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Section: 238.0230 Special assessments, vote required--election, ballot form--petition form--effect of failure of question. RSMO 238.230


Published: 2015

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Missouri Revised Statutes













Chapter 238

Transportation Districts and Transportation Corporations, Special Projects

←238.227

Section 238.230.1

238.232→

August 28, 2015

Special assessments, vote required--election, ballot form--petition form--effect of failure of question.

238.230. 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.



(L. 1990 S.B. 479 & 649 § 47, A.L. 1997 S.B. 303, A.L. 2007 S.B. 22)





1997



1997



238.230. 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 benefited 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 benefited

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 benefited

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 benefited 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.



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