Missouri Revised Statutes
Chapter 67
Political Subdivisions, Miscellaneous Powers
←67.1368
Section 67.1401.1
67.1411→
August 28, 2015
Definitions.
67.1401. 1. Sections 67.1401 to 67.1571 shall be known and may be cited
as the "Community Improvement District Act".
2. For the purposes of sections 67.1401 to 67.1571, the following words
and terms mean:
(1) "Approval" or "approve", for purposes of elections pursuant to
sections 67.1401 to 67.1571, a simple majority of those qualified voters
voting in the election;
(2) "Assessed value", the assessed value of real property as reflected
on the tax records of the county clerk of the county in which the property is
located, or the collector of revenue if the property is located in a city not
within a county, as of the last completed assessment;
(3) "Blighted area", an area which:
(a) By reason of the predominance of defective or inadequate street
layout, insanitary or unsafe conditions, deterioration of site improvements,
improper subdivision or obsolete platting, or the existence of conditions
which endanger life or property by fire and other causes, or any combination
of such factors, retards the provision of housing accommodations or
constitutes an economic or social liability or a menace to the public health,
safety, morals or welfare in its present condition and use; or
(b) Has been declared blighted or found to be a blighted area pursuant
to Missouri law including, but not limited to, chapter 353, sections 99.800
to 99.865, or sections 99.300 to 99.715;
(4) "Board", if the district is a political subdivision, the board of
directors of the district, or if the district is a not-for-profit
corporation, the board of directors of such corporation;
(5) "Director of revenue", the director of the department of revenue of
the state of Missouri;
(6) "District", a community improvement district, established pursuant
to sections 67.1401 to 67.1571;
(7) "Election authority", the election authority having jurisdiction
over the area in which the boundaries of the district are located pursuant to
chapter 115;
(8) "Municipal clerk", the clerk of the municipality;
(9) "Municipality", any city, village, incorporated town, or county of
this state, or in any unincorporated area that is located in any county with a
charter form of government and with more than one million inhabitants;
(10) "Obligations", bonds, loans, debentures, notes, special
certificates, or other evidences of indebtedness issued by a district to
carry out any of its powers, duties or purposes or to refund outstanding
obligations;
(11) "Owner", for real property, the individual or individuals or entity
or entities who own a fee interest in real property that is located within
the district or their legally authorized representative; for business
organizations and other entities, the owner shall be deemed to be the
individual which is legally authorized to represent the entity in regard to
the district;
(12) "Per capita", one head count applied to each individual, entity or
group of individuals or entities having fee ownership of real property within
the district whether such individual, entity or group owns one or more parcels
of real property in the district as joint tenants, tenants in common, tenants
by the entirety, tenants in partnership, except that with respect to a
condominium created under sections 448.1-101 to 448.4-120, "per capita" means
one head count applied to the applicable unit owners' association and not to
each unit owner;
(13) "Petition", a petition to establish a district as it may be amended
in accordance with the requirements of section 67.1421;
(14) "Qualified voters",
(a) For purposes of elections for approval of real property taxes:
a. Registered voters; or
b. If no registered voters reside in the district, the owners of one or
more parcels of real property which is to be subject to such real property
taxes and is located within the district per the tax records for real
property of the county clerk, or the collector of revenue if the district is
located in a city not within a county, as of the thirtieth day prior to the
date of the applicable election;
(b) For purposes of elections for approval of business license taxes or
sales taxes:
a. Registered voters; or
b. If no registered voters reside in the district, the owners of one or
more parcels of real property located within the district per the tax records
for real property of the county clerk as of the thirtieth day before the date
of the applicable election; and
(c) For purposes of the election of directors of the board, registered
voters and owners of real property which is not exempt from assessment or
levy of taxes by the district and which is located within the district per
the tax records for real property of the county clerk, or the collector of
revenue if the district is located in a city not within a county, of the
thirtieth day prior to the date of the applicable election; and
(15) "Registered voters", persons who reside within the district and who
are qualified and registered to vote pursuant to chapter 115, pursuant to the
records of the election authority as of the thirtieth day prior to the date of
the applicable election.
(L. 1998 H.B. 1636 § 1, A.L. 2000 H.B. 1238, A.L. 2004 H.B. 795, et
al. merged with S.B. 1155, A.L. 2005 H.B. 58, A.L. 2007 S.B. 22)
(2010) Provision, as applied, permitting registered voters who were
also community improvement district landowners to cast multiple
votes in elections for board of directors violates one-person,
one-vote guarantee of Equal Protection Clause. Also, legislative
decision not to impose same age, incapacity, and crime-related
restrictions for nonresident voting landowners as on registered
voters is irrational and arbitrary. Day v. Robinwood West
Community Improvement District, 693 F.Supp.2d 996 (E.D. Mo.).
2005
2004
2000
2005
67.1401. 1. Sections 67.1401 to 67.1571 shall be known and may be
cited as the "Community Improvement District Act".
2. For the purposes of sections 67.1401 to 67.1571, the following
words and terms mean:
(1) "Approval" or "approve", for purposes of elections pursuant to
sections 67.1401 to 67.1571, a simple majority of those qualified voters
voting in the election;
(2) "Assessed value", the assessed value of real property as
reflected on the tax records of the county clerk of the county in which the
property is located, or the collector of revenue if the property is located
in a city not within a county, as of the last completed assessment;
(3) "Blighted area", an area which:
(a) By reason of the predominance of defective or inadequate street
layout, insanitary or unsafe conditions, deterioration of site
improvements, improper subdivision or obsolete platting, or the existence
of conditions which endanger life or property by fire and other causes, or
any combination of such factors, retards the provision of housing
accommodations or constitutes an economic or social liability or a menace
to the public health, safety, morals or welfare in its present condition
and use; or
(b) Has been declared blighted or found to be a blighted area
pursuant to Missouri law including, but not limited to, chapter 353, RSMo,
sections 99.800 to 99.865, RSMo, or sections 99.300 to 99.715, RSMo;
(4) "Board", if the district is a political subdivision, the board of
directors of the district, or if the district is a not-for-profit
corporation, the board of directors of such corporation;
(5) "Director of revenue", the director of the department of revenue
of the state of Missouri;
(6) "District", a community improvement district, established
pursuant to sections 67.1401 to 67.1571;
(7) "Election authority", the election authority having jurisdiction
over the area in which the boundaries of the district are located pursuant
to chapter 115, RSMo;
(8) "Municipal clerk", the clerk of the municipality;
(9) "Municipality", any city, village, incorporated town, or county
of this state, or in any unincorporated area that is located in any county
with a charter form of government and with more than one million
inhabitants;
(10) "Obligations", bonds, loans, debentures, notes, special
certificates, or other evidences of indebtedness issued by a district to
carry out any of its powers, duties or purposes or to refund outstanding
obligations;
(11) "Owner", for real property, the individual or individuals or
entity or entities who own a fee interest in real property that is located
within the district or their legally authorized representative; for
business organizations and other entities, the owner shall be deemed to be
the individual which is legally authorized to represent the entity in
regard to the district;
(12) "Per capita", one head count applied to each individual, entity
or group of individuals or entities having fee ownership of real property
within the district whether such individual, entity or group owns one or
more parcels of real property in the district as joint tenants, tenants in
common, tenants by the entirety or tenants in partnership;
(13) "Petition", a petition to establish a district as it may be
amended in accordance with the requirements of section 67.1421;
(14) "Qualified voters",
(a) For purposes of elections for approval of real property taxes:
a. Registered voters; or
b. If no registered voters reside in the district, the owners of one
or more parcels of real property which is to be subject to such real
property taxes and is located within the district per the tax records for
real property of the county clerk, or the collector of revenue if the
district is located in a city not within a county, as of the thirtieth day
prior to the date of the applicable election;
(b) For purposes of elections for approval of business license taxes
or sales taxes:
a. Registered voters; or
b. If no registered voters reside in the district, the owners of one
or more parcels of real property located within the district per the tax
records for real property of the county clerk as of the thirtieth day
before the date of the applicable election; and
(c) For purposes of the election of directors of the board,
registered voters and owners of real property which is not exempt from
assessment or levy of taxes by the district and which is located within the
district per the tax records for real property of the county clerk, or the
collector of revenue if the district is located in a city not within a
county, of the thirtieth day prior to the date of the applicable election;
and
(15) "Registered voters", persons who reside within the district and
who are qualified and registered to vote pursuant to chapter 115, RSMo,
pursuant to the records of the election authority as of the thirtieth day
prior to the date of the applicable election.
2004
67.1401. 1. Sections 67.1401 to 67.1571 shall be known and may be
cited as the "Community Improvement District Act".
2. For the purposes of sections 67.1401 to 67.1571, the following
words and terms mean:
(1) "Approval" or "approve", for purposes of elections pursuant to
sections 67.1401 to 67.1571, a simple majority of those qualified voters
voting in the election;
(2) "Assessed value", the assessed value of real property as
reflected on the tax records of the county clerk of the county in which the
property is located, or the collector of revenue if the property is located
in a city not within a county, as of the last completed assessment;
(3) "Blighted area", an area which:
(a) By reason of the predominance of defective or inadequate street
layout, insanitary or unsafe conditions, deterioration of site
improvements, improper subdivision or obsolete platting, or the existence
of conditions which endanger life or property by fire and other causes, or
any combination of such factors, retards the provision of housing
accommodations or constitutes an economic or social liability or a menace
to the public health, safety, morals or welfare in its present condition
and use; or
(b) Has been declared blighted or found to be a blighted area
pursuant to Missouri law including, but not limited to, chapter 353, RSMo,
sections 99.800 to 99.865, RSMo, or sections 99.300 to 99.715, RSMo;
(4) "Board", if the district is a political subdivision, the board of
directors of the district, or if the district is a not-for-profit
corporation, the board of directors of such corporation;
(5) "Director of revenue", the director of the department of revenue
of the state of Missouri;
(6) "District", a community improvement district, established
pursuant to sections 67.1401 to 67.1571;
(7) "Election authority", the election authority having jurisdiction
over the area in which the boundaries of the district are located pursuant
to chapter 115, RSMo;
(8) "Municipal clerk", the clerk of the municipality;
(9) "Municipality", any city, village, incorporated town, or county
of this state, or in any unincorporated area that is located in any county
with a charter form of government and with more than one million
inhabitants;
(10) "Obligations", bonds, loans, debentures, notes, special
certificates, or other evidences of indebtedness issued by a district to
carry out any of its powers, duties or purposes or to refund outstanding
obligations;
(11) "Owner", for real property, the individual or individuals or
entity or entities who own the fee of real property or their legally
authorized representative; for business organizations and other entities,
the owner shall be deemed to be the individual which is legally authorized
to represent the entity in regard to the district;
(12) "Per capita", one head count applied to each individual, entity
or group of individuals or entities having fee ownership of real property
within the district whether such individual, entity or group owns one or
more parcels of real property in the district as joint tenants, tenants in
common, tenants by the entirety or tenants in partnership;
(13) "Petition", a petition to establish a district as it may be
amended in accordance with the requirements of section 67.1421;
(14) "Qualified voters",
(a) For purposes of elections for approval of real property taxes:
a. Registered voters; or
b. If no registered voters reside in the district, the owners of one
or more parcels of real property which is to be subject to such real
property taxes and is located within the district per the tax records for
real property of the county clerk, or the collector of revenue if the
district is located in a city not within a county, as of the thirtieth day
prior to the date of the applicable election;
(b) For purposes of elections for approval of business license taxes
or sales taxes:
a. Registered voters; or
b. If no registered voters reside in the district, the owners of one
or more parcels of real property located within the district per the tax
records for real property of the county clerk as of the thirtieth day
before the date of the applicable election; and
(c) For purposes of the election of directors of the board,
registered voters and owners of real property which is not exempt from
assessment or levy of taxes by the district and which is located within the
district per the tax records for real property of the county clerk, or the
collector of revenue if the district is located in a city not within a
county, of the thirtieth day prior to the date of the applicable election;
and
(15) "Registered voters", persons who reside within the district and
who are qualified and registered to vote pursuant to chapter 115, RSMo,
pursuant to the records of the election authority as of the thirtieth day
prior to the date of the applicable election.
2000
67.1401. 1. Sections 67.1401 to 67.1571 shall be known and may be cited
as the "Community Improvement District Act".
2. For the purposes of sections 67.1401 to 67.1571, the following words
and terms mean:
(1) "Approval" or "approve", for purposes of elections pursuant to
sections 67.1401 to 67.1571, a simple majority of those qualified voters
voting in the election;
(2) "Assessed value", the assessed value of real property as reflected
on the tax records of the county clerk of the county in which the property is
located, or the collector of revenue if the property is located in a city not
within a county, as of the last completed assessment;
(3) "Blighted area", an area which:
(a) By reason of the predominance of defective or inadequate street
layout, insanitary or unsafe conditions, deterioration of site improvements,
improper subdivision or obsolete platting, or the existence of conditions
which endanger life or property by fire and other causes, or any combination
of such factors, retards the provision of housing accommodations or
constitutes an economic or social liability or a menace to the public health,
safety, morals or welfare in its present condition and use; or
(b) Has been declared blighted or found to be a blighted area pursuant
to Missouri law including, but not limited to, chapter 353, RSMo, sections
99.800 to 99.865, RSMo, or sections 99.300 to 99.715, RSMo;
(4) "Board", if the district is a political subdivision, the board of
directors of the district, or if the district is a not-for-profit corporation,
the board of directors of such corporation;
(5) "Director of revenue", the director of the department of revenue of
the state of Missouri;
(6) "District", a community improvement district, established pursuant
to sections 67.1401 to 67.1571;
(7) "Election authority", the election authority having jurisdiction
over the area in which the boundaries of the district are located pursuant to
chapter 115, RSMo;
(8) "Municipal clerk", the clerk of the municipality;
(9) "Municipality", any city located in a county of the first
classification or second classification, any city not within a county and any
county;
(10) "Obligations", bonds, loans, debentures, notes, special
certificates, or other evidences of indebtedness issued by a district to carry
out any of its powers, duties or purposes or to refund outstanding
obligations;
(11) "Owner", for real property, the individual or individuals or entity
or entities who own the fee of real property or their legally authorized
representative; for business organizations and other entities, the owner shall
be deemed to be the individual which is legally authorized to represent the
entity in regard to the district;
(12) "Per capita", one head count applied to each individual, entity or
group of individuals or entities having fee ownership of real property within
the district whether such individual, entity or group owns one or more parcels
of real property in the district as joint tenants, tenants in common, tenants
by the entirety or tenants in partnership;
(13) "Petition", a petition to establish a district as it may be amended
in accordance with the requirements of section 67.1421;
(14) "Qualified voters",
(a) For purposes of elections for approval of real property taxes:
a. Registered voters; or
b. If no registered voters reside in the district, the owners of one or
more parcels of real property which is to be subject to such real property
taxes and is located within the district per the tax records for real property
of the county clerk, or the collector of revenue if the district is located in
a city not within a county, as of the thirtieth day prior to the date of the
applicable election;
(b) For purposes of elections for approval of business license taxes or
sales taxes:
a. Registered voters; or
b. If no registered voters reside in the district, the owners of one or
more parcels of real property located within the district per the tax records
for real property of the county clerk as of the thirtieth day before the date
of the applicable election; and
(c) For purposes of the election of directors of the board, registered
voters and owners of real property which is not exempt from assessment or levy
of taxes by the district and which is located within the district per the tax
records for real property of the county clerk, or the collector of revenue if
the district is located in a city not within a county, of the thirtieth day
prior to the date of the applicable election; and
(15) "Registered voters", persons who reside within the district and who
are qualified and registered to vote pursuant to chapter 115, RSMo, pursuant
to the records of the election authority as* of the thirtieth day prior to the
date of the applicable election.
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