircuit court shall declare that the question has failed to pass, and thesame question shall not be again submitted for voter approval for twoyears.

5. Notwithstanding the foregoing, if the election was held pursuantto subsection 3 of this section, the results of the election shall beentered upon the records of the circuit court of the county in which thepetition was filed. Also, a certified copy thereof shall be filed with thecounty clerk of each county in which a portion of the proposed districtlies. If the results show that a majority of the votes cast by thequalified voters were in favor of the proposition, the circuit court havingjurisdiction of the matter shall declare the district organized and thefunding methods approved by the qualified voters to be in effect. If theresults show that less than a majority of the votes cast by the qualifiedvoters were in favor of the proposition, the circuit court shall declarethat the question has failed to pass. A new petition shall be filedpursuant to subsection 5 of section 238.207 prior to the question beingagain submitted for voter approval.

(L. 1990 S.B. 479 & 649 § 41, A.L. 1997 S.B. 303, A.L. 2003 H.B. 668)

State Codes and Statutes

Statutes > Missouri > T14 > C238 > 238_215

Election, when--ballot, form of--results.

238.215. 1. If the circuit court certifies the petition for voterapproval, it shall call an election pursuant to section 238.216.

2. At such election for voter approval of the qualified voters, thequestions shall be submitted in substantially the following form:

Shall there be organized in (here specifically describe the proposeddistrict boundaries), within the state of Missouri, a transportationdevelopment district, to be known as the "................ TransportationDevelopment District" for the purpose of developing the followingtransportation project: (here summarize the proposed project or projectsand require each voter to approve or disapprove of each project) and havethe power to fund the proposed project upon separate voter approval by anyor all of the following methods: (here specifically describe the proposedfunding methods and require each voter to approve or disapprove of eachproposed funding method)?

3. (1) If the petition was filed pursuant to subsection 5 of section238.207 and the district desires to impose a sales tax as the only proposedfunding mechanism, at such election for voter approval of the qualifiedvoters, the question shall be submitted in substantially the followingform:

Shall there be organized in (here specifically describe the proposeddistrict boundaries), within the state of Missouri, a transportationdevelopment district, to be known as the "........... TransportationDevelopment District" for the purpose of developing the followingtransportation project: (here summarize the proposed project or projects)and be authorized to impose a transportation development district-widesales tax at the rate of ....... (insert amount) for a period of .......(insert number) years from the date on which such tax is first imposed forthe purpose of funding the transportation project or projects?

(2) If the petition was filed pursuant to subsection 5 of section238.207 and the district desires to impose a funding mechanism other than asales tax, at such election for voter approval of the qualified voters, thequestion shall be submitted in substantially the form set forth insubsection 2 of this section and the proposed funding mechanism shallrequire separate voter approval at a subsequent election.

4. The results of the election shall be entered upon the records ofthe circuit court of the county in which the petition was filed. Also, acertified copy thereof shall be filed with the county clerk of each countyin which a portion of the proposed district lies, who shall cause the sameto be spread upon the records of the county commission. If the resultsshow that a majority of the votes cast by the qualified voters were infavor of organizing the transportation development district, the circuitcourt having jurisdiction of the matter shall declare the districtorganized and certify the funding methods approved by the qualified voters.If the results show that less than a majority of the votes cast by thequalified voters were in favor of the organization of the district, thecircuit court shall declare that the question has failed to pass, and thesame question shall not be again submitted for voter approval for twoyears.

5. Notwithstanding the foregoing, if the election was held pursuantto subsection 3 of this section, the results of the election shall beentered upon the records of the circuit court of the county in which thepetition was filed. Also, a certified copy thereof shall be filed with thecounty clerk of each county in which a portion of the proposed districtlies. If the results show that a majority of the votes cast by thequalified voters were in favor of the proposition, the circuit court havingjurisdiction of the matter shall declare the district organized and thefunding methods approved by the qualified voters to be in effect. If theresults show that less than a majority of the votes cast by the qualifiedvoters were in favor of the proposition, the circuit court shall declarethat the question has failed to pass. A new petition shall be filedpursuant to subsection 5 of section 238.207 prior to the question beingagain submitted for voter approval.

(L. 1990 S.B. 479 & 649 § 41, A.L. 1997 S.B. 303, A.L. 2003 H.B. 668)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T14 > C238 > 238_215

Election, when--ballot, form of--results.

238.215. 1. If the circuit court certifies the petition for voterapproval, it shall call an election pursuant to section 238.216.

2. At such election for voter approval of the qualified voters, thequestions shall be submitted in substantially the following form:

Shall there be organized in (here specifically describe the proposeddistrict boundaries), within the state of Missouri, a transportationdevelopment district, to be known as the "................ TransportationDevelopment District" for the purpose of developing the followingtransportation project: (here summarize the proposed project or projectsand require each voter to approve or disapprove of each project) and havethe power to fund the proposed project upon separate voter approval by anyor all of the following methods: (here specifically describe the proposedfunding methods and require each voter to approve or disapprove of eachproposed funding method)?

3. (1) If the petition was filed pursuant to subsection 5 of section238.207 and the district desires to impose a sales tax as the only proposedfunding mechanism, at such election for voter approval of the qualifiedvoters, the question shall be submitted in substantially the followingform:

Shall there be organized in (here specifically describe the proposeddistrict boundaries), within the state of Missouri, a transportationdevelopment district, to be known as the "........... TransportationDevelopment District" for the purpose of developing the followingtransportation project: (here summarize the proposed project or projects)and be authorized to impose a transportation development district-widesales tax at the rate of ....... (insert amount) for a period of .......(insert number) years from the date on which such tax is first imposed forthe purpose of funding the transportation project or projects?

(2) If the petition was filed pursuant to subsection 5 of section238.207 and the district desires to impose a funding mechanism other than asales tax, at such election for voter approval of the qualified voters, thequestion shall be submitted in substantially the form set forth insubsection 2 of this section and the proposed funding mechanism shallrequire separate voter approval at a subsequent election.

4. The results of the election shall be entered upon the records ofthe circuit court of the county in which the petition was filed. Also, acertified copy thereof shall be filed with the county clerk of each countyin which a portion of the proposed district lies, who shall cause the sameto be spread upon the records of the county commission. If the resultsshow that a majority of the votes cast by the qualified voters were infavor of organizing the transportation development district, the circuitcourt having jurisdiction of the matter shall declare the districtorganized and certify the funding methods approved by the qualified voters.If the results show that less than a majority of the votes cast by thequalified voters were in favor of the organization of the district, thecircuit court shall declare that the question has failed to pass, and thesame question shall not be again submitted for voter approval for twoyears.

5. Notwithstanding the foregoing, if the election was held pursuantto subsection 3 of this section, the results of the election shall beentered upon the records of the circuit court of the county in which thepetition was filed. Also, a certified copy thereof shall be filed with thecounty clerk of each county in which a portion of the proposed districtlies. If the results show that a majority of the votes cast by thequalified voters were in favor of the proposition, the circuit court havingjurisdiction of the matter shall declare the district organized and thefunding methods approved by the qualified voters to be in effect. If theresults show that less than a majority of the votes cast by the qualifiedvoters were in favor of the proposition, the circuit court shall declarethat the question has failed to pass. A new petition shall be filedpursuant to subsection 5 of section 238.207 prior to the question beingagain submitted for voter approval.

(L. 1990 S.B. 479 & 649 § 41, A.L. 1997 S.B. 303, A.L. 2003 H.B. 668)