Modifies provisions relating to port authorities

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2693
103RD GENERAL ASSEMBL Y
6380H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 68.010, 68.015, 68.025, 68.040, 68.045, 68.055, 68.057, 68.060, 68.075,
68.205, and 68.259, RSMo, and to enact in lieu thereof twelve new sections relating to
water resources.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 68.010, 68.015, 68.025, 68.040, 68.045, 68.055, 68.057, 68.060,
2 68.075, 68.205, and 68.259, RSMo, are repealed and twelve new sections enacted in lieu
3 thereof, to be known as sections 68.010, 68.015, 68.025, 68.040, 68.045, 68.055, 68.057,
4 68.060, 68.075, 68.085, 68.205, and 68.253, to read as follows:
68.010. 1. Every city or county which is situated upon, or adjacent to, or which
2 embraces within its boundaries a navigable waterway , is hereby authorized to form a local
3 port authority , and upon approval of the highways and transportation commission of the state
4 of Missouri, the port authority shall be a political subdivision of this state. In every
5 constitutional charter city not within a county , a local "Port Authority" is created by sections
6 68.010, 68.015, 68.025, 68.040, 68.045, 68.060 and 68.070 and shall become a political
7 subdivision of this state September 28, 1975.
8 2. The highways and transportation commission of the state of Missouri is hereby
9 authorized to accept applications, conduct hearings, and approve or disapprove applications
10 for approval of local or regional port authorities as political subdivisions of this state, as
11 provided herein, but in determining the approval or disapproval of such applications, the
12 highways and transportation commission shall consider the following criteria:
13 (1) The population of any city and/or county submitting the application;
14 (2) The desirability and economic feasibility of having more than a single port
15 authority within the same geographic area;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
16 (3) The technical and economic capability of participating cities and/or counties, as
17 well as private interests, to plan and carry out port development within the proposed district;
18 (4) The amount of actual and potential river traf fic that would make use of any
19 facilities developed by a port authority;
20 (5) The potential economic impact on the immediate area from which the application
21 originates; and
22 (6) The potential impact on the economic development of the entire state and how the
23 proposed port authority's developmental activities relate to any state plans.
24
25 Provided, however , any such application shall be granted if it is made by a city or county of at
26 least three hundred thousand population, having a common boundary with the state of
27 Kansas, or by a group of cities or counties at least one of which meets the aforesaid criteria,
28 and if no proposed boundary of the port authority described in such application overlaps the
29 boundary of any then existing port authority .
30 3. No city shall create a port authority under sections 68.010, 68.015, 68.025, 68.040,
31 68.045, 68.060 and 68.070 if said city is located within a county that has created a port
32 authority which has received approval as a political subdivision of this state under sections
33 68.010, 68.015, 68.025, 68.040, 68.045, 68.060 and 68.070 ; pr ovided, however , this
34 subsection shall not be construed as invalidating any port authority creat ed by a city
35 and appr oved as a political subdivision prior to the cr eation of a port authority by a
36 county .
68.015. 1. (1) The legislative body , or county commission, of each county or city
2 creating a port authority or any port authority created within said city pursuant to section
3 68.010 hereof shall designate what areas within such county or city shall comprise one or
4 more port districts, subject to the limitation that any area designated as within a port district
5 shall be or could be reasonably connected to the business of a port. The boundaries of any
6 port district shall be filed with the clerk of the county commission, city clerk, or clerk of the
7 legislative or governing body of the county as applicable and shall become effectiv e upon
8 approval of the transportation commission. The legislative body or county commission may
9 from time to time enlar ge or reduce the area comprising any port district. Any change of
10 boundaries shall be submitted for approval to the highways and transportation commission
11 and upon approval shall be filed with the appropriate clerk and thereupon become ef fective.
12 (2) If a port authority whose port district includes a constitutional charter city
13 located in four or mor e counties shall purch ase or lease re al pr operty situated anywhere
14 within such counties, such real pro perty shall be deemed included within the port
15 district and the port authority shall be empower ed to exercise its powers under section
16 68.025 with r espect to such real prop erty , and any personal prop erty located ther eon.
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17 2. The legislative body or county commission of any county or city authorized to
18 create a local port authority may appropriate, allocate and expend such funds of the county or
19 city for the planning and development of a port district as are reasonable and necessary to
20 carry out the provisions of this chapter .
68.025. 1. Every local and regional port authority , approved as a political subdivision
2 of the state, shall have the following powers to:
3 (1) Confer with any similar body created under laws of this or any other state for the
4 purpose of adopting a comprehensive plan for the future development and improvement of its
5 port districts;
6 (2) Consider and adopt detailed and comprehensive plans for future development and
7 improvement of its port districts and to coordinate such plans with regional and state
8 programs;
9 (3) Establish a port improvement district in accordance with this chapter;
10 (4) Carry out any of the projects enumerated in subdivision (17) of section 68.205;
11 (5) W ithin the boundaries of any established port improvement district, to levy either
12 a sales and use tax or a real property tax, or both, for the purposes of paying any part of the
13 cost of a project benefitting property in a port improvement district; except that no port
14 improvement district real property tax may be levied on any property , real or personal, which
15 is assessed pursuant to sections 151.010 to 151.340, unless such real property tax levy is
16 agreed to in writing by the property's owner;
17 (6) Pledge both revenues generated by any port improvement district and any other
18 port authority revenue source to the repayment of any outstanding obligations;
19 (7) Either jointly with a similar body , or separately , recommend to the proper
20 departments of the government of the United States, or any state or subdivision thereof, or to
21 any other body , the carrying out of any public improvement for the benefit of its port districts;
22 (8) Provide for membership in any of ficial, industrial, commercial, or trade
23 association, or any other org anization concerned with such purposes, for receptions of
24 of ficials or others as may contribute to the advancement of its port districts and any industrial
25 development therein, and for such other public relations activities as will promote the same,
26 and such activities shall be considered a public purpose;
27 (9) Represent its port districts before all federal, state and local agencies;
28 (10) Cooperate with other public or private agencies [ and with ] , individuals,
29 partnerships, corporations, industry , business, and labor in port district improvement
30 matters;
31 (1 1) Enter into any agreement with any other states, agencies, authorities,
32 commissions, municipalities, persons, corporations, or the United States, to ef fect any of
33 the provisions contained in this chapter;
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34 (12) Approve the construction of all wharves, piers, bulkheads, jetties, or other
35 structures;
36 (13) Prevent or remove, or cause to be removed, obstructions in harbor areas,
37 including the removal of wrecks, wharves, piers, bulkheads, derelicts, jetties or other
38 structures endangering the health and general welfare of the port districts; in case of the
39 sinking of a facility from any cause, such facility or vessel shall be removed from the harbor
40 at the expense of its owner or agent so that it shall not obstruct the harbor;
41 (14) Recommend the relocation, change, or removal of dock lines and shore or harbor
42 lines;
43 (15) Acquire, own, construct, redevelop, lease, maintain, and conduct land
44 reclamation and resource recovery , including the removal of sand, rock, or gravel,
45 residential developments, commercial developments, mixed-use developments, recreational
46 facilities, industrial parks, industrial facilities, and terminals, terminal facilities, warehouses
47 and any other type port facility;
48 (16) Acquire, own, lease, sell , mortgage, encumber , or otherwise dispose of interest
49 in and to real property and improvements situate thereon and in personal property necessary
50 to fulfill the purposes of the port authority;
51 (17) Acquire rights-of-way and property of any kind or nature within its port districts
52 necessary for its purposes. Every port authority shall have the right and power to acquire the
53 same by purchase, negotiation, or by condemnation, and should it elect to exercise the right of
54 eminent domain, condemnation proceedings shall be maintained by and in the name of the
55 port authority , and it may proceed in the manner provided by the laws of this state for any
56 county or municipality . The power of eminent domain shall not apply to property actively
57 being used in relation to or in conjunction with river trade or commerce, unless such use is by
58 a port authority pursuant to a lease in which event the power of eminent domain shall apply;
59 (18) Contract and be contracted with, and to sue and be sued;
60 (19) Accept gifts, grants, loans or contributions from the United States of America,
61 the state of Missouri, political subdivisions, municipalities, foundations, other public or
62 private agencies, [ individual, partnership ] individuals, partnerships, or corporations;
63 (20) Employ such managerial, engineering, legal, technical, clerical, accounting,
64 advertising, stenographic, and other assistance as it may deem advisable. The port authority
65 may also contract with independent contractors for any of the foregoing assistance;
66 (21) Improve navigable and nonnavigable areas as regulated by federal statute;
67 (22) Disburse funds for its lawful activities and fix salaries and wages of its
68 employees; [ and ]
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69 (23) Adopt, alter or repeal its own bylaws, rules and regulations governing the
70 manner in which its business may be transacted; however , said bylaws, rules and regulations
71 shall not exceed the powers granted to the port authority by this chapter ;
72 (24) Contract with any other port authority for the purpose of pr oviding
73 administrative support and exerci sing, on such other port authority's behalf and in such
74 other port authority's name, the powers delegated to port authorities by this chapter;
75 and
76 (25) Establish port rangers as follows:
77 (a) A port authority may appoint and commission such port rangers as the port
78 authority deems advisable to assist the municipal police for ce in maintaining order and
79 pr eserving the peace within the boundaries of any real prop erty owned or leased by the
80 port authority within the state and on public str eets within the boundaries of or abutting
81 any real prop erty owned or leased by the port authority within the state;
82 (b) Such port rangers shall have satisfactorily completed a training course as
83 pr escribed by chapter 590 for peace officers within the state or shall otherwise comply
84 with the requ irem ents of chapter 590 for certification within the time periods specified
85 in such chapter; and
86 (c) Each port ranger shall take and subscribe an oath of office to perform the
87 duties of such office faithfully and impartially and shall be given a certificate of
88 commission as a port ranger granting such port ranger the power to carry a fir earm,
89 maintain order , preserve the peace, issue citations, and make arr ests for violations of
90 state statutes and municipal ordinances within the port ranger's jurisdiction. The
91 municipal police forc e shall at all times maintain primary jurisdiction and no prov ision
92 of this subdivision shall be construed as depriving, curtailing, r estricting, or otherwise
93 impairing such municipal police for ce in the performance of such police for ce's duties .
94 2. In implementing its powers, the port authority shall have the power to enter into
95 agreements with private operators or public entities for the joint development, redevelopment,
96 and reclamation of property within a port district or for other uses to fulfill the purposes of the
97 port authority .
68.040. 1. Every local and regional port authority , approved as a political subdivision
2 of the state, may from time to time issue its negotiable revenue bonds or notes in such
3 principal amounts as, in its opinion, shall be necessary to provide suff icient funds for
4 achieving its purposes, including the construction of port facilities and the financing of port
5 improvement projects; establish reserves to secure such bonds and notes; and make other
6 expenditures, incident and necessary to carry out its purposes and powers.
7 2. (1) This state shall not be liable on any notes or bonds of any port authority .
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8 (2) Any such notes or bonds shall not be a debt of the state and shall contain on the
9 faces thereof a statement to such effect.
10 (3) The failure to include such statement on the faces of such notes or bonds shall
11 neither invalidate the notes or bonds nor re nder the state liable on such notes or bonds.
12 3. No commissioner of any port authority or any authorized person executing port
13 authority notes or bonds shall be liable personally on said notes or bonds or shall be subject to
14 any personal liability or accountability by reason of the issuance thereof.
15 4. The notes and bonds of every port authority are securities in which all public
16 of ficers and bodies of this state and all political subdivisions and municipalities, all insurance
17 companies and associations, and other persons carrying on an insurance business, all banks,
18 trust companies, saving associations, savings and loan associations, credit unions, investment
19 companies, all administrators, guardians, executors, trustees, and other fiduciaries, and all
20 other persons whatsoever , who now or may hereafter be authorized to invest in notes and
21 bonds or other obligations of this state, may properly and legally invest funds, including
22 capital, in their control or belonging to them.
23 5. No port authority shall be required to pay any taxes or any assessments whatsoever
24 to this state or to any political subdivisions, municipality , or other governmental agency of
25 this state. The notes and bonds of every port authority and the income therefrom shall, at all
26 times, be exempt from any taxes and any assessments, except for death and gift taxes and
27 taxes on transfers. Additionally , the leases of both real and personal property by or to any
28 port authority involving the issuance of bonds authorized under this chapter shall be exempt
29 from taxation. A port authority issuing bonds under this chapter for incentivized development
30 shall require the developer of any project which is to be leased to such developer , or any other
31 party , to confer with the af fected taxing authorities, and subsequently contractually require the
32 payment of such sums as they may agree upon, or the port authority may elect to require such
33 sums to be allocated among such taxing authorities on the same pro rata basis as are ad
34 valorem property tax revenues.
35 6. Every port authority shall have the powers and be governed by the procedures now
36 or hereafter conferred upon or applicable to the environmental improvement authority ,
37 chapter 260, relating to the manner of issuance of revenue bonds and notes, and the port
38 authority shall exercise all such powers and adhere to all such procedures insofar as they are
39 consistent with the necessary and proper undertaking of its purposes.
68.045. 1. Every local port authority shall be administered by a board of port
2 authority commissioners which shall consist of at least seven members; provided, however ,
3 that the number of members of one political party shall not exceed the number of members of
4 the other party by more than one.
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5 2. Newly created port authorities as well as those presently constituted shall structure
6 the terms of those commissioners so that no more than three members' terms shall expire in
7 any one year . Each member shall continue to serve until a successor has been appointed
8 as prov ided in this section.
9 3. In the event the county or city cr eating the port authority operates under a
10 charter form of government, the method of appointment and the qualifications, salaries,
11 powers, and duties of the appointees shall be as pr ovided by such charter . In all other
12 cases, or if the charter is silent as to such matters, the legislative body or county
13 commission of the county or city creating the port authority or in the case of a port authority
14 created in this act in a constitutional charter city not within a county , the legislative body of
15 that constitutional charter city shall determine the method of appointment, and subject to the
16 limitations expressed in [ the first sentence ] subsection 1 of this section, shall determine their
17 qualifications, salaries, powers and duties consistent with the provisions of this chapter . If
18 the legislative body or county commission, as applicable, fails to determine such
19 qualifications, salaries, powers, and duties prior to appointment, the board of port
20 authority commissioners may elect to do so under the port authority's bylaws, consistent
21 with the pr ovisions of this chapter .
22 4. A member of a board of port authority commissioners shall be rem oved fr om
23 office in such manner as is pr ovided for the appointment of members as pr ovided in
24 subsections 2 and 3 of this section for malfeasance, willful neglect of duty , or other cause
25 after notice and public hearing, unless such member expr essly waives such notice or
26 hearing in writing. Removal for any other reas on and the pr ocess to be undertaken in
27 effecting such rem oval shall be res erved to the board of port authority commissioners
28 and exercised as pr escribed by the bylaws.
29 5. The legislative body or county commission shall also provide for the filing of
30 annual reports by the board of port authority commissioners and for periodic independent
31 audits of the accounts of the port authority .
68.055. 1. Every port authority shall let contracts for all work to be done and for
2 equipment, supplies or materials to be purchased. Excepting as otherwise provided herein,
3 such contracts shall be given to the [ lowest responsible bidder therefor , upon not less than
4 twenty days' notice of the letting, given by publication in a newspaper of general circulation
5 in the city or county creating the port authority; and in the discretion of the commissioners, in
6 one or more newspapers of general circulation among contractors. The port authority shall
7 have the power and authority to reject any and all bids and to readvertise the work or
8 proposed purchase ] bidder or pro poser whose bid or prop osal, when evaluated alongside
9 factors such as ability to perform, timeliness, character and repu tation, quality of past
10 performance, compliance with applicable laws, quality and availability , and ability to
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11 pr ovide futur e maintenance and services wher e applicable, is determined to be lowest
12 and best.
13 (1) Every port authority shall be authorized to use such additional pr ocurement
14 methods authorized by any pr ovision of state law with r espect to political subdivisions
15 or not otherwise pr ecluded by any pr ovision of state law with res pect to political
16 subdivisions, prov ided such nonprec luded methods are structur ed and implemented in a
17 manner as to ensure an open, transparen t, competitive, and fair pro cess.
18 (2) Notwithstanding the pr ovisions of subdivision (1) of this subsection to the
19 contrary , nothing in this section shall be construed to authorize a port authority to use
20 anything other than a qualifications-based pr ocur ement method with res pect to
21 pr ofessional ar chitecture or engineering services in connection with the design,
22 construction, alteration, addition, rem odel, or improvement of any public facility .
23 2. Notwithstanding the provisions of subsection 1 of this section, every port authority
24 may let contracts in a manner consistent with the procedures set forth in 24 CFR Section
25 85.36, "Uniform Administrative Requirements for Grants and Cooperative Agreements to
26 State and Local Government", as may be revised from time to time, regardless of the source
27 of funds for the procurement, except that if a funding source mandates specific procedures for
28 letting contracts as a condition to receipt of funds which are inconsistent with the procedures
29 authorized in this section for letting contracts, a port authority may use such procedures
30 required by the funding source.
31 3. Notwithstanding the provisions of subsection 2 of this section, the dollar limit of
32 procurements which may , pursuant to subsection 2 of this section, be accomplished using
33 "small purchase procedures", shall, for the purposes of procurements to be paid for with funds
34 other than federal funds, adjust annually based on the rate of inflation according to the
35 Consumer Price Index, commencing in 1995.
68.057. 1. Any expenditure made by a port authority[ , as defined in section 68.205, ]
2 that is over [ twenty-five ] seventy-five thousand dollars, including professional service
3 contracts, shall be competitively [ bid ] pr ocured . Contracts shall be awarded upon not less
4 than twenty days' notice of the letting, given by publication in a newspaper of general
5 cir culation in the city or county cr eating the port authority and, in the discre tion of the
6 commissioners, in one or mor e newspapers of general cir culation among contractors. In
7 the event no newspaper of general circu lation exists in the city or county crea ting the
8 port authority , the notice r equir ed in this subsection shall be given by publication in a
9 newspaper of general cir culation in an adjoining city or county or in such city or county
10 having a newspaper of general circ ulation as is geographically closest to the port
11 authority .
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12 2. The port authority shall have the power and authority to rej ect any and all
13 bids or pr oposals and to readve rtise the work or propo sed pur chase.
68.060. 1. Any combination of cities and counties that do not have local port
2 authorities appr oved by the highways and transportation commission of the state of
3 Missouri as of the effective date of this act but that ar e individually eligible to form local
4 port authorities, and cities and counties with existing local port authorities, are authorized to
5 directly apply to the highways and transportation commission of the state for approval of a
6 regional port authority as a political subdivision of the state.
7 2. The legislative bodies or county commissions of cities or counties [ desiring to form
8 a regional port authority ] , or such other persons as may be designated by charter for those
9 cities or counties operating under a charter form of government, as applicable, in
10 consultation with the boards of any existing local port authorities to be included within
11 the regio nal port authority , are hereby authorized to enter into contractual agreements with
12 each other for the purpose of creating within each jurisdiction regional port districts
13 administered by the regional port authority . All terms and provisions of said contractual
14 agreements shall be consistent with the provisions of this chapter . The contractual agreement
15 shall be filed in the of fice of county clerk, city clerk or clerk of the county council of each
16 party to the agreement.
17 3. The boundaries of any regional port district, and the number , method of
18 appointment, terms, qualifications, salaries, powers and duties of a regional board of
19 commissioners shall be fixed by the contractual agreement; provided, however , that any
20 contractual agreement shall not become effectiv e until it has been submitted to and approved
21 by all of the legislative bodies or county commissions entering into said contractual
22 agreement , or such other persons as may be designated by charter for those cities or
23 counties operating under a charter form of government, as applicable .
24 4. The port districts to be included within the regional port authority need not be
25 contiguous, adjacent, or abutting.
26 5. Any local port authority is authorized to contract with an existing regional port
27 authority for inclusion in the regional port authority . The contractual agreement shall be
28 formulated by the terms and procedures expressed in subsections 2 and 3 of this section.
29 Approval of the highways and transportation commission shall be required to make the
30 annexation ef fective.
31 6. Any local port authority established by a city or county , that subsequently enters
32 into a contractual agreement and is approved as part of a regional port authority , is dissolved
33 as of the date that the annexation is approved by the highways and transportation commission
34 of the state. On said date, all funds and other assets of the local port authority shall be
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35 transferred to the regional port authority . The regional port authority shall faithfully perform
36 all existing contracts and assume all legal obligations of the local port authority .
68.075. 1. This section shall be known and may be cited as the "Advanced Industrial
2 Manufacturing Zones Act".
3 2. As used in this section, the following terms shall mean:
4 (1) "AIM zone", an area identified through a resolution passed by the port authority
5 board of commissioners appointed under section 68.045 that is being developed or
6 redeveloped for any purpose so long as any infrastructure and building built or improved is in
7 the development area. The port authority board of commissioners shall file an annual report
8 indicating the established AIM zones with the department of revenue;
9 (2) "County average wage", the average wage in each county as determined by the
10 Missouri department of economic development for the most recently completed full calendar
11 year . However , if the computed county average wage is above the statewide average wage,
12 the statewide average wage shall be deemed the county average wage for such county for the
13 purpose of determining eligibility;
14 (3) "New job", the number of full-time employees located at the project facility that
15 exceeds the project facility base employment less any decrease in the number of full-time
16 employees at related facilities below the related facility base employment. No job that was
17 created prior to the date of the notice of intent shall be deemed a new job , except that any
18 job determined by the Missouri department of economic development to be eligible for
19 and that is appr oved by the Missouri department of economic development for rete ntion
20 of withholding tax under the Missouri works pro gram established in sections 620.2000
21 to 620.2020 shall be deemed a new job for purposes of this section, pr ovided that the
22 period of benefits under this section immediately follows the end of the period of
23 benefits under the Missouri works prog ram . An employee that spends less than fifty
24 percent of the employee's work time at the facility is still considered to be located at a facility
25 if the employee receives his or her directions and control from that facility , is on the facility's
26 payroll, one hundred percent of the employee's income from such employment is Missouri
27 income, and the employee is paid at or above the county average wage;
28 (4) "Related facility", a facility operated by a company or a related company prior to
29 the establishment of the AIM zone in question located within any port district, as defined
30 under section 68.015, which is directly related to the operations of the facility within the new
31 AIM zone.
32 3. Any port authority located in this state may establish an AIM zone. Such zone may
33 only include the area within the port authority's jurisdiction, ownership, or control, and may
34 include any such area. The port authority shall determine the boundaries for each AIM zone,
35 and more than one AIM zone may exist within the port authority's jurisdiction or under the
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36 port authority's ownership or control, and may be expanded or contracted by resolution of the
37 port authority board of commissioners.
38 4. Fifty percent of the state tax withholdings imposed by sections 143.191 to 143.265
39 on new jobs within such zone after development or redevelopment has commenced shall not
40 be remitted to the general revenue fund of the state of Missouri. Such moneys shall be
41 deposited into the port authority AIM zone fund established under subsection 5 of this section
42 for the purpose of continuing to expand, develop, and redevelop AIM zones identified by the
43 port authority board of commissioners and may be used for managerial, engineering, legal,
44 research, promotion, planning, satisfaction of bonds issued under section 68.040, and any
45 other expenses.
46 5. There is hereby created in the state treasury the "Port Authority AIM Zone Fund",
47 which shall consist of money collected under this section. The state treasurer shall be
48 custodian of the fund and shall approve disbursements from the fund in accordance with
49 sections 30.170 and 30.180 to the port authorities from which the funds were collected, less
50 the pro-rata portion appropriated by the general assembly to be used solely for the
51 administration of this section which shall not exceed ten percent of the total amount collected
52 within the zones of a port authority . Notwithstanding the provisions of section 33.080 to the
53 contrary , any moneys remaining in the fund at the end of the biennium shall not revert to the
54 credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the
55 same manner as other funds are invested. Any interest and moneys earned on such
56 investments shall be credited to the fund.
57 6. The port authority shall approve any projects that begin construction and disperse
58 any money collected under this section. The port authority shall submit an annual budget for
59 the funds to the department of economic development explaining how and when such money
60 will be spent.
61 7. The provision of section 23.253 notwithstanding, no AIM zone may be established
62 after August 28, 2030. Any AIM zone created prior to that date shall continue to exist and be
63 coterminous with the retirement of all debts incurred under subsection 4 of this section. No
64 debts may be incurred or reauthorized using AIM zone revenue after August 28, 2030.
68.085 . 1. Records and documents submitted to a local or regi onal port
2 authority and pertaining to a business pr ospect that the port authority is curr ently
3 negotiating may be deemed a closed re cord as such term is defined in section 610.010.
4 2. Records and documents deemed a closed record under section 620.014 and
5 that ar e disclosed, in whole or in part, to a local or r egional port authority evaluating the
6 pr ovision of assistance under this chapter shall not lose their status as closed records by
7 virtue of such disclosur e.
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68.205. As used in sections 68.200 to 68.260, unless the context clearly requires
2 otherwise, the following terms shall mean:
3 (1) "Act", the port improvement district act, sections 68.200 to 68.260;
4 (2) "Approval", for purposes of elections pursuant to this act, a simple majority of
5 those qualified voters casting votes in any election;
6 (3) "Board", the board of port authority commissioners for the particular port
7 authority that desires to establish or has established a district;
8 (4) "Consent", the written acknowledgment and approval of the creation of the district
9 by:
10 (a) Owners of real property collectively owning more than [ sixty ] fifty percent by
11 assessed value of real property within the boundaries of the proposed port improvement
12 district; and
13 (b) More than [ sixty ] fifty percent per capita of the owners of all real property within
14 the boundaries of the proposed port improvement district;
15 (5) "Director of revenue", the director of the department of revenue of the state of
16 Missouri;
17 (6) "Disposal of solid waste or sewage", the entire process of storage, collection,
18 transportation, processing, and disposal of solid wastes or sewage;
19 (7) "District" or "port improvement district", an area designated by the port authority
20 which is located within its port district boundaries at the time of establishment;
21 (8) "Election authority", the election authority having jurisdiction over the area in
22 which the boundaries of the district are located under chapter 1 15;
23 (9) "Energy conservation", the reduction of ener gy consumption;
24 (10) "Energy ef ficiency", the increased productivity or ef fectiveness of the use of
25 ener gy resources, the reduction of ener gy consumption, or the use of renewable ener gy
26 sources;
27 (1 1) "Obligations", revenue bonds and notes issued for the repayment of any money
28 obtained by a port authority from any public or private source along with any associated
29 financing costs, including, but not limited to, the costs of issuance, capitalized interest, and
30 debt service;
31 (12) "Owner", the individual or individuals or entity or entities who own a fee interest
32 in real property that is located within the boundaries of a district based upon the recorded real
33 estate records of the county recorder , or the city recorder of deeds if the district is located in a
34 city not within a county , as of the thirtieth day prior to any action;
35 (13) "Petition", a petition to establish a port improvement district within the port
36 district boundaries or a petition to make a substantial change to an existing district;
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37 (14) "Pollution", the existence of any noxious substance in the air or waters or on the
38 lands of the state in suff icient quantity and of such amounts, characteristics, and duration as to
39 injure or harm the public health or welfare or animal life or property;
40 (15) "Port authority", a political subdivision established pursuant to this chapter;
41 (16) "Port district boundaries", the boundaries of any port authority on file with the
42 clerk of the county commission, city clerk, or clerk of the legislative or governing body of the
43 county as applicable, which became ef fective upon approval by the Missouri highways and
44 transportation commission;
45 (17) "Project" or "port improvement project", with respect to any property within a
46 port improvement district, or benefitting property within a port improvement district:
47 (a) Providing for , or contracting for the provision of, environmental cleanup,
48 including the disposal of solid waste, services to brownfields, or other polluted real property;
49 (b) Providing for , or contracting for the provision of, ener gy conservation or
50 increased ener gy efficien cy within any building, structure, or facility;
51 (c) Providing for , or contracting for the provision of, wetland creation, preservation,
52 or relocation;
53 (d) The construction of any building, structure, infrastructure, fixture, or facility
54 determined by the port authority as essential in developing ener gy resources, preventing,
55 reducing, or eliminating pollution, or providing water facilities or the disposal of solid waste;
56 (e) Modifications to, or the relocation of, any existing building, structure,
57 infrastructure, fixture, or facility that has been acquired or constructed, or which is to be
58 acquired or constructed for the purpose of developing ener gy resources, preventing, reducing,
59 or eliminating pollution, or providing water facilities or the disposal of solid waste;
60 (f) The acquisition, clearing, and grading of real property and the acquisition of other
61 property and improvements, or rights and interest therein, which are determined by the port
62 authority to be significant in, or in the furtherance of, the history , architecture, archeology , or
63 culture of the United States, the state of Missouri, or its political subdivisions;
64 (g) The operation, maintenance, repair , rehabilitation, or reconstruction of any
65 existing public or private building, structure, infrastructure, fixture, or facility determined by
66 the port authority to be significant in, or in the furtherance of, the history , architecture,
67 archeology , or culture of the United States, the state of Missouri, or its political subdivisions;
68 (h) The construction of any new building, structure, infrastructure, fixture, or facility
69 that is determined by the port authority to be significant in, or in the furtherance of, the
70 history , architecture, archeology , or culture of the United States, the state of Missouri, or its
71 political subdivisions;
72 (i) Providing for any project determined to be significant in or in furtherance of the
73 purpose of a port authority as provided in section 68.020;
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74 (18) "Qualified project costs", include any and all reasonable costs incurred or
75 estimated to be incurred by a port authority , or a person or entity authorized by a port
76 authority , in furtherance of a port improvement project, which costs may include, but are not
77 limited to:
78 (a) Costs of studies, plans, surveys, and specifications;
79 (b) Professional service costs, including, but not limited to, architectural, engineering,
80 legal, research, marketing, financial, planning, consulting, and special services, including
81 professional service costs necessary or incident to determining the feasibility or practicability
82 of any project and carrying out the same;
83 (c) Administrative fees and costs of a port authority in carrying out any of the
84 purposes of this act;
85 (d) Property assembly costs, including, but not limited to, acquisition of land and
86 other property and improvements, real or personal, or rights or interests therein, demolition of
87 buildings and structures, and the clearing or grading of land, machinery , and equipment
88 relating to any project, including the cost of demolishing or removing any existing structures;
89 (e) Costs of operating, rehabilitating, reconstructing, maintaining, and repairing
90 existing buildings, structures, infrastructure, facilities, or fixtures;
91 (f) Costs of constructing new buildings, structures, infrastructure, facilities, or
92 fixtures;
93 (g) Costs of constructing, operating, rehabilitating, reconstructing, maintaining,
94 repairing or removing public works or improvements;
95 (h) Financing costs, including, but not limited to, all necessary and incidental
96 expenses related to the port authority's issuance of obligations, which may include capitalized
97 interest on any such obligations and reasonable reserves related to any such obligations;
98 (i) All or a portion of the port authority's capital costs resulting from a port
99 improvement project necessarily incurred or to be incurred in furtherance of a port
100 improvement project, to the extent the port authority accepts and approves such costs; and
101 (j) Relocation costs, to the extent that a port authority determines that relocation costs
102 shall be paid, or are required to be paid, by federal or state law;
103 (19) "Qualified voters", for the purposes of an election for the approval of a real
104 property tax or a sales and use tax:
105 (a) Registered voters residing within the district; or
106 (b) If no registered voters reside within the district, the owners of one or more parcels
107 of real property within the district which would be subject to such real property taxes or sales
108 and use taxes, as applicable, based upon the recorded real estate records of the county
109 recorder , or the city recorder of deeds if the district is located in a city not within a county , as
110 of the thirtieth day prior to the date of the applicable election;
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111 (20) "Registered voters", persons who reside within the district and who are qualified
112 and registered to vote pursuant to chapter 1 15 as determined by the election authority as of the
113 thirtieth day prior to the date of the applicable election;
114 (21) "Respondent", unless the port authority is the owner of all real property within
115 the proposed district, the municipality or municipalities within which the proposed district is
116 located, the county or counties within which the proposed district is located, the Missouri
117 highways and transportation commission when the proposed district shall be within the
118 highways of the state of Missouri, and any other political subdivision within the boundaries of
119 the proposed port improvement district, except the petitioning port authority;
120 (22) "Revenues", all rents, revenues from any levied real property tax and sales and
121 use tax, char ges and other income received by a port authority in connection with any project,
122 including any gift, grant, loan, or appropriation received by the port authority with respect
123 thereto;
124 (23) "Substantial changes", with respect to an established port improvement district,
125 the addition or removal of real property to or from the port improvement district and any
126 changes to the approved district funding mechanism; [ and ]
127 (24) "T axpayer", a person or owner of real property within the proposed district who
128 would pay any real estate or use tax as a result of the district establishment; and
129 (25) "W ater facilities", any facilities for the furnishing and treatment of water for
130 industrial, commercial, agricultural, or community purposes including, but not limited to,
131 wells, reservoirs, dams, pumping stations, water lines, sewer lines, treatment plants,
132 stabilization ponds, storm sewers, storm water detention and retention facilities, and related
133 equipment and machinery .
68.253 . Notwithstanding any pr ovision of sections 68.200 to 68.260 to the
2 contrary , if the port authority is the owner of all the real prop erty within the pro posed
3 district or existing district for which a substantial change has been prop osed or one
4 hundr ed percen t per capita of the owners of all the rea l pr operty within the pro posed
5 district or existing district for which a substantial change has been prop osed have
6 consented in writing to the crea tion of the prop osed district or substantial change,
7 consideration of the petition by the circu it court shall not be req uire d. In such event,
8 certification of any question with res pect to any tax pr oposed to be levied or modified
9 shall be made by the board of port authority commissioners and ther eafter provi ded to
10 the election authority as otherwise pr ovided by section 68.250.
[ 68.259 . Notwithstanding the provisions of section 1.140 to the
2 contrary , the provisions of sections 68.025, 68.035, 68.040, 68.057, 68.070,
3 68.200, 68.205, 68.210, 68.215, 68.220, 68.225, 68.230, 68.235, 68.240,
4 68.245, 68.250, 68.255, and 68.260 as contained in this act shall be severable,
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5 and if any provision is for any reason held to be invalid, such decision shall not
6 invalidate any of the remaining provisions of sections 68.025, 68.035, 68.040,
7 68.057, 68.070, 68.200, 68.205, 68.210, 68.215, 68.220, 68.225, 68.230,
8 68.235, 68.240, 68.245, 68.250, 68.255, and 68.260 as contained in this act. ]
✔
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