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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter : Chapter 257 Water Conservancy Districts
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Unless the context requires otherwise, as used in this chapter
the following terms mean:
(1) "Court", the circuit court wherein the petition for the organization
of the district was filed and granted;
(2) "Person", person, firm, copartnership, association or corporation;
(3) "Public corporation", counties, townships, cities, towns, villages,
all special districts, and all other governmental agencies;
(4) "River":
(a) The main stream and its tributaries of a primary drainage basin;
(b) The main stream and its tributaries of a secondary drainage basin;
(c) The principal stream of a tributary drainage area and its tributaries;
(d) The stream or streams of an unnamed drainage area, the specific
delineation of which is otherwise provided for herein;
(5) "River basin":
(a) A primary drainage basin; and including all of the area of a primary
drainage basin above the point where the main stream of such basin flows
out of the state of Missouri;
(b) A secondary drainage basin;
(c) A tributary drainage area, the principal stream of which drains
directly into the main stream of a primary or secondary drainage basin; or
(d) The unnamed drainage areas not within any primary drainage basin and
including those areas which border and drain directly into the
Mississippi, Missouri, or Des Moines Rivers; all such basins and areas,
and the streams thereof, being those delineated on the Missouri Bureau of
Geology and Mines Drainage Map of 1927 as prepared and drawn under
authorization of Laws of Missouri, 1921, page 88, and which drainage map
was accordingly made of record in the bureau's biennial report of the
state geologist transmitted to the 54th general assembly in 1927. Such
delineation of basins and areas shall be understood to define their
general locations and names, if any, and to be not definitive of their
exact boundaries. (L. 1959 S.B. 199 § 1, A.L. 1978 H.B. 971)
1. Jurisdiction over proceedings for the organization of a river
basin conservancy district lies with the circuit court of the county in
which more of the lands of the proposed district are situated than in any
other county. The court in which the proceedings are initiated shall
thereafter, for all purposes of this chapter, except as hereinafter
otherwise provided, maintain and have exclusive original jurisdiction
coextensive with the boundaries and limits of the district and of lands
and other property within or affected by the district, without regard to
the usual limits of jurisdiction of the court.
2. No change of venue shall be allowed in any proceedings by and under
the court as provided in this chapter except in condemnation cases and
except where the judge of the court shall be disqualified under the laws
of this state relating to the change of venue in civil cases. In such
situation the following shall apply:
(1) If the judge of the court is disqualified, or is charged, by a party
of interest to any proceedings, with being disqualified, the judge shall
take action under the change of venue law for civil cases to secure a
judge from another judicial circuit of this state to sit, hear the
proceedings, and render a decision in the same manner as the regular
judge has authority to do. The judge secured from another judicial
circuit shall retain jurisdiction until the disqualification of the
regular judge of the court is removed.
(2) The expenses of the judge secured from another judicial circuit shall
be paid in such amount and manner as provided by the laws of the state
relating to circuit courts. (L. 1959 S.B. 199 § 3)
1. To initiate proceedings for establishing a river basin
conservancy district, a petition shall be filed in the office of the
clerk of the court, the petitioners to be residents, and may be public
corporations, of a county which is within or partly within the river
basin generally described and proposed to be organized into a district,
their signatures to be required as follows:
(1) In the case of a district proposed for a river basin lying within or
partly within more than two counties, the petition shall be signed by one
hundred or more petitioners in each of a majority of such counties;
(2) In the case of a district proposed for a river basin lying within or
partly within two counties, the petition shall be signed by fifty or more
petitioners in each county;
(3) In the case of a district proposed for a river basin lying wholly
within one county the petition shall be signed by twenty-five or more
petitioners in such county.
2. In the case of a public corporation as a petitioner, the petition
shall be signed by the appropriate person or persons after due and proper
action by the governing body of such public corporation.
3. The petition shall set forth:
(1) The name of the proposed district, the first word of the title being
the name of the river followed by the words "Conservancy District"; or,
in the event of the proposed district being a river basin constituting an
unnamed area as described in this chapter, the name of the river to be
used shall be the name of the principal stream or one of the principal
streams within the proposed district;
(2) That the creation of a district for the area described will be
conducive to the public health, safety, convenience or general welfare,
or for public use or benefit; and may set forth any other pertinent
purpose and condition as conform to the provisions of this chapter;
(3) A general description of the territory to be included in the proposed
district, which territory shall be a primary drainage basin, a secondary
drainage basin, a tributary drainage area, or an unnamed drainage area,
as defined in this chapter;
(4) That the owners of real estate and other property whose names are
subscribed to the petition are willing to and do obligate themselves, in
the manner hereinafter provided for, to pay the expense of the
proceedings, whether the proposed district is organized or the
proceedings dismissed;
(5) A prayer for an order by the court declaring the petition and its
purpose to be worthy and valid, and further ordering a referendum as such
is provided for in this chapter.
4. Several similar petitions or duplicate copies of the same petition for
the organization of the same district may be filed and shall together be
regarded as one petition. All petitions filed prior to the hearing on the
petition shall be considered by the court the same as though filed with
the first petition placed on file. The court may at any time permit the
petition to be amended in form and substance to conform to the facts. In
determining when a requisite number of freeholders have signed the
petition, the court shall be governed by the names as they appear upon
the tax records, which shall be prima facie evidence of ownership. (L.
1959 S.B. 199 § 4, A.L. 1990 H.B. 1070)
At the time of filing the petition, or at any time subsequent
thereto and prior to the time of publication of notice of the hearing
thereon, a bond shall be filed, with security approved by the court,
sufficient to pay the expenses connected with the proceeding prior to a
formal decree of the court establishing the district. If at any time
during the proceedings the court is satisfied that the bond first
executed is insufficient in amount, it may require the execution of an
additional bond within a time to be fixed, to be not less than ten days,
and upon failure of the petitioners to execute the same, the petition
shall be dismissed. (L. 1959 S.B. 199 § 5)
When the petition proposes the organization of a district for a
river basin which is a secondary drainage basin, a tributary drainage
area, or an unnamed drainage area, the court shall proceed as follows:
Request an official recommendation from the state agency officially
designated by the governor to review plans of a river basin conservancy
district as hereinafter provided, which agency shall approve or
disapprove, or recommend changes with respect to, the extent and purpose
of the proposed district as described in the petition, shall include in
its recommendation the most properly descriptive name for the proposed
district, and shall forward the recommendation to the court within thirty
days after receiving the request from the court. (L. 1959 S.B. 199 § 6)
1. If the court finds the petition worthy it shall appoint a
surveyor to determine the boundaries of the river basin and such other
related boundaries that the court deems necessary for the proper
establishment of the proposed district as provided in this chapter. The
surveyor so appointed shall make a report in writing, accompanied by a
map of the proposed district upon which the required boundaries shall be
clearly delineated. The report and map shall be filed with the clerk of
the court and shall thereafter be taken and considered as a part of the
original petition on file in the case.
2. Immediately after the filing of the surveyor's report and map, the
clerk of the court shall cause notice by publication to be made of the
pendency of the petition and of the time and place of the hearing thereon
as fixed by the court. The notice by publication shall be made in each
county which, in all or part, is within or appears to be within the
proposed district. The notice shall refer all persons and public
corporations concerned in the proceeding to the report and map of the
proposed district for the lines bounding the property proposed to be
included within the district.
3. Any owner of property in the proposed district who individually may
not have signed a petition or who has finally withdrawn his name
therefrom in writing and in open court, and who wishes to object to the
organization of the district shall, on or before the date set for the
cause to be heard, file his objections in writing why the district should
not be organized. The objections shall be heard by the court as an
advanced case without unnecessary delay.
4. If, at any time after the surveyor's report and map are filed and
before the hearing is concluded, the court finds a deficiency in the
number of required petitioners from any county within or partly within
the proposed district, it shall allow the petitioners to correct such
deficiency.
5. Upon the hearing
(1) If it appears that the purpose of this chapter would be subserved by
the creation of a river basin conservancy district, the court shall,
after disposing of all questions and objections as justice and equity
require, including changes or adjustments in the proposed boundary of the
district, adjudicate all questions of jurisdiction, declare the district
organized for the purposes of a referendum, give it a name by which it
shall thereafter be known, and issue the necessary orders for a
referendum and first board election as provided for herein.
(2) If the court finds the jurisdiction to be in another county and
another court, the proceedings shall be transferred forthwith by the
court to the proper jurisdiction and shall progress as though initiated
originally in the new jurisdiction. Upon such an order of transfer the
transferring court shall cause notice by publication to be made of the
order.
6. If the court finds that the area described in the petition should not
be organized as a district, it shall dismiss the proceedings and adjudge
the costs against the signers of the petition.
7. Any party to the proceeding may within the term of court during which
the petition was dismissed or granted, or within twenty days after the
dismissal or grant of the petition, appeal from an order refusing to
organize or organizing the district, to the supreme court of the state,
upon giving bond in a sum sufficient to secure the costs of the appeal,
whereupon the supreme court shall give the appeal priority on its docket.
(L. 1959 S.B. 199 § 7)
1. Upon entering the order organizing the district, the court
shall establish an election district commission composed of the county
clerks of the several counties or parts thereof included within the river
basin district, or where in any such county there is a board of election
commissioners a member of the board shall be appointed. In the
appointment the court shall designate a chairman and a secretary of the
commission from its membership.
2. The election district commission, within thirty days after its
appointment, shall apportion the river basin district into six election
districts on the basis of the river basin area described in the court's
order and the surveyor's map thereof, which election districts shall be
as nearly equal in population as possible, with the boundaries of each of
the six election districts to follow existing township, precinct or other
election district lines except in the case of the outer boundaries of the
river basin district where the boundaries may necessarily cut across the
existing lines.
3. When the election district commission has so divided a river basin
district it shall report the action to the court. The court shall review
the report and approve it or ask for corrections or changes. When the
report is finally approved by the court, the court shall thereupon
designate each election district by number, from one to six.
4. The further duties of the election commission shall be:
(1) To advise the court, or the river basin conservancy district board
when it is organized, of matters pertaining to elections, and election
areas and boundaries.
(2) To supervise and conduct the first election of trustees, by and under
order of the court.
(3) To redistrict the election districts of the river basin conservancy
district, when so requested by the river basin conservancy district
board, in a manner similar to the initial establishment of election
districts provided for herein.
5. Prior to the establishment of the river basin conservancy district
board and receipt of sufficient tax moneys by it, travel and necessary
expenses of the election district commission shall be paid by the county
commissions of the counties within or partially within the river basin
district on a pro rata basis relating to the proportion of each county's
lands to the whole area of the river basin district; but such expenses
shall be included in the costs of the court proceedings if the voters do
not approve establishment of the district, and shall be repaid to the
respective counties accordingly. In event of establishment of the
district such expenses shall be repaid by the district board to the
respective counties out of the first funds received from annual levies.
Thereafter the expenses of the commission shall be paid directly to it by
the district board. Authority for incurring expenses by the commission
shall originate in an order of the court or the board, as the situation
requires.
6. Changes in the personnel and offices of the commission, for any
reason, shall be effected by the court, and the district board after it
is organized, in a like manner as appointments made in the initial
establishment of the commission. After the district is established, the
board secretary shall serve as secretary of the commission.
7. The duty performed by the court with respect to the election
commission, election districts and areas, as provided herein, shall be
for purposes of properly establishing a river basin conservancy district
and its board, and shall not thereafter be a further duty of the court,
but shall vest in the district board as an administrative responsibility.
(L. 1959 S.B. 199 § 8)
1. Upon designation of the election districts the court shall
call for the referendum and board election accordingly.
2. The call for the referendum and first board election shall specify
also at least the following:
(1) The purpose of the district as organized by the court;
(2) The general area of the district;
(3) The qualification of voters;
(4) The vote required for passage of the referendum;
(5) The basis of representation provided herein for the election of
trustees, and the filing time for candidates for the board of trustees.
(L. 1959 S.B. 199 § 9, A.L. 1978 H.B. 971)
The question shall be submitted in substantially the following
form:
Shall a.... Conservancy District be established? (L. 1959 S.B. 199 § 10,
A.L. 1978 H.B. 971)
A majority vote of those voting in the referendum shall
constitute approval of establishment of the district. (L. 1959 S.B. 199 §
11, A.L. 1978 H.B. 971)
Upon a vote approving the establishment of the district, the
court shall order payment of the official costs of the proceedings,
including the costs of election. The costs shall be paid out of the
contingent funds of the county in which the petition is pending, if the
county commission of that county has been a petitioner, otherwise the
costs shall be defrayed from sums donated or advanced by the petitioners.
In case the district is established, any costs advanced shall be repaid
to the county or petitioners out of the first funds received from annual
levies as provided for such purpose in this chapter. If the district is
not organized or established, then the cost shall be collected from the
county treasurer on voucher of the county commission, the petitioners or
their bondsmen. (L. 1959 S.B. 199 § 12)
Upon payment of the costs, a vote approving the establishment of
the district, and qualification of the trustees, the district shall be
established as a public corporation and political subdivision of the
state of Missouri, shall have perpetual existence except as otherwise
provided in this chapter, and may do and perform all acts herein
expressly authorized and all other acts necessary and proper for the
carrying out of the purposes for which the district was created and for
executing the powers with which it is invested. The court shall issue an
order and decree accordingly. (L. 1959 S.B. 199 § 13)
Whenever an order is entered establishing the district, the
order shall finally and conclusively establish the regular organization
and establishment of the district against all persons except the state of
Missouri upon suit commenced by the attorney general within three months
after the decree declaring the district established. The organization and
establishment of the district shall not be directly or collaterally
questioned in any suit, action or proceeding except as herein expressly
authorized. This provision is understood not to apply to an election
contest of the referendum, first board election, or any other election
provided for in this chapter. (L. 1959 S.B. 199 § 14, A.L. 1978 H.B. 971)
Within thirty days after the district has been declared a
corporation by the court, the clerk of the court shall take the following
action:
(1) Transmit to the secretary of state copies of the findings and decree,
the same to be filed and recorded in the office of the secretary of state
in the same manner as articles of incorporation are now required to be
filed and recorded under the general law concerning corporations. The
secretary of state shall receive for filing and recording the copies such
fees as now are or hereafter may be provided by law for like services in
similar cases.
(2) Transmit to the county recorder of deeds in each of the counties
having lands in the district, copies of the findings, decree, and
surveyor's map of the district, the same to be filed in the office of the
county recorder of deeds, where they shall become permanent records. The
recorder of deeds in each county shall receive a fee of five dollars for
filing and preserving the same.
(3) Transmit to the state agency designated by the governor to review
plans of conservancy districts copies of the findings, decree, and
surveyor's map of the district. (L. 1959 S.B. 199 § 15)
1. The time for election of trustees of the board of the
conservancy district shall be on primary election days, except as
provided herein for the first board election.
2. There shall be eight trustees selected to constitute the board of the
conservancy district. They shall be selected as follows:
(1) Six shall be elected, each to represent one of the six election
districts of the conservancy district and to be elected by voters within
his election district.
(2) Within sixty days after the first board election or succeeding
elections for trustees, as the case might be, the governor, by and with
the advice and consent of the senate, shall appoint one trustee to
represent election districts one, two and three, one trustee to represent
election districts four, five and six.
(3) Trustees elected or appointed to the first board from election
districts one, two and three shall hold office until the next primary
election. Trustees from election districts four, five and six shall hold
office until the second biennial primary election after their selection
as members of the first board of trustees. Thereafter the terms of office
of all eight trustees are for four years, election or appointment as
provided herein to occur at the time of each primary election at which
the respective previous terms of office expire.
(4) Candidates for election to the board of trustees shall be citizens of
the United States, voters within their respective election districts for
one year next preceding the election, and at least thirty years of age.
In addition to possessing such qualifications, trustees appointed by the
governor shall have previously demonstrated a broad knowledge and
interest in the fields of natural resources, agriculture, forestry, or
business and industry, and shall, wherever possible, come from a
different area within their respective election districts from that of
the elected trustees.
3. Notwithstanding any other provisions herein to the contrary, trustees
whose terms of office expire shall hold office until their successors are
elected or appointed, as the case may be, and until such successors are
qualified.
4. In event of the vacancy of the office of any trustee, for whatever
reason, before expiration of the term for the office, the following
procedure shall govern:
(1) In the case of an elected trustee or a court appointed trustee, the
court shall appoint a qualified person to serve until the next election,
at which time there shall be elected a trustee to fill the unexpired
term, if any, in the manner provided for the regular election of trustees.
(2) In the case of a trustee appointed by the governor, the governor
shall appoint a qualified person to serve until the next election, at
which time the unexpired term, if any, shall be filled by appointment
following the election as herein provided for. A qualified person for
vacancy appointments shall be the same as provided in the case of
appointments by the governor as otherwise provided in this chapter.
5. (1) Any elected trustee, or any other officer of any district, not a
trustee, may be removed for cause after a hearing upon a motion filed in
the original case in which the district was organized.
(2) Any court appointed trustee may be removed by the court.
(3) Any trustee appointed by the governor may be removed by the governor.
(L. 1959 S.B. 199 § 16, A.L. 1978 H.B. 971)
1. Candidates for election to the board of trustees shall file
their declarations of candidacy with the secretary of the board of
trustees or in the case of the first election, the filing shall be in
like manner with the secretary of the election authority. The declaration
of candidacy shall set forth the candidate's qualifications as provided
herein.
2. The ballots shall not designate the candidates' parties.
3. At least a majority of the then qualified members of the board of
trustees or of the election district commission, as the case might be,
shall jointly tabulate the results received and shall certify the
candidates receiving the greatest number of votes for the respective
terms of office and until their successors have been elected and
qualified. In the case of the election district commission executing its
duties hereunder, the secretary thereof shall forthwith send to the
court, by registered mail, one complete copy of all returns. (L. 1959
S.B. 199 § 17, A.L. 1978 H.B. 971)
1. Each trustee, before entering upon his official duties, shall
take and subscribe to an oath before a suitable officer that he will
honestly, faithfully and impartially perform the duties of his office,
and that he will not be interested directly or indirectly in any contract
let by the district, which oath shall be filed in the office of the clerk
of the court in the original case.
2. The board of trustees shall choose one of their number president of
the board, and shall elect some suitable person secretary, who may be a
member of the board or a paid employee.
3. The board shall adopt a seal, and shall keep a record of all its
proceedings, minutes of all meetings, certificates, contracts, bonds
given by employees and all corporate acts, which shall be open to the
inspection of all interested parties.
4. The trustees shall hold their meetings at such place and times as they
may designate within the district. A majority of the trustees shall
constitute a quorum, and a concurrence of a majority of those present in
any matter within their duties shall be sufficient for its determination.
(L. 1959 S.B. 199 § 18)
1. The secretary shall be the custodian of the records of the
district and of its corporate seal and shall assist the board in such
particulars as it may direct in the performance of its duties. The
secretary shall serve also as treasurer of the district, unless a
treasurer is otherwise provided for by the board. The board shall also
employ or retain a registered, professional engineer as chief engineer,
and such other agents and persons as are needful; and may provide for
their compensation, which, with all other necessary expenditures, shall
be taken as a part of the cost of administration, of various improvements
or facilities or the cost of maintaining or operating same. The chief
engineer shall be superintendent of all the works, improvements and
facilities, and shall make a full report to the board each year, or
oftener if required, and may make such suggestions and recommendations to
the board as he deems proper. Such authority in the chief engineer shall
not exclude the board from delegating the authority to an acting chief
engineer, who is also a registered, professional engineer, when the chief
engineer is not able or present to assume his duties. Neither shall the
board be excluded from the assignment of administrative and business
responsibilities to other personnel.
2. The board shall require and pay for an adequate bond for the
secretary-treasurer, or secretary and treasurer, and such other employees
whose duties may require the bond.
3. The members of the board shall receive, for attending to the business
for and on behalf of the district, actual travel expenses; and shall
further receive not to exceed fifteen dollars per day for each day that
the board sits in meeting.
4. A certified public accountant shall audit the books of the district at
the end of each fiscal year and report thereof to the board which shall,
by publication, issue the statement within thirty days thereafter. (L.
1959 S.B. 199 § 19)
1. In order to accomplish the purposes of the conservancy
district, the board of trustees may:
(1) Sue and be sued by its corporate name.
(2) Clean out, straighten, widen, alter, deepen or change the course or
terminus of any ditch, drain, sewer, river, watercourse, pond, lake,
creek or natural stream within the district; fill up any abandoned or
altered watercourse; concentrate, divert or divide the flow of water
within said district.
(3) Purchase, acquire, hold, sell, convey, encumber, lease, control, or
use such land and personal property as may, by the board of trustees, be
deemed necessary or convenient to enable it to properly carry out the
purpose for which organized.
(4) Construct or contract for the construction of, and operate, maintain,
preserve or supervise, engineering works and other works, improvements
and facilities.
(5) Remove or change the location of any building, facility or structures
which interfere with such improvements within the district.
(6) Acquire any easement, riparian or other right, or cemetery within the
district for right-of-way, holding basin or for any necessary purpose.
(7) Replat or subdivide land, open new roads, streets and alleys, or
change the course of an existing one.
(8) Charge fees consistent with the purposes and services of the district.
(9) Levy taxes, issue bonds and incur indebtedness within the limitations
prescribed by this chapter.
(10) Enter into contracts or other arrangements with the United States
government or any part thereof, with the state government or any part
thereof, with public corporations of this state or another, or with
persons, for cooperation, financial aid or other assistance in
constructing, maintaining, using and operating the works or facilities of
the district or the waters thereof, or in any other way in furthering the
purposes of the district under this chapter; and jointly or severally may
purchase, lease or acquire land or other property in order to accomplish
the purposes of this chapter or further the interests of the district.
(11) Select a residence of home office for the district, which shall be
at a place designated by the board of trustees.
2. The objects and powers enumerated in this chapter shall not be
construed to exclude other objects and powers necessary to effectuate the
general purposes of the district, but there shall be excluded from such
purposes, objects and powers the construction, operation or holding by
the district of permanent structures for lodging, and the ownership or
holding by the district of land for such a use, excepting such
residential accommodations as may be necessary for personnel concerned
with the operation and maintenance of the works, improvements,
facilities, and other property of the district. (L. 1959 S.B. 199 § 20)
The board of trustees of a district, or their employees or
agents, including contractors and their employees, may enter upon lands
or premises within or without the district in order to make surveys and
examinations to accomplish the necessary purposes of the district, or to
have access to the work, being liable, however, for actual damage done,
but no unnecessary damage shall be done. Any person preventing such
entrance is guilty of misdemeanor, punishable by fine not exceeding fifty
dollars. (L. 1959 S.B. 199 § 21)
The board may condemn for the use of the district, any land or
property within the district not previously acquired or condemned by
order or judgment of the court, according to the procedure provided by
law for the appropriation of land or other property as provided in
chapter 523, RSMo, for the condemnation of property for public use,
except that:
(1) The original jurisdiction for such condemnation shall rest in the
court as such court is defined in this chapter, and
(2) Any provisions of chapter 523, RSMo, which conflict with the
provisions of this chapter do not apply herein. Whenever the constitution
of the state permits, the board shall have the right to exercise the
power of excess condemnation on such property as the court decrees as
reasonable and desirable for the district to acquire. (L. 1959 S.B. 199 §
22)
Whenever it is necessary for the purposes of a district to take
or damage any cemetery, the district shall appraise the cost of such
taking or easement in the same manner as appraisals are made for other
property. The board of trustees in the case of the removal of a cemetery
may agree for such removal with the persons or authorities owning or
controlling the cemetery; and in case of agreement, the board of trustees
may purchase the necessary land, and remove or contract for the removal
of those buried, together with all monuments. They may also contract for
an easement therein if removal is not desired. In case condemnation
proceedings are necessary, they shall be instituted and conducted under
the provisions therefor in this chapter. Compensation granted for taking
any cemetery shall include the cost of removal of those buried and their
monuments. (L. 1959 S.B. 199 § 23)
1. In order to secure the best results from the execution and
operation of the plans and facilities of the district, the board of
trustees, after due publication and public hearings, and subject to
appeal to and decree of the court, shall make regulations for the
administration of the district and for the adjustment, connection or
coordination of watercourses or works, facilities or operations to or
with the waters, improvements, works, operations or facilities of the
district.
2. The construction or operation of any works or facilities harmful to
the district and contrary to regulations adopted or approved by the board
of trustees is deemed a misdemeanor, punishable by a fine of not more
than one thousand dollars for each offense.
3. The board of trustees may enforce by mandamus or otherwise all
necessary regulations made by them in accordance with this chapter and
may remove any harmful construction or may close any operation improperly
done and they may bring such suits in mandamus in the court of appeals in
the first instance, if deemed advisable by them.
4. Any public corporation or person willfully failing to comply with the
regulations is liable for damage caused by such failure, and for the cost
of renewing any construction damaged or destroyed. (L. 1959 S.B. 199 § 24)
Whenever the board of trustees lets contracts for necessary
works or concessions, it shall be governed as follows:
(1) Contracts let for necessary works may be either as a whole or in
parts, except that for works costing over five thousand dollars the board
shall advertise and award same by open competitive letting and public
contract as hereinafter provided:
(a) Advertisements calling for bids shall be published, once a week for
three consecutive weeks, completed on date of last publication, in at
least one newspaper of general circulation within the district.
(b) The board may let the contract to the lowest or best bidder having
adequate experience, skill, plant equipment and responsibility and who
shall give a good bond and sufficient bond, with a reputable surety
company as security conditioned on the carrying out of the contract.
(c) Contracts shall be in writing and shall be accompanied by or shall
refer to plans or specifications for the work to be done, or materials,
services or equipment to be furnished. All contracts shall be approved by
the board of trustees and signed by a designated officer-trustee of the
board and by the contractor, and shall be executed in duplicate.
(d) In case of a sudden emergency when it is necessary in the opinion of
the board, in order to protect life or property within the district, the
advertising of the contracts may be waived upon the consent of a majority
of the board of trustees.
(2) Concessions may be granted or leased on, along, or between properties
of the district for businesses serving people using the resources or
facilities of the district, for definite periods, whenever the board
deems it for the best interest and general welfare of the district. All
sums so collected shall be placed in the general fund. No concession or
privilege shall be granted or leased without public notice and
competitive bidding therefor submitted in writing and accepted by the
board of trustees, all in the same manner as provided in this section for
contracts for necessary works. (L. 1959 S.B. 199 § 25)
Assignments, leases or permissions by the board of trustees for
periods of greater than twenty years, shall have the rates therefor
reappraised or redetermined by the board every twenty years. (L. 1959
S.B. 199 § 26)
The board of trustees may appoint and maintain from time to time
such lifeguards or other guards as it may find necessary to patrol the
waters and protect the property of the district and enforce regulations
of the board. The guards shall have and exercise like police powers to
those conferred upon the police of cities. (L. 1959 S.B. 199 § 27)
1. The board may at any time prevent persons, vessels or
vehicles from using, passing over or through such property, works, or
facilities of the district in any manner which would result in damage
thereto.
2. All persons and public corporations shall be liable for damage done to
such domain of the district by themselves, their agents, or their
employees.
3. All persons guilty of willful damage are guilty of a misdemeanor, and
are punishable by a fine not to exceed five hundred dollars and costs,
and shall be liable for all damages and costs.
4. The board of trustees shall have authority to repair such damage at
the expense of the person or public corporation committing it.
5. Nothing herein shall be construed to abolish the rights of the
citizens of any political subdivision to decide by local option as
provided by law the question as to whether livestock shall be permitted
to run at large. (L. 1959 S.B. 199 § 28)
1. After its organization the board shall proceed without delay,
and from time to time as needed, to prepare or cause to be prepared broad
general plans, or detailed parts thereof, for the purposes for which the
district was created. The plans shall include such maps, profiles, plans,
specifications and other data and descriptions as are necessary to set
forth properly the location and character of the work, with estimates of
cost and specifications for doing such work and maintaining or operating
same. Whenever the chief engineer shall make a report recommending such a
plan, the board of trustees shall adopt the report or any modification
thereof approved by the engineer. The adopted report shall be numbered by
the board and shall thereafter be known and designated as "Preliminary
Plan No. ....", which plan shall be filed with the secretary of the board
and made a part of the records of the district.
2. Upon adoption of a preliminary plan it shall be transmitted forthwith
to the appropriate state agency for review. Such state agency shall be
officially designated by the governor as having the responsibility for
review of conservancy district plans, and shall be that one in the
government of the state mostly responsible for or concerned with matters
relating to the purposes of this chapter. Ninety days after receipt of
the preliminary plan the official agency shall certify the plan back to
the district board with its approval or recommended changes, which will
constitute a completed plan. (L. 1959 S.B. 199 § 29)
1. When the preliminary plan is completed by the designated
state agency, the board shall cause notice by publication to be given in
each county of the district, of the completion of the plan, and shall
permit the inspection thereof at their office or at a convenient location
in each county by all persons interested. The notice shall fix the time
and place for the hearing of all objections to the plan not less than
twenty days nor more than thirty days after the last publication of the
notice.
2. All objections to the plan shall be in writing and filed with the
secretary of the board at his office or at the place of hearing within
ten days after the last publication of the notice.
3. After the hearing before the board of trustees, the board shall adopt
the plan, or such modification thereof as the board determines, as an
official plan of the district, and designate the plan as "Official Plan
No. ....", the number to be the same as that of the preliminary plan from
which the official plan originated.
4. If, however, any person or public corporation objects to the official
plan, so adopted, then the person or public corporation may, within
fifteen days from the adoption of the official plan, file the objections
in writing in the office of the clerk of the court by which the district
was created, specifying the objectionable features of the plan and
setting forth wherein the proposed provisions of the plan are not
necessary under the purposes for which the district was created. The
court shall then fix a day for the hearing thereof before the court, not
less than twenty days nor more than thirty days after the first regular
session of court after the time fixed for filing objections, at which
time the court shall hear the objections and adopt, amend, reject or
refer back the plan to the board of trustees. If the court:
(1) Rejects the plan, the board shall proceed to prepare another plan;
(2) Refers back the plan to the board for amendment, the court shall
continue the hearing to a day certain without publication of notice;
(3) Approves the original or amended plan as the official plan of the
district, a certified copy of the order of court approving the original
or amended plan shall be filed with the secretary of the board of
trustees, and by him incorporated into the records of the district as
"Official Plan No. ....".
5. The designated state agency herein referred to shall be kept informed
by the secretary of the board of pending proceedings, and action taken,
relative to the formulation of an official plan, to the end that the
state's interest may be represented and proper records maintained. A copy
of any official plan, or changes made in arriving at the plan, shall be
filed forthwith with the agency. (L. 1959 S.B. 199 § 30)
1. Where any conservancy district is organized and established
within a primary drainage basin and the area of such district is a
secondary drainage basin or a tributary drainage area, the balance of the
primary drainage basin may be the basis for initiating, organizing, and
establishing a conservancy district for the entire primary drainage
basin. Other provisions of this chapter shall apply to the initiating,
organizing, establishment, and function of the primary drainage basin
conservancy district, except:
(1) The provisions of this chapter for initiating, organizing and
establishing a conservancy district shall apply only to such balance of
the primary drainage basin as lies without any other conservancy
district, but the jurisdiction of the court shall be determined on the
basis of the entire primary drainage basin. In addition to the
petitioning procedure as it shall apply to initiating a primary drainage
basin conservancy district under this section, any established
conservancy district of lesser extent within the primary drainage basin
shall have the right to be a petitioner under this section, regardless of
limitations on petitioners provided by this chapter, and may, solely and
by itself, sign and present a petition to the court for the organization
and establishment of a conservancy district for the primary drainage
basin of which the lesser district is a part. It is understood hereby that
(a) The existence and function of any conservancy district of lesser
extent within the primary drainage basin shall in no way constitute a bar
or limitation on the establishment of a conservancy district for the
entire primary drainage basin;
(b) The referendum therefor shall be by vote of qualified voters within
those areas of the primary drainage basin which are without the
boundaries of any established conservancy district;
(c) The procedure and basis for selection of trustees of the primary
drainage basin conservancy district shall be in no way different from
that otherwise provided for in this chapter for any conservancy district.
(2) Upon establishment of a primary drainage basin conservancy district
under this section,
(a) Any conservancy district of a lesser extent, including any
subdistrict thereof, within the primary drainage basin established as a
conservancy district, upon such establishment shall forthwith become a
subdistrict, subject to whatever the regular prosecution of the affairs
of the primary drainage basin district shall resolve, in accord with the
objects, purposes, and other provisions of this chapter;
(b) The trustees of any conservancy district of lesser extent shall no
longer hold office and shall cease to function upon qualification of the
trustees of the primary drainage basin district but shall be held
responsible, with appeal therefor to the court by any party of interest,
for a proper handling, transfer, and consolidation of the affairs of
their district being assumed by the primary drainage basin district
trustees as district trustees or as subdistrict trustees;
(c) The further position and responsibility of any other officer,
employees, agents or persons responsible to any such former conservancy
district shall be a matter of decision by the board as district or
subdistrict trustees. Such personnel shall be subject to the same
provisions for responsibility as the former trustees of the lesser
district are subject to in this section.
2. In addition to the formation of a subdistrict as previously provided
for in this section, whenever it is desired to accomplish the purposes of
this chapter and exercise the powers of the board of trustees where such
purposes and powers will affect only a part of a conservancy district, a
subdistrict may be formed within such part of the district.
3. Establishment of such a subdistrict shall be preceded by a plan for
the proposed subdistrict, which plan may be part of an official plan for
the entire district or part of the district, or may be a separate
official plan in itself. In any case the procedure for creating a
subdistrict plan shall be, in all respects, the same as provided herein
for originating and securing an official plan, with the additional
provision that the plan shall include a name for the subdistrict.
4. When the plan for a proposed subdistrict has been approved and made
official, it may be subject to further action as follows:
(1) The district board shall issue notice of the approval of the plan and
may announce in such notice, or in a later notice, its intention to
submit the question of establishing the subdistrict, subject to a
determination of the boundaries of the proposed subdistrict.
(2) If the district board, at the time of its notice of the approval of
the plan or within thirty days after publication of such approval notice
is complete, does not give notice of its intention to call an election,
subject to such determination of the boundaries, a petition for such
action toward a subdistrict may be presented to the board. The number of
petitioners and their qualifications shall be the same as provided in
this chapter for initiating the establishment of a conservancy district.
Upon receipt of such petition, and finding it valid, the board shall take
action forthwith on the proposed subdistrict as though on its own
initiative. In such case, however, the board may require the petitioners
to give bond for the costs of determining the boundaries and of the
election. If the election for a subdistrict fails, such costs shall be
paid by the petitioners. If the subdistrict is established, the costs
shall be paid by the subdistrict.
5. At the time of the subdistrict election, questions of additional tax
and bond issue may be presented to the voters if so indicated by the
official plan, and if the board in calling the subdistrict election on
its own initiative has so stated or if, in the case of a petition, the
petitioners have so requested the board. If such questions are presented
to the voters the respective provisions of this chapter for tax and bond
elections shall be followed insofar as such would apply.
6. The result of the election for the establishment of a subdistrict
shall be entered upon the records of the board. If the voters approve the
subdistrict establishment, certified copies of the board's record thereof
shall be filed with the secretary of state, the county recorder of the
county or counties within the subdistrict, and the state reviewing agency.
7. Upon entry in the records of the board of the vote approving
establishment of the subdistrict, the subdistrict shall be organized and
established thereby, with the trustees of the conservancy district
thereupon becoming trustees also of the subdistrict. Thereafter, the
proceedings in reference to the subdistrict shall in all matters conform
to the provisions of this chapter; except that in the issuance of bonds
for the subdistrict, in the levying of taxes by the subdistrict, and in
all other matters affecting only the subdistrict, the provisions of this
chapter shall apply to the subdistrict as an independent conservancy
district, and it shall not, in these things, be amalgamated with the
district. It is understood that such provisions for a subdistrict shall
in no way restrict a conservancy district's taxing and bonding authority
or limitations in the area of the subdistrict or elsewhere in the
district; except, no lesser district, absorbed as a subdistrict into a
primary drainage basin conservancy district, shall be subject to a
general obligation bond tax by the primary district when the lesser
district has a bond tax of its own, unless the primary district tax
provides for the assumption of the lesser district bonds; and provided
further, that no bond tax shall be levied upon said lesser district until
a sufficient time shall have expired that would have permitted said
district to have retired all of the bonds originally voted and retired if
said bond tax had been levied to retire the original amount of the bonds
voted and retired by a bond tax levied upon the assessed valuation within
said lesser district.
8. The board of trustees, chief engineer, attorney, secretary and other
officers, agents and employees of the district shall, so far as it may be
necessary, serve in the same capacities for such subdistrict. Contracts
and agreements between the district and the subdistrict may be made. The
distribution of administrative expense between the district and
subdistrict shall be in proportion to the interests involved and the
amount of service rendered, such division to be made by the board of
trustees.
9. Any subdistrict may be disincorporated in the same manner as provided
herein for a conservancy district insofar as securing a vote of
disincorporation is concerned. If disincorporation is voted, the board of
trustees shall have the sole responsibility for all liquidating, taxing,
financial, and other procedures, shall have the authority to exercise
such taxing power of the subdistrict as is necessary to dispose of any
indebtedness of the subdistrict, and shall, upon payment of all debts of
the subdistrict, consolidate into the district all else formerly a part
of the subdistrict for such action or procedure as would be the case in
the regular prosecution of its affairs by the district. (L. 1959 S.B. 199
§ 31, A.L. 1978 H.B. 971)
1. Nothing in this chapter shall be so construed as to deprive
any present levee, drainage, flood prevention, bank protection, sewer or
other special soil or water district now organized and operating under
laws of this state from exercising any of its rights or powers thereunder.
2. Agreements between such special district board and the board of
trustees of a conservancy district may be made whenever mutually
desirable by joint resolution of the boards of such special district
board and the board of trustees of a conservancy district, which joint
resolution may be passed either at a joint meeting or at separate
meetings of the special district board and the board of trustees of a
conservancy district.
3. Hereafter, no such special district or any new special district shall
prepare and submit final plans and specifications for its improvements
until they are first approved by the board of trustees of the conservancy
district in which the special district wholly or partly lies. If the
governing board of the special district and the board of trustees of the
conservancy district cannot agree within a reasonable time upon the plans
or specifications, either party may submit the plans or specifications
for adjudication to the court having jurisdiction over the conservancy
district.
4. Such special district may determine to appoint the board of trustees
of the conservancy district as its governing board and the board of
trustees may so act by vote spread upon its minutes.
5. By joint agreement of the respective boards, the chief engineer,
attorney or other employees of the conservancy district may serve as
joint employees of both districts, and the division of expense therefor
shall be by equitable written agreement filed for public inspection. (L.
1959 S.B. 199 § 32)
1. The moneys of every conservancy district organized hereunder
shall consist of five separate funds:
(1) Preliminary fund, which shall include the proceeds of the
organization tax authorized by this chapter and such advancements as may
be made from the general county funds as provided in this chapter;
(2) Bond fund, which shall include the proceeds of the sale of general
obligation river basin conservancy bonds;
(3) Amortization fund, which shall include the proceeds of levies made
for interest on and amortization of general obligation bonds issued under
the provisions of this chapter;
(4) General fund, which shall include all other revenues together with
the proceeds of annual levies made for the purposes of administration,
current expenses, improvements and facilities and for the maintenance and
operation of the district; and
(5) Aid fund, which shall include any fund for aiding the work of the
district furnished by the United States, this state, other states, public
corporations, or persons.
2. It is intended that the cost of general improvements made or
facilities provided by the district shall include the cost of preparing
the official plans and specifications therefor, of any appraisals
occasioned thereby, of any lands or property purchased or condemned
therefor and of the entire cost of engineering, construction and
superintendence, and all charges incidental thereto, and that the same
may be paid for out of the bond fund from the proceeds of general
obligation bonds issued for such improvements or facilities.
3. No vouchers shall be drawn against any fund until an authorizing
resolution therefor shall have been properly passed by the board of
trustees, and duly entered upon its records.
4. Any surplus funds in the treasury of the district may be used for
retiring bonds, reducing the rate of assessment or for accomplishing any
other of the legitimate objects of the district. (L. 1959 S.B. 199 § 33,
A.L. 1961 p. 463)
1. The board of trustees, in accepting financial aid from the
United States government, the state, any public corporation or any person
for the purposes of the district, shall place the funds in the aid fund,
to be expended only for the specific purposes for which they were given.
If any surplus remains after the accomplishment of such specific purpose,
the balance may be transferred to the general fund.
2. Any public corporation may aid a district whenever its appropriating
body duly makes appropriations therefor. (L. 1959 S.B. 199 § 34)
1. As soon as any district is organized under this chapter, and
a board of trustees is selected and qualified, all tangible property in
the district may be taxed not to exceed one mill on each dollar of the
assessed valuation thereof per annum for a period not to exceed three
years. The tax moneys shall be used for paying expenses of organization,
for preliminary surveys and plans, and for other incidental expenses
which may be necessary to the proper establishment of the district. Such
organization tax shall be certified by the board of trustees to the
various county commissions of the various counties and by them extended
upon the tax books and certified to the respective collectors of revenue
of their counties. If the items of expense have already been paid in
whole or in part from other sources, they may be repaid from the receipts
of the levy. The collection of the tax levy shall conform in all matters
to the collection of taxes and assessments for the district outlined in
this chapter and the same provisions concerning the nonpayment of taxes
shall apply.
2. In order to facilitate the preliminary work and establishment of the
district, the board of trustees may borrow money, authorized by a
resolution therefor, at a rate of interest not exceeding six percent per
annum, may issue and sell or pay to contractors or others, negotiable
evidence of debt (herein called warrants) therefor signed by the
president and secretary of the board of trustees and may pledge (after it
has been levied) the organization tax of not exceeding one mill on each
one dollar of assessed valuation per annum for the repayment thereof. If
any warrant issued by the board of trustees is presented for payment and
is not paid for want of funds in the treasury that fact with the date of
refusal shall be endorsed on the back of the warrant and the warrant
shall thereafter draw interest at the rate of six percent until such time
as there is money on hand sufficient to pay the amount of the warrant
with interest. (L. 1959 S.B. 199 § 35)
1. The county clerk of each county within the district shall
certify to the secretary of the board of trustees the total assessed
valuation of all taxable tangible property lying within the district in
his county. Thereupon, the board of trustees shall determine the rates of
taxation necessary to be levied for the amortization fund and for the
general fund for the year and shall direct the secretary to certify the
rates to the county clerk of each county in which the district is
situated. The several county clerks shall thereupon extend the rates upon
and against the assessed valuation of all taxable tangible property lying
within the district and shall certify the taxes to the collectors of
revenue of their respective counties, who shall proceed to collect and
enforce the taxes in like manner as state and county taxes are collected
and enforced and shall make remittances of their collections monthly to
the treasurer of the district.
2. The rate levied for the general fund shall in no year exceed one mill
on each one dollar assessed valuation of taxable tangible property in
such district, except as follows:
(1) When the board determines that needs for general fund moneys are
greater than the one mill tax will provide and thereupon determines the
rate of taxation necessary to be levied in excess of the authorized rate;
(2) When, accordingly, the question is submitted by the board to the
electorate of the district in the same manner as provided in this chapter
for bond elections;
(3) When, at such election, the increase is approved for a year, by a
majority vote of those voting, or, in excess of one year and not to
exceed four years, by a two-thirds vote of those voting; and provided
that any such increase in the tax rate for the general fund shall in no
year exceed two mills on each one dollar assessed valuation of taxable
tangible property in the district.
3. In the event that an increase in the tax rate is voted as prescribed,
the procedure for collection shall be as for any general fund levy. (L.
1959 S.B. 199 § 36)
1. The board of trustees of any river basin conservancy district
may issue general obligation bonds for and on behalf of the district for
the purpose of providing funds to carry out the official plan or plans of
the district. The bonds shall not exceed, including existing indebtedness
of the district, an amount equal to five percent of the assessed
valuation of taxable tangible property in the district, to be ascertained
by the last completed assessment for state and county purposes made
previous to the incurring of the indebtedness. The bonds shall be issued
in the denomination of one hundred dollars each, or some multiple
thereof, to bear interest at a rate not exceeding six percent per annum,
payable semiannually, and to become due and payable at the times the
board of trustees determines by order of record, not exceeding twenty
years from date of issue. All bonds shall be signed by the president of
the board, and attested by the signature of the secretary of the board,
with the seal of the district affixed; and all interest coupons shall be
executed by the lithographed facsimile signatures of the officers.
2. Whenever a conservancy district proposes to issue bonds as aforesaid,
it shall submit the question to the voters of the district. The notice of
election shall state the amount and purpose of bonds to be issued, the
polling place at which the election is to be held.
3. The results of the submission of the question shall be entered upon
the records of the board of trustees.
4. If it appears that the constitutionally required percentage of the
voters voting on the question have voted in favor of the issuance of the
bonds, the board of trustees shall order and direct the execution of the
bonds for and on behalf of the district and shall provide for the levy
and collection of a direct annual tax upon all the taxable property in
the district sufficient to provide for the payment of the principal and
interest of the bonds so authorized as they respectively become due.
5. It shall be the duty of the secretary of the board, on or before the
first day of May in each year, or the state auditor immediately
thereafter, in case the secretary of the board fails or neglects so to
do, to certify to the respective county clerks of the counties within the
district the amount of money that will be required during the next
succeeding year to pay interest falling due on bonds issued and the
principal of bonds maturing during such year. Upon receipt of the
certificate, it shall be the duty of the county clerks to levy and extend
upon the tax books such a rate of taxation upon all taxable tangible
property in the district as will raise the sum of money required for the
purposes aforesaid.
6. All of the laws, rights and remedies of the state of Missouri for the
collection of state, county, school and other taxes shall be applicable
to the collection of taxes herein authorized to be collected. (L. 1959
S.B. 199 § 37, A.L. 1978 H.B. 971, A.L. 1990 H.B. 1621)
The ballots of a conservancy district election held upon the
question of issuing bonds shall be in substantially the following form:
Shall the ......... Conservancy District issue bonds in the amount of
......... dollars for the purpose of .........? (L. 1959 S.B. 199 § 38,
A.L. 1978 H.B. 971, A.L. 1986 H.B. 1554 Revision)
The board of trustees on behalf of the district shall sell its
bonds to the best advantage at public sale on sealed bids but for no less
than ninety-five cents on the dollar and the proceeds shall be paid over
to the treasurer of the district, who shall disburse the proceeds on
order of the board of trustees in payment of costs incidental to the
holding of the election, the issuance of the bonds and in paying the
costs of constructing and carrying into execution the plan of improvement
adopted for the district. The sale of the bonds shall be publicly
advertised for such time and in such manner as the board directs. (L.
1959 S.B. 199 § 39)
1. In the event of the disincorporation of any conservancy
district pursuant to the provisions of this chapter, the disincorporation
shall not affect the lien of any tax imposed pursuant to the provisions
of this chapter, or the liability of any property in the district to the
levy of any future tax for the purpose of paying the principal of and
interest on any bonds issued hereunder.
2. In that event, or in the event of any failure on the part of the
officers of any district to qualify and act, or in the event of any
resignations or vacancies in office, which prevent action by the district
or by its proper officers, it shall be the duty of the county clerk and
of all other officers charged in any manner with the duty of assessing,
levying and collecting taxes for public purposes in any county,
municipality or political subdivision in which such lands shall be
situated, to do and perform all acts which may be necessary and requisite
to the collection of any such tax which has been imposed and to the
levying, imposing and collecting of any tax which it may be necessary to
make for the purpose of paying the principal and interest of the bonds.
3. Any holder of any bonds issued pursuant to the provisions of this
chapter or any person or officer being a party in interest, may either at
law or in equity by suit, action or mandamus, enforce and compel
performance of the duties required by this chapter of any of the officers
or persons mentioned in this chapter. (L. 1959 S.B. 199 § 40)
Any collector of revenue or other person entrusted with the
collection of taxes who refuses, fails or neglects to make prompt payment
of the same or any part thereof collected under this chapter to the
treasurer of the district upon his presentation of a proper demand, shall
pay a penalty of ten percent on the amount of his delinquency; and such
penalty shall become due and payable at once, and both he and his
sureties shall be liable therefor on his official bonds. (L. 1959 S.B.
199 § 41)
The making of profit, directly or indirectly, by any officer of
any district organized under this chapter, or by any other public officer
within the state, out of any contracts entered into by the district, or
the use of any money belonging to a district by loaning it or otherwise
using it, or by depositing the same in any manner, contrary to law, or by
removal of any money by any officer or by his consent and placing it
elsewhere than is prescribed either by law or by the official acts of the
board of trustees, for the purpose of profit, constitutes a felony,
punishable by imprisonment for a term not exceeding two years, or a fine
not exceeding five thousand dollars, or both fine and imprisonment; and
the officer offending shall be liable personally and upon his official
bond for all losses to the district and for all profits realized by such
unlawful use of moneys. (L. 1959 S.B. 199 § 43)
The performance of all duties prescribed in this chapter
concerning the organization, administration and operation of the district
may be enforced against any officer or against any person or public
corporation refusing to comply with any order of the board by mandamus at
the instance of the board of trustees or of any person or public
corporation interested in any way in such district or proposed district.
(L. 1959 S.B. 199 § 44)
1. Disincorporation of a conservancy district may be
accomplished by a vote therefor on the submission of the question to the
voters of the district. The submission is initiated as follows:
(1) When the board determines the disincorporation is desirable after a
hearing on the subject is held, provided that notice of such hearing is
made by publication setting a time for the hearing and citing the reasons
for the proposed need to disincorporate, and the board makes its decision
for disincorporation within thirty days after the hearing is concluded,
and on such decision calls forthwith for a disincorporation election; or
(2) When the number of registered voters which would be necessary to
regularly initiate proceedings for establishment of the district
petitions the board for a disincorporation election. The determination of
the validity of the petition signatures and the petition shall be bound
by the same provisions, as such would apply to this section, as for those
of petitioners initiating action for a proposed district as provided in
this chapter. When the board determines that the petition is valid it
shall call a hearing as on its own motion to disincorporate. After the
hearing is concluded with no withdrawal of the petition as provided for
in this section, the board shall submit the question to the voters of the
district.
2. Whenever notice of publication of a hearing on disincorporation is
ordered, the secretary of the board shall report the action to the
official state agency designated by the governor to review plans of the
district.
3. A majority of petitioners on a disincorporation petition may withdraw
the petition and thereby terminate the proceedings at any time before the
hearing is concluded.
4. In no case may disincorporation proceedings be initiated and carried
forward unless at least one plan for the district has been prepared and
finally approved as an official plan.
5. The question shall be submitted in substantially the following form:
Shall the ......... Conservancy District be disincorporated?
6. A vote of a majority of those voting is required for disincorporation.
7. When disincorporation is voted as provided in this section, the board
of trustees shall certify the result to the court, whereupon the court
shall appoint a competent person from within the district as receiver.
The receiver shall have, under order of the court, such powers and
responsibilities, as such would apply to this section, as provided by law
for receivers in the liquidation of general and business corporations;
shall have, under court order, the authority to exercise such taxing
power of the district as is necessary to dispose of the bonded and other
indebtedness of the district; and shall be considered, for the purpose of
this section and related portions of this chapter, to be an officer of
the district. Upon appointment of a receiver by the court, the power and
authority of the trustees of the district to function as the board of the
district ceases, and the offices of trustees terminate, subject to
whatever orders the court may issue for securing the aid of the trustees
in liquidation of the district.
8. When the receiver has closed the affairs and paid all debts of the
district, he shall, subject to any further and necessary orders of the
court, take action as follows:
(1) Pay to the county commission of each county within the district the
money remaining in his hands, on the basis of a pro rata to each county
commission as the taxes paid from each county to the district in the last
full year of district tax collection under the board of trustees relate
to the total district tax collection in said year; except that, in event
the life of the district under the board does not encompass a full year
of tax collection, the basis of payment shall be, as the court shall
order, in a manner as similar as possible to such pro rata;
(2) File all data, plans and other official records of the district with
the clerk of the court, which records shall be matters of public record
available to any interested person. (L. 1959 S.B. 199 § 45, A.L. 1978
H.B. 971, A.L. 1990 H.B. 1070)
In any case of a proceeding before the court where a notice is
provided for in this chapter, if the court finds for any reason that due
notice was not given, the court shall not thereby lose jurisdiction, and
the proceeding in question shall not be void; but the court shall in that
case order due notice to be given, and shall continue the hearing until
such time as notice shall be properly given, and thereupon shall proceed
as though notice had been properly given in the first instance. In case
the original notice as a whole was sufficient, and was faulty only with
reference to publication as to certain tracts or areas, only the owners
of and persons interested in those particular tracts or areas need be
notified by such subsequent notice. If the publication of any notice in
any county was defective or not made in time, republication of the
defective notice need be had only in the county in which the defect
occurred. (L. 1959 S.B. 199 § 46)
Any district organized under the provisions of this chapter
shall be liable for damages as a result of negligence of the district.
(L. 1959 S.B. 199 § 47)
The provisions of this chapter shall not apply to any city
having four hundred fifty thousand or more inhabitants, nor any county
containing a city having four hundred fifty thousand or more inhabitants.
(L. 1959 S.B. 199 § 48)
This chapter being necessary for securing the public health,
safety, convenience and welfare shall be liberally construed to effect
the control, conservation and utilization of the resources of this state.
(L. 1959 S.B. 199 § 49)
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