Section 12 Transportation Development District Act

• Library: Urban Development Subdivisions, and Annexations (2011 Ed.)

Enacted in 1990, the TDD Act (Missouri Transportation Development District Act), §§ 238.200–238.275, RSMo 2000 and Supp. 2010, provides for cooperation between a locally established special-purpose district and political subdivision and the MHTC (Missouri Highways and Transportation Commission) to "fund, promote, plan, design, construct, improve, maintain, and operate one or more" transportation-related improvements or infrastructure. Section 238.205.1, RSMo 2000. In particular, the MHTC encourages applications by TDDs (transportation development districts) for the Missouri Department of Transportation's Innovative Finance Program for development and maintenance of approved projects.

To fund proposed projects, TDDs may levy special assessments, or property taxes and sales taxes, subject to approval of voters within the TDD. Sections 238.227–238.235, RSMo 2000 and Supp. 2010. Additionally, TDDs may borrow funds, enter into lease-purchase arrangements, or issue bonds, notes, or similar obligations. The TDD may secure the obligations by pledging district property or income. Section 238.240, RSMo 2000. Different subclasses of property may be established within the TDD, and special assessment may be levied at different rates based on the level of benefit that each subclass receives from TDD projects. Section 238.230.5, RSMo Supp. 2010.

Formation of a TDD requires a petition to the applicable circuit court by 50 registered voters within the proposed district, by all of the property owners within the district if the proposed TDD contains no registered voters, or by the governing county, city, town, village, or similar entity (defined as "local transportation authorities"). Section 238.207, RSMo Supp. 2010. Specific requirements for the petition are set forth in § 238.207.4.

Alternatively, TDDs may be established jointly by a resolution adopted by 2 or more local transportation...