Missouri Statute | Act | Code |Lands, Levees, Drainage, Sewers And Public Water Supply| US Code - US Statute | Chapter 243 Drainage Districts Organized In County Commission

USA Statutes : missouri
Title : LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter : Chapter 243 Drainage Districts Organized in County Commission

1. The district engineer shall let or offer to let the job or
labor of constructing the working sections, as directed in the order of
the county commission, announcing the terms upon and the time within
which the work shall be done.

2. All successful bidders shall forthwith execute and deliver to the
engineer a bond payable to the drainage district, in at least twenty
percent of the amount of the bid, with sufficient like sureties,
conditioned for the faithful performance of the work let, in the manner
and within the time specified in the contract; the engineer shall, within
fifteen days after the day bids are received, return all contracts and
bonds to and file report of his proceedings in the premises, in the
office of the county clerk.

3. The county commission shall approve or reject all contracts and bonds
and cause to be spread upon its record an entry of its action thereon and
give notice thereof to the contractors. All bonds and a duplicate of all
contracts shall be filed in the office of the county clerk, and when
approved they shall be recorded upon the drainage record. The county
commission may, in its discretion, for good cause, extend the time
specified in the contract for completing the construction of the ditch or
other improvement, but such extension shall not be construed or deemed to
have the effect of impairing the contract, or the contractor's bond, or
releasing the sureties thereon.

4. If the work provided for by any contract be not performed in the
manner or within the time therein fixed, or within such additional time
as may have been granted to the contractor, the county commission may, in
the same manner as original contracts are let, relet such portion of such
work as may not have been performed by the contractor; provided, that the
contracts shall not be let a second time to the same person. The
defaulting contractor shall be liable on his bond for all damages, costs
and expenses occasioned by his default. (RSMo 1939 § 12425)

Prior revisions: 1929 § 10835; 1919 § 4503

It shall be the duty of the district engineer, on being notified
by a contractor that the work, or any installment thereof, provided for
in his contract, is completed, to examine the same, and if he finds that
it is completed according to the specifications of the report of the
engineer and viewers, as confirmed, as provided in this chapter, he shall
accept the same, and give to such contractor a certificate of acceptance,
stating that such installment or contract is completed according to such
specifications, and file a duplicate thereof in the office of the clerk
of the county commission, and on presentation by any contractor of claim
for payment for work performed, or any installment thereof, as provided
by his contract, accompanied by such engineer's certificate, the county
commission shall audit the claim, and if the same is in accordance with
such claimant's contract and the work has been performed within the time
therein specified, it shall draw a warrant upon the county treasurer for
the amount thereof, payable out of the funds of the district available
for the payment of such charges. (RSMo 1939 § 12426)

Prior revisions: 1929 § 10836; 1919 § 4504

1. The county commission may, when the same is necessary for the
public health, convenience or welfare, cause to be constructed or
enlarged any bridge or culvert made necessary by the crossing of any
ditch constructed by a district organized under the provisions of this
chapter; provided, however, that if such bridge or culvert shall belong
to any corporation other than the county, the county clerk shall give
such corporation notice by delivering to its agent the order of the
commission declaring the necessity for constructing or enlarging such
bridge or culvert. A failure to construct or enlarge such bridge or
culvert within the time specified shall be taken as a refusal to do said
work, and thereupon the county commission shall proceed to let the work
of constructing or enlarging the same, and assess the corporation with
the cost thereof, and the county clerk shall place such assessment on the
tax book against said corporation, and it shall be a lien upon the
property of the corporation, to be collected as taxes. But before the
county commission shall let such work, they shall give to the agent of
such corporation at least twenty days' actual notice of the time and
place of letting such work.

2. When a bridge has been constructed across a drainage ditch that
crosses any public highway in this state, that shall be adjudged
sufficiently by the county commission of the county in which said
drainage district is organized, such bridge shall become a part of such
highway and shall thereafterwards be maintained, repaired or replaced by
the authority authorized by law to maintain the road of which it becomes
a part. (RSMo 1939 § 12427)

Prior revisions: 1929 § 10837; 1919 § 4505; 1909 § 5611

Where lateral ditches constructed by a district organized under
this chapter have outlets in an old channel or slough, all the provisions
of this chapter shall apply to and govern these channels or sloughs the
same as though they had in fact been constructed by the district from the
outlet of the lateral ditch to the outlet of the old channel or slough.
(RSMo 1939 § 12429)

Prior revisions: 1929 § 10839; 1919 § 4507

1. When any ditches or other improvements constructed under this
chapter need to be enlarged, cleaned out, obstructions removed therefrom
or new work done, five or more of the owners of land originally assessed
for the construction of any such ditches, or other improvements, may file
a statement in writing with the county clerk setting forth such necessity.

2. Upon the filing of such statement, it shall be the duty of the county
commission, at its next meeting thereafter, to direct the district
engineer, or an engineer of their selection, as the case may be, to
proceed at once to view the premises and to make a report to the
commission in writing of the repairs and improvements necessary to be
made and the probable cost of making such improvements as will restore
the said ditch, drain or levy to an efficient condition.

3. It shall be the duty of the county commission to forthwith consider
said report and if the commission finds that the improvements, or any of
them, recommended in said report should be made, it shall direct the
district engineer, or an engineer of their selection, as the case may be,
to proceed with all due diligence in the making of such repairs and
improvements, directing such engineer to purchase such supplies and
employ such labor as may be necessary to accomplish such repairs and
improvements and make an itemized report to the county commission in that
behalf, all of which shall be paid out of the maintenance fund of that
district.

4. If it shall be found by the county commission that repairs and
improvements are necessary to be made at a cost in excess of the money
available from the maintenance fund, then it should be the duty of the
county commission to direct such repairs or improvements to be made as
may be necessary and can be paid out of the maintenance fund and to cause
the clerk thereof to set the hearing of the matter of the levying of an
additional tax for such improvements as cannot be made out of the
maintenance fund, for hearing on the first day of the next regular term
of the county commission and to give notice of such hearing by
publication in three issues of some weekly newspaper published in the
county, the last insertion to be prior to the day set for the hearing,
which said notice may be in the following form:

Notice is hereby given to the landowners of drainage district No.
......... of ......... County, Missouri, that a statement has been filed
with the undersigned clerk by five or more landowners of said district,
alleging that the ditches or other improvements of said district, should
be enlarged, cleaned out, have obstructions removed, or new work done and
that the district engineer has viewed the premises and reported to the
county commission the necessity for repairs and improvements in excess of
the money available from the maintenance fund and that said statement and
report of the engineer has been set down for hearing on the first day of
the next ......... term of the county commission and unless good cause to
the contrary be shown, the county commission will make an order requiring
the district engineer, or an engineer of their selection, as the case may
be, to cause said ditches to be enlarged, cleaned out, obstructions
removed therefrom and new work done as may be determined by the
commission and the cost of said work will be divided pro rata according
to the original assessment of benefits against the lands included in such
drainage district.

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

Clerk of the county commission of ......... County,

Missouri. (RSMo 1939 § 12435)

Prior revisions: 1929 § 10845; 1919 § 4513; 1909 § 5613

1. On the day set for the hearing of the statement described in
section 243.220, the county commission shall hear and summarily determine
the matter. If the county commission finds that the owners of a majority
in acreage of said district have signed said statement, or have joined in
the prayer of said statement by motion or otherwise, then the county
commission shall find in favor of making the improvement and shall order
the district engineer or county highway engineer to go upon said
premises, investigate the same and report to the county commission what
in his opinion it will cost to restore the said ditch, drain or levee to
an efficient condition.

2. Upon the filing of the report by the district engineer or county
engineer of the probable cost of such work, the county commission shall
thereupon deduct from such estimated costs plus ten percent for
emergencies, the amount of maintenance funds in the hands of the county
treasurer or other person having custody of such funds, to the credit of
said district, and such portions of the maintenance funds so deducted, if
the county commission find in favor of making such improvement, shall
thereafter stand appropriated and set aside for the doing of such work;
and if the maintenance fund is not sufficient to pay such estimated costs
plus ten percent for emergencies the county commission shall divide the
residue of the estimated costs of any such work plus ten percent for
emergencies pro rata according to the original assessments of benefits
against the land and other property assessed for benefits in such
drainage districts, and the county clerk shall place the same upon the
tax books against the land and other property to be collected as other
drainage taxes. The county commission may direct that the tax be paid in
annual installments, not exceeding five.

3. If the county commission finds in favor of the work, it shall order
the district engineer or county highway engineer to have the work done
and superintend the same, and from time to time bring into the county
commission a statement of the progress of the work, and the amount due
thereon shall be paid by order of the county commission, on warrants to
be drawn on the maintenance funds of the district benefited; provided,
however, if the county commission has purchased a dredge boat, tools, or
other machinery as authorized by section 243.330 and such dredge boat,
tools or other machinery are to be used in such contemplated work, before
any payments for work done shall be made out of maintenance funds an
estimate shall be made by the county commission of a reasonable rental
value for the use of the dredge boats, tools and other machinery to be
used by such district in such contemplated work, or an estimate of such
amount as shall be reasonably necessary to take care of all repairs and
depreciation on the dredge boat, tools and other machinery used in said
work and occasioned thereby, both of which estimates to include the cost
of removing said dredge boat, tools and other machinery after the
completion of said work to a point to be designated by the county
commission, and such amount first set apart and appropriated for such
purpose and transferred into the general fund created by section 243.330
for the purchase of a dredge boat, tools and other machinery. The dredge
boats, tools and other machinery provided for in this section may be used
for said work, and the district engineer or county highway engineer shall
keep a strict account of the cost of doing such work, including the
repairs and depreciation of machinery and shall file his report of same
with the county commission, where same shall be and become a permanent
part of the record and files of such drainage district. Review may be had
of an order of the county commission made in this section as is otherwise
provided by law for review of orders of county commissions. (RSMo 1939 §
12436, A.L. 1945 p. 858)

Prior revisions: 1929 § 10846; 1919 § 4514; 1909 § 5614

1. It shall be the duty of the several county commissions of
this state to maintain the efficiency of the drainage districts now or
hereafter organized and existing under and by virtue of the provisions of
this chapter and such commissions are vested with the continuous
management and control of said districts with the duty and power of
maintaining, preserving, restoring, repairing, strengthening and
replacing the drains, ditches and levees thereof.

2. For the purpose of maintaining said ditches, drains and levees, all of
the drainage districts in a county on a petition filed by a majority of
the landowners owning the majority of the acres of land in each district
of such county, may be treated and administered as a unit for such
purpose in conformity with all the provisions of sections 243.220 to
243.240, 243.280, 243.330, and 243.380. (RSMo 1939 § 12433)

Prior revisions: 1929 § 10843; 1919 § 4511

1. Any person, persons or corporation shall be permitted to
construct lateral ditches or drains for the purpose of draining water
into any of the ditches, drains, or watercourses constructed by a
district organized under the provisions of this chapter, provided that
such lateral ditch or drain shall enter such ditches, drains or
watercourses through boxes or tiling to be placed at the intersection of
such lateral ditches or drains with the ditches, drains or watercourses
constructed by a district organized under the provisions of this chapter.
Such tiling or boxes shall be as large as the lateral ditch constructed
and at least fifteen feet in length.

2. All persons violating the provisions of this section shall be deemed
guilty of a misdemeanor. (RSMo 1939 § 12442)

Prior revisions: 1929 § 10852; 1919 § 4519; 1909 § 5625

(1958) To allow surface water collected by a private levee on owner's
land to enter district watercourse, already receiving water from lateral
No. 17 by means of steel tubing installed in road-levee, was not an
unlawful change in the adopted plan of reclamation nor an expenditure of
public funds for a private purpose. Rice v. Stoddard (A.), 312 S.W.2d 374.

Drainage districts organized or incorporated under this chapter
may contract with each other, and with districts organized and
incorporated under any other law of this state or under the laws of other
states, for such outlet or 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 such outlet or outlets to be paid as other expenses of the
district for making improvements. If the districts 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
for which the outlet is supplied is organized, may recover from such
district 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. (RSMo 1939 §
12431, A.L. 1959 S.B. 182)

Prior revisions: 1929 § 10841; 1919 § 4509; 1909 § 5628

CROSS REFERENCE: Political subdivisions may contract for common sewers
and facilities, RSMo 70.210 to 70.320

A drainage district may contract with any city, town or village
to furnish an outlet for the drainage of such city, town or village,
through any ditch, drain or watercourse constructed, or to be constructed
by the drainage district, for such compensation to be paid by such city,
town or village as may be agreed upon, which compensation shall inure to
the benefit of such drainage district, either in improving its ditches,
or in diminishing the original cost thereof, or in retiring bonds of the
district, or in such way as the county commission shall determine to be
just and fair; and thereafter said city, town or village, and the
inhabitants thereof, shall have and enjoy all the rights of said drainage
that other property owners may have and enjoy. (RSMo 1939 § 12428)

Prior revisions: 1929 § 10838; 1919 § 4506; 1909 § 5627

Whenever there exists no immediate need for the use of the
dredge boat, tools and other machinery authorized to be purchased by
section 243.330 by districts contributing to the purchase thereof, then
it shall be lawful for the county commission to lease or rent the same to
any drainage or levee district for the doing of work in such county, upon
such terms and conditions as said county commission shall by order of
record impose; provided, however, that such county commission shall not
lease or rent the same beyond a reasonable time; and provided further,
that at least a reasonable rental value of same, or an amount sufficient
to take care of all necessary repairs and depreciations caused and
occasioned by the doing of the work contemplated, shall be first agreed
upon and such amount paid into the general fund created by section
243.330 for the purchase of such dredge boat, tools and other machinery
before same shall be so leased or rented. (RSMo 1939 § 12437)

Prior revision: 1929 § 10847

1. As soon as any district has been incorporated and established
as provided in sections 243.020 to 243.070, the county commission shall,
by order entered of record, levy a uniform tax of not more than fifty
cents per acre upon each acre of land and other property within the
district, 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 paying the other expenses necessary to
be incurred before said commission shall be empowered to levy taxes or
issue bonds and thereby provide funds to pay the total cost of the
improvements of the district. Said tax shall be due and payable as soon
as assessed and shall become delinquent if not paid by December
thirty-first of the year in which it has been levied. It shall become a
lien on the land and other property against which it is levied and shall
be collected in the same manner as the annual installment of the drainage
tax.

2. In case the sum received from such tax 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 report of the viewers assessing benefits and
damages to the property, as confirmed by the county commission, shows
that any tract or tracts of land, on which such uniform tax has been
paid, will not be benefited by the improvement, the county commission
shall issue a warrant on the district fund in favor of such landowner or
landowners to the amount of the uniform tax already paid. (RSMo 1939 §
12404)

Prior revisions: 1929 § 10815; 1919 § 4483

1. Immediately after the approval and confirmation of the report
of the viewers, the county commission shall, by order of record, levy a
tax of such portion of said benefits on all lands and other property in
the district, to which benefits have been assessed, as may be found
necessary by the county commission to pay the cost of the completion of
the proposed improvement and the payment of all expenses incident thereto
plus ten percent of said total amount for emergencies.

2. The said 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, and in case bonds are issued as provided in
this chapter and hereafter, then the amount of the interest, as estimated
by said county commission, which will accrue on such bonds shall be
included and added to the said tax, but the interest to accrue on account
of the issuing of said bonds shall not be construed as a part of the cost
of construction in determining whether or not the expenses of making said
improvements is or is not equal to or in excess of the benefits assessed.

3. If deemed advisable the county commission may, by its order of record,
provide for the collection of the taxes levied hereunder in not more than
twenty annual installments, and in such event it shall fix the number of
installments and the amount to be collected each year. The said
installments shall be payable and shall be collected in each year at the
same time that state and county taxes are due and payable.

4. As soon as said total tax is levied, the county clerk shall, at the
expense of the district, prepare a list and schedule of all taxes levied
in substantially the following form: State of Missouri, )

) ss County of . . . . . )

DRAINAGE TAX RECORD OF DRAINAGE DISTRICT

NUMBER ........., ......... COUNTY, MISSOURI.

This is to certify that by virtue and authority of the provisions of
chapter 243, RSMo, the county commission of ......... County, Missouri,
did on the ......... day of ........., 20........., by its order of
record, levy the following taxes upon the land and other property in
drainage district number ......... of said county, to which benefits have
been assessed, for the purpose of constructing the proposed improvements
therein and paying the interest on the bonds of said district and did
cause the same to be apportioned to and levied upon each tract of land or
other property in said drainage district in proportion to the said
assessed benefits, as follows, to wit: (Here shall follow a schedule
showing in properly ruled columns, first, the names of the owners of said
lands or other property as they appeared in the report of the viewers and
engineers assessing the benefits; second, the descriptions of the said
lands or other property opposite the names of said owners; third, the
amount of benefits assessed and confirmed against each tract of land or
other property; fourth, the amount of said taxes levied on each tract of
land or other property. There shall be a fifth blank column for such
other information as may be necessary.) (After the said schedule the
certificate shall be continued as follows:) The said taxes shall be
payable in the following installments:

In the year ........., the sum of $ ......... or ......... percent of the
assessed benefits in the years ........., the sum of $ ......... or
......... percent of the assessed benefits in the year ........., the sum
of $ ......... or ......... percent of the assessed benefits in the year
........., the sum of $ ......... or ......... percent of the assessed
benefits in the year ........., the sum of $ ......... or .........
percent of the assessed benefits. The amount of each installment, as well
as the amount of the maintenance taxes, will be certified to the county
collector of this county not later than the first day of September of the
year in which the same is due and payable and shall be collected during
said year at the same time that state and county taxes are due and
payable. The aforesaid taxes and such maintenance taxes as may be levied
from time to time are hereby declared a lien upon all land and other
property herein and heretofore described to which only the lien of the
state for general state, county, school and road taxes shall be
paramount. Done by order of the county commission of ......... County
Missouri. Witness my signature as county clerk, attested by the seal of
the county commission of ......... County, Missouri, this ......... day
of ........., 20.....

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

County clerk of ......... County,

(RSMo 1939 § 12412)

Prior revisions: 1929 § 10823; 1919 § 4491

1. The list and schedule specified in section 243.300 shall be
prepared in the form of a well-bound book which shall be named and
endorsed "Drainage Tax Record of Drainage District Number .... of .......
County, Missouri", which endorsement shall also be printed or written at
the top of each page in said book and the same shall be signed by the
county clerk, attested by the seal of the county commission and shall
hereafter remain a permanent record in the office of said clerk.

2. In case the proceeds of the taxes levied as provided in this chapter
are not sufficient to construct the improvements as described in the
report of the viewers and engineer as confirmed by the county commission,
then the county commission shall make, certify and provide for the
collection of such additional tax levies as are necessary to complete the
improvement; provided, however, that the aggregate of all such levies,
exclusive of taxes levied for interest on bonds, does not exceed the
total benefits assessed and confirmed.

3. If any sum be needed to pay any judgment against the district and upon
the filing of a certified copy of said judgment with the clerk of the
county commission, it shall be the duty of the county commission, at the
next term, to levy sufficient taxes to pay the same and to add thereto
sufficient taxes to pay the interest on said judgment. The commission
shall levy, certify and provide for the collection of said taxes as
provided in this chapter and shall apportion the same to the lands or
other property in proportion to the original assessment of benefits, but
not in excess thereof, and if in excess thereof then in such proportion
as will not, with other lawful tax levies, made and collected be in
excess of the benefits reported by the viewers and confirmed by the
county commission. (RSMo 1939 § 12413)

Prior revisions: 1929 § 10824; 1919 § 4492

When any ditch constructed under the provisions of this chapter
drains, either in whole or in part, or benefits any public or corporate
road or railroad, there shall be apportioned to the county, if a county
or state or free turnpike road, or if a corporate road or railroad, to
the company owning, operating or controlling the same, the same
proportion of the cost of location and construction of the improvement in
proportion to the benefits received as to private individuals. (RSMo 1939
§ 12430)

Prior revisions: 1929 § 10840; 1919 § 4508

1. The county commission shall have power and it shall be its
duty at the May term of the commission of each year to levy a tax upon
each tract of land or other property within each district sufficient to
maintain, reserve, restore, repair, strengthen and replace the drains,
ditches, levees and other works of the district for whose benefits such
tax is levied. Said tax shall be known as a "maintenance tax" and shall
be apportioned upon the basis of benefits assessed for the original
construction and shall be limited in any one year to ten percent of the
original cost of construction. The tax shall be entered in a separate
column in the ditch tax books opposite each tract of land or other
property in the district by the county clerk, and shall be certified to
the county collector, or other person duly authorized and by him
collected in the same manner and subject to the same penalties for
delinquency as the annual installment tax.

2. All taxes derived from the assessments herein referred to shall be the
absolute property of the drainage district under authority of which they
were levied and assessed and shall be placed to the credit of the
maintenance fund of the drainage district; except that the county
commission may, on request, set aside from time to time a portion of the
tax from each of one or more districts in the county into a fund to be
used by the county commission for the purchase of dredge boats, tools and
other machinery to be used in the maintenance and preservation of the
ditches, drains and levees of the participating districts. The portion
appropriated from each district to be so used shall be determined by
dividing into two equal parts the estimated cost of the dredge boats,
tools and machinery purchased. One such part shall be apportioned in the
ratio that the total benefit assessments in each participating district
assessed for original construction bears to the aggregate total assessed
benefits for original construction in all the participating districts,
and the other part shall be apportioned in the ratio that the total yards
of excavation or yardage moved, as the case may be, in constructing the
original improvements in each participating district bears to the total
yards of excavation or yards moved in constructing original improvements
in all of the participating districts.

3. The dredge boats, tools and other machinery so purchased, shall be and
become the general property of the participating districts, and be used
under the direction of the county commission in the cleaning and
restoration of any such ditch, drain or levee in said districts to its
original size and condition; providing, however, that nothing contained
in this section shall prevent the county commission from maintaining,
preserving, restoring, repairing, strengthening and replacing the drains,
ditches, levees and other works of any district and the use of its
maintenance funds therefor, without purchasing dredge boats, tools or
other machinery. (RSMo 1939 § 12434, A.L. 1953 p. 547)

Prior revisions: 1929 § 10844; 1919 § 4511

The owner of any land or other property taxed for the
construction of any improvement under the provisions of this chapter,
shall have the privilege of paying such tax to the county treasurer at
any time on or before a date to be fixed by the county commission prior
to the issuance of bonds payable from said taxes and the amount to be
paid shall be the full amount of the tax levied, less any amount added
thereto to meet interest. He shall present the treasurer's receipt
therefor to the county clerk, who shall enter upon the drainage tax
record opposite each tract for which payment is made the words "paid in
full" and such tax shall be deemed satisfied. (RSMo 1939 § 12414)

Prior revisions: 1929 § 10825; 1919 § 4493

1. Each year the county clerk shall apportion the amount of the
annual installment, or the aggregate of the installments which the
commission has provided shall become due and payable in that year and the
maintenance taxes, if any, against the land and other property in the
drainage district in proportion to the benefits assessed.

2. The said annual installment and maintenance taxes when so apportioned
shall be extended by the clerk in a well-bound book which shall be
designated and endorsed "Drainage Tax Book of Drainage District Number
......... of ......... County, or ......... Township of ......... County,
Missouri, for the year 20....", which endorsement shall also be written
or printed at the top of each page. There shall be set out in properly
ruled columns of said book the following:

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

(2) Description of the land and other property;

(3) Amount of said installment or installments of tax levied on the
corresponding tract of land or other property;

(4) Amount of maintenance tax, if any, levied against said tract of land
or other property;

(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 county clerk shall prepare and deliver the said drainage tax book
to the collector of the revenue of the county, or township, not later
than October thirty-first of each year in which the installment and
maintenance taxes, if any, are due and payable, and the said taxes shall
become due and be collected during said year at the same time that state
and county taxes are due and collected. (RSMo 1939 § 12415, A.L. 1953 p.
538)

Prior revisions: 1929 § 10826; 1919 § 4494; 1909 § 5602

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 this chapter are situate, to receive the drainage tax
book each year and he shall promptly and faithfully collect the tax
therein set out and to exercise all due diligence in so doing.

2. He shall 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 drainage tax book shall be the
warrant and authority of the collector for making such demand and
collection. The collector shall pay over and account for all moneys
collected thereon each year to the county treasurer at the time he pays
over state and county taxes.

3. The collector shall give bond payable to the drainage district for the
probable amount of all drainage taxes to be collected in any one year
conditioned for the faithful performance of all his duties in accordance
with this chapter. Such bond shall be signed by at least two residents of
the county or by a surety company authorized to transact business in the
state. The bond shall be approved by the county commission and the
premium, if any, may be paid out of any funds belonging to the district.
(RSMo 1939 § 12416, A.L. 1990 H.B. 1070)

Prior revisions: 1929 § 10827; 1919 § 4495; 1909 § 5635

1. All drainage taxes provided for in this chapter, including
maintenance taxes, 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 the levying of the same by
the county commission as provided in this chapter, until paid, constitute
a lien, to which only the lien of the state for state, county, school and
road taxes shall be paramount, upon all of the lands assessed, and shall
be collected, in the same manner as state, county and school taxes upon
real estate are collected.

2. The said tax shall become delinquent if not paid on or before the
thirty-first day of December of the year for which said taxes were
levied, and when so delinquent shall bear interest at the rate of one
percent per month until paid, each fractional month being counted as a
full month.

3. The liens established and declared in this section may and shall be
enforced by an action on delinquent tax bills, made and certified by the
county collector which 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 by the attorney for the drainage district in the name of, and
to the use of, the collector of the revenue, of the county wherein the
land lies, against the land or other property, on which such drainage tax
has not been paid.

4. The pleadings, process, proceedings, practice and sales, in cases
arising under this chapter, 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. 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 this
chapter, shall have the same probative force as deeds executed under
judgments for delinquent general state taxes and in actions instituted
under this chapter. 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.

5. 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. 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 this
chapter shall be paid at once to the county treasurer and shall be
accounted for by him the same as the drainage taxes.

6. The drainage tax books of this district shall be prima facie evidence
in all courts of all matters therein contained. (RSMo 1939 § 12417)

Prior revisions: 1929 § 10828; 1919 § 4496; 1909 §§ 5599, 5600

CROSS REFERENCE: Delinquent taxes, drainage districts may redeem land,
when, RSMo 140.380

When the improvements of a district have been completed and paid
for, and all costs and expenses of the district paid, if there remains on
hand to the credit of such district any funds not needed, the county
commission may prorate back to the taxpayers all or any part of such
funds not needed or may use the same for maintenance in lieu of the
maintenance taxes. (RSMo 1939 § 12432)

Prior revisions: 1929 § 10842; 1919 § 4510

1. The county commission may issue bonds for and on behalf of
any drainage district created under this chapter, for the purpose of
paying the cost of the completion of the improvement as located,
described and set forth in the report of the viewers and engineer, as
confirmed by the county commission and the payment of all duly authorized
expenses incident thereto. The aggregate par value of such bonds shall
not exceed the taxes levied to pay the cost of the improvement and the
expenses incident thereto as provided in this chapter, exclusive of the
ten percent for emergencies and the amount added to the tax levy to meet
the interest on the bonds of the district.

2. Any bonds issued hereunder shall be in denominations of one hundred
dollars and multiples thereof and shall bear interest at a rate not to
exceed six percent per annum, payable semiannually, shall be payable as
to principal and interest at the office of the county treasurer and shall
be signed by the presiding commissioner of the county commission and
attested by the signature of the county clerk and the official seal of
the county commission. A substantial amount of the total bonds issued to
construct the improvement shall mature each year beginning not later than
five years from the date of delivery for value of the first bonds. None
of said bonds shall mature more than twenty years after date of issue of
same.

3. Bonds issued hereunder shall be signed and delivered to the county
treasurer and shall be sold by him, with the consent and approval of the
county commission, at not less than ninety-five percent of the par value
plus accrued interest. Said bonds may be prepared, dated and executed at
one time and when delivered for value in accordance with the terms of the
contract of purchase shall be held to be the obligations of the district
though executed by officials other than those in office at the time of
delivery for value; provided, the officials signing them were such
officials at the time the bonds were signed. Said bonds shall show upon
their face the purpose for which they are issued and the principal and
interest thereof shall be payable from the proceeds of the taxes levied
upon the land and other property in the drainage district as provided in
this chapter. At the times any bonds are issued, a sufficient amount of
the said drainage taxes shall be set aside and appropriated to pay the
principal and interest of said bonds and it shall be the duty of the
county commission to arrange and determine the annual installments of
said taxes so as to provide funds in due time for the payment at maturity
of the principal and interest of any bond authorized and issued
hereunder. The proceeds of any taxes so appropriated shall be used for
the purpose of paying the principal and interest of said bonds and no
other.

4. If necessary to promptly pay said bonds and the interest thereon the
county commission shall rearrange the schedule of annual installments
made at the time the taxes were levied and shall also make such
additional tax levies as are necessary and shall provide for the
collection of the same at such times as will produce the required
amounts. Under no circumstances shall the county commission make any tax
levies which will in any manner, or to any extent, impair the security of
the bonds issued hereunder or the fund available for the payment of the
principal and interest of the same. Bonds and coupons not paid at
maturity shall bear interest at the rate of six percent per annum until
paid.

5. If deemed advisable, the county commission may, by its order of
record, select especial depositary or depositaries for the proceeds of
any bonds issued hereunder as temporary treasurer or treasurers to hold
and disburse said funds to the county treasurer as the work progresses,
on the order of the county commission, provided said special depositary
shall secure said funds by approved collateral or by the bond or bonds of
a surety company or surety companies authorized to transact business in
Missouri, the premium or premiums on which bond or bonds may be paid out
of any funds belonging to the drainage district. (RSMo 1939 § 12418)

Prior revisions: 1929 § 10829; 1919 § 4497; 1909 § 5603

CROSS REFERENCES: Bond issues, proceeds and moneys for interest and
sinking fund to be kept separate, RSMo 108.180 to 108.210, 108.230
Refunding bonded indebtedness, procedure, RSMo 108.140 to 108.160

1. Bonds issued under the authority of section 243.390 or
refunding bonds issued to refund any or all such bonds may be pledged by
the county commission to any corporation, commission or agency created or
authorized by congress or the state of Missouri to accept a pledge of
such bonds, and the county commission is authorized to pledge the bonds
of any drainage district created under this chapter in a manner to
conform to the requirements, rules and/or regulations of any such
corporation, commission or agency.

2. Upon a pledge of any such bonds as by this section authorized, funds
shall be provided to redeem said bonds and interest thereon from the
terms of such pledge in the same manner as if said bonds had been sold,
and the lien of pledged bonds and interest thereon shall be enforced in
the same manner as provided in this chapter for bonds sold.

3. Funds derived from a pledge of any such bonds shall be deposited,
accounted for and expended in the same manner as if such bonds had been
sold or as may be provided by the requirements, rules and/or regulations
of the corporation, commission or agency accepting a pledge of such bonds
and advancing funds thereon. (RSMo 1939 § 12419)

1. The treasurer of the county in which a drainage district is
located shall act as treasurer of the district and shall be the custodian
of the funds of the district, except as otherwise provided in this
chapter.

2. He shall receive and receipt for all such funds and shall enter into a
separate bond for each district in the county in a sum to be fixed by the
county commission, not less than the probable amount of funds of said
district to be in his possession at any one time. Such bond shall be
payable to the district, shall be approved by the county commission,
shall be signed by two or more residents of the county or by a surety
company authorized to transact business in the state and shall be
conditioned for the faithful and prompt disbursement according to law of
all such funds as shall from time to time be in his possession. The
premium on such bond may be paid by the district.

3. Except as otherwise provided in this chapter, the treasurer shall keep
all district funds received by him deposited in a bank or banks selected
in the same manner and at the same time that the depositary for county
funds is selected. All interest accruing on district funds shall be
credited to the district and any premium on a surety bond may be paid by
the district. (RSMo 1939 § 12422, A.L. 1990 H.B. 1070)

Prior revisions: 1929 § 10832; 1919 § 4500; 1909 § 5634

1. The fees allowed by county commissions for services actually
rendered drainage districts organized under the provisions of this
chapter shall be determined by the county commission.

2. The county commission shall have power to contract for any of the
aforesaid services. All expense accounts shall be accompanied by vouchers
showing the items actually paid. (RSMo 1939 § 12450, A.L. 1983 H.B. 236)

Prior revisions: 1929 § 10860; 1919 § 4527; 1909 § 5618

Until the proceeds of taxes or bonds are available, all fees
under this chapter shall be paid out of the county treasury when claims
therefor are allowed by the county commission, and the general county
fund shall be reimbursed out of the money realized from the sale of bonds
or collection of taxes. (RSMo 1939 § 12451)

Prior revisions: 1929 § 10861; 1919 § 4528; 1909 § 5619

A complete record of all proceedings under this chapter shall be
kept by the county clerk in a separate book to be secured for that
purpose. The book shall be designated as the "Drainage Record of .....
County, Missouri", and shall also have recorded therein all papers,
documents, bonds and plats filed in any drainage proceeding in that
county. It shall be the duty of the county commission to have the
accounts of each drainage district audited each year and the auditor's
report shall be recorded in the drainage record. (RSMo 1939 § 12421)

Prior revisions: 1929 § 10831; 1919 § 4499

1. Two or more districts organized under the provisions of this
chapter, may come within, and operate under sections 242.010 to 242.690,
RSMo, and portions of two or more districts organized under the
provisions of this chapter may come together and operate under sections
242.010 to 242.690, RSMo, whenever the owners of one-fourth of the acres
of land in the proposed consolidated district sign and present a petition
to the circuit court of the county in which there lies the greatest
acreage of land in the proposed consolidated district, stating therein:

(1) The numbers or corporate name or names of such district or districts
to be included in whole or in part;

(2) The boundaries of each district or portion of district separately;

(3) The boundary lines of the proposed consolidated district;

(4) The approximate number of acres of land in each district or portion
of district;

(5) The approximate number of acres of land in the proposed consolidated
district;

(6) The approximate amount of the benefits reported and apportioned by
the viewers and confirmed by the county commission in each district or
portion of district;

(7) The aggregate amount of such benefits as ascertained, apportioned and
confirmed;

(8) The amount of bonds issued, by each district, giving the amount,
dates, numbers, denominations, maturities, rate of interest, and where
payable;

(9) The aggregate amount thereof; and

(10) The number of years it is to continue.

2. In such petition it shall be asked that the court adjudge such
districts or portions of districts to be a body corporate, for a number
of years not exceeding the time named in the petition, and under the name
of "Consolidated Drainage District No. ..... of ......... County,
Missouri". (RSMo 1939 § 12446, A.L. 1963 p. 394, A.L. 1986 S.B. 488)

Prior revisions: 1929 § 10856; 1919 § 4523

1. When such petition shall have been filed in the office of the
clerk of the circuit court of the county wherein lies the greatest number
of acres in the proposed consolidated district, the clerk shall
immediately cause to be published in some newspaper in each county having
lands in the proposed district three consecutive weeks, three times, a
notice, substantially in the following form:

To all persons owning or interested in any lands in drainage districts
numbered ....., ......... County, Missouri: Notice is hereby given to all
persons owning or interested in any lands in drainage districts Nos.
...., ......... County, Missouri, that a petition has been filed in my
office asking that the aforesaid districts be consolidated into one
district, and adjudged a public corporation to continue as such for a
term of ..... years, under the name of "Consolidated Drainage District
No. ..... of ......... County, Missouri", and that said petition will be
heard on the ..... day of ........., 20.....

..........................., Clerk of the circuit court of .........
County, Missouri.

2. The circuit court of the county in which said petition has been filed
shall thereafter, for all purposes of this chapter, have and maintain
original and exclusive jurisdiction coextensive with the boundaries and
limits of said district without regard to county lines. (RSMo 1939 §
12447, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 10857; 1919 § 4524

Effective 1-2-79

1. Any owner of real estate or other property in said proposed
district objecting to the organization and incorporation of said drainage
district, who did not sign the petition, 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 to the organization and incorporation of any
consolidated drainage district.

2. Such objection or objections shall be limited to a denial of the
statements in the petition, and shall be heard by the court in a summary
manner, without unnecessary delay, and if the petition is signed by the
owners of a majority of the acreage of land in the proposed consolidated
district, then it will be the duty of the court to grant the prayer of
the petition and organize and incorporate the district as in the case of
organizing and incorporating a district in the first instance under
sections 242.010 to 242.690, RSMo. But if such petition shall be signed
only by the owners of less than one-half of the acres of land in such
district or districts, then it shall be discretionary with the court
whether the prayer of the petition be or be not granted. If the said
petition be verified by one or more signers, it shall be prima facie
evidence of the statements and allegations therein contained. Any person
having signed the petition 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 the petition. The petition 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. 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.

4. Thereafter such proceedings shall be had as is provided by sections
242.010 to 242.690, RSMo. This chapter shall not be construed to be
repugnant to, in conflict with, or as repealing any other law or laws of
this state relating to the organization or incorporation of levee or
drainage districts; but shall be held and construed to be cumulative
thereto. (RSMo 1939 § 12448)

Prior revisions: 1929 § 10858; 1919 § 4525

1. Any district organized under the provisions of this chapter
may become consolidated with a district organized under the provisions of
chapter 242, RSMo, and the resulting consolidated district may operate
under the provisions of sections 242.010 to 242.690, RSMo, whenever the
owners of a majority of the acres of the district operating under chapter
242, RSMo, together with the owners of a majority of the acres of the
district with which such district desires to be consolidated, sign and
present a petition to the circuit court of the county in which there lies
the greatest acreage of land in the proposed consolidated district,
stating therein:

(1) The number or corporate name of each district;

(2) The boundaries of each district, separately stated;

(3) The boundary lines of the proposed consolidated district;

(4) The number of acres in each district;

(5) The amount of assessed benefits in each district;

(6) The amount of bonds outstanding in each district, giving the annual
dates, numbers, denominations*, maturities, rate of interest, dates of
future payments and when payable; and

(7) The number of years the consolidated district is to continue.

The petition shall request the circuit court to adjudge the consolidated
district to become a body corporation for a number of years not exceeding
the time named in the petition and under the name of Consolidated
Drainage District No. .... of ........ County, Missouri.

2. Upon the filing of the petition provided for in subsection 1 of this
section, the circuit clerk shall give notice of such filing in the manner
provided for giving notice in section 242.030, RSMo, which notice shall
state the contents of the petition, the objects sought by the petition,
and the date on which the petition is to be heard. Any person owning land
in either of the districts which are the subject of the petition may, on
or before the date set out in the notice on which the matter is set to be
heard, file objections to the consolidation. If the objections made under
this subsection are overruled, or if no objections are made, the court
shall order that the districts asking to be consolidated shall be
consolidated as one district under the designation requested in the
petition, with all the rights, powers and privileges of districts
organized under sections 242.010 to 242.690, RSMo, and:

(1) The lands so included in the new district shall be subject to all
liens, liabilities and obligations of the original districts; except
that, if any district included in the consolidated district shall have
issued bonds which are outstanding at the time of the consolidation under
this section, the taxes levied to pay such bonds, and the interest
thereon, shall be an obligation on only the property within such original
district;

(2) A new board of supervisors shall be elected as provided in sections
242.010 to 242.690, RSMo, for the election of supervisors;

(3) All orders made in regard to the extension of time, boundaries or
consolidating 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 land of the consolidated district is
located and with the secretary of state.

3. The recorder of deeds of each county shall receive a fee of one dollar
for filing and preserving each certified copy of orders described in
subdivision (3) of subsection 2 of this section. (L. 1985 H.B. 660 § 1,
A.L. 1986 S.B. 488)

*Word "demonstrations" appears in original rolls.

If any engineer or county commission or clerk of the circuit
court or other official shall neglect or refuse to perform any duty
imposed by the provisions of this chapter, he shall forfeit and pay a
fine of one hundred dollars for every such refusal, to be recovered by
proper process. (RSMo 1939 § 12438)

Prior revisions: 1929 § 10848; 1919 § 4515; 1909 § 5616

If any county collector of the revenue refuses, fails or
neglects to make prompt payment of the tax or any part thereof collected
under this chapter to the county treasurer as provided in said chapter,
then he shall pay a penalty of ten percent on the amount of his
delinquency; such penalty shall at once become due and payable and both
he and the sureties on his bond shall be liable therefor on his aforesaid
bond. (RSMo 1939 § 12439)

Prior revisions: 1929 § 10849; 1919 § 4516

Hereafter when any bonds issued by any drainage district
organized or incorporated under the laws of this state are sold for a sum
or price allowed by law, and the proceeds of the sale thereof paid to the
proper officer of the district, then except for the power to issue the
bonds, neither the validity of them nor the tax levied to pay them shall
thereafter be questioned in any court of law or equity. (RSMo 1939 §
12420)

Prior revisions: 1929 § 10830; 1919 § 4498

Suits on bonds for costs and the performance and completion of
work on contract shall be brought in the name of the state of Missouri at
the relation and to the use of the drainage district. (RSMo 1939 § 12440)

Prior revisions: 1929 § 10850; 1919 § 4517; 1909 § 5621

The clerk of the circuit court shall docket any appeal, styling
the appellant the plaintiff and the drainage district the defendant, and
the cause shall stand for trial and be tried as other appeal cases are
tried in the circuit court. After the trial and judgment in the circuit
court, the clerk of that court shall retain the transcript of the
proceedings in the county commission and retransmit to the county clerk
all of the original papers filed in his office by the county clerk,
together with a transcript of the proceedings had in the circuit court,
including a certified copy of the finding or verdict and the judgment of
the said court; the clerk of the circuit court shall also certify an
itemized statement of the cost accruing on the appeal, and such costs
shall be paid as provided in this chapter. After a transcript of the
proceedings had in the circuit court is filed in the office of the county
clerk, the county commission shall cause such entries to be made on its
record as may be necessary to give effect to the judgment of the circuit
court. (RSMo 1939 § 12410)

Prior revisions: 1929 § 10821; 1919 § 4489; 1909 § 5593

1. The repeal of article 4, chapter 41, RSMo 1909, 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 this chapter, 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 existing laws 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 under
the provisions of this chapter, if applicable, at the election of the
drainage district. This chapter is hereby declared to be remedial in
character and purposes, and shall be liberally construed by the courts in
carrying out this legislative intent and purpose. (RSMo 1939 § 12454)

Prior revisions: 1929 § 10864; 1919 § 4531

Any person, corporation, member of the county commission or
municipal corporation, convicted of a misdemeanor as defined by this
chapter shall pay a fine of not less than five dollars nor more than one
thousand dollars, and if such violation of said chapter as the conviction
is for shall not be abated by the party so convicted within thirty days
after such conviction, then the continuance of such obstruction or other
violation of the provisions of this chapter after said period of thirty
days shall for each and every day the same is continued constitute a
separate offense, for which, on conviction thereof, the party so
offending shall be punished by a fine of twenty-five dollars. (RSMo 1939
§ 12444)

Prior revisions: 1929 § 10854; 1919 § 4521; 1909 § 5630

Whenever the owners of twenty-five percent or more of the
acreage of the lands in the district shall file a petition with the
county commission 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 any supplemental plan for
reclamation, or for both of the aforesaid purposes, the county commission
shall give notice of the filing and hearing of the petition by posting
such notice in a prominent place in the court house and by publication in
a newspaper of general circulation in the county once a week for at least
four consecutive weeks, the last insertion to be at least fifteen days
prior to the hearing of the petition. 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 county commission 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 county
commission on the ............. day of ..........., 20..

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

Clerk of .............. County

Upon hearing of the petition if the county commission finds that there
has been a material change in the values of property in the district
since the last previous assessment of benefits, the county commission
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 any supplemental plan for reclamation, or for both of the
aforesaid purposes. (L. 1993 S.B. 56 § 243.550 subsec. 1)

Thereupon the county commission shall appoint three viewers,
possessing the qualifications of viewers appointed under section 243.050
to make such readjustment of assessments in the manner provided in
section 243.050 and the viewers 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 viewers 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 any supplemental plan for reclamation. 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 shown in any supplemental plan for reclamation shall apply
to the amount of the benefits as readjusted. There shall be no such
readjustment of benefits more often than once in a year. The list of
lands, and other property, with the readjusted assessed benefits and the
order of the county commission, shall be filed in the office of the
county recorder. The petition for reassessment of benefits may request
that the cost of the improvement be payable in more than one installment
and if the county commission agrees in its order of assessment, the
assessment shall be payable in the number of installments, not exceeding
fifteen, so found to be desired, which installments shall be equal, and
each tract of land in the district shall be charged with interest which
shall be apportioned against the lands in the district by the same rule
of apportionment as the principal assessment. (L. 1993 S.B. 56 § 243.550
subsec. 2)

The payments of such installments, and such interest charge and
the payments thereof, shall be as follows:

(1) If such order is made on or after the first day of January and before
the first day of November of any year, the first installment shall be
payable on the thirty-first day of December following the date of such
order, with interest on the principal, at the rate of six percent per
annum, from the date of such order until the first day of April after the
date such installment becomes payable, and one installment shall become
payable on the thirty-first day of each December thereafter with interest
at such rate on the portion of the principal then unpaid, from the
thirty-first day of the previous December until the first day of the
following April, until the entire assessment is paid.

(2) If such order is made on or after the first day of November of any
year, the first installment of such special assessment shall be payable
on the thirty-first day of December of the next year after the date of
such order, with interest at such rate on the principal from the date of
such order until the first day of April after the date such first
installment becomes payable, and thereafter an installment shall be
payable on the thirty-first day of each December, with interest at such
rate on the principal then unpaid, from the thirty-first day of the
previous December to the first day of the following April, until the
entire principal of the assessment is paid. (L. 1993 S.B. 56 § 243.550
subsec. 3)

1. The county commission may, on behalf of the district, issue
bonds not to exceed ninety percent of the total amount of the assessments
levied under the provisions of sections 243.550 to 243.553, 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
county commission, both principal and interest payable at some convenient
banking hours or trust company's office to be named in the bonds, which
bonds shall be signed by the presiding commissioner, attested by the
signature of the county clerk.

2. All of said bonds shall be executed and delivered to the county
treasurer, who shall sell the same in such quantities and at such dates
as the county commission may deem necessary to meet the payments for the
works and improvements in the district. The 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 assessment levied under the
provisions of sections 243.550 to 243.553. The bonds shall not be payable
out of funds of the county and are not obligations of the county. (L.
1993 S.B. 56 § 243.560 subsecs. 1, 2)

A sufficient amount of the assessment levied under the
provisions of sections 243.550 to 243.553 shall be appropriated by the
county commissioners for the purpose of paying the principal and interest
of the 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 interest shall be appropriated by the
county commission out of the penalties and interest collected on
delinquent assessment or any other available funds of the district. Any
expense incurred in paying the bonds and interest thereon, and a
reasonable compensation to the bank or trust company for paying same,
shall be paid out of other funds of the district collected for the
purpose of meeting the expenses of administration. (L. 1993 S.B. 56 §
243.560 subsec. 3)

1. It shall be the duty of the county commission in making
assessments, as provided in this chapter, 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 assessment
made under the provisions of sections 243.550 to 243.553 are not
sufficient to pay the principal and interest of all bonds issued, then
the county commission shall make such additional levy or levies upon
benefits assessed as are necessary for this purpose, and under no
circumstances shall any assessment be made that will in any manner or to
any extent impair the security of the bonds or the fund available for the
payment of the principal and interest of the same.

2. The funds derived from the sale of the 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.

(L. 1993 S.B. 56 § 243.560 subsecs. 4, 5)

As used in this chapter:

(1) The word "ditch" shall be held to include a drain, watercourse, bank
protection, current control or levee or any drain, watercourse, bank
protection, current control or levee hereafter constructed;

(2) The word "owner" 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 this chapter;

(3) The words "regular session" and "regular meeting" of the county
commission shall be held to include and mean the regular terms of the
county commission beginning on the first Mondays of February, May, August
and November, or at such other times as fixed by the county commission in
accordance with the provisions of section 49.170, RSMo. (RSMo 1939 §§
12398, 12452, 12453, A. 1949 S.B. 1083)

Prior revisions: 1929 §§ 10809, 10862, 10863; 1919 §§ 4477, 4529, 4530;
1909 §§ 5578, 5615

1. When it shall be conducive to the public health, convenience
or public welfare, or when it will be of public utility or benefit, the
county commission of any county in this state shall have the authority to
organize, incorporate and establish drainage districts and to cause to be
constructed, straightened, widened, altered or deepened, any ditch,
drain, natural stream (not navigable), bank protection, current control,
or watercourse, when the same is necessary to drain or protect any land
or other property.

2. The petition for any such improvement shall be held to include any
side, lateral, spur, or branch ditch, drain, watercourse, or levee, the
lowering of any lake, the protection of the banks of an adjacent stream
from wash, cutting or erosion or any other work necessary to secure fully
the object of the improvement, petitioned for, whether the same is
mentioned in such petition or not. The commission may establish any such
side, lateral, spur or branch ditch when the main ditch is established,
or at any time thereafter, and the commission shall require that proper
compensation be given the main ditch district for the outlet afforded
such lateral, side, spur or branch ditch; provided, that in the event any
work is to be done upon any navigable stream, the consent of the federal
government shall be obtained to make such improvement or improvements
before the actual work on the improvement shall be begun. (RSMo 1939 §§
12398, 12452, A. 1949 S.B. 1083)

Prior revisions: 1929 §§ 10809, 10862; 1919 §§ 4477, 4529; 1909 §§ 5578,
5615

Before any county commission may organize, incorporate and
establish a drainage district, or make any improvement as provided in
this chapter, there must be filed with the clerk of the county commission
a petition signed by one or more landowners, whose lands will be liable
to be affected by or assessed for the construction of the improvements
necessary to be made, which petition shall set forth the following:

(1) The necessity for the proposed improvement, as well as the starting
point, route and terminus thereof;

(2) The boundary of the proposed district;

(3) The names of the owners of lands or other property within the
boundary of said proposed district, together with a description of the
said lands or other property owned by each; when the name of the owner of
any of said land or other property is unknown the fact shall be stated in
the petition. There shall be filed, with such petition, a bond in the sum
of not less than fifty dollars per mile, payable to the state of
Missouri, signed by one or more of the petitioners, with two or more good
and sufficient freehold sureties, to be approved by the county
commission, conditioned for the payment of all costs and expenses if the
prayer of the petition be not granted or the petition be from any cause
dismissed. No landowner having signed a petition for the formation of a
drainage district under this chapter shall have his name stricken from
such petition without the written consent of the owners of a majority of
the acreage represented by those signing said petition. (RSMo 1939 §
12399)

Prior revisions: 1929 § 10810; 1919 § 4478; 1909 § 5579

At the first term of the county commission after the filing of
the petition the county commission shall appoint one or more attorneys,
satisfactory to the owners of a majority of the acreage represented by
those signing the petition, to assist in the establishment of the
district and advise with its officers, agents and employees, prepare
reports and other necessary documents. The county commission shall allow
such attorney or attorneys just compensation to be taxed as costs in the
case. (RSMo 1939 § 12400)

Prior revisions: 1929 § 10811; 1919 § 4479

1. When such petition and bond has been filed and the bond
approved, the county commission shall without delay appoint a competent
civil and drainage engineer, who may be an individual, copartnership or
corporation, and three persons as viewers, who shall be persons residing
within the state of Missouri, and who shall not be landowners in the
proposed district nor of kin within the fourth degree of consanguinity to
any person owning land within the boundary line set forth in such
petition. A majority of the viewers shall constitute a quorum and shall
control in all matters. They shall subscribe an oath to faithfully
discharge their duties as such viewers and engineer and to make a true
report of the work done and the facts by them ascertained.

2. They shall proceed at once under the direction of an order of the
county commission, certified by the clerk thereof, to view the location
of the proposed ditch or improvement and the premises along and adjacent
thereto. If they find that the proposed improvement is necessary,
practicable and would be of public utility or conducive to the public
health, convenience or welfare, they shall so report and in said report
they shall indicate approximately the proper character, dimension,
location and probable cost of the improvement necessary to accomplish the
object of said petition and if necessary to determine the above facts the
engineer may employ assistants and make surveys and with the approval of
the county commission he may employ a consulting engineer or secure
expert advice and the expense shall be taxed as expenses under the
petition.

3. They shall also ascertain and report what land or other property, if
any, adjacent to the proposed drainage district will be benefited by the
proposed improvement and shall prepare and submit as a part of their
report a description of such lands or other property with the names of
the owners thereof when the same can be ascertained by reasonable
diligence and shall also set forth the boundary line of such proposed
drainage district so as to include the additional land or other property.
They shall report their findings in writing with such maps, profiles and
drawings as are necessary to advise the county commission in the premises
and shall promptly file the same with the county clerk. (RSMo 1939 §
12401, A.L. 1990 H.B. 1070)

Prior revisions: 1929 § 10812; 1919 § 4480; 1909 § 5580

Immediately after the report of the viewers and engineer has
been filed, it will be the duty of the county clerk to cause notice
thereof to be published in some newspaper published in the county wherein
the proceedings are pending. Such notice shall be published once a week
for three consecutive weeks, three times, and shall be in substantially
the following form:

NOTICE OF PENDENCY OF PETITION TO FORM

DRAINAGE DISTRICT.

Notice is hereby given to all persons interested in the following
described land and other property in ......... County of Missouri (here
describe the property as set out in the petition and report of the
viewers and engineer) that there has been filed in this office a petition
for the organization of a drainage district under the provisions of
chapter 243, RSMo, that the duly appointed viewers and engineer have made
and filed their report in this office, and that the lands and other
property as above described will be affected by the formation of the
proposed drainage district and be rendered liable to taxation for the
purpose of paying the expenses of organizing and incorporating the
district and making and maintaining the improvements that may be found
necessary to drain, protect and reclaim the lands and other property
therein and you and each of you are hereby notified that you may examine
the said petition and report and file exceptions to all or any part
thereof as provided by law.

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

Clerk of the county commission of ......... County,

Missouri. (RSMo 1939 § 12402)

Prior revisions: 1929 § 10813; 1919 § 4481; 1909 § 5581

1. Not later than ten days after the last day of publication of
the notice provided for in section 243.060, any person interested in land
or other property that will be affected by the organization of the
proposed drainage district or by said proposed improvement, may file, in
the office of the county clerk, a written remonstrance against or
objection to the petition or report of the viewers, setting forth therein
his grievance, which shall be, by the county commission, heard and
determined, in a summary manner.

2. If, after hearing and determining all such objections, the county
commission finds that the owners of a majority in acreage of the proposed
district are petitioners or have joined in the prayer of said petition,
by motion, or otherwise, then the county commission shall, or if less
than a majority, the county commission, in its discretion, may find in
favor of making the improvement. The petitioners shall be released from
their liability and bond when the county commission shall find in favor
of making the improvement. If the county commission finds in favor of
making the improvement, it shall, by order of record, incorporate the
land and other property described in the report of the viewers and
engineer or any part thereof into a drainage district for the purpose of
this chapter, and shall designate the same by number.

3. Such district shall be a body corporate and a political subdivision of
the state, shall possess the usual powers of a corporation for public
purposes, shall be capable of suing and being sued in its corporate name
and shall be capable of holding such real and personal property as may be
at any time either donated to or acquired by it in accordance with the
provisions of this chapter or of which it may be rightfully possessed at
the time of the passage of this chapter.

4. If the county commission shall find against the improvement, it shall
dismiss the petition and proceedings at the cost of the petitioners, and
shall issue an itemized bill of all costs and expenses, in like manner
and with like effect as fee bills are issued by the clerk of the circuit
court. (RSMo 1939 § 12403)

Prior revisions: 1929 § 10814; 1919 § 4482; 1909 §§ 5582, 5583

The county commission may, if it determines after notice and
hearing, in the same manner as is provided for establishment of such a
district that a drainage district organized by the county commission
under this chapter has been inactive for at least ten years, make an
order calling for the dissolution of the inactive district and the
distribution of any funds of the inactive district, by the county
treasurer, to any subsequently organized district or districts
incorporating all or part of the territory of the inactive district on a
pro rata basis of any funds of the inactive district; and if any portion
of the inactive district incorporated under this chapter is not within a
subsequently organized district the county commission shall order the
county treasurer to make refunds on a pro rata basis to the present
owners of the property on which the tax was levied as their interest
appears of record, and the county treasurer shall have authority to draw
checks against the funds of the district for this purpose. After all the
funds have been distributed, the county commission shall declare the
district dissolved. In prorating, the assessed valuation of the various
tracts of land shall be the basis on which the proration is made and the
assessed valuation of the tracts involved for the year in which the
dissolution is ordered shall be used. (L. 1971 H.B. 346 § 1)

1. Immediately after establishing a district as provided in this
chapter, the county commission shall, by an order of record, direct the
viewers and engineer theretofore appointed or appoint others possessing
the same qualifications, who shall proceed to view the lands and other
property in the district and establish the precise location where, in
their judgment, the proposed improvement will prove most efficient and
shall determine the dimensions and form of the proposed ditch, levee or
other improvement. They may, if deemed best, vary from the line or lines
of the ditches described in the petition provided they follow the line as
nearly as practicable. If necessary to obtain sufficient fall or outlet
they may extend the outlet below the point named in the petition. When
practicable, the ditches shall be located on division lines between lands
owned by different persons but the general utility of the ditches shall
not be sacrificed to avoid diagonal lines. The engineer shall make a
survey of each ditch, levee or other improvement and prepare profiles
thereof, showing the natural surface and the grade lines and he shall
estimate the number of cubic yards of earth or other substance to be
removed and shall specify and estimate all other work required. He shall
prepare a map of the district showing the lands, roads and railroads and
other property which will be affected by the construction of said
proposed improvement which shall also show the approximate location
thereof, the boundary line of each tract of land, or other property, the
location of each corporate road or railroad, together with such other
data as the viewers and engineer may deem necessary for the information
of the county commission.

2. Whenever the construction of any ditch, levee or other work specified
in this section will destroy the witness marks of any land corner, the
engineer shall note such fact and shall note other witnesses for said
corner and describe them and give the bearing and distance of same from
said corner in the report of his work. The engineer shall also prepare
and file a complete record of the corners and witness marks thereto
destroyed and reestablished and noted and shall file the same in the
office of the county surveyor who shall record the same in the records of
his office. The engineer may, at the expense of the district and with the
approval of the county commission, employ the necessary assistants in
making surveys, maps and profiles and secure the services of a consulting
engineer or expert advice.

3. The said viewers and engineer shall make a schedule of lands in tracts
of forty acres or less or government subdivision of sections or other
surveys and all railroads and other property within said drainage
district which will be benefited or damaged by or for said improvements,
which schedule shall show the owner or owners of each tract of land,
road, railroad or other property, so far as they are able by diligent
effort to ascertain. They shall assess the amount of benefits and the
amount of damages, if any, that will accrue and result to each tract of
land, road, railroad or other property by the construction of the
improvements and shall prepare a report of their findings 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, "damages awarded".

4. They shall also prepare and include in their report a description of
the land and other property within or without the district necessary to
be acquired for right-of-way of ditches and other improvements, and they
shall determine and set out the value of each tract of land or other
property necessary to be acquired. They shall also make an estimate of
the total cost of the improvements, including the cost of organizing said
drainage district, the payment of all damages, the cost of property
required, and the incidental expenses necessary for conducting its
affairs. (RSMo 1939 § 12405)

Prior revisions: 1929 § 10816; 1919 § 4484; 1909 § 5584

1. The said viewers and engineer shall make a report of their
work, as required in section 243.080, with the maps, profiles, schedules,
estimates and other information, together with an itemized bill of costs
made in the proper discharge of their duties and shall file this report
with the clerk of the county commission within thirty days after making
said surveys and estimates.

2. Any and all persons whose lands may be affected by the improvement may
appear before the viewers and freely express their opinions on all
matters pertaining thereto.

3. If any engineer or viewer shall die or fail or refuse to qualify and
serve as such, the county commission may appoint some other person having
the prescribed qualifications, who shall, before entering upon the
discharge of his duties, take the oath prescribed by this chapter. (RSMo
1939 § 12406)

Prior revisions: 1929 § 10817; 1919 § 4485

1. In assessing the benefits to lands, public highways, railroad
and other rights-of-way, railroad roadways and other property not
traversed by the improvements, the viewers shall not consider what
benefits will be derived by such property after other ditches or
improvements shall have been constructed, but they shall assess only such
benefits as will be derived from the construction of the improvements to
be constructed by this district, or as the same may afford an outlet for
drainage or protection from overflow of or damage to such property.

2. The viewers shall give due consideration and credit to any other
drains, ditch or ditches, levee or levees which may have already been
constructed and which afford partial or complete protection to any tract
or parcel of land in the new district.

3. 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 improvements.

4. When part of a tract of land is to be acquired by the district for
right-of-way or other purposes, the viewers shall list the remainder of
the tract in the schedule of benefits, and show the acreage remaining and
shall estimate the benefits which will accrue to same. (RSMo 1939 § 12407)

Prior revisions: 1929 § 10818; 1919 § 4486

Upon the filing of the report of the viewers and engineer, the
clerk shall immediately give notice of the filing thereof, by publication
in some newspaper published in the county wherein the proceeding is
pending. Such notice shall be published for three successive weeks, three
times, and shall be substantially in the following form, to wit:

NOTICE OF FILING OF VIEWERS' REPORT IN

DRAINAGE DISTRICT NO. ......... OF

...... COUNTY, MISSOURI.

Notice is hereby given to all persons interested in the following
described land and other property included within drainage district No.
......... of ......... County, Missouri (here describe land and other
property), that the viewers heretofore appointed to establish the precise
location of the improvements, to assess benefits and damages to the
property and lands situate in said drainage district and to appraise the
cash value of land necessary to be taken for rights-of-way 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 county commission of ......... County,

(RSMo 1939 § 12408)

Prior revisions: 1929 § 10819; 1919 § 4487

1. The attorney for the drainage district or any owner of land
or other property in said district, may file exceptions to said report
within ten days after the last day of publication of the notice provided
for in section 243.110. All exceptions shall be heard by the county
commission 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 county commission, after having heard and
determined all of said exceptions, that the estimated cost of
constructing the proposed improvement is less than the benefits assessed
against the land and other property in said district, then the county
commission shall approve and confirm said viewers' report as so modified
and amended.

2. The county commission 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 viewers 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.

3. The price of the land and other property taken for rights-of-way and
other use of the district and the damage to each piece of land and other
property shall be paid in cash to the owner thereof and no drainage
district shall have the right to enter upon or appropriate any land or
other property sought to be acquired until the prices awarded to the
owners of such land shall have been paid to such owners or into the
commission organizing the district for the use of such owners; and if the
sums awarded be not so paid within five years from the date of final
confirmation of the viewers' report, all proceedings as to the taking of
such property for rights-of-way, and other works not so paid for, shall
abate at the cost of the district. Whenever any land is acquired by any
district under the provision of this chapter 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.

4. Any person may appeal to the circuit court from the judgment of the
county commission, and upon such appeal there may be determined either or
both of the following questions:

(1) Whether just compensation has been allowed for property appropriated;
and

(2) Whether proper damages have been allowed for property prejudicially
affected by the improvements.

5. The court shall grant the appeal if the appellant shall, before the
end of the term of the county commission and within ten days from the
date of the order appealed from, file a written application for an
appeal, specifying therein the matters appealed from, verified by
affidavit as in appeals taken from judgments of circuit courts, and the
application shall be recorded upon the record of the county commission.

6. The county commission shall then fix the amount of the bond to be
given by the appellant and cause an entry thereof to be made upon its
record. The party appealing shall within ten days thereafter file with
the clerk a bond payable to the drainage district in the amount fixed by
the county commission, with at least two good and sufficient freehold
sureties, to be approved by the county commission, or in vacation, by the
clerk, conditioned to pay all costs on the appeal in case the appellant
fail to sustain the same, or the appeal be for any reason dismissed; and
within ten days from the date of filing said bond the said clerk shall
make and certify a transcript of the proceedings had before the county
commission relating to the land of appellant and involved in the appeal,
and file the same, together with all original papers relating to the
proceedings, on file in his office, in the office of the clerk of the
circuit court; provided, that nothing in this section shall be so
construed as to authorize any appellant to stay the proceedings in the
county commission, or to prevent progress in the work of constructing any
work or improvement; but said county commission may proceed with said
work, and any subsequent proceedings in the circuit court shall affect
only the rights and interests of the appellant in property located in
such district. The county commission may, if it deems advisable, refer
the report back to the viewers, with or without directions for correction
or amendment in any particular, in which event a new notice shall be
given in the manner and for the time provided in section 243.110, which
notice shall be substantially in the following form:

NOTICE OF FILING OF AMENDED REPORT OF

VIEWERS AND ENGINEER IN DRAINAGE

DISTRICT NO. ......... OF .........

COUNTY, MISSOURI.

Notice is hereby given to all persons interested in drainage district No.
......... of ......... County, Missouri, that on the ......... day of
........., 20........., the viewers and engineer of said drainage
district refiled their report, together with modifications and
amendments, and you and each of you are hereby notified that you may
examine said report and file exceptions to all or any part thereof.

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

Clerk of the county commission of ......... County,

7. Exceptions to an amended report may be filed in like time and manner,
as in the case of filing the original report, and the proceedings
thereafter shall be the same as in the case of the report in the first
instance. (RSMo 1939 § 12409)

Prior revisions: 1929 § 10820; 1919 § 4488; 1909 § 5592

The county commission shall have the right to condemn for the
use of a district organized under the provisions of this chapter any
necessary land or other property not acquired or condemned by the county
commission on the report of the viewers, following also 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. (RSMo
1939 § 12411)

Prior revisions: 1929 § 10822; 1919 § 4490

CROSS REFERENCE: Condemnation of land for public purposes by county
commission, proceedings, RSMo 49.300

1. Any land lying outside of any drainage district as organized,
the owner or owners of which shall thereafter make connection with any
main ditch or drain, or other drain in any district, or whose lands are
or will be benefited by the work or drainage district, shall be deemed to
have made voluntary application to be included in such drainage district,
and thereupon the county commission shall obtain a description of such
land benefited and amount of benefits in same manner as provided for
construction of ditches in this chapter, the name of the owner or owners
thereof, and a description of the ditch or drain making such connection,
and file the same in its records.

2. Said county commission shall then fix a day, not less than fifteen
days from such filing, when it will hear complaints, and thereupon the
clerk of said county commission shall give ten days' notice thereof in
writing to such owners, which notice shall be served by reading or
delivering a copy thereof to such owner or owners of, if a nonresident,
to his tenant, and affidavit of such service shall be evidence thereof.
At the time fixed, the county commission shall render its decision in
said cause, and shall file copies thereof with the clerk of the county
commission, giving a description of any land annexed, and such lands
shall be deemed a part of such district, and shall be assessed as other
lands therein for maintaining said ditches. (RSMo 1939 § 12445)

Prior revisions: 1929 § 10855; 1919 § 4522; 1909 § 5632

Whenever any of the counties in which any drainage district
shall be organized under the provisions of this chapter shall be the
owner of a tract or tracts of swamplands, granted to it by the state of
Missouri, which will be benefited by the construction of any such ditch
or drain, the said land shall be assessed as to benefits and damages as
any other land and the taxes levied against the same shall be paid by the
county commission out of the swampland fund or out of any fund or funds
arising from the proceeds of the sale of swamplands of such county. (RSMo
1939 § 12449)

Prior revisions: 1929 § 10859; 1919 § 4526

1. The county commission for and on behalf of a drainage
district shall have full power and authority to build, construct,
excavate and complete all or any works and improvements which may be
needed to complete the improvements located, described and set forth in
the duly confirmed report of the viewers and engineer.

2. To accomplish that end the said county commission is hereby authorized
and empowered to employ men and teams and to rent or 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.

3. They may, in their discretion, let the contract for such works and
improvements either as a whole or in sections. The county commission
shall fix the time and place of letting contracts for the construction of
the improvements, and cause notice thereof, containing a description of
the work to be let, to be given by the clerk of the county commission, by
publication in three consecutive issues of some weekly newspaper of
general circulation, published in the county, and by at least one
insertion in some suitable contractor's or trade journal, the last
insertion to be at least ten days before the day of letting. (RSMo 1939 §
12423)

Prior revisions: 1929 § 10833; 1919 § 4501; 1909 § 5595

1. Within sixty days after the confirmation of the report of the
viewers and engineer assessing the benefits and damages, the county
commission shall appoint a competent civil and drainage engineer as
district engineer, who may be an individual, copartnership or
corporation, and who shall engage such assistants as the county
commission may approve.

2. The district engineer shall have control of the engineering work in
the district and with the approval of the county commission he may employ
a consulting engineer. The district engineer shall also be the
superintendent of the construction of all the works and improvements and
shall, whenever required, and at least once a year, make a full report to
the county commission of all work done and improvements made and make
such suggestions and recommendations to the commission as he may deem
proper.

3. The district engineer shall give bond in the sum of not less than one
thousand dollars or as much greater amount as the county commission may
fix, for the faithful performance of his duties as engineer of such
district. Such bond shall be signed by at least two residents of the
county in which such district has been organized or by a surety company
authorized to transact business in this state, and shall be made to such
district and preserved in the office of the county clerk. (RSMo 1939 §
12424, A.L. 1990 H.B. 1070)

Prior revisions: 1929 § 10834; 1919 § 4502

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