SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE NO. 2 FOR
96TH GENERAL ASSEMBLY
4554L.08C D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 70.441, 105.935, and 136.055, RSMo, and to enact in lieu thereof thirteen new sections relating to state agencies, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 70.441, 105.935, and 136.055, RSMo, are repealed and thirteen new sections enacted in lieu thereof, to be known as sections 70.441, 105.935, 136.055, 186.070, 1, 2, 3, 4, 5, 6, 7, 8, and 9, to read as follows:
70.441. 1. As used in this section, the following terms have the following meanings:
(1) "Agency", the bi-state development agency created by compact under section 70.370;
(2) "Conveyance" includes bus, paratransit vehicle, rapid transit car or train, locomotive, or other vehicle used or held for use by the agency as a means of transportation of passengers;
(3) "Facilities" includes all property and equipment, including, without limitation, rights-of-way and related trackage, rails, signals, power, fuel, communication and ventilation systems, power plants, stations, terminals, signage, storage yards, depots, repair and maintenance shops, yards, offices, parking lots and other real estate or personal property used or held for or incidental to the operation, rehabilitation or improvement of any public mass transportation system of the agency;
(4) "Person", any individual, firm, copartnership, corporation, association or company; and
(5) "Sound production device" includes, but is not limited to, any radio receiver, phonograph, television receiver, musical instrument, tape recorder, cassette player, speaker device and any sound amplifier.
2. In interpreting or applying this section, the following provisions shall apply:
(1) Any act otherwise prohibited by this section is lawful if specifically authorized by agreement, permit, license or other writing duly signed by an authorized officer of the agency or if performed by an officer, employee or designated agent of the agency acting within the scope of his or her employment or agency;
(2) Rules shall apply with equal force to any person assisting, aiding or abetting another, including a minor, in any of the acts prohibited by the rules or assisting, aiding or abetting another in the avoidance of any of the requirements of the rules; and
(3) The singular shall mean and include the plural; the masculine gender shall mean the feminine and the neuter genders; and vice versa.
3. (1) No person shall use or enter upon the light rail conveyances of the agency without payment of the fare or other lawful charges established by the agency. Any person on any such conveyance must have properly validated fare media in his possession. This ticket must be valid to or from the station the passenger is using, and must have been used for entry for the trip then being taken;
(2) No person shall use any token, pass, badge, ticket, document, transfer, card or fare media to gain entry to the facilities or conveyances of, or make use of the services of, the agency, except as provided, authorized or sold by the agency and in accordance with any restriction on the use thereof imposed by the agency;
(3) No person shall enter upon parking lots designated by the agency as requiring payment to enter, either by electronic gate or parking meters, where the cost of such parking fee is visibly displayed at each location, without payment of such fees or other lawful charges established by the agency;
(4) Except for employees of the agency acting within the scope of their employment, no person shall sell, provide, copy, reproduce or produce, or create any version of any token, pass, badge, ticket, document, transfer, card or any other fare media or otherwise authorize access to or use of the facilities, conveyances or services of the agency without the written permission of an authorized representative of the agency;
(5) No person shall put or attempt to put any paper, article, instrument or item, other than a token, ticket, badge, coin, fare card, pass, transfer or other access authorization or other fare media issued by the agency and valid for the place, time and manner in which used, into any fare box, pass reader, ticket vending machine, parking meter, parking gate or other fare collection instrument, receptacle, device, machine or location;
(6) Tokens, tickets, fare cards, badges, passes, transfers or other fare media that have been forged, counterfeited, imitated, altered or improperly transferred or that have been used in a manner inconsistent with this section shall be confiscated;
(7) No person may perform any act which would interfere with the provision of transit service or obstruct the flow of traffic on facilities or conveyances or which would in any way interfere or tend to interfere with the safe and efficient operation of the facilities or conveyances of the agency;
(8) All persons on or in any facility or conveyance of the agency shall:
(a) Comply with all lawful orders and directives of any agency employee acting within the scope of his employment;
(b) Obey any instructions on notices or signs duly posted on any agency facility or conveyance; and
(c) Provide accurate, complete and true information or documents requested by agency personnel acting within the scope of their employment and otherwise in accordance with law;
(9) No person shall falsely represent himself or herself as an agent, employee or representative of the agency;
(10) No person on or in any facility or conveyance shall:
(a) Litter, dump garbage, liquids or other matter, or create a nuisance, hazard or unsanitary condition, including, but not limited to, spitting and urinating, except in facilities provided;
(b) Drink any alcoholic beverage or possess any opened or unsealed container of alcoholic beverage, except on premises duly licensed for the sale of alcoholic beverages, such as bars and restaurants;
(c) Enter or remain in any facility or conveyance while his ability to function safely in the environment of the agency transit system is impaired by the consumption of alcohol or by the taking of any drug;
(d) Loiter or stay on any facility of the agency;
(e) Consume foods or liquids of any kind, except in those areas specifically authorized by the agency;
(f) Smoke or carry an open flame or lighted match, cigar, cigarette, pipe or torch, except in those areas or locations specifically authorized by the agency; or
(g) Throw or cause to be propelled any stone, projectile or other article at, from, upon or in a facility or conveyance;
(11) No weapon or other instrument intended for use as a weapon may be carried in or on any facility or conveyance, except for law enforcement personnel. For the purposes hereof, a weapon shall include, but not be limited to, a firearm, switchblade knife, sword, or any instrument of any kind known as blackjack, billy club, club, sandbag, metal knuckles, leather bands studded with metal, wood impregnated with metal filings or razor blades; except that this subdivision shall not apply to a rifle or shotgun which is unloaded and carried in any enclosed case, box or other container which completely conceals the item from view and identification as a weapon;
(12) No explosives, flammable liquids, acids, fireworks or other highly combustible materials or radioactive materials may be carried on or in any facility or conveyance, except as authorized by the agency;
(13) No person, except as specifically authorized by the agency, shall enter or attempt to enter into any area not open to the public, including, but not limited to, motorman's cabs, conductor's cabs, bus operator's seat location, closed-off areas, mechanical or equipment rooms, concession stands, storage areas, interior rooms, tracks, roadbeds, tunnels, plants, shops, barns, train yards, garages, depots or any area marked with a sign restricting access or indicating a dangerous environment;
(14) No person may ride on the roof, the platform between rapid transit cars, or on any other area outside any rapid transit car or bus or other conveyance operated by the agency;
(15) No person shall extend his hand, arm, leg, head or other part of his or her person or extend any item, article or other substance outside of the window or door of a moving rapid transit car, bus or other conveyance operated by the agency;
(16) No person shall enter or leave a rapid transit car, bus or other conveyance operated by the agency except through the entrances and exits provided for that purpose;
(17) No animals may be taken on or into any conveyance or facility except the following:
(a) An animal enclosed in a container, accompanied by the passenger and carried in a manner which does not annoy other passengers; and
(b) Working dogs for law enforcement agencies, agency dogs on duty, dogs properly harnessed and accompanying blind or hearing-impaired persons to aid such persons, or dogs accompanying trainers carrying a certificate of identification issued by a dog school;
(18) No vehicle shall be operated carelessly, or negligently, or in disregard of the rights or safety of others or without due caution and circumspection, or at a speed in such a manner as to be likely to endanger persons or property on facilities of the agency. The speed limit on parking lots and access roads shall be posted as fifteen miles per hour unless otherwise designated.
4. (1) Unless a greater penalty is otherwise provided by the laws of the state, any violation of this section shall constitute a misdemeanor, and any person committing a violation thereof shall be subject to arrest and, upon conviction in a court of competent jurisdiction, shall pay a fine in an amount not less than twenty-five dollars and no greater than two hundred fifty dollars per violation, in addition to court costs. Any default in the payment of a fine imposed pursuant to this section without good cause shall result in imprisonment for not more than thirty days;
(2) Unless a greater penalty is provided by the laws of the state, any person convicted a second or subsequent time for the same offense under this section shall be guilty of a misdemeanor and sentenced to pay a fine of not less than fifty dollars nor more than five hundred dollars in addition to court costs, or to undergo imprisonment for up to sixty days, or both such fine and imprisonment;
(3) Any person failing to pay the proper fare, fee or other charge for use of the facilities and conveyances of the agency shall be subject to payment of such charge as part of the judgment against the violator. All proceeds from judgments for unpaid fares or charges shall be directed to the appropriate agency official;
(4) All juvenile offenders violating the provisions of this section shall be subject to the jurisdiction of the juvenile court as provided in chapter 211;
(5) As used in this section, the term "conviction" shall include all pleas of guilty and findings of guilt.
5. Any person who is convicted, pleads guilty, or pleads nolo contendere for failing to pay the proper fare, fee, or other charge for the use of the facilities and conveyances of the bi-state development agency, as described in subdivision (3) of subsection 4 of this section, shall, in addition to the unpaid fares or charges and any fines, penalties, or sentences imposed by law, shall be required to reimburse costs attributable to the enforcement, investigation, and prosecution of such offense by the bi-state development agency.
6. (1) Stalled or disabled vehicles may be removed from the roadways of the agency property by the agency and parked or stored elsewhere at the risk and expense of the owner;
(2) Motor vehicles which are left unattended or abandoned on the property of the agency for a period of over seventy-two hours may be removed as provided for in section 304.155, except that the removal may be authorized by personnel designated by the agency under section 70.378.
105.935. 1. Any state employee who has accrued any overtime hours may choose to use those hours as compensatory leave time provided that the leave time is available and agreed upon by both the state employee and his or her supervisor.
2. A state employee who is a nonexempt employee pursuant to the provisions of the Fair Labor Standards Act shall be eligible for payment of overtime in accordance with subsection 4 of this section. A nonexempt state employee who works on a designated state holiday shall be granted equal compensatory time off duty or shall receive, at his or her choice, the employee's straight time hourly rate in cash payment. A nonexempt state employee shall be paid in cash for overtime unless the employee requests compensatory time off at the applicable overtime rate. As used in this section, the term "state employee" means any person who is employed by the state and earns a salary or wage in a position normally requiring the actual performance by him or her of duties on behalf of the state, but shall not include any employee who is exempt under the provisions of the Fair Labor Standards Act or any employee of the general assembly.
3. Beginning on January 1, 2006, and annually thereafter each department shall pay all nonexempt state employees in full for any overtime hours accrued during the previous calendar year which have not already been paid or used in the form of compensatory leave time. All nonexempt state employees shall have the option of retaining up to a total of eighty compensatory time hours.
4. The provisions of subsection 2 of this section shall only apply to nonexempt state employees who are otherwise eligible for compensatory time under the Fair Labor Standards Act, excluding employees of the general assembly. Any nonexempt state employee requesting cash payment for overtime worked shall notify such employee's department in writing of such decision and state the number of hours, no less than twenty, for which payment is desired. The department shall pay the employee within the calendar month following the month in which a valid request is made. Nothing in this section shall be construed as creating a new compensatory benefit for state employees.
5. Each department shall, by November first of each year, notify the commissioner of administration, the house budget committee chair, and the senate appropriations committee chair of the amount of overtime paid in the previous fiscal year and an estimate of overtime to be paid in the current fiscal year. The fiscal year estimate for overtime pay to be paid by each department shall be designated as a separate line item in the appropriations bill for that department. The provisions of this subsection shall become effective July 1, 2005.
6. Each state department shall report quarterly to the house of representatives budget committee chair, the senate appropriations committee chair, and the commissioner of administration the cumulative number of accrued overtime hours for department employees, the dollar equivalent of such overtime hours, the number of authorized full-time equivalent positions and vacant positions, the amount of funds for any vacant positions which will be used to pay overtime compensation for employees with full-time equivalent positions, and the current balance in the department's personal service fund.
7. This section is applicable to overtime earned under the Fair Labor Standards Act. This section is applicable to employees who are employed in nonexempt positions providing direct client care or custody in facilities operating on a twenty-four-hour seven-day-a-week basis in the department of corrections, the department of mental health, the division of youth services of the department of social services, and the veterans commission of the department of public safety.
8. Notwithstanding any provision of law to the contrary, any state employee who works ten-hour days and forty hours per week shall not be required to take two hours of vacation leave for paid holidays. Such employee shall have the option to receive compensation only for an eight-hour work day for any paid holiday.
136.055. 1. Any person who is selected or appointed by the state director of revenue as provided in subsection 2 of this section to act as an agent of the department of revenue, whose duties shall be the processing of motor vehicle title and registration transactions and the collection of sales and use taxes when required under sections 144.070 and 144.440, and who receives no salary from the department of revenue, shall be authorized to collect from the party requiring such services additional fees as compensation in full and for all services rendered on the following basis:
(1) For each motor vehicle or trailer registration issued, renewed or transferred--three dollars and fifty cents and seven dollars for those licenses sold or biennially renewed pursuant to section 301.147;
(2) For each application or transfer of title--two dollars and fifty cents;
(3) For each instruction permit, nondriver license, chauffeur's, operator's or driver's license issued for a period of three years or less--two dollars and fifty cents and five dollars for licenses or instruction permits issued or renewed for a period exceeding three years;
(4) For each notice of lien processed--two dollars and fifty cents;
(5) No notary fee or other fee or additional charge shall be paid or collected except for electronic telephone transmission reception--two dollars.
2. The director of revenue shall award fee office contracts under this section through a competitive bidding process. The competitive bidding process shall give priority to organizations and entities whose primary administrative office is located within the same county, legislative district, or senatorial district as the fee office bid upon that are exempt from taxation under Section 501(c)(3) [or] , 501(c)(6), or 501(c)(19) of the Internal Revenue Code of 1986, as amended, and political subdivisions, including but not limited to, municipalities, counties, and fire protection districts, with a point preference given for the following:
(1) Organizations and entities currently operating fee offices within the municipality or county shall be given points for the immediately preceding year of operation, with additional points awarded for each continuous five-year period of operation beyond the initial year;
(2) Organizations and entities who have previously operated fee offices within the municipality or county shall be given points for a year of operation, with additional points awarded for each continuous five-year period of operation beyond the initial year;
(3) Organizations and entities shall be given points based on lower administrative costs, with preference given to organizations and entities with lower such costs.
3. Any nonprofit entity awarded a contract under this section shall:
(1) Submit the most recent annual report to the director of the department of revenue, prior to February first of each year, which shall contain for the immediately preceding year:
(a) The net receipts of the fee office;
(b) An itemization of all expenditures and administrative fees paid including both operating expenses and charitable contributions; and
(c) A list of all charities benefitting from fees collected under this section;
(2) Prominently display at its business location all charitable entities benefitting from fees collected under this section.
The director of the department of revenue may promulgate rules and regulations necessary to carry out the provisions of this subsection and subsection 2 of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this subsection shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.
[3.] 4. All fees collected by a tax-exempt organization may be retained and used by the organization.
[4.] 5. All fees charged shall not exceed those in this section. The fees imposed by this section shall be collected by all permanent offices and all full-time or temporary offices maintained by the department of revenue.
[5.] 6. Any person acting as agent of the department of revenue for the sale and issuance of registrations, licenses, and other documents related to motor vehicles shall have an insurable interest in all license plates, licenses, tabs, forms and other documents held on behalf of the department.
[6.] 7. The fees authorized by this section shall not be collected by motor vehicle dealers acting as agents of the department of revenue under section 32.095 or those motor vehicle dealers authorized to collect and remit sales tax under subsection 8 of section 144.070.
[7.] 8. Notwithstanding any other provision of law to the contrary, the state auditor may audit all records maintained and established by the fee office in the same manner as the auditor may audit any agency of the state, and the department shall ensure that this audit requirement is a necessary condition for the award of all fee office contracts. No confidential records shall be divulged in such a way to reveal personally identifiable information.
186.070. 1. The general assembly, giving due consideration to the experiences and continued interest of former and current members of various statewide advisory boards and commissions, as well as experience on gubernatorial-appointed boards of curators and regents of regional state colleges and universities, does hereby establish the "Missouri Advisory Boards and Commissions Association". This section enables current members and former members of Missouri's Advisory Boards and Commissions and board of curators and regents to join together in a formal organization. This association shall meet on at least an annual basis, determine association membership guidelines, develop a set of bylaws, and issue annual reports and other reports as requested by the general assembly and the executive branch.
2. The purpose of the Missouri Advisory Boards and Commissions Association is to provide a framework which enables former and current members of Missouri's Advisory Boards and Commissions to share observations and insights derived from their participation as advisory board and commission members and members of boards of curators and regents to study and discuss matters of statewide importance, as well as to report recommendations for further action as requested to the Missouri general assembly and the offices of the governor and lieutenant governor of the state of Missouri.
3. Membership in the Missouri Advisory Boards and Commissions Association is purely voluntary and members shall serve without compensation.
Section 1. 1. The governor is hereby authorized and empowered to sell, transfer, grant, convey, remise, release and forever quitclaim all interest of the state of Missouri in real property located in the City of Macon, Macon County, to the state highways and transportation commission. The property to be conveyed is more particularly described as follows:
Tract 1
All of lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21), Twenty-two (22), and Twenty-three (23) of Block Four (4) of the Kenwood Addition to the City of Macon, Missouri, except that part heretofore conveyed to the State of Missouri for use of the State Highway Commission of Missouri, as right-of-way, and more fully described as follows:
Beginning at a point on the center line of Maple Street 25 feet west of and 22.5 feet south of the southeast corner of said Block Four (4), thence west along the center line of said Maple Street for a distance of 98.1 feet to a point on the north right-of-way line of Route US 63, thence north 71° 46' West along the said right-of-way line for a distance of 174.5 feet to the P.C. of a curve to the right having a radius of 491.7 feet, thence in a northwesterly direction around the above described curve for a distance of 68.9 feet to the point of intersection of the said right-of-way line and the center line of Madison Street, thence north along the center line of said Madison Street for a distance of 270.7 feet to a point on the center line of Chestnut Street, thence east along the center line of said Chestnut Street for a distance of 343.7 feet to a point, thence south along the east line of said Block Four (4) for a distance of 213.2 feet to the northeast corner of lot Seventeen (17) of said Block Four (4), thence west along the north line of said lot Seventeen (17) for a distance of 25 feet to the northwest corner of said lot Seventeen (17), thence south along the west line of said lot Seventeen (17) for a distance of 147.5 feet to the point of beginning, and containing in all 2.39 acres, more or less.
Tract 2
Lying in Lot Six (6) of Block One (1), of the Kenwood Addition to the City of Macon, Missouri and described as follows:
Beginning at a point 22.5 feet North of and 30 feet East of the Northeast Corner of said Block One (1), thence West along the Center Line of McKay Street for a distance of 137 feet to a point on the East right-of-way line of U.S. Route 63, thence in a Southeasterly direction along the said right-of-way line for a distance of 153 feet to the South Line of said Lot Six (6), thence East along said South Line of said Lot Six (6) for a distance of 22 feet to a point on the Center Line of Madison Street, thence North along the Center Line of said Madison Street for a distance of 87.2 feet to the point of beginning, and containing 0.13 acres, more or less.
Tract 3
All that part of Lots 1 and 2 lying East of Federal Highway #63 and all of Lots 9 and 10, all in Block 2 of Kenwood Addition to the town of Macon, Missouri and more specifically described as follows:
Beginning at a point 22-1/2 feet South of and 30 feet East of the Southeast Corner of said Block 2 of Kenwood Addition to the town of Macon, Missouri, thence North for a distance of 140.5 feet to a point, thence West for a distance of 227.5 feet to a point on the East right-of-way line of Federal Highway #63, thence in a Southeasterly direction along the said East right-of-way line of said Federal Highway #63 for a distance of 172 feet to a point, thence East for a distance of 131.8 feet to the point of beginning, and containing 0.6 acres, more or less.
2. The commissioner of administration shall set the terms and conditions for the conveyance, including the consideration, except that such consideration shall not exceed one dollar. Such terms and conditions may include, but are not limited to, the number of appraisals required, the time, place, and terms of the conveyance.
3. The attorney general shall approve the form of the instrument of conveyance.
Section 2. 1. The governor is hereby authorized and empowered to sell, transfer, grant, convey, remise, release and forever quitclaim to The Diocese of Jefferson City all interest of the state of Missouri in property located at the Boonville Correctional Center in Boonville, Cooper County, Missouri, described as follows:
Starting at the northwest corner of Section 36, T49N, R17W; thence S1°-44'-45"W, along the west line of said Section, 737.17 feet to the westerly extension of the north line of a 3.48 acre tract shown by a survey recorded in Survey Book 8, Page 199; thence, leaving said Section Line, N89°-48'-30"E, along said line and its extension, 1327.32 feet to the northeast corner of said 3.48 acre tract; thence S1°-55'-30"W, along the east line of said tract, 503.53 feet to the northwest corner of a 4.5 acre tract described by a Warranty Deed recorded in Book 361, Page 747; thence N87°-39'-30"E, along the north line of said 4.5 acre tract and on a direct line towards the northwest corner of the 1966 Addition to the Catholic Cemetery as shown by a survey recorded in Plat Book C, Page 65, a distance of 383.46 feet to the northeast corner of said 4.5 acre tract on the west line of a strip of land, 49.5 feet wide as shown by exhibit "A" of an easement recorded in Book 303, Page 675, and being the point of beginning.
From the point of beginning, continuing N87°-39'-30"E 49.64 feet to the northwest corner of said Cemetery Addition; thence S1°-55'-30"W, along said addition, 327.00 feet to the southwest corner thereof; thence, continuing S1°-55'-30"W 138.98 feet to the north line of Locust Street having a 30 foot right-of-way width from centerline, as established per General Warranty Deed recorded in Book 158, Page 753, on a curve having a radius of 1939.86 feet; thence, along said right-of-way line and said curve to the left, 43.08 feet (a chord S80°-59'-50"W 43.08 feet) to the PC Station of said curve; thence S80°-21'-40"W, along said right-of-way line, 7.35 feet to the east line of said 4.5 acre tract; thence N1°-55'-30"E, along last said east line, 471.92 feet to the point of beginning and containing 0.533 acre.
This entire tract is subject to a gas easement, 49.5 feet wide as recorded in Book 303, Page 675, and to other easements and restrictions of record.
2. The commissioner of administration shall set the terms and conditions for the conveyance as the commissioner deems reasonable. Such terms and conditions may include, but not be limited to, the number of appraisals required, the time, place, and terms of the conveyance.
3. The attorney general shall approve as to form the instrument of conveyance.
Section 3. 1. The governor is hereby authorized and empowered to sell, transfer, grant, convey, remise, release and forever quitclaim all interest of the state of Missouri in property known as the Office of Administration Garage and Simpson Building, located at 705 and 709 Missouri Blvd., Jefferson City, Cole County, Missouri, described as follows:
A part of the NE 1/4 of the SE 1/4 and part of the SE 1/4 of the NE 1/4 of Section 12, T 44 N, R 12 W. Also a part of Lots 2, 3, 5, 6, 7, 8, 9, 10 and 11 of Flick' s Subdivision and a part of Flick's Street (vacated) all in the City of Jefferson , Missouri, more particularly described as follows:
A tract of land described as beginning at a point on the right or west right of way line of U.S. Highway Route 54, said point being 80 feet right or west of and at right angles to the centerline of said Route 54 opposite Station 23+79; thence in a southerly direction parallel to said centerline, a centerline distance of 194 feet to a point opposite Station 25+73; thence in a southwesterly direction on a direct line to a point, said point being 30 feet left or west of and at right angles to the centerline of Ramp 2 of said Route 54 opposite Station 6+07.10; thence in a southwesterly direction on a direct line to a point, said point being 25 feet left or west of and at right angles to the centerline of said Ramp 2 opposite Station 5+50; thence in a westerly direction on a direct line to a point, said point being 20 feet left or north of and at right angles to said centerline opposite Station 5+00; thence in a northwesterly direction parallel to said centerline to a point opposite Station 1+08; thence in a northeasterly direction on a direct line to a point, said point being 55 feet left or east of and at right angles to said centerline opposite Station 0+70; thence in an easterly direction on a direct line to a point, said point being 55 feet left or south of and at right angles to the centerline of Missouri Boulevard opposite Missouri Boulevard Station 20+00 ; thence in an easterly direction on a direct line to the point of beginning. Containing 1.6 acres, more or less.
The centerline of said Route 54 is described as follows: From an iron pin at the northwest corner of Lot 1 of Outlot No. 3; thence N 14° 54' 21" W, 1,242 .72 feet to a point on the centerline of said Route 54 at Station 33+00; thence N 5° 57' 19" E, 387 .77 feet; thence on 1° 15' curve to the left, 339 .23 feet, to Station 25+73 the point of beginning; thence continuing on said 1° 15' curve to the left, 159.44 feet; thence N 0° 16' 42" W, 74.56 feet to Station 23+39.
The centerline of Missouri Boulevard is described as follows: From an iron pin at the northwest corner of Lot 1 of Outlot No. 3; thence N 14° 54' 21" W, 1,242 .72 feet to a point on the centerline of said Route 54 at Station 33+00; thence N 5° 57' 19" E, 89 .61 feet; thence N 84° 02' 41" W, 39 feet to a point on the centerline of Ramp 1 of said Route 54 at Station 10+02.33; thence on a 12° curve to the left, (said curve being tangent to a line bearing N 5° 57' 19" E) 447.34 feet; thence N 47° 43' 35" W, 115 .9 feet; thence on a 24° curve to the right, 212.30 feet; thence N 3° 13' 34" E, 226.79 feet to Station 0+00 Ramp 1 = Station 21+47.61 Missouri Boulevard; thence S 86° 46' 26" E, 46 feet to Station 21+01 .61 Missouri Boulevard = Station 0+00 Ramp 2 ; thence continuing S 86° 46' 26" E, 101 .61 feet to Station 20+00.
The centerline of Ramp 2 is described as follows: From Station 21+01.61 Missouri Boulevard = Station 0+00 Ramp 2 (as described above); thence S 3° 13' 34" W, 70 feet to Station 0+70 the point of beginning; thence continuing S 3° 13' 34" W, 128 feet; thence on a 28° 38' 52" curve to the left, 153 .27 feet; thence on a 38° 11' 50 " curve to the left, 255 .83 feet to Station 6+07.10
2. The commissioner of administration shall set the terms and conditions for the conveyance as the commissioner deems reasonable. Such terms and conditions may include, but not be limited to, the number of appraisals required, the time, place, and terms of the conveyance.
3. The attorney general shall approve as to form the instrument of conveyance.
Section 4. 1. The governor is hereby authorized and empowered to grant a perpetual drainage easement located at Jefferson Barracks to the United States Department of Public Affairs, St. Louis County, Missouri, described as follows:
A tract of land being part of that parcel conveyed to Missouri Air National Guard by Deed recorded in Book 02667, Page 0367 of the St. Louis County Records, situated in U.S Survey 3341, Township 44 North, Range 6 East of the 5th Principal Meridian, St. Louis County, Missouri, being more particularly described as follows:
Commencing at a fence post found at the Southwest corner of said parcel, said point also being the southeast corner of Lot 15 of Sylvan Springs Addition No. 3, as shown on plat recorded in Plat Book 62 Page 37, situated in U.S Survey 3341, Township 44 North, Range 6 East of the 5th Principal Meridian, St. Louis County, Missouri; thence South 87° 51' 25" East a distance of 896.01 feet along the Southern line of said parcel to the True Point of Beginning; thence North 03° 52' 19" East a distance of 21.00 feet to a point; thence South 87° 51' 25" East a distance of 10.00 feet to a point; thence South 03° 52' 19" West a distance of 21.00 feet to a point on the Southern line of said parcel; thence North 87° 51’ 25” West a distance of 10.00 feet along the Southern line of said parcel to the Point of Beginning.
Said parcel contains 210 square feet, more or less.
2. The commissioner of administration shall set the terms and conditions for the conveyance as the commissioner deems reasonable. Such terms and conditions may include, but not be limited to, the number of appraisals required, the time, place, and terms of the conveyance.
3. The attorney general shall approve as to form the instrument of conveyance.
Section 5. 1. The governor is hereby authorized and empowered to sell, transfer, grant, convey, remise, release and forever quitclaim all interest and reversionary rights of the state of Missouri in a tract of land in St. Joseph, Buchanan County, Missouri, to the State Joseph School District described as follows:
A tract of land in the Southeast Quarter of Section 10,Township 57 North, Range 35 West, Buchanan County, Missouri, described as follows: Beginning at the intersection of the West line of 36th Street and the South line of Faraon Street in the City of St. Joseph, Missouri, said point being 85 feet West and 110 feet South of the Northeast corner of said Quarter Section; thence West along the South line of said Faraon Street 1350 feet; thence South on a line parallel with the East line of said Quarter Section 1000 feet; thence East on a line parallel with the North line of said Quarter Section 1050 feet; thence North on a line parallel with the East line of said Quarter Section 100 feet ; thence East on a line parallel with the North line of said Quarter Section 300 feet to the West line of 36th Street; thence North along said West line 900 feet to the point of beginning, containing 30.3 Acres, more or less.
2. The commissioner of administration shall set the terms and conditions for the conveyance as the commissioner deems reasonable. Such terms and conditions may include, but not be limited to, the number of appraisals required, the time, place, and terms of the conveyance.
3. The attorney general shall approve as to form the instrument of conveyance.
Section 6. 1. The governor is hereby authorized and empowered to sell, transfer, grant, convey, remise, release and forever quitclaim all interest of the state of Missouri in a tract of land located at the Missouri National Guard Military Vehicle Compound in Sedalia, Pettis County, Missouri, to the City of Sedalia described as follows:
Commencing at the Southeast corner of the Southwest Quarter of Section 5, Township 45 North, Range 21 West of the Fifth Principal Meridian, Pettis County, Missouri; Thence N 86°29'52"W along the South line of said Southwest Quarter, 939 feet to the point of beginning of the parcel conveyed to the State of Missouri in Volume 289 at Page 242 in the Pettis County Recorder's Office, and as shown on a survey in Plat Cabinet B at Page 775 to the point of beginning; thence continuing N 86°29'52"W along said South line, 323 feet to the Easterly Right of Way of the Missouri Pacific Railroad Company described in Volume 140 at page 298, and as shown on said survey in Plat Cabinet B at Page 775; Thence N 2°24'46"E along said Right of Way, 387.32 feet; Thence S 87°36'42"E, 323 feet to the East line of said Volume 289 at Page 242; Thence S 2°24'41"W along said East line, 393.60 feet to the point of beginning, containing 2.9 acres, more or less, reserving to the State of Missouri ingress and egress to the North 2.1 acres more or less of the parcel described in Volume 289 at Page 242.
Excepting therefrom the Right of Way for Highway Y as shown on said survey in Plat Cabinet B at Page 775, and the Missouri Department of Transportation plans for State Highway Y.
2. The commissioner of administration shall set the terms and conditions for the conveyance as the commissioner deems reasonable. Such terms and conditions may include, but not be limited to, the number of appraisals required, the time, place, and terms of the conveyance.
3. The attorney general shall approve as to form the instrument of conveyance.
Section 7. 1. The governor is hereby authorized and empowered to sell, transfer, grant, convey, remise, release and forever quitclaim all interest of the state of Missouri in a tract of land located at the Department of Mental Health, Northwest Habilitation Center, 11 Brady Circle, St. Louis County, described as follows:
Part of Lot 4 of MAGDALENA LINK FARM SUBDIVISION in Section 25, Township 46 North, Range 5 East, according to plat thereof recorded in Book 468 page 1 of the St. Louis City (former County) records and described as follows:
Beginning at an old stone set at the northeasterly corner of Lot 4 of said Subdivision; thence South 49 degrees 31 minutes 00 seconds West along the northwesterly line of Lot 10 of Midland Ridge (Plat Book 112, page 96) and Lot 1 of Midland Place (Plat Book 180, page 98) a distance of 430.36 feet to a point on the northerly right-of-way line of Midland Boulevard (100 feet wide) said point bearing South 49 degrees 31 minutes 00 seconds West a distance of 0.34 feet from an old iron pipe; thence North 60 degrees 43 minutes 54 seconds West along the northerly right-of-way line of Midland Boulevard (100 feet wide) a distance of 436.44 feet to a point of curve; thence along said northerly right-of-way line on a curve to the right having a radius of 1860.10 feet, through a central angle of 13 degrees 31 minutes 15 seconds, an arc distance of 438.95 feet to a point on the Southeasterly right-of-way line of Link Road (original width of 30 feet); thence North 40 degrees 08 minutes 32 seconds East along said Southeasterly right-of-way line a distance of 586.02 feet to an old iron axle (marking the location of a disturbed old stone which bears South 41 degrees 03 minutes East, a distance of 0.98 feet; thence South 46 degrees 56 minutes 28 seconds East along the Southwesterly line of Lots 7, 8 and 9 of Van Cleve Terrace (Plat Book 63, page 31) a distance of 936.73 feet to the point of beginning, according to a boundary survey made by EA, Inc. during September, 1981.
2. The commissioner of administration shall set the terms and conditions for the conveyance as the commissioner deems reasonable. Such terms and conditions may include, but not be limited to, the number of appraisals required, the time, place, and terms of the conveyance.
3. The attorney general shall approve as to form the instrument of conveyance.
Section 8. 1. The governor is hereby authorized and empowered to sell, transfer, grant, convey, remise, release and forever quitclaim all interest of the state of Missouri in a tract of land located at the City of Macon, Macon County, to the State Highways and Transportation Commission described as follows:
Tract 1
All of lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21), Twenty-two (22), and Twenty-three (23) of Block Four (4) of the Kenwood Addition to the City of Macon, Missouri, except that part heretofore conveyed to the State of Missouri for use of the State Highway Commission of Missouri, as right-of-way, and more fully described as follows:
Beginning at a point on the center line of Maple Street 25 feet west of and 22.5 feet south of the southeast corner of said Block Four (4), thence west along the center line of said Maple Street for a distance of 98.1 feet to a point on the north right-of-way line of Route US 63, thence north 71° 46' West along the said right-of-way line for a distance of 174.5 feet to the P.C. of a curve to the right having a radius of 491.7 feet, thence in a northwesterly direction around the above described curve for a distance of 68.9 feet to the point of intersection of the said right-of-way line and the center line of Madison Street, thence north along the center line of said Madison Street for a distance of 270.7 feet to a point on the center line of Chestnut Street, thence east along the center line of said Chestnut Street for a distance of 343.7 feet to a point, thence south along the east line of said Block Four (4) for a distance of 213.2 feet to the northeast corner of lot Seventeen (17) of said Block Four (4), thence west along the north line of said lot Seventeen (17) for a distance of 25 feet to the northwest corner of said lot Seventeen (17), thence south along the west line of said lot Seventeen (17) for a distance of 147.5 feet to the point of beginning, and containing in all 2.39 acres, more or less.
Tract 2
Lying in Lot Six (6) of Block One (1), of the Kenwood Addition to the City of Macon, Missouri and described as follows:
Beginning at a point 22.5 feet North of and 30 feet East of the Northeast Corner of said Block One (1), thence West along the Center Line of McKay Street for a distance of 137 feet to a point on the East right-of-way line of U.S. Route 63, thence in a Southeasterly direction along the said right-of-way line for a distance of 153 feet to the South Line of said Lot Six (6), thence East along said South Line of said Lot Six (6) for a distance of 22 feet to a point on the Center Line of Madison Street, thence North along the Center Line of said Madison Street for a distance of 87.2 feet to the point of beginning, and containing 0.13 acres, more or less.
Tract 3
All that part of Lots 1 and 2 lying East of Federal Highway #63 and all of Lots 9 and 10, all in Block 2 of Kenwood Addition to the town of Macon, Missouri and more specifically described as follows:
Beginning at a point 22-1/2 feet South of and 30 feet East of the Southeast Corner of said Block 2 of Kenwood Addition to the town of Macon, Missouri, thence North for a distance of 140.5 feet to a point, thence West for a distance of 227.5 feet to a point on the East right-of-way line of Federal Highway #63, thence in a Southeasterly direction along the said East right-of-way line of said Federal Highway #63 for a distance of 172 feet to a point, thence East for a distance of 131.8 feet to the point of beginning, and containing 0.6 acres, more or less.
2. The commissioner of administration shall set the terms and conditions for the conveyance as the commissioner deems reasonable. Such terms and conditions may include, but not be limited to, the number of appraisals required, the time, place, and terms of the conveyance.
3. The attorney general shall approve as to form the instrument of conveyance.
Section 9. 1. The governor is hereby authorized and empowered to sell, transfer, grant, convey, remise, release all interest of the state of Missouri in an easement located near the Choteau State Owned Office Building, in the City of St. Louis, described as follows:
Ingress/Egress Easement Vacation
Book 1696M, Page 2270
A tract of land being part of Lots 2 and 4 of Chouteau-Compton Subdivision No. 3, a subdivision according to the plat thereof as recorded in Plat Book 12242003, Page 132 of the City of St. Louis Records, being more particularly described as follows:
Beginning at the southeastern corner of above said Lot 4, said point also being the southwestern corner of Lot 2, said point also being located on the northern right-of-way line of Chouteau Avenue, 80 feet wide; thence along said right-of-way line, North 75 degrees 00 minutes 00 seconds West, 25.32 feet to the western line of an Ingress/Egress Easement as established by instrument recorded in Book 1696M, Page 2270; thence departing last said right-of-way line along said western line the following courses and distances: North 15 degrees 32 minutes 58 seconds East, 78.61 feet to a point on a non-tangent curve to the right having a radius of 75.51 feet; along said curve with an arc length of 47.00 feet, and a chord which bears North 44 degrees 16 minutes 16 seconds East, 46.24 feet; North 59 degrees 59 minutes 10 seconds East, 53.47 feet to a point on a non-tangent curve to the left having a radius of 81.83 feet; thence along said curve with an arc length of 57.03 feet, and a chord which bears North 36 degrees 21 minutes 43 seconds East, 55.88 feet to a point of tangency and North 16 degrees 23 minutes 52 seconds East, 21.30 feet to the northern line of above said Lot 4; thence along said north line South 75 degrees 00 minutes 00 seconds East, 12.52 feet to the northeastern corner of above said Lot 4, said point also being the northwestern corner of above said Lot 2; thence along the northern line of said Lot 2, South 75 degrees 00 minutes 00 seconds East, 11.21 feet to the northeastern corner of above said Ingress/Egress Easement; thence along the eastern line of said Ingress/Egress Easement the following courses and distances: South 14 degrees 42 minutes 17 seconds West, 25.31 feet to a point on a non-tangent curve to the right having a radius of 80.19 feet; along said curve with an arc length of 66.36 feet, and a chord which bears South 36 degrees 23 minutes 48 seconds West, 64.48 feet; South 60 degrees 06 minutes 17 seconds West, 45.35 feet to a point on a non-tangent curve to the left having a radius of 63.36 feet; along said curve with an arc length of 42.86 feet, and a chord which bears South 34 degrees 36 minutes 23 seconds West, 42.05 feet to a point of tangency and South 15 degrees 13 minutes 43 seconds West, 73.14 feet to the northern right-of-way line of above said Chouteau Avenue; thence along said northern right-of-way line, North 75 degrees 00 minutes 00 seconds West, 10.53 feet to the Point of Beginning and containing 7,348 square feet or 0.168 acres more or less according to calculations performed by Stock and Associates Consulting Engineers, Inc on March 15, 2012.
2. The commissioner of administration shall set the terms and conditions for the conveyance as the commissioner deems reasonable. Such terms and conditions may include, but not be limited to, the number of appraisals required, the time, place, and terms of the conveyance.
3. The attorney general shall approve as to form the instrument of conveyance.
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