238.310. 1. Any number of natural persons, not less thanthree, each of whom is at least twenty-one years of age and aregistered voter within this state, may file with the commissiona written application with preliminary plans and specificationsfor a project requesting that the commission authorize thecreation of a transportation corporation to act within adesignated area. The application shall also provide a proposedplan for financing the project. The commission may charge afiling fee for the application.
2. The commission shall order a local public hearing andshall cause to be published notice that the commission isconsidering authorizing a project and the incorporation of atransportation corporation. The notice shall specify the time,date, and place of the hearing and shall be given by publicationin a newspaper published in the county or counties in which allor part of the project is to be located which has a generalcirculation once a week for four consecutive weeks. The lastpublication shall be at least fifteen days prior to the date ofthe hearing. The commission shall also give at least fifteendays written notice of such hearing to the owners of all feeinterests of record in all tracts of real property locatedwithin the area proposed to be included within the limits of theproject.
3. The commission shall also serve written notice on eachcounty, city, town and village in which all or part of a projectis to be located that the commission is considering authorizinga project and the incorporation of the transportationcorporation. Each such county, city, town and village shall beentitled to review the written application with preliminaryplans and specifications. Approval of the project by thegoverning body of each such county, city, town and village is acondition precedent to approval of the project and thecorporation by the commission.
4. After the hearing, the commission shall consider thematter of authorizing the project and the incorporation of thetransportation corporation at a regular commission meeting. Ifthe commission by minute finds that the project will improve oris a necessary or desirable extension of the state highways andtransportation system and that the proposed corporation willhave adequate funds to finance the proposed project, thecommission may approve the articles of incorporation for thecorporation and the project subject to the corporation makingany revisions in the plans and specifications required by thecommission and the corporation entering into a mutuallysatisfactory agreement regarding development and futuremaintenance of the project.
5. The commission shall designate the area of the state inwhich the corporation may act, and such area may includeterritory within one or more counties, municipalities or otherpolitical subdivisions of the state. The commission mayauthorize creation of one or more corporations to act within thesame designated area, provided that the commission minuteapproving the creation of each corporation shall specify thepublic purposes which each corporation will further.
6. No corporation may be formed unless the commission hasduly adopted a commission minute which shall be conclusiveevidence of the commission's approval of the project and thearticles of incorporation.
238.310. 1. Any number of natural persons, not less thanthree, each of whom is at least twenty-one years of age and aregistered voter within this state, may file with the commissiona written application with preliminary plans and specificationsfor a project requesting that the commission authorize thecreation of a transportation corporation to act within adesignated area. The application shall also provide a proposedplan for financing the project. The commission may charge afiling fee for the application.
2. The commission shall order a local public hearing andshall cause to be published notice that the commission isconsidering authorizing a project and the incorporation of atransportation corporation. The notice shall specify the time,date, and place of the hearing and shall be given by publicationin a newspaper published in the county or counties in which allor part of the project is to be located which has a generalcirculation once a week for four consecutive weeks. The lastpublication shall be at least fifteen days prior to the date ofthe hearing. The commission shall also give at least fifteendays written notice of such hearing to the owners of all feeinterests of record in all tracts of real property locatedwithin the area proposed to be included within the limits of theproject.
3. The commission shall also serve written notice on eachcounty, city, town and village in which all or part of a projectis to be located that the commission is considering authorizinga project and the incorporation of the transportationcorporation. Each such county, city, town and village shall beentitled to review the written application with preliminaryplans and specifications. Approval of the project by thegoverning body of each such county, city, town and village is acondition precedent to approval of the project and thecorporation by the commission.
4. After the hearing, the commission shall consider thematter of authorizing the project and the incorporation of thetransportation corporation at a regular commission meeting. Ifthe commission by minute finds that the project will improve oris a necessary or desirable extension of the state highways andtransportation system and that the proposed corporation willhave adequate funds to finance the proposed project, thecommission may approve the articles of incorporation for thecorporation and the project subject to the corporation makingany revisions in the plans and specifications required by thecommission and the corporation entering into a mutuallysatisfactory agreement regarding development and futuremaintenance of the project.
5. The commission shall designate the area of the state inwhich the corporation may act, and such area may includeterritory within one or more counties, municipalities or otherpolitical subdivisions of the state. The commission mayauthorize creation of one or more corporations to act within thesame designated area, provided that the commission minuteapproving the creation of each corporation shall specify thepublic purposes which each corporation will further.
6. No corporation may be formed unless the commission hasduly adopted a commission minute which shall be conclusiveevidence of the commission's approval of the project and thearticles of incorporation.
238.310. 1. Any number of natural persons, not less thanthree, each of whom is at least twenty-one years of age and aregistered voter within this state, may file with the commissiona written application with preliminary plans and specificationsfor a project requesting that the commission authorize thecreation of a transportation corporation to act within adesignated area. The application shall also provide a proposedplan for financing the project. The commission may charge afiling fee for the application.
2. The commission shall order a local public hearing andshall cause to be published notice that the commission isconsidering authorizing a project and the incorporation of atransportation corporation. The notice shall specify the time,date, and place of the hearing and shall be given by publicationin a newspaper published in the county or counties in which allor part of the project is to be located which has a generalcirculation once a week for four consecutive weeks. The lastpublication shall be at least fifteen days prior to the date ofthe hearing. The commission shall also give at least fifteendays written notice of such hearing to the owners of all feeinterests of record in all tracts of real property locatedwithin the area proposed to be included within the limits of theproject.
3. The commission shall also serve written notice on eachcounty, city, town and village in which all or part of a projectis to be located that the commission is considering authorizinga project and the incorporation of the transportationcorporation. Each such county, city, town and village shall beentitled to review the written application with preliminaryplans and specifications. Approval of the project by thegoverning body of each such county, city, town and village is acondition precedent to approval of the project and thecorporation by the commission.
4. After the hearing, the commission shall consider thematter of authorizing the project and the incorporation of thetransportation corporation at a regular commission meeting. Ifthe commission by minute finds that the project will improve oris a necessary or desirable extension of the state highways andtransportation system and that the proposed corporation willhave adequate funds to finance the proposed project, thecommission may approve the articles of incorporation for thecorporation and the project subject to the corporation makingany revisions in the plans and specifications required by thecommission and the corporation entering into a mutuallysatisfactory agreement regarding development and futuremaintenance of the project.
5. The commission shall designate the area of the state inwhich the corporation may act, and such area may includeterritory within one or more counties, municipalities or otherpolitical subdivisions of the state. The commission mayauthorize creation of one or more corporations to act within thesame designated area, provided that the commission minuteapproving the creation of each corporation shall specify thepublic purposes which each corporation will further.
6. No corporation may be formed unless the commission hasduly adopted a commission minute which shall be conclusiveevidence of the commission's approval of the project and thearticles of incorporation.
