Missouri Statute | Act | Code |Lands, Levees, Drainage, Sewers And Public Water Supply| US Code - US Statute | Chapter 242 Drainage Districts Organized In Circuit Court

USA Statutes : missouri
Title : LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter : Chapter 242 Drainage Districts Organized in Circuit Court

1. The word "owner" as used in sections 242.010 to 242.690 shall
mean the owner of the freehold estate, as appears by the deed record, and
it shall not include reversioners, remaindermen, trustees, or mortgagees,
who shall not be counted and need not be notified by publication, or
served by process, but shall be represented by the present owners of the
freehold estate in any proceeding under said sections.

2. Owners of property, located in whole or in part within the drainage
district and owned by a corporation, partnership, joint venture, or any
other form of ownership other than individual ownership, may delegate
through procedures allowed as provided by the laws of this state an
individual to exercise representation and voting on behalf of the
corporation, partnership, joint venture, or other entity in matters
requiring public vote involving the drainage district. For purposes of
drainage districts organized pursuant to the laws of this state, any
individual so recognized by the corporation, partnership, joint venture,
or other entity as having the responsibilities of representing the
property owner before the board of supervisors of the drainage district
shall in all respects be treated by laws of this state as the owner of
the property, and shall be entitled to all benefits and privileges
allowed by law, including serving on the board of supervisors if so
elected. (RSMo 1939 § 12364, A.L. 2002 S.B. 941)

Prior revisions: 1929 § 10783; 1919 § 4415

(1953) Corporate holder of an easement in land held to be owner within
this section so as to be entitled to notice under §§ 242.020 and 242.030.
Farmers Drainage Dist. v. Sinclair Refining Co. (Mo.), 255 S.W.2d 745.

1. The owners of a majority of the acreage in any contiguous
body of swamp, wet or overflowed lands, or lands subject to overflow,
situate in one or more counties in this state, may form a drainage
district for the purpose of having such lands and other property
reclaimed and protected from the effects of water, for sanitary or
agricultural purposes, or when the same may be conducive to the public
health, convenience or welfare, or of public utility or benefit, by
drainage or otherwise, and for that purpose they may make and sign
articles of association, in which shall be stated: The name of the
district, and the number of years the same is to continue; the boundary
lines of the proposed drainage district; the names of the owners of lands
or other property in said district, together with a description of the
lands and other property owned by each; when the name of the owner of any
of said lands or other property is unknown, this fact shall be set out in
said articles; said articles shall further state that the owners of real
estate and other property within said district whose names are subscribed
to said articles are willing to and do obligate themselves to pay the tax
or taxes which may be assessed against their respective lands or other
property to pay the expense of organizing and of making and maintaining
the improvements that may be necessary to effect the reclamation of said
lands and other property, so formed into a drainage district, and to
drain and to protect the same from the effects of water, and said
articles of association shall contain a prayer, praying that the lands
and other property described therein be declared a drainage district
under the provisions of sections 242.010 to 242.690.

2. After said articles of association and petition have been so signed
the same shall be filed in the office of the circuit clerk of the county
in which such lands and other property are situate; or, if such lands and
other property be composed of tracts or parcels situate in two or more
different counties then in the office of the clerk of the circuit court
of the county in which there are situate more of said lands and other
property than in any other county. (RSMo 1939 § 12324)

Prior revisions: 1929 § 10743; 1919 § 4378; 1909 § 5496

(1953) Where articles of association did not describe easement owned by
corporation and named its owner and notice described only servient land
through which easement ran, assessment of benefits against easement held
improper. Farmers Drainage Dist. v. Sinclair Refining Co. (Mo.), 255
S.W.2d 745.

1. Immediately after such articles of association shall have
been filed, the clerk in whose office the articles of association have
been filed shall give notice by causing publication to be made once a
week for four consecutive weeks in some newspaper published in each
county in which are situate lands and other property of the district, the
last insertion to be made at least fifteen days prior to the first day of
the next regular term of the circuit court at which said articles of
association and petition are to be heard; said notice shall be
substantially in the following form and it shall be deemed sufficient for
all purposes of sections 242.010 to 242.690:

NOTICE OF APPLICATION TO FORM

DRAINAGE DISTRICT.

Notice is hereby given to all persons interested in the following
described real estate and other property in .............. County of
Missouri (here describe the property as set out in the articles of
association) that articles of association asking that the foregoing lands
and other property be formed into a drainage district under the
provisions of chapter 242, and that the lands and other property as above
described will be affected by the formation of said drainage district and
be rendered liable to taxation for the purposes of paying the expenses of
organizing and making and maintaining the improvements that may be found
necessary to drain, protect and reclaim the lands and other property in
said district, and you, and each of you, are hereby notified to appear at
a session of this court to be held on the .............. day of
.............., 20...., at .............. in .............. County, and
show cause, if any there be, why said drainage district as set forth in
the articles of association shall not be organized as a public
corporation of the state of Missouri.

........................

Clerk of the circuit court of .............. County.

2. The circuit court of the county in which said articles of association
have been filed shall thereafter maintain and have original and exclusive
jurisdiction coextensive with the boundaries and limits of said district
without regard to county lines, for all purposes of sections 242.010 to
242.690; provided, that where lands in different counties are sought to
be incorporated in the same district, it shall not be necessary to
include all of the lands and other property in said proposed drainage
district in the notice published in the different counties, but only such
lands and other property in the district as are situate in the respective
counties. (RSMo 1939 § 12325, A.L. 1978 H.B. 1634)

Effective 1-2-79

1. Any owner of real estate or other property in said proposed
district, who may not have signed said articles of association, objecting
to the organization and incorporation of said drainage district, shall,
on or before the first day of the term of court at which the cause is to
be heard, file his objection or objections why such drainage district
should not be organized and incorporated. Such objection or objections
shall be limited to a denial of the statements in the articles of
association, and shall be heard by the court in a summary manner, without
unnecessary delay, and in case all such objections are overruled, the
circuit court shall by its order, duly entered of record, duly declare
and decree said drainage district a public corporation of this state, for
a term not exceeding the time mentioned in said articles of association
signed and filed. If the court finds that the property set out in said
articles of association should not be incorporated into a drainage
district, it shall dismiss said proceedings and adjudge the costs against
the signers of said articles of association in proportion to the acreage
represented by each.

2. Any person having signed the articles of association shall have no
right to have said proceedings dismissed as to him without the written
consent of the majority in acreage of the owners who signed said
articles. The articles of association may be amended as any other
pleading.

3. Within sixty days after the said district has been declared a
corporation by the court, the clerk thereof shall transmit to the
secretary of state a certified copy of the findings and decree of the
court incorporating said district, and the same shall be filed in the
office of the secretary of state in the same manner as articles of
incorporation are now required to be filed under the general law
concerning corporations.

4. A copy of said findings and decree, together with a plat of the
district, shall also be filed in the office of the county recorder in
each of the counties having lands and other property in said district,
where the same shall become a permanent record, and each such recorder
shall receive a fee of one dollar for filing and preserving the same.
(RSMo 1939 § 12326)

Prior revisions: 1929 § 10745; 1919 § 4380; 1909 § 5499

1. The board of supervisors of any drainage district organized
under the provisions of sections 242.010 to 242.690, for and in its
behalf, or the owners of a majority of the acres in any tract or tracts
of swamp, wet or overflow lands or lands subject to overflow lying
adjacent to such district, or having an outlet in common with lands in
the district, shall have the right to file a petition in the office of
the clerk of the court organizing such district, asking that the boundary
lines of such district be changed or extended so as to annex and include
such lands. Said petition shall describe the boundary lines of the tract
or tracts sought to be annexed and state the names of the owners of such
tracts together with descriptions of tracts owned by each; when the name
or names of any owner or owners of any such lands or other property are
unknown this fact shall be set out in said petition.

2. As soon as said petition has been filed the clerk of the court shall
give notice of such filing by causing publication to be made once a week
for four consecutive weeks in some newspaper published in each county in
which any part of the lands sought to be annexed are situate; said notice
need not contain the names of the owners of said lands and other property
or descriptions of tracts owned by each, but it will be sufficient to
describe said lands by sections and parts of sections; the notice shall
state the purpose of the petition, that the lands will be rendered liable
to taxation to pay the cost of making and maintaining the improvement
found necessary to drain and reclaim said lands, and that any owner of
said lands shall have the right to file objections to said petition on or
before fifteen days after the last publication of the notice, which said
date of filing objections shall be stated in said notice.

3. Any owners of land, or other property sought to be annexed, not
petitioning, or the board of supervisors of the district, if not
petitioning, shall have the right to file objections within fifteen days
after the last publication of the notice herein provided for but not
thereafter, setting out why said petition should not be granted. Such
objection shall be limited to a denial of the statements in the petition
and shall be heard and determined by the court as early and speedily as
possible, at either a regular, adjourned or special term, and the court
shall annex all lands and other property described in the petition that
are found to be swamp, wet or overflow lands or lands subject to
overflow, or lands having an outlet in common with lands in the district.

4. After such extension or extensions have been made, the board of
supervisors of the district shall proceed to reclaim the lands and other
property in the district as enlarged, by either constructing and putting
into force or completing the improvements set out in the plan for
reclamation already adopted or to be adopted, or by formulating and
adopting enlargements, additions and extensions to drains, channels,
levees or other improvements in the plan already adopted, and thereafter
the same shall be proceeded with in the same manner or as nearly as
possible, as provided by sections 242.010 to 242.690.

5. Any petition filed under this section, all maps, profiles and reports
of the chief engineer of such district, and records of the board shall be
deemed prima facie evidence in all proceedings under this section as to
all facts therein. The term "lying adjacent to the district" as used
herein shall be construed by the courts to mean situate nearby or in the
vicinity of any drainage district, or touching such district in part or
in whole.

6. Any owner of lands or other property, or the board of supervisors, for
and on behalf of the district, shall have the right to appeal from the
finding or decree of the court extending or refusing to extend the
boundary lines of such district, said appeal to be prosecuted the same as
provided for appeals under the civil code.

7. The amendments contained herein are declared to be remedial in
character, shall be liberally construed by the courts promptly and shall
apply to districts already organized, in process of organization or to be
hereafter organized by circuit courts of this state. (RSMo 1939 § 12365)

Prior revisions: 1929 § 10784; 1919 § 4416

1. Any two or more adjacent districts, whether incorporated in
the same or different counties, may be united and consolidated in one
district, and such new district and the board of supervisors thereof
shall have the rights, powers and privileges of any districts organized
under sections 242.010 to 242.690.

2. In order to effect such consolidation, the board of supervisors of
each of the original districts shall call an election in the same manner
as elections for supervisors, stating the time, place and object of such
election. If a majority of the acreage voting in each district vote in
favor of the proposition to unite and consolidate such districts, the
board of supervisors of each district shall present a petition to the
circuit court of the county in which the greatest amount of the land is
located, accompanied with a complete return of said election, in which
petition shall be stated the name of the original district, when
incorporated, the names of the owners of the lands and the boundaries of
the district.

3. When said petition has been filed the circuit clerk shall give notice
of such filing in the manner provided for giving notice in section
242.030, said notice to state the contents of said petition and the
objects sought and the date on which said matter is to be heard.

4. Any person owning land in either of said districts, on or before the
date set out in the notice on which said matter is set to be heard may
file objections to the regularity or sufficiency of any of the
proceedings had in the premises, and if such objections are overruled, or
if no objections are made, the court shall make an order that any two or
more of the several districts so asking to be united shall be united and
consolidated as one district, under some appropriate designation, with
all the rights, powers and privileges of such districts organized under
sections 242.010 to 242.690 and, except as hereinafter provided, the
lands so included in the new district shall be subject to all liens,
liabilities and obligations of the original districts, and a new board of
supervisors shall be elected, as is now provided in case of election of
supervisors, and all orders made in regard to extension of time,
boundaries or uniting districts shall be spread on the records of the
circuit court, and a certified copy thereof shall be filed with the
recorder of deeds of each county in which any of such land is located,
and also with the secretary of state, and said recorder shall receive a
fee of one dollar for filing and preserving such certificate; provided,
however, that if any district included in any consolidated district shall
have issued bonds which are outstanding at the time of such
consolidation, the taxes levied to pay such bonds and the interest
thereon shall be an obligation of only the property within such component
district. (RSMo 1939 § 12372, A.L. 1959 H.B. 312)

Prior revisions: 1929 § 10791; 1919 § 4421; 1909 § 5501

CROSS REFERENCE: Consolidation of adjoining districts and reorganization
under Chap. 242, RSMo 243.450

Any drainage district of Missouri heretofore organized, in
process of organization or that may hereafter be organized under the
provisions of any previous or existing laws of this state, either general
or special, may elect in the manner herein provided to become and be
reorganized under the provisions of sections 242.010 to 242.690;
provided, that such reorganization shall not be required of districts
heretofore organized or in process of organization at the time of passage
of this law under the provisions of article 1, chapter 41, of the Revised
Statutes of 1909, but all such districts shall have the right to proceed
under the provisions of said sections. (RSMo 1939 § 12379)

Prior revisions: 1929 § 10798; 1919 § 4428

1. Any drainage district heretofore organized and any district
that is now in process of organization or any drainage district that may
hereafter be organized under any previous or existing law of this state
may organize under the provisions of sections 242.010 to 242.690, and
after so organized shall be entitled to the benefits of all of the
provisions of said sections and any or all laws amendatory hereof.

2. The owners of a majority of acreage of any existing drainage district
may make and sign articles of association in which shall be stated: The
name of the district, which shall be the same as the name it bears when
such articles of association are made, and the number of years such
district is to continue, which shall in no event be for fewer years than
the life of any of its existing obligations. Such articles shall also
state that the boundaries of the district will be the same as the
boundaries of the present organization and that the description of the
land and other property and the owners thereof are such as are described
in the present record of the district as now organized and said articles
of association shall contain a petition, praying that the lands of said
drainage district be declared a drainage district under the provisions of
said sections.

3. After such articles of association have been so signed, the same shall
be filed in the office of the clerk of the circuit court of the county in
which such lands are situate, or, if such lands be situate in two or more
counties, then in the office of the clerk of the circuit court of the
county in which there are situate more of said lands than in any other
county. (RSMo 1939 § 12380)

Prior revisions: 1929 § 10799; 1919 § 4429

Immediately after such articles of association have been filed
the circuit clerk in whose office the same have been filed shall give
notice in the manner and for the time specified in section 242.030, said
notice to be in substantially the following form, which shall be deemed
sufficient for all the purposes of sections 242.010 to 242.690: NOTICE
FOR HEARING OF PETITION FOR REORGANIZATION OF ............

DRAINAGE DISTRICT.

Notice is hereby given to owners of land and other property in
"............ drainage district" of Missouri that articles of association
have been filed in this office, asking that said drainage district be
reorganized under the provisions of sections 242.010 to 242.690, and that
you and each of you are notified to appear at a session of this court to
be held on ............ day of ........., 20..., at ............ in
......... county and show cause, if any there be, why said drainage
district as set forth in said articles of association should not be
reorganized as a public corporation under said law.

Clerk of the circuit court of .............. County. The circuit court of
the county in which said articles of association have been filed shall
thereafter maintain and have original and exclusive jurisdiction
coextensive with the boundaries and limits of said district without
regard to county lines for all purposes of said sections; provided, that
where lands in different counties are sought to be incorporated in the
same district, it shall not be necessary to include all of the lands in
said proposed drainage district in the notice published in the different
counties, but only such lands and other property in the district as are
situate in the respective counties. (RSMo 1939 § 12381, A.L. 1978 H.B.
1634)

Prior revisions: 1929 § 10800; 1919 § 4430

Effective 1-2-79

After said notice has been so given the matter shall be
proceeded with in the same manner as is provided for where articles of
association for the formation of a drainage district have been filed.
(RSMo 1939 § 12382)

Prior revisions: 1929 § 10801; 1919 § 4431

Immediately after the election of the board of supervisors as
provided for in section 242.100, and the election of a president and
secretary, and the secretary has filed the necessary bond and it has been
approved, he shall call upon the county clerk or other person who may be
in charge of the records of the district for all records, contracts,
files, books, plats, maps and every article of record belonging to said
district, and the county clerk or other person in charge of such records
shall immediately deliver to said secretary of the district all such
records and take the receipt of the secretary therefor. Said secretary
shall also call upon the county treasurer or other person who has control
of the funds of the district, for the transfer of all funds of the
district to him and said treasurer or other person shall immediately
transfer such funds, taking the receipt of the secretary for such funds.
(RSMo 1939 § 12383)

Prior revisions: 1929 § 10802; 1919 § 4432

When an existing drainage district has been reorganized under
sections 242.010 to 242.690 the board of supervisors will not be required
to follow such steps or requirements of sections 242.010 to 242.690 as
are inconsistent with or rendered unnecessary, by the work that has
already been done in the district; provided, that no such change of
organization shall have the effect of in any way invalidating any
indebtedness, liability, or contract of any nature incurred under its
former organization, but all such indebtedness, liability or contract
shall attach to and become the debt or liability of the new organization
until the same is fully paid and discharged, and all debts owing to, and
all rights and privileges and immunities held or enjoyed by the old
district under its former organization shall be held and enjoyed by the
new district when the same shall organize under the provisions of said
sections; provided further, that no right of action shall exist nor
remedy be allowed against any such reorganized district by virtue of any
contract or contracts made by, or on behalf of, any such reorganized
district prior to its reorganization as herein provided for, which did
not exist or was not allowed by statute against such district prior to
the time of its reorganization as herein provided for; and provided
further, that two or more drainage districts, whether located in the same
or different counties, may unite in formulating and signing articles of
association for the reorganization of such districts under the provisions
of sections 242.070 to 242.120, 242.510 to 242.530, and sections 242.680
and 242.690 and the land and other property of such districts may be
combined into one and the same district. (RSMo 1939 § 12384)

Prior revisions: 1929 § 10803; 1919 § 4433

1. Whenever the board of supervisors of any district organized
under sections 242.010 to 242.690 or any previous enactment of the
general assembly of the state of Missouri providing for the organization
of drainage districts by the circuit courts, finds that, in order to
either raise funds to complete the plan for reclamation, pay for works
already completed, pay bonds outstanding and interest thereon, or
interest on the same, restore any works or construct new works or for any
other cause, the time for which any such drainage district has been
incorporated should be extended, such board shall call a meeting of
landowners of the district in the same manner as is provided for in
section 242.150; the notice shall state the time, place and purpose of
such meeting, and that if the majority of acres represented at said
meeting be cast in favor of such extension of the district's corporate
existence a petition will be presented to the court organizing the
district, asking for such extension of time.

2. Such meeting shall be conducted in the same manner as is provided in
section 242.150 for the election of supervisors, except that one member
of the board of supervisors shall act as chairman of such meeting and the
secretary of the board or his deputy shall act as clerk; and if a
majority of the acreage represented at such meeting shall vote in favor
of such extension the board of supervisors shall within forty-five days
before the next term of the circuit court file a petition with the clerk
of said court praying for the extension of the corporate existence of the
district, and after the filing of such petition the same proceeding shall
be had as is provided for in sections 242.030 and 242.040 relating to
articles of association and incorporation of the district.

3. If such petition be granted by the court, within twenty days
thereafter the circuit clerk shall transmit a copy of the decree to the
secretary of the board of supervisors who shall transmit a copy of the
same to the secretary of state and to the recorder of deeds of each
county having land or other property in the district, who shall file and
preserve the same in his office, and for such service he shall receive a
fee of one dollar. In case the court should find that such extensions
should not be allowed said petition shall be dismissed and the cost
incurred in the case be paid by the district. (RSMo 1939 § 12373)

Prior revisions: 1929 § 10792; 1919 § 4422

1. The incorporation of every drainage district, heretofore or
hereafter incorporated under and by virtue of the provisions of sections
242.010 to 242.690, shall be dissolved if, at any time before bonds are
issued and negotiated to construct the works and improvements as provided
by the plan of reclamation adopted by its board of supervisors, the
owners of a majority of the acres of land within said drainage district
petition the circuit court, wherein said drainage district was
incorporated, for a dissolution thereof; provided, that upon the filing
of any such petition, said circuit court shall, before dissolving said
corporation ascertain and determine the amount of money in the treasury
of, or owing to, said corporation, and the amount of all warrants issued
and unpaid by it and the amount of the debts and other obligations owing
by it; and, if said amount of money in the treasury and owing to said
corporation, is in excess of the amount of said warrants, debts and other
obligations, said circuit court shall order said warrants, debts and
other obligations to be forthwith paid and discharged, and said excess
divided among all the owners of land in said drainage district who paid
the same thereto, in the proportions in which they paid the same; but, if
said amount of money, in the treasury and owing to said corporation, is
not sufficient to pay and discharge said warrants, debts and other
obligations then said circuit court shall order said board of supervisors
to levy and collect a uniform tax upon each and every acre of land within
said drainage district, sufficient in amount to pay said deficiency, and
to thereupon pay the same.

2. At any time during the corporate life of such drainage district, when
all outstanding bonds shall have been paid and when all other
indebtedness of said district shall have been paid or when there is
sufficient money on hand to pay any and all outstanding indebtedness, and
when there is sufficient money on hand to pay the costs and expenses of
the dissolution of said corporation as herein provided, the board of
supervisors may, and, on a petition of one-tenth of the landowners,
owning one-tenth of the lands in said district, shall, call a meeting of
the landowners in said district for the purpose of determining whether or
not said district shall be dissolved and its corporate life terminated,
first giving three weeks' notice of the object, purpose and place of such
meeting by notices printed for three weeks successively in some newspaper
or newspapers printed and published in the county or counties in which
said drainage district lies; provided, however, that not more than one
such meeting for purposes of dissolution shall be held each year.

3. If a majority of the landowners voting at said meeting and owning a
majority of the acres of land in said district voting at said meeting
vote in favor of the dissolution of the incorporation of said drainage
district, the board of supervisors shall cause to be filed in the circuit
court wherein said drainage district was incorporated, a petition setting
out the facts: that there are no outstanding bonds of said district; that
there is no other outstanding indebtedness of said district, or that
there is sufficient money on hand to pay any outstanding indebtedness, as
the case may be, and that there is sufficient money on hand to pay the
cost and expenses of such dissolution; that due notice has been given or
the clerk thereof in vacation shall cause notice to be given by
publication in some newspaper printed and published in said county for
four successive weeks, the last publication being not less than fifteen
days before the day to which said petition is made returnable, directed
to the creditors, landowners and all persons interested, of the filing of
said petition, its object and purpose, and ordering them to show cause,
if any there be, on said first day, why said corporation should not be
dissolved.

4. If, upon a hearing of said petition, the court find the facts
aforesaid and find that there are no outstanding debts and that there is
sufficient money to pay the expenses of dissolution, it shall enter its
order dissolving said corporation. If it find there is sufficient money
on hand to pay all outstanding debts it shall order said debts paid and
thereafter, on proper showing of their payment, enter its order of
dissolution. Any excess of money on hand shall be distributed as herein
provided; provided, the foregoing provision of dissolution shall not be
effective until the bridges across the drainage ditches in such district
are sufficient and in a reasonable state of repair. (RSMo 1939 § 12361,
A.L. 1978 H.B. 1634)

Prior revision: 1929 § 10780

Effective 1-2-79

(1980) Statute governing the cost of organization of a drainage district
does not limit right and duty of the court to order assessment of
additional levies to pay district's debts or part of proceedings of final
dissolution. Matter of Little Chariton Drainage Dist. (A.), 602 S.W.2d
916.

Within thirty days after any drainage district shall have been
organized and incorporated under the provisions of section 242.040 the
circuit clerk of the county in which the articles of association have
been filed shall, upon giving notice by causing publication to be made
once a week for two consecutive weeks in some newspaper published in each
county in which lands of the district are situate, the last insertion to
be at least ten days before the day of such meeting, call a meeting of
the owners of real estate or other property situate in said district, at
a day and hour specified in some public place in the county in which the
district was organized, for the purpose of electing a board of five
supervisors, to be composed of owners of real estate in said district,
two of whom at least shall be residents of the county or counties in
which such district is situate, or some adjoining counties; the
landowners, when assembled, shall organize by the election of a chairman
and secretary of the meeting who shall conduct the election; at such
election each and every acre of land in the district shall represent one
share, and each owner shall be entitled to one vote in person or by proxy
for every acre of land owned by him in such district, and the five
persons receiving the highest number of votes shall be declared elected
as supervisors; and said supervisors shall immediately by lot determine
the terms of their office, which shall be respectively one, two, three,
four and five years, and they shall serve until their successors shall
have been elected and qualified. (RSMo 1939 § 12327)

Prior revisions: 1929 § 10746; 1919 § 4381; 1909 § 5507

(1955) Where acts of board in levying tax were acts of de facto officers,
the validity of such acts may not be questioned in action to collect tax
on ground supervisors were not legally elected. Ft. Osage Dr. Dist. v.
Jackson Co. (Mo.), 275 S.W.2d 326.

In the same month of each year after the election of the first
board of supervisors, the board of supervisors shall call a meeting of
the owners of land and other property in the district, in the same manner
as is provided for in section 242.150, and such owners shall meet at the
time and place fixed by the board of supervisors and elect one supervisor
therefor in like manner as prescribed in section 242.150, who shall hold
his office for five years or until his successor is elected and
qualified; and in case of a vacancy in any office of supervisors the
remaining supervisors may fill such vacancy until the next annual
meeting, when a successor shall be elected for the unexpired term;
provided, that after the report of the commissioners has been confirmed
by the court under the provisions of section 242.280, only the land and
other property having benefits assessed against it shall be entitled to
vote at the annual meetings held under the provisions of this section.
(RSMo 1939 § 12328)

Prior revisions: 1929 § 10747; 1919 § 4382; 1909 § 5508

The provisions of section 245.065, RSMo, relating to vacancies
in office of members of the board of supervisors of levee districts
resulting from improper election shall apply, insofar as practicable to
drainage districts organized under the provisions of sections 242.010 to
242.690. (RSMo 1939 § 12498, A. 1949 S.B. 1082)

Prior revisions: 1929 § 10908; 1919 § 4602

Each supervisor before entering upon his official duties shall
take and subscribe to an oath before some officer authorized by law to
administer oaths, that he will honestly, faithfully, and impartially
perform the duties devolving upon him in office as supervisor of the
drainage district in which he was elected, and that he will not neglect
any of the duties imposed upon him by sections 242.010 to 242.690. (RSMo
1939 § 12329)

Prior revisions: 1929 § 10748; 1919 § 4383; 1909 § 5509

1. In order to effect the drainage, protection and reclamation
of the land and other property in the district subject to tax, the board
of supervisors is authorized and empowered to clean out, straighten,
widen, change the course and flow, alter or deepen any ditch, drain,
river, watercourse, pond, lake, creek, bayou or natural stream in or out
of said district; to fill up any creek, drain, channel, river,
watercourse or natural stream; and to concentrate, divert or divide the
flow of water in or out of said district; to construct and maintain main
and lateral ditches, canals, levees, dikes, dams, sluices, revetments,
reservoirs, holding basins, floodways, pumping stations and syphons and
any other works and improvements deemed necessary to preserve and
maintain the works in or out of said district; to construct or enlarge or
cause to be constructed or enlarged any and all bridges that may be
needed in or out of said district across any drain, ditch, canal,
floodway, holding basin, excavation, public highway, railroad
right-of-way, tract, grade, fill or cut; to construct roadways over
levees and embankments; to construct any and all of said works and
improvements across, through or over any public highway, railroad
right-of-way, track, grade, fill or cut in or out of said district; to
remove any fence, building or other improvements in or out of said
district, and shall have the right to hold, control and acquire by
donation or purchase and, if need be, condemn any land, easement,
railroad right-of-way, sluice, reservoir, holding basin or franchise in
or out of said district for right-of-way, holding basin or for any of the
purposes herein provided, or for material to be used in constructing and
maintaining said works and improvements for draining, protecting and
reclaiming the lands in said district.

2. The board of supervisors shall also have the power and authority to
hold and control all water power created by the construction of works of
the district, and shall have power to construct and maintain
hydroelectric power plant or plants for the purpose of developing such
power for the use of the district, and to use any funds in the treasury
of the district not otherwise appropriated for the construction and
maintenance of such power plant or plants, and the board may lease any
surplus power in excess of that required for the uses of the district,
and the proceeds of such lease or leases shall be placed in the treasury
of the district.

3. The board may condemn for the use of the district, any land or
property within or without the district not acquired or condemned by the
court on the report of the commissioners assessing benefits and damages
and shall follow the procedure that is now provided by law for the
appropriation of land or other property taken for telegraph, telephone
and railroad rights-of-way.

4. The board of supervisors may invest any funds not immediately required
for the payment of the operating expenses of the district in the
following:

(1) Bonds, notes or certificates of indebtedness which are direct
obligations of the United States or bonds or other indebtedness, the
principal and interest of which are unconditionally guaranteed by the
United States;

(2) Accounts of any savings and loan association organized under the laws
of this state or another state, or the United States, which holds a
certificate of insurance from the Federal Savings and Loan Insurance
Corporation;

(3) Savings accounts and time deposits, including time certificates of
deposit in banking institutions. (RSMo 1939 § 12349, A.L. 1969 H.B. 53)

Prior revisions: 1929 § 10768; 1919 § 4402; 1909 § 5513

CROSS REFERENCES: Bi-state development agency, bonds of, investment in
authorized, RSMo 70.377 Multinational banks, securities and obligations
of, investment in, when, RSMo 490.950 Savings accounts in insured savings
and loan associations, investment in authorized, RSMo 369.194

1. The board of supervisors immediately after their election
shall choose one of their number president of the board, and elect some
suitable person secretary, who shall serve until the secretary's
successor is elected and qualified, and who shall be a resident of the
county or counties in which the district is situate or of an adjoining
county and may or may not be a member of the board.

2. Such board shall adopt a seal with a suitable device, and shall keep a
record of all its proceedings, which shall be open to the inspection of
all owners of real estate and other property of the district, as well as
to all other interested parties.

3. The board shall report to the landowners at the annual meeting held
pursuant to the provisions of section 242.160 what work has been done,
either by the engineers or otherwise.

4. At the annual meeting held pursuant to the provisions of section
242.160, the compensation to be received by the members of the board for
their services while actually engaged in work for the district shall be
determined. (RSMo 1939 § 12330, A.L. 1983 H.B. 236, A.L. 2002 S.B. 941)

Prior revisions: 1929 § 10749; 1919 § 4384; 1909 § 5510

1. The secretary of the board of supervisors in any drainage
district shall hold the office of treasurer of such district, except as
otherwise provided herein, and the treasurer shall receive and receipt
for all the drainage taxes collected by the county collector or
collectors of revenue, and the treasurer shall also receive and receipt
for the proceeds of all tax sales made pursuant to the provisions of
sections 242.010 to 242.690.

2. The treasurer shall receive a salary, payable monthly, such as the
board of supervisors may fix, and all necessary expenses; the board of
supervisors shall furnish the secretary and treasurer the necessary
office room, furniture, stationery, maps, plats, typewriter, and postage,
which office shall be in the county, or one of the counties, in which
such district is situate, or in an adjoining county, and the district
records shall be kept in such office.

3. The treasurer may appoint, by and with the advice and consent of the
board of supervisors, one or more deputies as may be necessary, whose
salary or salaries and necessary expenses shall be paid by the district.

4. The treasurer shall give bond in such amount as shall be fixed by the
board of supervisors, conditioned that the treasurer will well and truly
account for and pay out, as provided by law, all moneys received by the
treasurer as taxes from the county collector or collectors, and the
proceeds from the tax sales of delinquent taxes, and from any other
source whatever on any account or claim of said district, which bond
shall be signed by at least two sureties, approved and accepted by the
board of supervisors, and the bond shall be in addition to the bond for
the proceeds of sales of bonds, which is required by section 242.480. The
bond of the treasurer may, if the board shall so direct, be furnished by
a surety or bonding company, which shall be approved by the board of
supervisors; bond shall be placed and remain in the custody of the
president of the board of supervisors, and shall be kept separate from
all papers in custody of the secretary and treasurer.

5. The treasurer shall deposit all funds received by the treasurer in
some bank, banks, or trust company to be designated by the board of
supervisors. All interest accruing on such funds shall, when paid, be
credited to the district.

6. It shall be the duty of the board of supervisors to audit or have
audited the books of the treasurer of the district each year and make
report thereof to the landowners at the annual meeting and publish a
statement within thirty days thereafter, showing the amount of money
received, the amount paid out during such year, and the amount in the
treasury at the beginning and end of the year, and file a copy of such
statement in the office of the county clerk of each county containing
land embraced in the district.

7. The treasurer of the district shall pay out funds of the district only
on warrants issued by the district, said warrants to be signed by the
president of the board of supervisors and attested by the signature of
the secretary and treasurer. All warrants shall be in the following form:
$ ........... Fund ........... No. of warrant ............ Treasurer of
............ district, state of ............ .

Pay to ........ ........ dollars out of the money in ......... fund of
....... district for ......... .

By order of board of supervisors of ..... district.

(Seal) .....................,

President of district. Attest .....................,

Secretary of district. (RSMo 1939 § 12348, A.L. 1969 H.B. 53, A.L. 2002
S.B. 941)

Prior revisions: 1929 § 10767; 1919 § 4401; 1909 § 5533

1. Within sixty days after organizing the board of supervisors
shall appoint a competent civil engineer as chief engineer, who may be an
individual, copartnership or corporation, and who shall engage such
assistants as the board of supervisors may approve. The chief engineer
shall have control of the engineering work in said district. The chief
engineer may, by and with the consent of the board of supervisors,
consult any eminent engineer or engineers and obtain his or their opinion
and advice concerning the reclamation of lands in said district.

2. The said engineer or engineers shall make all necessary surveys of the
lands within the boundary lines of said district, as described by the
articles of association, and of all lands adjacent thereto that may or
will be improved or reclaimed in part or in whole by any system of
drainage or levees that may be outlined and adopted, and said engineer or
engineers, shall make a report in writing to the board of supervisors
with maps and profiles of said surveys, which report shall contain a plan
for draining, leveeing and reclaiming the lands and property described in
the articles of association or adjacent thereto from overflow of or
damage by water; said maps and profiles shall also indicate, so far as
necessary, the physical characteristics of the lands, and location of any
public roads, railroads and other rights-of-way, roadways and other
property or improvements located on such lands. (RSMo 1939 § 12331)

Prior revisions: 1929 § 10750; 1919 § 4385; 1909 § 5511

The chief engineer shall make a report in writing to the board
of supervisors once every twelve months and oftener if said board shall
so require. Upon receipt of the final report of said engineer concerning
surveys made of the lands and other property contained in the district
organized, and plans for reclaiming the same, the board of supervisors
shall adopt such report or any modification thereof approved by the chief
engineer after consulting with him or someone representing him, and
thereafter such adopted report shall be the plan for draining, leveeing
or reclaiming such lands and other property from overflow or damage by
water, and it shall after such adoption be known and designated as "The
Plan for Reclamation", which plan shall be filed with the secretary of
the board of supervisors and by him copied into the records of the
district. Supplemental plans for draining, leveeing or reclaiming the
lands and other property in the district from overflow or damage by water
may be adopted by the board of supervisors from time to time as deemed
necessary by the board of supervisors. The aforesaid supplemental plans
may supplement, alter or modify "The Plan for Reclamation" and shall
become a part thereof. (RSMo 1939 § 12332, A.L. 1977 S.B. 2)

Prior revisions: 1929 § 10751; 1919 § 4386; 1909 § 5512

1. Within twenty days after the adoption of the plan of
reclamation the secretary of the board of supervisors shall prepare and
transmit a certified copy thereof to the circuit clerk of the court
organizing the drainage district, and at the same time the board of
supervisors shall file with the circuit clerk a petition asking the judge
of the court to appoint commissioners to appraise the lands within and
without the district to be acquired for rights-of-way, holding basins and
other drainage works of the district, and to assess benefits and damages
accruing to all lands in the district and other property by reason of the
execution of the plan of reclamation.

2. Within thirty days after the filing of such petition the court shall,
by an order, appoint three commissioners, who shall be persons residing
within the state of Missouri, and who shall not be landowners in the
district nor of kin within the fourth degree of consanguinity to any
person owning land in the district. A majority of the commissioners shall
constitute a quorum and shall control the action of the board on all
questions. (RSMo 1939 § 12334, A.L. 1978 H.B. 1634, A.L. 1990 H.B. 1070)

Prior revisions: 1929 § 10753; 1919 § 4388; 1909 § 5514

1. Said circuit clerk upon the filing of said order of
appointment shall notify each of said commissioners of his appointment by
written or printed notice, and in the same he shall state the time and
place for the first meeting of said commissioners.

2. The secretary of the board of supervisors or his deputy shall attend
such meeting, and shall furnish to said commissioners a complete list of
lands, all corporate and other property described in the articles of
association or adjacent thereto that will be affected by carrying out and
putting into force the plan for reclamation, and the names of the owners
of such property, as were contained in the articles of association, at
the date of the decree of the court incorporating the district. Said
secretary shall also furnish said commissioners a copy of the plan for
reclamation, with maps and profiles in his office.

3. The commissioners at said meeting, or within ten days thereafter,
shall each take and subscribe to an oath that they will faithfully and
impartially discharge their duties as such commissioners and make a true
report of the work done by them. The said commissioners shall also at
said meeting elect one of their own number chairman, and the secretary of
the board of supervisors, or his deputy, shall be ex officio secretary of
said board of commissioners during their continuance in office. (RSMo
1939 § 12335)

Prior revisions: 1929 § 10754; 1919 § 4389; 1909 § 5515

1. Within thirty days after qualifying, as provided for in
section 242.250, the commissioners shall begin their duties. They may at
any time call upon the attorney of the district for legal advice and
information relative to their duties, and the chief engineer or one of
his assistants shall accompany the commissioners at all times and render
his opinion in writing when called for.

2. The commissioners shall proceed to view the premises and determine the
value of all land and other property, within or without the district, to
be acquired and used for rights-of-way, holding basins or other works set
out in the plan for reclamation. They shall assess the amount of
benefits, and the amount of damages, if any, that will accrue to each
governmental lot, forty-acre tract or other subdivision of land according
to ownership, public highways, railroad and other rights-of-way, railroad
roadways and other property from carrying out and putting into effect the
plan for reclamation heretofore adopted.

3. The commissioners in assessing the benefits to lands, public highways,
railroad and other rights-of-way, railroad roadways and other property
not traversed by such works and improvements as provided for in the plan
for reclamation, shall not consider what benefits will be derived by such
property after other ditches, improvements or other plans for reclamation
shall have been constructed, but they shall assess only such benefits as
will be derived from the construction of the works and improvements set
out in the plan for reclamation, or as the same may afford an outlet for
drainage or protection from overflow of such property. The commissioners
shall give due consideration and credit to any other drains, ditch or
ditches, levee or levees or other systems of reclamation which may have
already been constructed and which afford partial or complete protection
to any tract or parcel of land in the new district. The public highways,
railroad and other rights-of-way, roadways, railroad and other property
shall be assessed according to the increased physical efficiency and
decreased maintenance cost of roadways by reason of the protection to be
derived from the proposed works and improvements. The commissioners shall
have no power to change the plan for reclamation heretofore provided for.

4. The board of commissioners shall prepare a report of their findings,
which shall be arranged in tabular form, the columns of which shall be
headed as follows: Column one, "owner of property assessed"; column two,
"description of property assessed"; column three, "number of acres
assessed"; column four, "amount of benefits assessed"; column five,
"number acres taken for right-of-way"; column six, "value of property
taken"; column seven, "damages".

5. They shall also by and with the advice of the engineer of the district
estimate the cost of works set out in the plan for reclamation, which
estimates shall include the cost of property required for rights-of-way,
holding basins and other works and damages, and the probable expenses of
organization and administration, as estimated by the board of
supervisors, and shall tabulate the same. The report shall be signed by
at least a majority of the commissioners and filed in the office of the
circuit clerk of the court organizing the drainage district.

6. The secretary of the board of supervisors, or his deputy, shall
accompany the commissioners while engaged in their duties, and shall
perform all clerical work of the board; he shall also, under the advice,
supervision and direction of the attorney for the district, prepare their
report.

7. The board of commissioners shall report to the board of supervisors
the number of days each had been employed and the actual expenses
incurred. Each commissioner shall be paid an amount set by the court for
each day for his services, and necessary expenses in addition thereto.
(RSMo 1939 § 12336, A.L. 1985 H.B. 378)

Prior revisions: 1929 § 10755; 1919 § 4390; 1909 § 5516

Upon the filing of the report of the commissioners, the clerk of
said circuit court shall give notice thereof by causing publication to be
made once a week for three consecutive weeks in some newspaper, published
in each county in the district. It shall not be necessary for said clerk
to name the parties interested, but it shall be sufficient to say:

NOTICE OF FILING OF COMMISSIONERS' REPORT FOR

...... DRAINAGE DISTRICT.

Notice is hereby given to all persons interested in the following
described land and property in ...... County (or counties) Missouri (here
describe land and property) included within "...... drainage district"
that the commissioners heretofore appointed to assess benefits and
damages to the property and lands situate in said drainage district and
to appraise the cash value of the land necessary to be taken for
rights-of-way, holding basins and other works of said district within or
without the limits of said district, filed their report in this office on
the ...... day of ......, 20...., and you and each of you are hereby
notified that you may examine said report and file exceptions to all or
any part thereof, as provided by law.

.....................,

Clerk of the circuit court of ...... County, Missouri. provided, that
where lands in different counties are contained in said report, the said
notice shall be published in some newspaper in each county in which such
lands so affected are situate, and it shall not be necessary to publish a
list of all of said lands in each county, but only that part of same
situate in the respective counties. (RSMo 1939 § 12337)

Prior revisions: 1929 § 10756; 1919 § 4391; 1909 § 5517

(1953) Where notice of organization of drainage district to holder of
easement required by §§ 242.020 and 242.030 was not given, the notice and
opportunity for hearing on commissioner's report afforded by § 242.270
was ineffectual to comply with due process of law. Farmers Drainage Dist.
v. Sinclair Refining Co. (Mo.), 255 S.W.2d 745.

1. The drainage district or any owner of land or other property
in said district, may file exceptions to said report or to any assessment
for either benefits or damages, within ten days after the last day of
publication of the notice provided for in the preceding section. All
exceptions shall be heard by the court and determined in a summary manner
so as to carry out liberally the purposes and needs of the district, and
if it appears to the satisfaction of the court, after having heard and
determined all of said exceptions, that the estimated cost of
constructing the improvement contemplated in the plan for reclamation is
less than the benefits assessed against the land and other property in
said district, then the court shall approve and confirm said
commissioners' report as so modified and amended.

2. The court may at any time before final confirmation or approval refer
the report back to the commissioners with or without instructions, and
when the report is again filed, notice shall be given in the form and for
the time provided in section 242.270. Exceptions to the second report
shall be filed within ten days after the date of the last day of
publication, and heard and determined in a summary manner.

3. The court shall adjudge and apportion the costs incurred by the
exceptions filed and shall condemn any land or other property, within or
without the boundary lines of the district, that is shown by the report
of the commissioners to be needed for rights-of-way, holding basins and
other works, or that may be needed for material to be used in
constructing said works, following, as nearly as possible, the procedure
that is now provided for by law for the appropriation of land and other
property taken for telegraph, telephone and railroad rights-of-way.

4. The clerk of said circuit court shall transmit a certified copy of the
court decree and copy of the commissioners' report, as confirmed or
amended by the court, to the secretary of the board of supervisors of the
district, who shall make and transmit a certified copy of the said decree
and that part of the said report affecting land in each county to the
recorder of each county having lands in the district, or affected by the
said report, where the same shall become a permanent record and each such
recorder shall receive a fee of one dollar for receiving, filing and
preserving the same.

5. Any person may appeal from the judgment of the court, and upon such
appeal there may be determined either or both of the following questions:
First, whether just compensation has been allowed for property
appropriated and, second, whether proper damages have been allowed for
property prejudicially affected by the improvements. (RSMo 1939 § 12338)

Prior revisions: 1929 § 10757; 1919 § 4392; 1909 § 5518

If, after determining the objections made to the commissioners'
report, the court shall find that the estimated costs of works and
improvements as reported by the board of commissioners, or as amended by
the court, exceed the estimated benefits, the court shall then render its
decree, declaring the incorporation of the district to be dissolved as
soon as all costs incurred, which shall include court costs and all
obligations and expenses incurred in behalf of the district by the board
of supervisors shall have been paid, and if the uniform tax levied under
the provisions of section 242.430 be found insufficient to pay all such
costs, the board of supervisors shall make such additional uniform tax
levies as will be necessary to pay such deficiency; provided, that in
estimating the cost of constructing the works and improvements of the
district the amount of interest that might accrue upon bonds that may be
issued by the board of supervisors under the provisions of sections
242.010 to 242.690 shall not be considered as a part of the cost of
construction. (RSMo 1939 § 12362)

Prior revisions: 1929 § 10781; 1919 § 4413

1. Any decree or order of the court organizing any drainage
district, confirming the report of commissioners, extending or changing
the boundary lines of the district, reorganizing a district or otherwise
pertaining to any procedure of the district may be amended or changed at
any time by the court, by correcting the names of the landowners, by
adding or amending any such names, or by adding, amending or correcting
the description of any lands within the district, or that are alleged to
be within the boundary of such district, or any other way amend or change
any decree of the court pertaining to the district that may be deemed
necessary to better carry out and fulfill the objects and designs of the
drainage district without impairing the obligations of the district and
without relieving the security of any obligations executed by or in
behalf of any such districts.

2. When any such amendments are desired, the board of supervisors shall
present a petition to the court organizing the district, in which shall
be set forth the amendments or changes desired with the names of the
owners and description of lands to be affected by the proposed
amendments, changes or corrections; each owner of such lands not a party
to the original proceedings shall be served, if a resident of this state,
in the manner provided for by section 506.150, RSMo, and if a
nonresident, in the manner now provided by subsection 6 of section
506.160, RSMo, or by publication as provided by section 242.030; if
unknown, service shall be by publication in the manner provided for in
section 242.030; any landowner objecting to the petition may file
objections within fifteen days after the last publication of the notice
or if personal service is had, within fifteen days after service is had.

3. The matters in said petition and all objections if any be filed shall
be heard and determined by the court in a summary manner and as speedily
as possible. Any number of amendments or corrections may be included in
one petition, and any such amendments or corrections may be allowed or
rejected as may be found just and right by the court. (RSMo 1939 § 12366,
A. 1949 S.B. 1082)

Prior revision: 1929 § 10785

1. The board of supervisors for and in behalf of any drainage
district, organized under sections 242.010 to 242.690, may file a
petition in the office of the clerk of the court organizing said
district, asking permission to amend or change the plan for reclamation.
Said petition shall specifically set forth the change or amendment
desired and in case commissioners have already appraised the values of
lands to be taken for works set out in the plan for reclamation sought to
be amended and assessed the benefits and damages to the lands, said
petition shall ask for the appointment of three commissioners to appraise
the land to be taken for use in the district, assess benefits and damages
accruing to the lands of and property affected by the proposed amendment
or change.

2. Upon the filing of the said petition the clerk of said circuit court
shall cause a notice to be given to all the owners of land and other
property situated in said district. Said notice shall be given by
publication in some newspaper published in the county in which said
district was organized and said notice may be in the following form, and
shall be deemed sufficient for all purposes herein: State of Missouri )

) ss. County of ..........)

To the owners and all other persons interested in the land and corporate
property of ........ district of Missouri:

You, and each of you, are hereby notified that the .......... drainage
district of Missouri, by its board of supervisors, has filed in the
office of the circuit clerk of .......... County, Missouri, its petition
praying said circuit court for permission to amend or change (as the case
may be) its plan for reclamation and unless you show cause to the
contrary on or before the .... day of .........., 20...., the prayer of
said petition may be granted and said plan for reclamation may be amended
and changed accordingly, and commissioners appointed to appraise property
and to assess benefits and damages accruing to the lands or properties
affected by such changes.

.....................................

Clerk, Circuit Court ........ County. Said notice shall be inserted once
a week for two consecutive weeks in some newspaper published in each
county having lands in the district.

3. Any owner of land or property affected by the proposed change or
amendment shall have a right to file his objections to the granting of
the prayer of said petition within ten days after the last publication of
the notice herein provided for. Said court shall hear said petition and
any objections that may be filed against said petition in a summary
manner, and if it should appear from the testimony offered that the
objections should be sustained and that the plan for reclamation should
not be changed, or amended, then the court shall dismiss the petition.
But if it shall appear from the testimony offered that the prayer of said
petition should be granted in whole or in part, the court shall allow and
decree such change, or amendment. The clerk of said circuit court shall
make a certified copy of such finding and judgment and furnish the same
to the secretary of the board of supervisors who shall preserve the same
in his office.

4. At the same session of the court at which the plan for reclamation is
amended, changed or extended, the court may appoint three commissioners
who shall possess the qualifications defined in section 242.240, to view
the lands and other property affected by such change in the plan for
reclamation and to assess said lands and property with the benefits and
damages accruing thereto on account of the execution of the plan for
reclamation as changed or amended, and said commissioners shall make a
report to the court of their finding, after which the same proceeding
shall be had concerning said report as is now provided for hearing
objections to original reports appraising lands and assessing benefits
and damages; provided, that if said district shall have outstanding any
bonds or other negotiable evidences of indebtedness, any new assessment
of benefit made in accordance with this section shall not diminish the
total amount of the unpaid assessed benefits in said districts more than
ten percent, or below one hundred and twenty-five percent, of the amount
of the principal of such bond and other negotiable certificates of
indebtedness issued by said district. (RSMo 1939 § 12367, A.L. 1978 H.B.
1634)

Prior revision: 1929 § 10786

Effective 1-2-79

1. The board of supervisors of drainage districts organized
under sections 242.010 to 242.690 shall not have the right to enter upon
or appropriate any land for rights-of-way, holding basins or other works
of the districts, until the prices awarded to the owners of such land
shall have been paid to such owners or into the hands of the circuit
clerks of the courts organizing such districts for the use of such
owners; and if the sums awarded be not so paid within five years from the
date of filing the commissioners' reports, all proceedings as to the
taking of such property for rights-of-way, holding basins and other works
not so paid for shall abate at the cost of said district. Whenever any
land is acquired by any district under the provisions of said sections
and the price of such property has been paid the owner by the district,
the title, use, possession and enjoyment of such property shall pass from
the owner and be vested in the district, and subject to its use, profit,
employment and final disposition.

2. The price awarded for all land acquired by any district for
rights-of-way, holding basins, or other works and the amount of damages
assessed by the board of commissioners and confirmed by the court to any
tract or parcel of land or other property in the district, shall be paid
in cash to the owner thereof or to the clerk of the court for the use of
such owner, and that portion of any tract or parcel of land or other
property not taken for use of the district shall be assessed for the
benefits accruing in accordance with the provisions of sections 242.010
to 242.690. (RSMo 1939 § 12353)

Prior revisions: 1929 § 10772; 1919 § 4405

1. The board of supervisors of said district shall have full
power and authority to build, construct, excavate and complete all or any
works and improvements which may be needed to carry out, maintain and
protect the plan for reclamation. To accomplish that end the said board
of supervisors is hereby authorized and empowered to employ men and teams
and to purchase machinery, employ men to operate same and directly have
charge of and construct the works and improvements, or by the use of
other or more efficient means than provided for in the plans adopted.

2. They may, in their discretion, let the contract for such works and
improvements either as a whole or in sections, and when such contract or
contracts are let, they shall be advertised and let to the lowest and
best bidder, who shall give a good and approved bond, with ample
security, conditioned that he will well and promptly carry out the
contract for such work and improvements, which contract shall be in
writing and to which shall be attached and made a part thereof, complete
plans and specifications of the work to be done and the improvements to
be made under said contract, which plans and specifications shall be
prepared by the chief engineer and shall be incorporated in and attached
to the contract, which contract shall be prepared by the attorney for the
district, and before the work is commenced shall be approved by the board
of supervisors and signed by the president of the board and the
contractor, and shall be executed in duplicate.

3. The chief engineer shall be the superintendent of all the works and
improvements, and shall, whenever required, and at least once each year,
make a full report to said board of all work done and improvements made
and make such suggestions and recommendations to the board as he may deem
proper. However, if and when the state of Missouri or the United States
of America or any subdivision, department, division or agency thereof is
willing to construct the works and improvements provided for in the plan
for reclamation or any part thereof, the board of supervisors of the
district is authorized to cooperate with the agency to the fullest extent
and is hereby granted power and authority to accept any such work in aid
of the project, irrespective of whether it be by way of grant of funds,
labor, work, materials or otherwise and may, in the discretion of the
board of supervisors, give such assurances as may be required to obtain
the construction of the works and improvements provided for in the plan
for reclamation. (RSMo 1939 § 12339, A.L. 1976 S.B. 915)

Prior revisions: 1929 § 10758; 1919 § 4393; 1909 § 5526

Drainage districts organized or incorporated under this chapter
may contract with each other, and with any political subdivision of this
or any other state, and with districts organized or incorporated under
any other law of this state or under the laws of any other state, for
such outlets as the one may need and the other can furnish on such terms
as may be deemed to be just and fair. The cost of obtaining the outlets
shall be paid for as are other expenses of the district or political
subdivision for making improvements. If the districts or district and
political subdivision cannot agree upon the compensation to be paid for
the outlet, the district supplying the outlet, by action in the circuit
court of the county wherein the district or political subdivision for
which the outlet is supplied is organized or located, may recover from
the district or political subdivision fair and just compensation for
supplying the outlet. Any compensation received by the district shall be
applied to improving its ditches or levees or reducing taxation or
indebtedness. (L. 1953 p. 546 § 242.195, A.L. 1959 S.B. 182, A.L. 1971
H.B. 137)

1. Whenever it shall appear to the board of supervisors, after
the plan for reclamation has been filed with the clerk of the court
organizing said district and work has progressed thereunder, that some of
the ditches or other improvements called for in said plan are inadequate
and are not affording or giving to the lands adjacent to such ditch or
ditches or other improvements, substantially the same outlets for
drainage or protection from overflow that are afforded other lands in the
district equally taxed, the board of supervisors of said districts shall
have the power, authority and right, upon the recommendation of its chief
engineer, to enlarge or cause to be enlarged any ditches or other
improvements set out in the plan for reclamation and to construct or
cause to be constructed such additional ditches, levees, canals and other
improvements that may be necessary to afford such lands substantially
equal outlets for drainage and protection from overflow that are afforded
the other lands in said district, equally taxed, as a whole.

2. A description of said additional ditches and improvements found to be
necessary by the board of supervisors and its chief engineer shall be
filed with the secretary of the board of supervisors and entered upon the
record of said board, and a certified copy thereof shall be filed with
the clerk of the circuit court organizing said district, and thereafter
shall be a part of the plan for reclamation.

3. The cost of said additional ditches and improvements shall be paid for
out of the benefits assessed against all the lands in said district as
finally confirmed by the circuit court organizing said district, in the
same proportion and in the same manner as is provided for in the
constructing of ditches, levees and other improvements called for in the
original plan for reclamation; provided however, that the cost of
constructing the additional ditches and other improvements herein
provided for, shall not be levied against lands that have been annexed or
added to the district after it was organized, unless the additional
ditches and other improvements to be constructed shall directly benefit
the annexed lands. (RSMo 1939 § 12350)

Prior revision: 1929 § 10769

1. All bridges contemplated by sections 242.010 to 242.690 and
all enlargements of bridges already in existence shall be built and
enlarged according to and in compliance with the plans, specifications
and orders made or approved by the chief engineer of the district.

2. If any such bridge shall belong to any corporation, or be needed over
a public highway or right-of-way of any corporation, the secretary of
said board of supervisors shall give such corporation notice by
delivering to its agent or officer, in any county wherein said district
is situate, the order of the board of supervisors of said district
declaring the necessity for the construction or enlargement of said
bridge. A failure to construct or enlarge such bridge within the time
specified in such order shall be taken as a refusal to do said work by
said corporation, and thereupon the said board of supervisors shall
proceed to let the work of constructing or enlarging the same at the
expense of the corporation for the cost thereof, which costs shall be
collected by said board of supervisors from said corporation, by suit
therefor, if necessary. But before said board of supervisors shall let
such work, it shall give some agent or officer of said corporation, now
authorized by the laws of this state to accept service of summons for
said corporation, at least twenty days' actual notice of the time and
place of letting such work.

3. Any owner of land within or without the district may, at his own
expense, and in compliance with the terms and provisions of sections
242.010 to 242.690, construct a bridge across any drain, ditch, canal or
excavation in or out of said district.

4. All drainage districts shall have full authority to construct and
maintain any ditch or lateral provided in its plan for reclamation,
across any of the public highways of this state, without proceedings for
the condemnation of the same, or being liable for damages therefor.
Within ten days after a dredge boat or any other excavating machine shall
have completed a ditch across any public highway, a bridge adjudged
sufficient by the county commission of said county or counties shall be
constructed over such drainage ditch where the same crosses such highway,
and after such bridge has been constructed it shall become a part of the
road over which it is constructed and shall be maintained by the
authority authorized by law to maintain the road of which it becomes a
part.

5. When any drainage district has heretofore constructed or shall
hereafter construct a bridge over a drainage ditch where the same crosses
any public highway, said drainage district shall not be under obligation
thereafter to further maintain or reconstruct any such bridge or bridges
for more than twenty years after it first constructed or constructs such
bridge at said place. If said bridge has been constructed by the drainage
district and has become a part of said road and is then destroyed the
authorities having control of the road are authorized, if they desire, to
reconstruct such bridge, provided, however, the word corporation as used
in this section shall not apply to the state or any political or civil
subdivision thereof. (RSMo 1939 § 12354, A.L. 1949 p. 260)

Prior revisions: 1929 § 10773; 1919 § 4406; 1909 § 5503

(1952) The 1949 amendment to this section did not impair obligation of
contract because incorporation of district is not contract with residents
of district nor was it retrospective against plaintiff's cause of action.
Swisher Inv. Co. v. Brimson Drainage Dist., 362 Mo. 865, 245 S.W.2d 75.

(1976) Where old bridge collapsed, even though it had become "a part of
the road over which it is constructed", a county court has discretion not
to replace such a bridge and superior judicial courts are not authorized
to "restrain or coerce" a county court in its decision. Hoskins v. Shelby
Co. (Mo. Banc), 536 S.W.2d 1.

When any right-of-way has been obtained under sections 242.010
to 242.690, over any embankment belonging to any person, railroad,
tramway or other corporation, it shall be the duty of the owner of such
embankment to so raise at the expense of the owner, said embankment so
that same will conform with the levee of said district, and if such
person or corporation shall fail or refuse to raise such embankment in
the manner herein provided, said district may within three months after
it has finished the building of its own levee enter upon and raise the
embankment of said person or corporation to conform with said district
levee. And the cost for such construction shall be a first lien upon the
property of said person or corporation and such cost may be enforced in
any court of competent jurisdiction. (RSMo 1939 § 12355)

Prior revisions: 1929 § 10774; 1919 § 4407

1. At the time of the construction, in any district incorporated
under sections 242.010 to 242.690, of the plan for reclamation herein
referred to, all ditches or systems of drainage already constructed in
said district and all watercourses shall, if necessary to the drainage of
any of the lands in said district, be connected with and made a part of
the works and improvements of the plan of drainage of said district.

2. But no ditches, drains or systems of drainage constructed in said
district after the completion of the aforesaid plan of drainage of said
district, shall be connected therewith, unless the consent of the board
of supervisors shall be first had and obtained, which consent shall be in
writing and shall particularly describe the method, terms and conditions
of such connection, and shall be approved by the chief engineer. Said
connection, if made, shall be in strict accord with the method, terms and
conditions laid down in said consent.

3. If the landowner or owners wishing to make such connection are refused
by the board of supervisors or decline to accept the consent granted, the
said landowner or owners may file a petition for such connection in the
circuit court having jurisdiction in said district, and the matter in
dispute shall in a summary manner be decided by said court which decision
shall be final and binding on the district and landowner or owners.

4. No connection with the works or improvements of said plan of drainage
of said district or with any ditch, drain or artificial drainage wholly
within said district shall be made, caused or effected by any landowner
or owners, company or corporation, municipal or private, by means of or
with any ditch, drain, cut, fill, roadbed, levee, embankment or
artificial drainage, wholly without the limits of said district, unless
such connection is consented to by the board of supervisors, or in the
manner herein provided. (RSMo 1939 § 12376)

Prior revisions: 1929 § 10795; 1919 § 4425; 1909 § 5531

1. For the purpose of preserving any ditch, drain, dike, levee
or other work constructed or erected under the provisions of sections
242.010 to 242.690, the board of supervisors shall have power to appoint
an overseer or overseers of the district, who shall hold their positions
at the will of the board.

2. It shall be the duty of such overseer or overseers to keep the
ditches, drains, levees, dikes and other works of the district in good
repair, and remove all obstructions from ditches, drains or watercourses
within or without said district that may affect the works of the
district. It shall be the further duty of said appointees to report at
such times as the board may require the condition of the levees, drains
and other works of the district assigned to each by the board; to make
such examinations of all levees during high water periods as he may be
directed by the board of supervisors; and upon any emergency or danger to
levees or other works of the district, of which the overseer has charge,
he may call out all able-bodied men over sixteen years of age and under
fifty years within the district, and compel such persons to perform such
work as said overseer may deem necessary to be made in order to protect
the levees, grades or other works of the district.

3. Any person who shall refuse to perform such work assigned to him by
said overseer shall be deemed guilty of a misdemeanor and upon affidavit
made before any associate circuit judge of the county by the overseer or
any other person, that the offender has defaulted in obeying such call or
summons of said overseer, said associate circuit judge shall issue a
warrant for the arrest of such offender, and upon conviction before said
associate circuit judge, upon information or any other modes provided by
law for trials of cases of misdemeanor, he shall be fined in any sum not
less than twenty nor more than one hundred dollars, or imprisonment in
the county jail not less than fifteen nor more than sixty days, or both
such fine and imprisonment, at the discretion of the associate circuit
judge. For each day's work any person shall perform under such
requisition, he shall be paid the sum of one dollar and fifty cents out
of the funds of the district. (RSMo 1939 § 12368)

Prior revisions: 1929 § 10787; 1919 § 4417

The board of supervisors within sixty days after organizing
shall employ an attorney to act for the district and to advise said
board. Such employment shall be evidenced by an agreement in writing,
which, as far as possible, shall specify the exact amount to be paid to
said attorney for all services and expenses. Such attorney shall conduct
all legal proceedings and suits in court where the district is a party or
interested, and shall in all legal matters advise the said board of
supervisors, all officers, employees or agents of said district and
board, and generally look after and attend to all matters of a legal
nature for said board and district. When the said board may deem it
necessary, they may, by and with the advice of said attorney, and under
the like terms and conditions as above set forth, employ another attorney
or attorneys. (RSMo 1939 § 12351)

Prior revisions: 1929 § 10770; 1919 § 4403; 1909 § 5529

The board of supervisors, except where otherwise provided shall,
by resolution, at time of hiring or appointing, provide for the
compensation for work done and necessary expense incurred by any officer,
engineer, attorney or other employee and shall also pay the fees, per
diem and necessary expenses of all court and county officers who may by
virtue of sections 242.010 to 242.690 render service to said district. It
is understood that the ordinary fee statute does not apply to services
rendered under sections 242.010 to 242.690 by any county officer, but
each such officer shall receive only a reasonable compensation for
services actually rendered, the same to be fixed by the court in which
the proceeding is pending, except where otherwise provided in sections
242.010 to 242.690; that said corporation or petitioners for corporations
may prepare, write or print all copies of petitions, writs, orders and
decrees or other papers, and furnish same to the clerk or other officer
for his use, and in such event said officer shall be entitled to receive
as compensation for issuing the said writs and copies of petitions,
decrees, orders or other papers, only the reasonable value of the
services actually rendered. (RSMo 1939 § 12363)

Prior revisions: 1929 § 10782; 1919 § 4414; 1909 § 5527

CROSS REFERENCE: Fees of county and circuit clerks, RSMo 246.020, 246.030

The board of supervisors may at any time remove any officer,
attorney or other employee appointed or employed by said board. (RSMo
1939 § 12375)

Prior revisions: 1929 § 10794; 1919 § 4424; 1909 § 5528

The board of supervisors of any district organized under
sections 242.010 to 242.690 shall cause to be kept a well-bound book,
entitled "Record of board of supervisors of ...... district", in which
shall be recorded minutes of all meetings, proceedings, certificates,
bonds given by all employees and any and all corporate acts, which record
or records shall at all times be open to the inspection of anyone
interested, whether taxpayer or bondholder. (RSMo 1939 § 12352)

Prior revisions: 1929 § 10771; 1919 § 4404; 1909 § 5530

1. The board of supervisors of any drainage district organized
under the provisions of sections 242.010 to 242.690 shall as soon as
elected and qualified, levy a uniform tax of not more than one dollar per
acre upon each acre of land within such district, as defined by the
articles of association to be used for the purpose of paying expenses
incurred or to be incurred in organizing said district, making surveys of
the same and assessing benefits and damages and to pay other expenses
necessary to be incurred before said board shall be empowered by section
242.450 to provide funds to pay the total cost of works and improvements
of the district.

2. In case the boundary lines of the district be extended under the
provisions of section 242.050, so as to include lands and other property
not described and contained in the articles of association, the same
uniform tax shall be made on such lands and other property as soon as
same shall have been annexed and included in the district.

3. Such tax shall be due and payable as soon as assessed and if not paid
by December thirty-first of the year in which it has been levied, the
same shall become delinquent. It shall become a lien on the land and
other property against which it is assessed and shall be collected in the
same manner as the annual installment of tax. In case the sum received
from such assessment exceeds the total cost of items for which the same
has been levied, the surplus shall be placed in the general fund of the
district and used to pay cost of construction; provided, that if the
corporation of the district be dissolved, as provided for in section
242.290, the amount of surplus, if there be any, shall be prorated and
refunded to the landowners paying such uniform tax. (RSMo 1939 § 12333,
A.L. 1959 H.B. 314)

Prior revisions: 1929 § 10752; 1919 § 4387; 1909 § 5538

Nothing in sections 242.010 to 242.690 shall authorize or be
construed to authorize any uniform tax or any tax of any kind to pay any
expenses mentioned or referred to in section 242.430, in addition to or
in excess of the uniform tax of one dollar per acre upon each acre of
land within such districts mentioned in said section 242.430. (L. 1943 p.
519 § 12362A, A.L. 1959 H.B. 314)

(1980) Statute governing the cost of organization of a drainage district
does not limit right and duty of the court to order assessment of
additional levies to pay district's debts as part of proceedings of final
dissolution. Matter of Little Chariton Drainage Dist. (A.), 602 S.W.2d
916.

1. After the list of lands, and other property, with the
assessed benefits and the decree and judgment of court, have been filed
in the office of the county recorder as provided in section 242.280, then
the board of supervisors shall without any unnecessary delay, levy a tax
of such portion of said benefits on all lands, railroad and other
property in the district to which benefits have been assessed, as may be
found necessary by the board of supervisors to pay the costs of the
completion of the proposed works and improvements as shown in said plan
for reclamation and in carrying out the objects of said district, and
plus ten percent of said total amount for emergencies. The tax shall be
apportioned to and levied on each tract of land or other property in said
district in proportion to the benefits assessed and not in excess thereof.

2. Notwithstanding the limitations of sections 242.280 and 242.290 or any
tax levy limitation contained in this chapter, the board of supervisors,
having levied a tax pursuant to paragraph 1 of this section, may levy a
new tax of such portion of the assessed benefits on all lands, railroad
and other property in the district to which benefits have been assessed
whenever it is found necessary by the board of supervisors to pay the
cost of replacing, repairing and reconstructing drainage works and
improvements called for and completed pursuant to the plan for
reclamation originally adopted by the board of supervisors and in
carrying out the objects of said district. The tax levied under this
paragraph shall be apportioned to and levied on each tract of land or
other property in said district in proportion to the benefits assessed.

3. In case bonds are issued as provided herein and hereafter, then the
amount of the interest, as estimated by said board of supervisors, which
will accrue on such bonds shall be included and added to the tax levied
under either paragraph 1 or 2 of this section, but the interest to accrue
on account of the issuing of said bonds shall not be construed as a part
of the costs of construction in determining whether or not the expenses
and costs of making said improvements are or are not equal to or in
excess of the benefits assessed.

4. The secretary of the board of supervisors, as soon as and whenever
said total tax is levied, shall, at the expense of the district, prepare
a list of all taxes levied, in the form of a well-bound book, which book
shall be endorsed and named "Drainage Tax Record of ....................
Drainage District ..................", which endorsement shall also be
printed or written at the top of each page in said book, and shall be
signed and certified by the president and secretary of the board of
supervisors, attested by the seal of the district, and the same shall
thereafter become a permanent record in the office of said secretary.
(RSMo 1939 § 12340, A.L. 1977 S.B. 2)

Prior revisions: 1929 § 10759; 1919 § 4394; 1909 § 5519

1. The said board of supervisors shall each year thereafter
determine, order and levy the amount of the annual installment of the
total taxes levied under section 242.450; which shall become due and be
collected during said year at the same time that state and county taxes
are due and collected, which said annual installment and levy shall be
evidenced and certified by the said board not later than October
thirty-first of each year to the collector of revenue of each county, or
township, in which lands and other property of said district are situate.

2. The certificate of said installment tax shall be in substantially the
following form: State of Missouri, )

) ss County of ............... ) To ......... collector of the revenue of
said county, or township:

This is to certify that by virtue and authority of the provisions of
section 242.460, RSMo, the board of supervisors of "......... drainage
district of Missouri" have and do hereby levy the sum of $ ......... as
the annual installment of tax for the year 20.... of the total tax levied
under the provisions of section 242.450, RSMo, which said total tax has
heretofore been certified to the recorder of deeds of your county; and
said board of supervisors of said drainage district, by and with the
authority of section 242.490, RSMo, has levied also the sum of $.........
as a maintenance tax for said year; said annual installment of tax and
maintenance tax on the real estate and other property situate in your
county, or township, are set out in the following table, in which are:
First, the names of the present owners of said lands and other property
so far as now known; second, the descriptions of said lands and other
property opposite the names of said owners; third, the amount of said
installment of tax levied on each tract of real estate and other
property, and fourth, the said amount of maintenance tax levied against
the same.

The said taxes shall be collectible and payable the present year at the
same time that state and county taxes are due and collected, and you are
directed and ordered to demand and collect the said taxes at the same
time you demand and collect the state and county taxes due on the same
lands and other property, and this "drainage tax book" shall be your
warrant and authority for making such demand and collection.

Witness the signature of the president of the said board of supervisors,
attested by the seal of said district, and the signature of the secretary
of said board, this ......... day of ........., A.D. 20..... (SEAL)
...................................

President of Board of Supervisors. ........................... Secretary
of Board of Supervisors. Then shall follow a table or schedule showing in
properly ruled columns:

(1) The names of the present owners of said lands and other property so
far as now known;

(2) The descriptions of the said lands and other property opposite the
names of said owners;

(3) The amount of said annual installment tax levied on each tract of
land or piece of property;

(4) The amount of maintenance tax;

(5) A blank column in which the collector shall record the several
amounts as collected by him;

(6) A blank column in which the collector shall record the date of
payment of the different sums;

(7) A blank column in which the collector shall record the names of the
person or persons paying the several amounts, if other than the person
whose name appears in column one hereof.

3. The columns in which the annual installment tax and the maintenance
tax, if any, appear shall be correctly totaled and the total amount shall
correspond to the amount set out in the above mentioned certificate. The
said certificate and table shall be prepared in the form of a well-bound
book, which shall be endorsed and named "Drainage Tax Book, .........
Drainage District ......... County, or ......... Township of .........
County, Missouri, for the year 20....", which endorsement shall also be
printed at the top of each page in said book. (RSMo 1939 § 12341, A.L.
1953 p. 539)

Prior revisions: 1929 § 10760; 1919 § 4395; 1909 § 5520

1. Where the works set out in the plan for reclamation of any
drainage district is found insufficient to reclaim in whole or in part
any or all of the land and other property of the district the board of
supervisors shall have the right to formulate new or amended plans
containing new ditches, levees or other works, or providing for the
enlargement of existing ditches, levees or other works, and additional
assessments may be made in conformity with the provisions of section
242.260, the same to be made in proportion to the increased benefits
accruing to the lands and other property because of the additional works.

2. If it should be found at any time that the amount of total tax levied
under the provisions of section 242.450 is insufficient to pay cost of
works set out in the plan for reclamation or additional work done under
the provisions of this section the board of supervisors may make an
additional levy to provide funds to complete the work; provided, the
total of all levies of such tax does not exceed the total amount of
benefits assessed. (RSMo 1939 § 12374)

Prior revisions: 1929 § 10793; 1919 § 4423; 1909 § 5505

1. The board of supervisors may, if in their judgment it seems
best, issue bonds not to exceed ninety percent of the total amount of the
taxes levied under the provisions of section 242.450, in denominations of
not less than one hundred dollars, bearing interest from date at a rate
not to exceed six percent per annum, payable semiannually, to mature at
annual intervals within twenty years, commencing after a period of years
not later than five years, to be determined by the board of supervisors,
both principal and interest payable at some convenient banking house or
trust company's office to be named in said bonds, which said bonds shall
be signed by the president of the board of supervisors, attested with the
seal of said district and by the signature of the secretary of the said
board.

2. All of said bonds shall be executed and delivered to the treasurer of
said district, who shall sell the same in such quantities and at such
dates as the board of supervisors may deem necessary to meet the payments
for the works and improvements in the district. Said bonds shall not be
sold for less than ninety-five cents on the dollar, with accrued
interest, shall show on their face the purpose for which they are issued,
and shall be payable out of money derived from the aforesaid taxes.

3. A sufficient amount of the drainage tax shall be appropriated by the
board of supervisors for the purpose of paying the principal and interest
of the said bonds and the same shall, when collected, be preserved in a
separate fund for that purpose and no other. All bonds and coupons not
paid at maturity shall bear interest at the rate of six percent per annum
from maturity until paid, or until sufficient funds have been deposited
at the place of payment and the said interest shall be appropriated by
the board of supervisors out of the penalties and interest collected on
delinquent taxes or any other available funds of the district. Any
expense incurred in paying said bonds and interest thereon and a
reasonable compensation to the bank or trust company for paying same,
shall be paid out of other funds in the hands of the treasurer and
collected for the purpose of meeting the expenses of administration.

4. It shall be the duty of said board of supervisors in making the annual
tax levy, as heretofore provided, to take into account the maturing bonds
and interest on all bonds, and to make ample provisions in advance for
the payment thereof. In case the proceeds of the original tax levy made
under the provisions of section 242.450 are not sufficient to pay the
principal and interest of all bonds issued, then the board of supervisors
shall make such additional levy or levies upon benefits assessed as are
necessary for this purpose, and under no circumstances shall any tax
levies be made that will in any manner or to any extent impair the
security of said bonds or the fund available for the payment of the
principal and interest of the same.

5. Said treasurer shall, at the time of the receipt by him of said bonds,
execute and deliver to the president of the board of supervisors of the
said district, a bond with good and sufficient sureties, to be approved
by the said board of supervisors, conditioned that he shall account for
and pay over as required by law and as ordered to do by said board of
supervisors any and all money received by him on the sale of such bonds,
or any of them, and that he will only sell and deliver such bonds to the
purchaser or purchasers thereof under and according to the terms herein
prescribed, and that he will return, duly canceled, any and all bonds not
sold to the board of supervisors when ordered by said board so to do,
which said bond shall remain in the custody of the said president of said
board of supervisors, who shall produce the same for inspection or for
the use as evidence whenever and wherever legally requested so to do.

6. The said treasurer shall promptly report all sales of bonds to the
board of supervisors, which board shall, at reasonable times thereafter,
prepare and issue warrants in substantially the forms provided in section
242.210 for the payment of the maturing bonds so sold and the interest
payments coming due on all bonds sold. Each of said warrants shall
specify what bonds and accruing interest it is to pay, and the said
treasurer shall place sufficient funds at the place of payment to pay the
maturing bonds and coupons when due as well as a reasonable compensation
to the bank or trust company for paying same.

7. The successor in office of any such treasurer shall not be entitled to
said bonds or the proceeds thereof until he shall have complied with all
the foregoing provisions applicable to his predecessor in office.

8. The aforesaid bond of said treasurer, may, if the said board shall so
direct, be furnished by a surety or bonding company, which may be
approved by said board of supervisors; provided, if it should be deemed
more expedient to the board of supervisors, as to money derived from the
sale of bonds issued, said board may, by resolution, select some suitable
bank or banks or other depositary, as temporary treasurer or treasurers,
to hold and disburse said moneys on the orders of the board as the work
progresses, until such fund is exhausted or transferred to the treasurer
by order of the said board of supervisors.

9. The funds derived from the sale of said bonds or any of them shall be
used for the purpose of paying the cost of the drainage works and
improvements and such costs, expenses, fees and salaries as may be
authorized by law and used for no other purpose. (RSMo 1939 § 12369)

Prior revisions: 1929 § 10788; 1919 § 4418; 1909 § 5525

CROSS REFERENCES: Bond issues, proceeds and moneys for interest and
sinking fund to be kept separate, RSMo 108.180 to 108.230 Funding and
refunding bonds authorized, payment thereof, RSMo 108.140 to 108.160

1. The board of supervisors may, if in their judgment it seems
best, issue additional bonds which do not exceed ninety percent of the
amount of new taxes levied pursuant to paragraph 2 of section 242.450.
The funds derived from the sale of said bonds shall be used only to pay
the costs of replacing, repairing, and reconstructing the drainage works
and improvements called for and completed pursuant to the plan for
reclamation originally adopted by the board of supervisors.

2. The board of supervisors shall issue such additional bonds only if, at
a meeting called for such purpose, the issuance of the bonds obtains the
approval of the owners of two-thirds of the acreage in the district
having benefits assessed against it. The owners of property within the
district shall vote at such meeting in the manner provided in sections
242.150 and 242.160.

3. Notice for the meeting referred to in paragraph 2 shall be in
substantially the following form:

NOTICE OF MEETING OF ..............

DRAINAGE DISTRICT

Notice is hereby given to owners of land and other property in ..........
drainage district of Missouri that a meeting will be held on
.............., 20...., at ...... o'clock at .............. in ........
County for the purpose of approving the issuance of bonds to finance the
cost of replacing, repairing and reconstructing the drainage works and
improvements called for and contemplated in the plan for reclamation
originally adopted by the board of supervisors, and transacting such
further business as may come before said meeting. The meeting will be
open to the public.

Done by order of the Board of Supervisors this ....... day of
.............., 20....

....................................

Secretary of the Board of Supervisors

4. The secretary shall cause the notice of the meeting to be published
once a week for two consecutive weeks in some newspaper published in each
county in which lands of the district are situated, the last insertion to
be at least ten days before the day of such meeting.

5. The bonds shall be issued in all other respects pursuant to and in
accordance with the provisions of section 242.480. (L. 1977 S.B. 2)

1. To maintain and preserve the ditches, drains, levees or other
improvements made pursuant to sections 242.010 to 242.690 and to
strengthen, repair and restore the same, when needed, and for the purpose
of defraying the current expenses of the district, the board of
supervisors may, upon the completion of such improvements and on or
before the first day of September in each year thereafter, levy a tax
upon each tract or parcel of land and upon corporate property within the
district to be known as a "maintenance tax". The maintenance tax shall be
apportioned upon the basis of the net assessments of benefits accruing
for original construction or subsequently adjusted reassessments, shall
not exceed twenty percent thereof in any one year and shall be certified
to the collector of the revenue of each county in which lands of the
district are situated in the same book in like manner and at the same
time as the annual installment tax is certified, but in a separate
column, under the heading "maintenance tax".

2. The collector shall demand and collect the maintenance tax and make
return thereof and shall receive the same compensation therefor and be
liable for the same penalties for failure or neglect so to do as is
provided in this section for the annual installment tax, except that
after all annual installments of the total tax have become due, and
thereafter it is only desired and necessary to levy and collect such
maintenance tax, the board of supervisors of such drainage districts may,
by resolution, provide that in the tax books containing the maintenance
tax, it shall be sufficient if the several governmental lots, forty-acre
tracts or other subdivisions of land as they appear in the decree of the
circuit court organizing the district, be conveniently combined and
described together, if contiguous, according to each ownership, and the
names of the owners thereof as they may appear in the deed records, may
be used in such tax book, and the certificate thereof, as provided by
section 242.460 may conform thereto. The amount of the maintenance tax
levied against such combined tracts shall be the same as the aggregate of
the tax if levied against each separate tract and errors in the combined
descriptions of such lands or in the names of the owners thereof, or in
the amount of such maintenance tax as they appear in such book, shall not
affect the validity of such tax or the lien thereof, and any such errors
may at any time be corrected by resolution of the board of supervisors of
such drainage district. (RSMo 1939 § 12370, A.L. 1990 S.B. 777)

Prior revisions: 1929 § 10789; 1919 § 4419

(1958) Appeal from action to recover maintenance taxes levied by drainage
district and impose a lien on realty of defendant did not involve
construction of revenue laws nor title to realty within the meaning of
this section. Fort Osage Drainage District of Jackson County v. Foley
(Mo.), 312 S.W.2d 144.

1. Whenever the owners of twenty-five percent or more of the
acreage of the lands in the district shall file a petition with the
circuit clerk in whose office the articles of association were filed,
stating that there has been a material change in the values of the
property in the district since the last previous assessment of benefits
or readjustment of the assessment of benefits and praying for a
readjustment of the assessment of benefits for the purpose of making a
more equitable basis for the levy of the maintenance tax or for the
purpose of levying a new tax to pay the costs of the completion of the
proposed works and improvements as shown in the supplemental plan for
reclamation adopted by the board of supervisors pursuant to section
242.230, or for both of the aforesaid purposes, the circuit clerk shall
give notice of the filing and hearing of the petition in the manner and
for the time provided for in section 242.030. The notice may be in the
following form:

Notice is hereby given to all persons interested in the lands and
property included within the ......... district that a petition has been
filed in the office of the clerk of the circuit court of ...... County,
........., praying for a readjustment of the assessment of benefits for
the purpose(s) of .............., and that the petition will be heard by
the circuit court on the ......... day of ........., 20.....
..............................,

Clerk of the circuit court ............. County

Upon hearing of the petition if the court finds that there has been a
material change in the values of property in the district since the last
previous assessment of benefits, the court shall order that there be made
a readjustment of the assessment of benefits for the purpose of providing
a basis upon which to levy the maintenance tax of the district or for the
purpose of levying a new tax to pay the costs of the completion of the
proposed works and improvements as shown in the supplemental plan for
reclamation adopted by the board of supervisors pursuant to section
242.230, or for both of the aforesaid purposes.

2. Thereupon the court shall appoint three commissioners, possessing the
qualifications of commissioners appointed under section 242.240 to make
such readjustment of assessments in the manner provided in section
242.260 and the commissioners shall make their report, and the same
proceedings shall be had thereon, as nearly as may be, as are herein
provided for the assessment of benefits accruing for original
construction; provided, that in making the readjustment of the assessment
of benefits, the commissioners shall not be limited to the aggregate
amount of the original or any readjustment of the assessment of benefits,
and may assess the amount of benefits that will accrue from carrying out
and putting into effect such supplemental plan for reclamation adopted by
the board of supervisors pursuant to section 242.230. After the making of
such readjustment, the limitation of twenty percent of the annual
maintenance tax which may be levied shall apply to the amount of benefits
as readjusted, and the limitation of the tax which may be levied for
payment of the costs of the completion of the proposed works and
improvements as shown in the aforesaid supplemental plan for reclamation
shall apply to the amount of the benefits as readjusted. There shall be
no such readjustment of benefits oftener than once in a year. The list of
lands, and other property, with the readjusted assessed benefits and the
decree and judgment of the court, shall be filed in the office of the
county recorder as provided in section 242.280. (RSMo 1939 § 12371, A.L.
1977 S.B. 2, A.L. 1978 H.B. 1634, A.L. 1985 H.B. 378, A.L. 1990 S.B. 777)

Prior revisions: 1929 § 10709; 1919 § 4420

1. If the board of supervisors deem it necessary, the board
shall, without unnecessary delay, levy a tax of such portion of said
readjusted assessed benefits on all lands, railroad and other property in
the district to which benefits have been assessed, as may be found
necessary by the board of supervisors to pay the costs of the completion
of the proposed works and improvements as shown in the supplemental plan
for reclamation adopted by the board of supervisors pursuant to section
242.230 and in carrying out the objects of said district, and plus ten
percent of said total amount for emergencies. The tax levied pursuant to
this section shall be apportioned to and be levied on each tract of land
or property in said district in proportion to the readjusted assessed
benefits, provided that the amount of such tax levied pursuant to this
section, when added to any taxes previously levied and remaining unpaid
at the time of the levy provided for in this section, shall not exceed
the total amount of the readjusted assessed benefits.

2. The tax shall be levied in the manner provided in sections 242.450 and
242.460. (L. 1977 S.B. 2)

1. The board of supervisors may, if in their judgment it seems
best, issue bonds which, when added to the bonded indebtedness then
outstanding, do not exceed ninety percent of the total amount of taxes
levied pursuant to section 242.502. The funds derived from the sale of
said bonds shall be used to pay the costs of drainage works and
improvements as shown in the supplemental plan for reclamation adopted by
the board of supervisors pursuant to section 242.230 and to refund
outstanding protested warrants.

2. The bonds shall be issued pursuant to and in accordance with the
provisions of section 242.480. (L. 1977 S.B. 2)

1. Notwithstanding the limitations of sections 242.280 and
242.290 or any tax levy limitation contained in this chapter, the board
of supervisors, having levied a tax pursuant to section 242.502, may levy
a new tax and, if necessary, issue additional bonds whenever it is found
necessary by the board of supervisors to pay the cost of replacing,
repairing and reconstructing the drainage works and improvements called
for and completed pursuant to the supplemental plan for reclamation
adopted by the board of supervisors. Any tax levied pursuant to this
section shall be apportioned to and levied on each tract of land or
property in said district in proportion to the readjusted assessed
benefits. The tax authorized by this section shall be levied in the
manner provided by sections 242.450 and 242.460.

2. The additional bonds authorized in paragraph 1 of this section shall
be issued pursuant to and in accordance with the provisions of sections
242.480 and 242.485, provided that the additional bonds do not exceed
ninety percent of the amount of new taxes levied pursuant to this
section. (L. 1977 S.B. 2)

In all cases where drainage districts have been organized under
proceedings in any circuit court of the state, prior to April 8, 1905,
the board of supervisors, instead of having commissioners appointed to
assess benefits or damages, may, for the purpose of constructing drainage
works in their district, as well as for purpose of maintaining and
keeping same in repair, and for paying principal and interest upon bonds,
if any are issued, levy each year, so long as necessary, a level rate of
taxation, not exceeding one dollar in any one year, upon each acre of the
lands in said district, and which levy shall be made and certified by
such board to the collector of revenue of the proper county not later
than the first day of September of each year, and which shall by the
clerk be extended upon the tax books of the county for that year and
collected by the collector in the same manner as other taxes. (RSMo 1939
§ 12386)

Prior revisions: 1929 § 10805; 1919 § 4435; 1909 § 5535

1. In drainage districts so making level assessments, the board
of supervisors thereof may, with the consent of the owners of not less
than three-fifths of the lands embraced in such districts, given at an
election held in the district for that purpose, upon a notice, the same
as required for the election of supervisors, for the purpose of
constructing new works or of repairing or extending old ones, as well as
for making surveys and acquiring rights-of-way, borrow upon the credit of
the district a sum or sums the principal of which shall at no time exceed
six dollars for each acre in the district. In voting at such an election,
or at any election by the landowners, any landowner, not present, may
vote by written proxy.

2. Loans negotiated under this section shall not run longer than twenty
years nor bear more than six percent semiannual interest, nor shall the
bonds be sold for less than ninety cents on the dollar clear to the
district. Upon negotiating any such loan, it shall be the duty of the
board of supervisors to make a levy of such sum, not exceeding fifty
cents per acre in any one year, as will be sufficient to pay the
principal and interest on such bonds as they mature. (RSMo 1939 § 12387)

Prior revisions: 1929 § 10806; 1919 § 4436; 1909 § 5536

Nothing contained in sections 242.510 and 242.520 shall be
construed as preventing the board of supervisors and other officers of
any drainage district formed prior to April 8, 1905, from proceeding
under the act to which this is amendatory, and to that end they may
prepare and file revised topographical surveys and plans of drainage for
their district, such revised surveys and plans to embrace and use as far
as practicable those already made. (RSMo 1939 § 12388)

Prior revisions: 1929 § 10807; 1919 § 4437; 1909 § 5537

1. It shall be the duty of the collector of revenue of each
county in which lands or other property of any drainage district
organized under sections 242.010 to 242.690 are situate to receive the
drainage tax book each year, and he is hereby empowered and it shall be
his duty to promptly and faithfully collect the tax therein set out and
to exercise all due diligence in so doing. He is further directed and
ordered to demand and collect such taxes at the same time that he demands
and collects state and county taxes due on the same lands and other
properties. Where any tract or part thereof has been divided and sold or
transferred, the collector shall receive taxes on any part of any tract,
piece or parcel of land or other property, charged with such taxes and
give his receipt accordingly. The above and foregoing drainage tax book
shall be the warrant and authority of the collector for making such
demand and collection.

2. The said collector shall make due return of all drainage tax books
each year to the secretary of the board of supervisors of the aforesaid
drainage district, and shall pay over and account for all moneys
collected thereon each year to the treasurer of said district at the same
time when he pays over state and county taxes. Said collector shall in
said drainage tax book, verify by affidavit his said return.

3. The said secretary shall each year, within ten days after the return
of said collector is delivered to him, prepare and certify to said
collector a drainage back tax book containing the list of lands and other
property so returned by said collector as delinquent, deliver the same to
him and take his receipt therefor, and said collector shall proceed to
collect such delinquent drainage taxes and demand payment therefor in the
same manner as herein provided for the collection of current drainage
taxes.

4. Before receiving the aforesaid drainage tax book the collector of each
county in which lands or other property of the drainage district are
located shall execute to the board of supervisors of the district a bond
with at least two good and sufficient sureties in a sum that is equal to
the probable amount of any annual installment of said tax to be collected
by him during any one year, conditioned that said collector shall pay
over and account for all taxes so collected by him according to law. Said
bond after approval by said board of supervisors shall be deposited with
the secretary of the board of supervisors, who shall be custodian thereof
and who shall produce same for inspection and use as evidence whenever
and wherever lawfully requested to do. (RSMo 1939 § 12342)

Prior revisions: 1929 § 10761; 1919 § 4396; 1909 § 5520

If any county collector of the revenues refuses, fails or
neglects to make prompt payment of the tax or any part thereof collected
under sections 242.010 to 242.690 to the secretary, then he shall pay a
penalty of ten percent on the amount of his delinquency. The penalty
shall at once become due and payable and both he and his securities shall
be liable therefor on his bond. (RSMo 1939 § 12344, A.L. 1955 p. 605,
A.L. 1961 p. 444)

Prior revisions: 1929 § 10763; 1919 § 4398; 1909 § 5521

1. In counties where the provisions of chapter 65, RSMo, are, or
may hereafter be in force, the secretary of the board of supervisors
shall extend all drainage taxes under the provisions of sections 242.010
to 242.690 on separate tax books for the respective townships in which
such lands are situate, and such tax books shall be certified to the
collector-treasurer at the same time and in the same manner as provided
for county collectors.

2. Such taxes shall be collected by such collector-treasurer at the same
time and in the same manner as state and county taxes are collected, and
each collector-treasurer shall give bond, have the same authority to
collect such taxes, receive the same compensation therefor and pay over
such taxes to the secretary of board of supervisors, as provided for
county collectors under said sections, and shall be subject to the same
penalties and liabilities. Such collector-treasurer shall make due return
of such tax books under oath in the same manner as required of county
collectors.

3. The delinquent drainage taxes shall be certified by the secretary of
the board of supervisors to the county collector-treasurer of delinquent
taxes, who shall collect such delinquent drainage taxes at the same time
and in the same manner as is herein provided for the collection of the
delinquent drainage taxes in counties not under the provisions of chapter
65, RSMo. The said collector-treasurer of delinquent taxes shall give
bond, have the same authority to collect such taxes, receive the same
compensation therefor and pay over the said taxes to the treasurer of the
drainage district as is provided for county collectors under sections
242.010 to 242.690, and shall be subject to the same penalties and
liabilities.

4. All township drainage tax books, and the return of the collectors of
such books, shall be taken as prima facie evidence in all courts of all
matters therein contained, and that the delinquent tax shown in such
books was properly levied and extended against such lands and remains
unpaid. The lien of such tax shall be enforced and suits to collect such
delinquent tax shall be instituted and prosecuted in the same manner
provided by said sections, except such suits shall be instituted by the
drainage district on tax bills duly made out and certified by the county
collector-treasurer of delinquent taxes. (RSMo 1939 § 12377, A.L. 2005
H.B. 58 merged with S.B. 210)

Prior revisions: 1929 § 10796; 1919 § 4426

1. Any person or corporation, copartnership or other parties
owning lands and other property assessed for the construction of any
ditch or other improvement under the provisions of sections 242.010 to
242.690, shall have the privilege of paying such tax assessment to the
treasurer of the board of supervisors at any time on or before a date to
be fixed by the board of supervisors and the amount to be paid shall be
the full amount of the tax levied, less any amount added thereto to meet
interest.

2. When such tax assessment has been paid, the secretary of the board
shall enter upon the drainage tax record opposite each tract for which
payment is made the words "paid in full", and such tax assessment shall
be deemed satisfied, and the secretary of the board of supervisors shall
also make or cause to be made the same entry opposite each tract for
which payment is made in the table included in the certificate filed in
the office of the recorder of deeds, under the provisions of section
242.590. (RSMo 1939 § 12378)

Prior revisions: 1929 § 10797; 1919 § 4427

All taxes provided for in sections 242.010 to 242.690 remaining
unpaid after December thirty-first of the year for which said taxes were
levied shall become delinquent and bear a penalty of one percent per
month on the amount of said taxes from date of delinquency until paid. In
computing said penalty each fractional part of a month shall be counted
as a full month. (RSMo 1939 § 12343)

Prior revisions: 1929 § 10762; 1919 § 4397

1. All drainage taxes provided for in sections 242.010 to
242.690, together with all penalties for default in payment of the same,
all costs in collecting the same, including a reasonable attorney's fee,
to be fixed by the court and taxed as costs in the action brought to
enforce payment, shall, from date of filing the certificate herein
described in the office of the recorder of deeds for the county wherein
the lands and properties are situate, until paid, constitute a lien, to
which only the lien of the state for general state, county, school and
road taxes shall be paramount, upon all the lands and other property
against which such taxes shall be levied as is provided in said sections.
Such lien shall be evidenced by a certificate substantially in the
following form, to wit: State of Missouri, )

) ss County of ........... ) To ...., recorder of deeds of said county:

This is to certify that by virtue and authority of the provisions of
section 242.450, RSMo, the board of supervisors of drainage district, in
which are situate lands and other property in the counties of ..... in
the state of Missouri, have and do hereby certify the tax authorized by
the said section, which tax and the land and other property against which
the same are levied in your county are described in the following table,
in which table are: First, the names of the owners of said land and other
property as they appeared in the decree of the circuit court organizing
said district; second, the descriptions of the said land and other
property opposite the names of said owners; and third, the amount of said
taxes levied on each tract of land or piece of property (here insert such
table). The said tax shall be payable in annual installments; the amount
of each installment as well as the amount of the maintenance tax will be
determined and certified to the county collector of your county not later
than the first day of September of each year. The aforesaid tax and such
maintenance taxes as may be levied from time to time are hereby declared
a lien, to which only the lien of the state for general state, county,
school and road taxes shall be paramount upon all land and other property
herein and heretofore described.

Witness the signature of the president of said board of supervisors,
attested by the seal of said district and the signature of the secretary
of said board, this ..... day of ...., A.D. 20...

......................

President. (Seal) Attest .....................,

Secretary.

2. The certificate and tables specified in this section shall be prepared
in a well-bound book and filed in the office of each of the recorders of
the counties having lands in said district as the same may affect the
land or other property in his county, where the same shall become a
permanent record of the office. The said book or books shall be prepared
by the secretary of the board of supervisors at the expense of the
drainage district, shall be designated as the "Drainage Tax Record", and
each recorder shall receive a fee of one dollar for filing said book and
preserving the same. (RSMo 1939 § 12345)

Prior revisions: 1929 § 10764; 1919 § 4399; 1909 § 5523

1. The drainage tax book of the district, as returned by the
collector of the revenue to the secretary of the board of supervisors of
the drainage district, shall be prima facie evidence in all courts of all
matters therein contained.

2. The liens established and declared in the preceding sections may and
shall be enforced by an action on delinquent tax bills, made and
certified by the county collector, which action shall be instituted in
the circuit court without regard to the amount of the claim within six
months after December thirty-first of the year for which said taxes were
levied. The suit shall be brought in the corporate name of the district
by its attorney against the land or lands, property or properties, on
which such drainage tax has not been paid. The suit shall be brought in
the county in which the property is situate, except when the tract or
property sued upon be in more than one county, in which event the suit
may be brought on the whole tract, parcel or property, in any county in
which any portion thereof may be situate. The pleadings, process,
proceedings, practice and sales, in cases arising under sections 242.010
to 242.690, shall, except as herein provided, be the same as in an action
for the enforcement of the state's lien for delinquent general taxes upon
real estate.

3. All sales of lands made under this section shall be by the sheriff, as
is now provided under the general revenue law. All sheriff's deeds
executed and delivered pursuant to said sections shall have the same
probative force as deeds executed under judgments for delinquent general
state taxes and in actions instituted under said sections the same
abbreviations shall be allowed and the aforesaid drainage tax book shall
have the same probative effect as the back tax bill has in actions for
the enforcement of the state's lien for general taxes upon real estate.
The title acquired through any sale of lands or other property under the
aforesaid proceedings shall be subject to the lien of all subsequent
annual installments of drainage tax.

4. In all suits for the collection of delinquent taxes, the judgment for
said delinquent taxes and penalty shall also include all costs of suit
and a reasonable attorney's fee to be fixed by the court, recoverable the
same as the delinquent tax and in the same suit. The proceeds of sales
made under and by virtue of said sections shall be paid at once to the
aforesaid treasurer and shall be accounted for by him the same as the
drainage taxes. (RSMo 1939 § 12346)

Prior revisions: 1929 § 10765; 1919 § 4400; 1909 § 5524

(1955) Where acts of board in levying tax were acts of de facto officers,
the validity of such acts may not be questioned in action to collect tax
on ground supervisors were not legally elected. Ft. Osage Dr. Dist. v.
Jackson Co. (Mo.), 275 S.W.2d 326.

(1955) Land tax collection law held not applicable to action by drainage
district to collect tax from county. Ft. Osage Drainage District v.
Jackson County (Mo.), 275 S.W.2d 326.

(1955) District could maintain common law action to recover drainage tax
from county chargeable with maintenance of public highways. Ft. Osage
Drainage Dist. v. Jackson County (Mo.), 275 S.W.2d 326.

(1958) District in its corporate capacity, rather than county collector,
held proper party to action to collect drainage maintenance tax and its
attorney was entitled to an allowance of a fee. Fort Osage Drainage Dist.
of Jackson Co. v. Foley (A.), 319 S.W.2d 687.

1. Whenever any drainage or levee district heretofore or
hereafter organized or reorganized and existing under any of the drainage
or levee laws of the state of Missouri, shall hereafter institute an
action, in the manner now provided by law, to enforce the collection of
unpaid delinquent annual assessments levied by it, such district shall
cause said action to be instituted against the last record owner or
owners of the land against which the delinquent assessments sued for were
levied, as shown by the records in the recorder's office of the county in
which the land is located and shall also join as parties defendant the
trustee and beneficiaries shown by all recorded deeds of trust, mortgages
or vendors' liens, which create a lien on the land involved in any such
suit that may be instituted and no other parties shall be necessary or
required, except as herein provided.

2. On the same day that any such action shall be filed for and in behalf
of any such district, its attorney, so filing such action, shall also
file in the recorder's office of the county where such land is located, a
written notice, verified by him showing in tabulated form, the docket
number of each of the respective suits that may be filed in the office of
the clerk of the circuit court, the name of the plaintiff district, the
names of all defendants in each suit filed, a description of the land
included in each suit, the years in which the delinquent assessments were
levied and the amount then due on each parcel of land described in said
notice, when such suit was filed. Such notice shall be filed by the
recorder and recorded by him in a well-bound book as other instruments
are recorded in his office. The recorder shall be entitled to a fee of
one dollar for filing and recording such notice, to be paid by district
filing same. Such notice, when so filed, shall constitute due and proper
notice to all parties, except those required to be made parties defendant
as herein provided, then having or asserting, or who may subsequently
acquire or assert any right, title, claim or interest in and to said
land, of the filing of said suit to enforce the collection of said
special assessments, irrespective of whether any such parties then hold
unrecorded conveyances affecting the title to the land included in such
suit, including an assignment of any note secured by deed of trust,
mortgage or vendors' lien on the said land, or whether they have acquired
by conveyances some such right, title, claim and interest in and to said
land, or an assignment of any note secured by deed of trust, mortgage or
vendors' lien on said land, subsequent to the filing of said notice.

3. If anyone shall, at the time of filing such suit and notice, hold an
unrecorded instrument or conveyance affecting the title to the land
included in such suit or if anyone shall acquire any such right, title,
claim or interest in and to said land so included in any such suit, after
the filing of said suit and notice, or if anyone shall become the
assignee of notes secured by deeds of trust, mortgages or vendors' liens
on the land included in any such suit, each of them shall have the right
and it shall be their duty to intervene as parties defendant in any such
suit so filed on or before the first day of the return term of the
summons issued when said suit is filed, and make defense to said suit, if
they so desire. Upon their failure so to do, they shall be bound by any
judgment that may be rendered by the court in any said suit just as
though they had been joined as defendants and served with process therein
and their interest, if any, along with the interest of all named
defendants in and to said land shall, if judgment be rendered for
plaintiff, be sold on execution in the manner now provided by law and all
the right, title, claim and interest of all parties in and to said land,
shall pass to and be acquired by the purchaser of said land at the
execution sale based upon the judgment obtained in said suit, unless said
delinquent assessments so sued for shall have been previously paid. (L.
1941 p. 351 § 1)

1. To protect said lien of said drainage taxes upon the lands
and other property against which said taxes shall be levied, in any case
where delinquent lands are offered for sale for such delinquent taxes,
and the amount of the tax due, together with interest, cost, and
penalties is not bid for the same, the board of supervisors shall have
authority to bid or cause to be bid, not to exceed the whole amount due
thereon, as aforesaid, in the name of the drainage district, and in case
such bid is the highest bid, the sheriff shall sell and convey such lands
to such drainage district, and such lands shall thereupon become the
property of the drainage district, and may be held, disposed of, and
conveyed by the board of supervisors at such price and on such terms, as
in the discretion of the board of supervisors may be to the best interest
of the district.

2. If such lands, or other property, are sold by the board of supervisors
the purchasers thereof shall take the same subject to all said drainage
taxes thereafter becoming due, the same as all other lands and other
property in the district.

3. The board of supervisors shall also have authority to protect the lien
of the drainage district for drainage taxes by paying the general, state,
county, school and road taxes, and in case the lien of the state for such
general, state, county, school and road taxes is foreclosed, and the
land, or other property, sold for such general taxes, and the said
drainage district is not made a party to the proceedings foreclosing the
said lien for such general taxes, the said board of supervisors shall be
authorized at any time within one year after said sale to redeem such
lands, by paying not to exceed the whole amount of such taxes, together
with penalties and costs accrued thereon. (RSMo 1939 § 12347)

Prior revision: 1929 § 10766

CROSS REFERENCE: Delinquent taxes, drainage district may redeem lands,
when, RSMo 140.380

Any warrant issued under sections 242.010 to 242.690 that is not
paid when presented to the treasurer of the board of supervisors of the
district, because of lack of funds in the treasury, such fact shall be
endorsed on the back of such warrant, and such warrant shall draw
interest thereafter at a rate of not more than twelve percent per annum,
until such time as there is any money on hand to pay the amount of the
warrant and the interest then accumulated, but no interest shall be
allowed on warrants after such time when sufficient funds are in the
treasury to pay the endorsed warrants and interest. (RSMo 1939 § 12356,
A.L. 1985 H.B. 378)

Prior revisions: 1929 § 10775; 1919 § 4408; 1909 § 5532

All surety bonds required to be given by sections 242.010 to
242.690 shall be made payable to the district by its corporate name, in
which name all suits shall be instituted and prosecuted. All penalties
herein named shall be payable to and recoverable by said district. All
bonds required by said sections shall cover defaults of deputies, clerks
or assistants of the officers appointing them. (RSMo 1939 § 12357)

Prior revisions: 1929 § 10776; 1919 § 4409; 1909 § 5522

1. No change of venue shall be allowed in any of the proceedings
had under the provisions of sections 242.010 to 242.690, except where the
judge of the court in which the articles of association have been filed
shall be disqualified for any of the reasons stated in the statute of
this state relating to the change of venue in civil cases.

2. If the judge of such court is disqualified or is charged by any person
interested in the formation of said district with being disqualified for
any of the reasons stated in the statutes, it shall be the duty of said
judge to cause another judge to be transferred or assigned to hear the
cause in the same manner as other civil cases. Such judge shall retain
jurisdiction in such reclamation proceedings only until the
disqualification of the regular judge of the circuit court shall have
been removed. (RSMo 1939 § 12358, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 10777; 1919 § 4410

Effective 1-2-79

No action under sections 242.010 to 242.690 shall abate by
reason of the death or disability of any party to any proceeding, but
upon suggestion of such death or disability the cause shall be
immediately revived in the name of the heirs, devisees or their legal
representatives, and summons shall be served on such heirs, devisees and
legal representatives at least five days before the day set for hearing
the cause, and said summons may be served in vacation or term time; if
the heirs, devisees or legal representatives of the deceased party are
nonresidents, notice by publication shall be given them in a manner and
for the time provided for in section 242.360, and the cause shall then
proceed in all respects as in case of the original parties being in
court. (RSMo 1939 § 12359)

Prior revisions: 1929 § 10778; 1919 § 4411; 1909 § 5502

No appeal from any action of the circuit court had under
sections 242.010 to 242.690 shall be permitted to act as supersedeas or
to delay any action or the prosecution of any work begun under the
provisions of this law. (RSMo 1939 § 12360)

Prior revisions: 1929 § 10779; 1919 § 4412

Where proceedings have been begun under the provisions of the
sections repealed by the act of April 8, 1905, they may be proceeded with
and completed under the provisions of sections 242.010 to 242.690;
provided, that all liens, remedies and processes for the collection of
taxes provided for in said sections, shall, so far as applicable, be
available for the collection of taxes levied and bonds issued under the
sections thereby repealed; provided further, that in all cases where
drainage districts have been incorporated under the said sections
repealed and the work of drainage has been commenced or completed, in
whole or in part, no rights or obligations incurred by district or
individual shall be nullified, invalidated or for naught held. (RSMo 1939
§ 12385)

Prior revisions: 1929 § 10804; 1919 § 4434; 1909 § 5534

1. The repeal of article 1 of chapter 41, RSMo 1909 and the
repeal of an act amending and adding to said article 1, enacted in 1911
and found on pages 205 to 222 of the laws of Missouri of 1911, shall not
have the effect of suspending, abating, abridging, impairing, vitiating
or nullifying any right, power, remedy or lien heretofore given, created
or conferred upon any drainage district heretofore organized or in
process of organization at the time of passage of sections 242.010 to
242.690, under any law of this state, but all such rights, powers,
remedies and liens are hereby directly preserved to all such drainage
districts; nor shall the repealing of said article 1 as amended and added
to by the 46th general assembly in 1911 have the effect of suspending,
abridging, abating or nullifying any proceeding or proceedings now
pending in any court of this state or of the United States; nor shall the
repealing of existing laws have the effect of impairing, invalidating,
discharging, changing, modifying or destroying any obligation, contract
or undertaking, entered into by, or with any drainage district now
organized and existing under any law in this state, but all such
obligations, contracts and undertakings so entered into, shall be and
remain inviolate.

2. All rights, powers, liens and remedies now existing in behalf of any
drainage district of this state, may be enforced and made available in
the manner and by the means and mode now provided by law, or such rights,
powers, liens and remedies may be enforced and made available under the
provisions of said sections, if applicable, at the election of the
drainage district. Sections 242.010 to 242.690 are hereby declared to be
remedial in character and purpose, and shall be liberally construed by
the courts in carrying out this legislative intent and purpose. (RSMo
1939 § 12389)

Prior revisions: 1929 § 10808; 1919 § 4438

The drainage district organized or reorganized under the
provisions of sections 242.010 to 242.690, which desires to annex itself
to another drainage district also so organized, either for outlet or
other purposes, including having the petitioning district become a part
of the district to which the petition is addressed shall be hereinafter
referred to as the "minor district". The drainage district to which
petition is addressed shall hereinafter be known as the "major district".
(L. 1961 p. 444 § 1)

The board of supervisors of any minor district may in behalf of
said district and the landowners therein, file a petition praying to be
annexed to a major drainage district organized under the same provisions
of law, provided the major and the minor district either have a common
outlet, or the major district does have an outlet for the minor district
or they furnish same; the petition shall be headed in the name of the
minor district and addressed to the major district and shall set out in
plain language the desire of the minor district to be annexed to the
major district; it shall state that the boundaries, owners of lands and
other property in the minor district to be as set out in the organization
and records of the minor district, and praying to be annexed to the major
district. Said petition is to be filed in the office of the circuit clerk
of the circuit court incorporating the major district, and the clerk
shall cause a certified copy of said petition to be served upon the
secretary of the major district at the office of the major district,
wherever located. (L. 1961 p. 444 § 2)

1. The board of supervisors of the major district shall, within
ninety days after the service of a certified copy of petition upon the
secretary of the major district at its office, by order of its board
either agree to accept the petitioning district or to reject same under
the provisions of sections 242.692 to 242.699. In either event, a
certified copy of its action shall be filed by its secretary in the
office of the clerk of the circuit court in which the petition is pending
within twenty days after the board action.

2. In the event the action of the major district shall be to agree and
accept the petition to annex minor district to major district, the clerk
of the circuit court shall give notice of the filing of the petition and
the acceptance thereof by causing publication to be made once a week for
four consecutive weeks in some newspaper published in each county in
which any lands or property within the boundaries of the minor district
shall be situate. Such notice need not contain the names of the owners of
the lands and property, or descriptions of the tracts of land owned and
property affected in the minor district, but it will be sufficient to
describe the owners and lands as being all the owners of the lands and
property embraced in the boundaries of the minor district petitioning;
the notice shall also state the purpose of the petition by the minor
district to the major district is to annex to the major district the
minor district and that the petitioning minor district lands and property
and owners will become a part of the major district which assumes all
liabilities, and that the major district accepts the benefit assessments
of the minor district as a basis of assessment of taxes thereafter, and
in cases of overlaps of the districts, the combined benefits shall be
added on each tract of land or property and the combined assessments of
the minor and the major districts shall be the true benefit assessment
for tax purposes hereafter; and if the petition is granted, the minor
district shall become a part of the major district and the minor district
shall cease to be as an organization. That any owner of land or other
property against which benefits are assessed lying within the boundaries
of the minor district petitioning to be annexed shall have the right to
file objections in the office of the said circuit clerk within fifteen
days but not after the last publication of notice which said date of
filing objection shall be stated in said notice.

3. Objections so filed shall set out why petition should not be granted.
Such objections shall be limited to a denial of the statements in the
petition and should be heard and determined by the court as early and
speedily as possible, at either a regular, adjourned or special term, and
the court shall set such motions down for hearing at the earliest
possible time, not later than fifteen days after the time for filing same
expires, and hear same speedily. If the court finds the statements in the
petition and in the agreement and acceptance to be true, after due
hearing, the said court shall by its judgment and decree annex the minor
district to the major district reciting the facts in its judgment
consistent with sections 242.692 to 242.699.

4. Upon rendition of the decree the clerk of the court shall cause a
certified copy of the judgment and decree of the court to be served upon
the secretary or any other officer of the minor district. The board of
supervisors and its officers of the minor district shall thereupon
proceed to deliver to the secretary of the board of the major district
all of its books, records and supplies it has on hand, and the treasurer
of said minor district shall forthwith deliver to the treasurer of the
major district all of the moneys and property in his hands and charged up
to him, taking the receipt of the secretary of the major district
therefor, which shall terminate the existence of the minor district. (L.
1961 p. 444 §§ 3 to 6)

Any owner of lands or other property in the minor district shall
have the right to appeal the finding or decree of the court annexing
minor district to major district, said appeal to be prosecuted in the
same manner as provided for appeals under the civil code. (L. 1961 p. 444
§ 7)

The provisions herein contained are declared to be remedial in
character, shall be liberally construed by the courts promptly and shall
apply to districts already organized, in process of reorganization or to
be hereafter organized or reorganized by circuit courts of this state.
(L. 1961 p. 444 § 8)

The owners of a majority of the acreage in any contiguous body
of lands or of lands having a common drainage, certified by the state
geologist of this state to contain or probably contain valuable mineral
deposits, situate in one or more counties of this state, may form a
drainage district for the purpose of having such lands drained for mining
purposes, and for that purpose they may make and sign articles of
association and be incorporated and be and become a body corporate in all
respects and in the same manner as is now provided for the organization,
incorporation and government of associations for the drainage of swamps,
etc., lands under sections 242.010 to 242.690, with all rights, powers,
duties and obligations of drainage districts organized under said
sections except as herein otherwise provided. (RSMo 1939 § 12390)

In order more effectively to promote the drainage and
reclamation of mineralized lands now organized or which may hereafter be
organized hereunder, such districts shall have the power to purchase,
construct, own or lease and operate a plant or plants for the pumping of
water from the underground areas of such lands, and a custom
concentrating plant or plants for crushing and cleaning ores and
minerals; to prescribe, regulate and collect taxes or charges for the
pumping of water and for the crushing and cleaning of such ores and
minerals, and to acquire by lease, purchase, donation or condemnation,
the necessary lands upon which to construct such pumping station or
pumping stations, plant or plants, and rights-of-way and easements for
the construction and maintenance of roads, railroads or other ways to and
from such station or stations, plant or plants, including rights-of-way
and easements for the flowage, impounding or disposal of water. (RSMo
1939 § 12391)

1. The chief engineer appointed by the board of supervisors of
any mine drainage district, as provided in section 242.220, shall make a
survey of the lands, both surface and underground, within the district,
and of all mineralized lands adjacent thereto that may or will be
benefited by such system of drainage, and report thereon in writing to
the board of supervisors, with maps and profiles of such survey, showing
the shafts, drifts, drill holes, underground excavations and underground
watercourses, with plans for draining, dewatering and reclaiming such
lands for mining purposes, together with designs and plans for the
construction of a custom concentrating plant or plants and all necessary
facilities in connection therewith, including also an estimate of the
amount of ores and minerals available for mining from such lands upon
completion and execution of such plans. Such report, or any modification
thereof approved by the chief engineer shall be adopted by the board of
supervisors as the plan for reclamation as provided in section 242.230.

2. On the filing and adoption of the plan for reclamation, the board of
supervisors shall, by resolution, provide for the levy and collection of
the taxes and charges hereinbefore and hereinafter provided for,
including provisions for the increase thereof as provided for in section
242.740, and shall give notice thereof by causing such resolution to be
published once a week for two consecutive weeks in some newspaper
published in each county in which the said district or any part thereof
may be located.

3. Any owner of land within the district or adjacent thereto that may or
will be benefited by such plan for reclamation may, within ten days
following the last day of publication of said notice, file with the
secretary of the board of supervisors, exceptions to such tax levies or
charges.

4. Thereupon the board of supervisors shall, within five days after the
filing of such exceptions, hear and determine the same, and in case any
such landowner is not satisfied with the determination of such exceptions
by such board, he may file his exceptions in the form of a petition in
the circuit court by which the district was organized, and such court
shall hear and determine the same as provided in section 242.280.

5. The chief engineer shall keep a complete record of the drainage of
said district and the lands affected thereby and of the operation of such
concentrating plant or plants, and shall file a written report thereon
from time to time as may be requested by the board of supervisors, but at
least once each year. (RSMo 1939 § 12392)

1. The board of supervisors shall, in the resolution herein
provided for, levy and provide for the collection of a pumping tax, in
the form of a royalty on the mineral concentrates produced from the lands
affected by such plan for reclamation, not exceeding, however, two
percent of the gross sale value of such mineral concentrates, and a tax
or charge for the crushing and cleaning of ores and minerals by or
through the concentrating plant or plants operated or to be operated by
the district, such milling tax or charge shall be fixed by the board of
supervisors at a stated rate per ton of such ores and minerals so crushed
and cleaned and, when added to the proceeds of the aforesaid pumping tax,
shall be sufficient to produce the sum or sums required to pay interest
on the bonded indebtedness of the district at any time outstanding, to
pay maturing bonds of the district according to the terms and tenor
thereof, to pay the operating expenses of the district and to provide an
adequate reserve fund for maintenance, depreciation and contingencies.

2. All funds received by the district for and on account of the tax
levies or charges herein provided for shall be deposited by the treasurer
of the district in some solvent bank or trust company and shall at all
times be secured by such collateral or otherwise as the board of
supervisors may direct, and shall be used for no other purpose than as
hereinbefore and hereinafter authorized.

3. All taxes or charges herein provided for shall constitute a first and
a paramount lien on the ores, minerals and concentrates mined and
produced from the lands affected by such plan for reclamation, and the
board of supervisors of any such district may hold possession of the
ores, minerals and concentrates so produced or crushed and cleaned by or
through the concentrating plant or plants operated by the district until
the taxes and charges herein provided for shall have been paid, or such
board may sell such ores, minerals and concentrates on the open market
and, after deducting the amount of such taxes or charges, remit the
remainder to the person or persons entitled thereto.

4. To secure the continuous operation of mines within the district, to
secure the continuous operation of such concentrating plant or plants to
the capacity thereof and to secure the prompt payment of all taxes and
charges herein provided for, such board of supervisors is authorized to
enter into a contract or contracts with any owner or owners of lands,
affected by such plan for reclamation, their lessees or any other persons
interested therein; such contract or contracts to contain such provision
or provisions, as the board of supervisors may find necessary or
advisable to effectuate the purposes of sections 242.700 to 242.750, and
to carry out the powers herein conferred on such board of supervisors.
(RSMo 1939 § 12393)

1. The board of supervisors of any such mine drainage district
may issue the bonds of such district as provided in section 242.480,
except that in lieu of the basis of the issuance thereof as provided in
section 242.450, the total amount of bonds so issued shall not exceed
seventy-five percent of the income of such district from all sources for
the number of years for which such bonds are to be outstanding, such
income to be estimated by the board of supervisors upon the basis of the
report of the chief engineer of the district provided for in section
242.720, and it shall be the duty of said board, in making the levy of
the pumping tax or royalty and in prescribing the tax or charge for
crushing and cleaning ores or minerals by such concentrating plant or
plants, to take into account the maturing principal and accruing interest
on all bonds of the district at any time outstanding, and to make ample
provision for the payment thereof, and, to that end, it shall be the duty
of the board of supervisors at any time, and from time to time, when it
becomes apparent that such taxes or charges theretofore fixed will not
produce the sums required for the payment of such bonds and the interest
thereon and the operating and maintenance expenses of the district, to
increase such taxes or charges so as to produce fully the sums required,
as aforesaid; provided, however, that such pumping tax shall not exceed
the limitation herein provided.

2. The board of supervisors, in order to secure the payment of such bonds
and the interest thereon, shall have power and authority to pledge,
mortgage or convey the property of such district, both real and personal,
the proceeds to be derived from all such taxes or charges, after
deducting therefrom the sum or sums required to pay the operating
expenses of the district and to provide an adequate reserve fund for
maintenance, depreciation and contingencies.

3. Before such bonds shall be negotiated, they shall be presented to the
state auditor of Missouri for registration as provided in section
108.240, RSMo, and the board of supervisors may sell such bonds as
provided in section 242.480, or may sell the same to any corporation,
commission or agency created or authorized by the Congress of the United
States to purchase such bonds. (RSMo 1939 § 12394)

In the event that the drainage operations conducted by any such
drainage district shall not drain any tract of land therein to the depth
of mining operations conducted on such tract, necessitating the operation
by the owner of such tract or his agents or lessees or sublessees, of
pumps additional to the pumps operated by such district, then the pumping
tax or taxes levied against such tract shall be credited with the amount
actually and necessarily spent in such additional pumping operations by
such owners, his agents, lessees, or sublessees. (RSMo 1939 § 12395)

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