Missouri Statute | Act | Code |Lands, Levees, Drainage, Sewers And Public Water Supply| US Code - US Statute

1. The term "levee districts" as used in sections 245.010 to
245.280, and all other terms or provisions of law contained in sections
245.010 to 245.280, which have heretofore been interpreted, as apply to
said levee districts, shall be construed to include, authorize, provide
for and be made applicable to all districts now organized or which may
hereafter be organized for the purpose of establishing, constructing or
causing to be constructed, levees, dikes, bank protections, current
control or other protection or reclamation improvements contiguous or
adjacent to or situate near any body of swamp, wet or overflowed land, or
other property in the nature of individual or corporate franchises in
this state, or land subject to overflow or inundation in or adjacent to
any river or stream wholly within or bordering on the state of Missouri,
property or land abutting, or situate near, which may be endangered or
liable to be endangered through wash or bank erosion; provided, that
whenever the proposed district is intended to include or does include
lots, tracts, parcels or other subdivisions of land included in any third
or fourth class city, town or village of this state, or in any city in
this state under fifty thousand population operating under a special
charter, the words "acre", "acreage" or "subdivision of land" as now used
in sections 245.010 to 245.280, shall be held and construed to include
and be used interchangeably with the words "area", "lot", "tract" or
"parcel of land", so that a lot or other subdivision of land within such
cities shall correspond to the word "acre" as used in sections 245.010 to
245.280, when the levee district is organized in a rural area.

2. The word "owner" as used in sections 245.010 to 245.280 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 sections 245.010 to 245.280.
(RSMo 1939 §§ 12493, 12531, A.L. 1974 V. II p. 226, A.L. 1965 p. 381,
A.L. 1978 H.B. 1634)

Prior revisions: 1929 §§ 10903, 10941; 1919 § 4635

Effective 1-2-79

1. The owners of a majority of the acreage in any contiguous
body of swamp, wet or overflowed land or other property in the nature of
individual or corporate franchises in this state, or land subject to
overflow, wash or bank erosion, located in one or more counties or in any
city, town, or village in this state not located within any county with a
charter form of government and with more than two hundred fifty thousand
but less than three hundred fifty thousand inhabitants, or in any city,
town, or village of the third or fourth classification in this state
which is located within any county with a charter form of government and
with more than two hundred fifty thousand but less than three hundred
fifty thousand inhabitants, may form a levee district for the purpose of
having such land and other property reclaimed and protected from the
effects of overflow and other water, for sanitary or agricultural
purposes, or from the effect of wash or bank erosion, or when the same
may be conducive to the public health, convenience or welfare, or of
public utility or benefit, by levee, or otherwise, and for that purpose
they may make and sign articles of association in which shall be stated:
the name of the district, and the number of years the same is to
continue; the boundary lines of the proposed levee district; the names as
listed on the county assessor's records of the owners of land or other
individual or corporate franchise property in such district, together
with a plat of the district showing the lands to be covered in the
district; such articles shall further state that the owners of real
estate and other such property within the district whose names are
subscribed to such articles are willing to and do obligate themselves to
pay the tax or taxes which may be assessed against their respective lands
or other property to pay the expense of organizing, and of making and
maintaining the improvements that may be necessary to effect the
reclamation or protection of such lands or other such property, so formed
into a levee district, and to reclaim and to protect the same from the
effects of overflow and other water, or from bank erosion or wash, and
the articles of association shall contain a petition praying that the
lands and other property described therein be declared a levee district
under the provisions of this law. After the articles of association and
petition have been so signed the same shall be filed in the office of the
circuit clerk of the county in which such lands and other property are
located; or, if such lands and other property be composed of tracts or
parcels located in two or more different counties then in the office of
the clerk of the circuit court of the county in which more of such lands
and other property are located than in any other county; 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 improvements
shall be begun.

2. The* modifications to this section, as enacted by the ninety-second
general assembly, second regular session, shall not be construed to
enhance or limit the current law, and any interpretation thereof, with
regard to where a levee district may or may not be formed within any
county with a charter form of government and with more than two hundred
fifty thousand but less than three hundred fifty thousand inhabitants nor
any city, town, village, or other political subdivision contained
therein. (RSMo 1939 § 12492, A.L. 1947 V. II p. 226, A.L. 1965 p. 381,
A.L. 1994 S.B. 600 merged with S.B. 633, A.L. 2004 H.B. 795, et al.
merged with H.B. 1207)

*Word "Any" appears in original rolls of H.B. 1207, 2004.

(1971) County levee district, organized January 11, 1910, under statute
requiring number of years district was to continue to be stated in the
articles of association and the articles stated 50 years, ceased to exist
on January 11, 1960, and the levying of taxes and other functions
performed since were done without authority. Watts v. Gross (A.), 468
S.W.2d 223.

1. After such articles of association shall have been filed, the
clerk in whose office the articles of association have been filed shall
give notice by causing publication to be made once in some newspaper
published in each county in which the land and other property of the
district are situate; said notice shall be published within fourteen days
of filing of the articles; said notice shall be substantially in the
following form and it shall be deemed sufficient for all purposes of
sections 245.010 to 245.280:

NOTICE OF APPLICATION TO FORM LEVEE DISTRICT.

Notice is hereby given to all persons interested in the following
described real estate and other property in ......... County of Missouri
(here describe the property as set out in the articles of association)
that articles of association asking that the foregoing lands and other
property be formed into a levee district under the provisions of sections
245.010 to 245.280, RSMo, have been filed in this office, and the
foregoing real estate and other property will be affected by the
formation of said levee district and be rendered liable to taxation for
the purposes of paying the expenses of organizing and making and
maintaining the improvements that may be found necessary to effect the
leveeing and reclamation of the land and other property in said district,
and you and each of you may file objections or exceptions to said
articles of association and petition on or before the ......... day of
........., 20...., in this office, but not thereafter, if any there be,
why said levee district as set forth in the articles of association shall
not be organized as a public corporation of the state of Missouri.

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

Clerk of circuit court of ......... County. The circuit court of the
county in which said articles of association have been filed shall
thereafter maintain and have original and exclusive jurisdiction
coextensive with the boundaries and limits of said district without
regard to county lines, for all purposes of this law; provided, that
where lands in different counties are sought to be incorporated in the
same district, it shall not be necessary to include all of the lands in
said proposed levee district in the notice published in the different
counties, but only such lands and other property in the district as are
situate in the respective counties.

2. Within fourteen days of the filing of the articles, those petitioning
for the creation of the district shall mail, by certified mail, a copy of
the notice contained in this section to the names as listed on the county
assessor's records of the owners of land or other individual or corporate
franchise property in the district, including all public entities owning
land within the district. (RSMo 1939 § 12494, A.L. 1994 S.B. 633)

Prior revisions: 1929 § 10904; 1919 § 4598; 1909 § 5704

Effective 7-12-94

(1972) Notice by publication given under this section was
constitutionally sufficient under due process clause of United States
Constitution in the particular case since decree incorporating levee
district did not disturb property interests. J.A. Bruening Co. v. Liberty
Landing Levee District (Mo.), 475 S.W.2d 125.

Any owner of real estate or other property as herein described
in said proposed district, who may not have signed said articles of
association objecting to the organization and incorporation of said levee
district, may, within fourteen days after the date of publication
pursuant to section 245.020, file his objection or objections why such
levee district should not be organized and incorporated. Such objection
or objections shall be limited to a denial of the statements in the
articles of association, and shall be heard by the court in a summary
manner, taking precedence over all matters except older matters of the
same character, and in case all such objections are overruled, the
circuit court shall, by its order duly entered of record, duly declare
and decree said levee district a public corporation of this state, for a
term not exceeding the time mentioned in said articles of association
signed and filed. If the court finds that the land set out in said
articles of association should not be incorporated into a levee district,
it shall dismiss said proceedings and adjudge the costs against the
signers of said articles of association in proportion to the acreage
represented by each. Any person having signed the articles of association
shall have no right to have said proceedings dismissed as to him without
the written consent of the majority in acreage of the owners who signed
said articles. The articles of association and petition may be amended as
any other pleading. Within ten 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 immediately
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. The secretary of state shall immediately
send a certified copy to the U. S. Corp of Engineers District office
where the levee district is located. 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 land in said
district, where the same shall become a permanent record, and each such
recorder shall receive a fee of one dollar for filing and preserving the
same. (RSMo 1939 § 12495, A.L. 1994 S.B. 633)

Prior revisions: 1929 § 10905; 1919 § 4599

Effective 7-12-94

(1951) Objectors could show that purpose of district would not reclaim
lands from effects of overflow and upon such showing, court is justified
in finding district would not accomplish its purpose. Little Black
Drainage Dist. v. Robb, 241 A. 588, 240 S.W.2d 167.

(1951) Signers of articles of association could not have proceedings to
incorporate district dismissed as to them so as to remove requisite
acreage from proposed district. Little Black Drainage Dist. v. Robb, 241
A. 588, 240 S.W.2d 167.

1. Any two or more adjacent districts, whether incorporated in
the same or different counties, may be united and consolidated in one
district, and such new district and the board of supervisors thereof
shall have all the rights, powers and privileges of any district
organized under sections 245.010 to 245.280.

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

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

4. Any person owning land in either of said districts, on or before the
date set out in the notice on which said matter is set to be heard, may
file objections to the regularity or sufficiency of any of the
proceedings had in the premises, and if such objections are overruled, or
if no objections are made, the court shall make an order that any two or
more of the several districts so asking to be united shall be united and
consolidated as one district, under some appropriate designation, with
all the rights, powers and privileges of districts organized under
sections 245.010 to 245.280 and except as hereinafter provided the lands
so included in the new district shall be subject to all liens,
liabilities and obligations of the original districts, and a new board of
supervisors shall be elected, as is now provided in case of election of
supervisors, and all orders made in regard to extension of time,
boundaries or uniting districts shall be spread on the records of the
circuit court, and a certified copy thereof shall be filed with the
recorder of deeds of each county in which any of such lands is located,
and also with the secretary of state, who shall immediately send a
certified copy to the U. S. Corp of Engineers District office where the
levee district is located, and said recorder shall receive a fee of one
dollar for filing and preserving such certificates; provided, however,
that if any district included in any consolidated district shall have
issued bonds which are outstanding at the time of such consolidation, the
taxes levied to pay such bonds and the interest thereon shall be an
obligation of only the property within such component district. (RSMo
1939 § 12536, A.L. 1959 H.B. 311, A.L. 1994 S.B. 633)

Prior revisions: 1929 § 10946; 1919 § 4640

Effective 7-12-94

Whenever the board of supervisors of any district organized
under sections 245.010 to 245.280 or any previous enactment of the
general assembly of the state of Missouri providing for the organization
of levee districts by the circuit courts, finds that the time for which
such districts has been incorporated should be extended in order to raise
funds to complete "the plan for reclamation", pay for works already
completed, pay bonds outstanding and interest thereon, or interest on the
same, restore any works or construct new works, such board shall call a
meeting of landowners of the district in the same manner as is provided
for in section 245.060; the notice shall state the time, place and
purpose of such meeting, and that if the majority of acres and mileage as
herein provided represented at said meeting be cast in favor of such
extension of the district's corporate existence a petition will be
presented to the court organizing the district, asking for such extension
of time. Such meeting shall be conducted in the same manner as is
provided in section 245.060 for the election of supervisors, except that
one member of the board of supervisors shall act as chairman of such
meeting and the secretary of the board or his deputy shall act as clerk;
and if a majority of the acreage represented at such meeting shall vote
in favor of such extension the board of supervisors shall within
forty-five days before the next term of the circuit court file a petition
with the clerk of said court praying for the extension of the corporate
existence of the district, and after the filing of such petition the same
proceedings shall be had as is provided for in sections 245.020 and
245.025 relating to articles of association and incorporation of the
district. If such petition be granted by the court, within twenty days
thereafter the circuit clerk shall transmit a copy of the decree to the
secretary of the board of supervisors, who shall transmit a copy of the
same to the secretary of state and to the recorder of deeds of each
county having land or other property in the district, who shall file and
preserve the same in his office, and for such service he shall receive a
fee of one dollar. In case the court shall find that such extensions
should not be allowed, said petition shall be dismissed and the cost
incurred in the case be paid by the district. (RSMo 1939 § 12537)

Prior revisions: 1929 § 10947; 1919 § 4641

Any levee district of Missouri heretofore organized, in process
of organization or that may hereafter be organized under the provisions
of any previous or existing laws of this state, either general or
special, other than sections 245.010 to 245.280, may elect in the manner
herein provided to become and be reorganized under the provisions of
sections 245.010 to 245.280. (RSMo 1939 § 12540)

Prior revisions: 1929 § 10950; 1919 § 4644

Any levee district heretofore organized and any district that is
now in process of organization or any levee district that may hereafter
be organized under any previous or existing law of this state, either
general or special, may organize under the provisions of sections 245.010
to 245.280, and after so organized shall be entitled to the benefits of
all of the provisions of sections 245.010 to 245.280. The owners of a
majority of acreage of any existing levee district may make and sign
articles of association in which shall be stated: The name of the
district which shall be the same as the name it bears when such articles
of association are made, and the number of years such district is to
continue, which shall in no event be for fewer years than the life of any
of its existing obligations. Such articles shall also state that the
boundaries of the district will be the same as the boundaries of the
present organization and that the description of the land and other
property and the owners thereof are such as are described in the present
record of the district as now organized and said articles of association
shall contain a petition, praying that the lands of said levee district
be declared a levee district under the provisions of sections 245.010 to
245.280. After such articles of association have been so signed, the same
shall be filed in the office of the clerk of the circuit court of the
county in which such lands are situate, or if such lands be situate in
two or more counties, then in the office of the clerk of the circuit
court of the county in which there are situate more of said lands than in
any other county. (RSMo 1939 § 12541)

Prior revisions: 1929 § 10951; 1919 § 4645

Immediately after such articles of association have been filed,
the circuit clerk in whose office the same have been filed shall give
notice in the manner and for the time specified in section 245.020, said
notice to be in substantially the following form which shall be deemed
sufficient for all the purposes of sections 245.010 to 245.280:

NOTICE FOR HEARING OF PETITION FOR

REORGANIZATION OF ......... LEVEE DISTRICT

Notice is hereby given to owners of land and other property in ".....
levee district" of Missouri that articles of association have been filed
in this office, asking that said levee district be reorganized under the
provisions of sections 245.010 to 245.280, and that you, and each of you,
are notified to appear before the court on the ..... day of .........,
19.., at ......... in ......... County, and show cause, if any there be,
why said levee district as set forth in said articles of association
should not be reorganized as a public corporation under this law.

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

Clerk of the circuit court of ......... County. The circuit court of the
county in which said articles of association have been filed shall
thereafter maintain and have original and exclusive jurisdiction
coextensive with the boundaries and limits of said district without
regard to county lines, for all purposes of sections 245.010 to 245.280;
provided, that where lands in different counties are sought to be
incorporated in the same district, it shall not be necessary to include
all of the lands in said proposed district in the notice published in the
different counties, but only such lands and other property in the
district as are situate in the respective counties. (RSMo 1939 § 12542,
A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 10952; 1919 § 4646

Effective 1-2-79

After said notice has been so given the matter shall be
proceeded with in the same manner as is provided for where articles of
association for the formation of a levee district have been filed. (RSMo
1939 § 12543)

Prior revisions: 1929 § 10953; 1919 § 4647

Within thirty days after any levee district shall have been
organized and incorporated under the provisions of section 245.025 the
circuit clerk of the court organizing such district shall, upon giving
notice by causing publication to be made once a week for two consecutive
weeks in some newspaper published in each county in which lands of the
district are located, the last insertion to be at least ten days before
the day of such meeting, call a meeting of the owners of real estate or
other property located in such district, including the authorized
representative of any corporation which owns real estate or other
property located in such district, at a day and hour specified in some
public place in the county in which the district was organized, for the
purpose of electing a board of five supervisors, to be composed of owners
of real estate in the district, which may include the authorized
representative of any corporation which owns real estate or other
property in the district, two of whom at least shall be residents of the
county or counties in which the district is located, or some adjoining
counties; the landowners, when assembled, shall organize by the election
of a chairman and secretary of the meeting, who shall conduct the
election; at such election each and every acre of land and each and every
mile of right-of-way of every corporation owning a franchise in the
district shall represent one share, and each owner shall be entitled to
one vote in person or by proxy for every acre of land or mile of
right-of-way owned by him or her in such district, and the five persons
receiving the highest number of votes shall be declared elected as
supervisors; and the supervisors shall immediately by lot determine the
terms of their office, which shall be respectively one, two, three, four
and five years, and they shall serve until their successors shall have
been elected and qualified; provided, that if the levee district be
located wholly within a third or fourth class city of this state, or
within any city in this state under fifty thousand population operating
under a special charter then the owner of each lot, tract, parcel or
subdivision thereof, as set forth in the final decree of the court
creating and incorporating such levee district, shall be entitled to one
vote, in person or by proxy, for each lot, tract, parcel or subdivision
thereof, owned by him or her. (RSMo 1939 § 12496, A.L. 1947 V. II p. 226,
A.L. 1999 H.B. 450, A.L. 2004 H.B. 795, et al. merged with H.B. 1207)

Prior revisions: 1929 § 10906; 1919 § 4600; 1909 § 5705

If it is made to appear to the judge of the circuit court
organizing the district, either in term time or vacation, by an
application in writing made by any person or persons interested, that any
meeting of landowners for the election of the board of supervisors or any
member thereof, held under section 245.060, was improperly called or that
the notice thereof improperly or insufficiently stated the time and place
of such meeting, or that such notice was not published for the proper
time or in the proper manner or was for any other reason insufficient,
the circuit judge shall order the clerk of the court in which the
district was organized to notify by summons the supervisor or supervisors
to be affected thereby, setting forth a copy of the application filed and
requiring such member or members to appear before the court at a time and
place therein specified, which time shall be not less than five days from
the receipt of said notice, and show cause why, if any there be, said
office or offices shall not be declared vacant. If it appear to the court
at the hearing of the objection or complaint that the said notice of
landowners' meeting and election was for any reason insufficient, the
court shall declare said office or offices vacant and he shall direct the
clerk of the court organizing the district to call a meeting of the
property owners for the purpose of electing other supervisors to fill the
vacancy or vacancies, and thereupon it shall be the duty of the said
clerk to call and give notice of such new meeting, in the manner and for
the time specified in section 245.060. The meeting of the property owners
and the election of the supervisor or supervisors shall be conducted, in
all particulars, as prescribed in section 245.060, and the supervisor or
supervisors thus elected shall supersede the member or members previously
elected, and upon qualifying as provided in sections 245.070 and 245.075,
such supervisors shall thereupon become the true corporate authorities of
the district for the unexpired term or terms of the de facto supervisor
or supervisors whose offices have been vacated as herein provided;
provided, that where such vacancy shall occur because of the
insufficiency of notice of the annual landowners' meeting held under the
provisions of section 245.070, the remaining qualified supervisors shall
fill such vacancy by appointment, such appointed supervisor to hold
office only until the next regular annual landowners' meeting, at which
time a new supervisor shall be elected to fill out the remaining
unexpired term. (RSMo 1939 § 12497)

Prior revisions: 1929 § 10907; 1919 § 4601

In the same month of each year after the election of the first
board of supervisors, the board of supervisors shall call a meeting of
the owners of land and other property herein described in the district,
in the same manner as is provided for in section 245.060, and such owners
shall meet at the time and place fixed by the board of supervisors and
elect one supervisor therefor in like manner as prescribed in section
245.060, who shall hold his office for five years or until his successor
is elected and qualified; and in case of a vacancy in any office of
supervisors the remaining supervisors may fill such vacancy until the
next annual meeting, when a successor shall be elected for the unexpired
term; provided, that after the report of the commissioner has been
confirmed by the court under the provisions of section 245.130 only the
land and other such property having benefits assessed against it shall be
entitled to vote at the annual meetings held under the provisions of this
section. (RSMo 1939 § 12499)

Prior revisions: 1929 § 10909; 1919 § 4603

Each supervisor before entering upon his official duties shall
take and subscribe to an oath before some officer authorized by law to
administer oaths, that he will honestly, faithfully and impartially
perform the duties devolving upon him in office as supervisor of the
levee district in which he was elected, and that he will not neglect any
of the duties imposed upon him by sections 245.010 to 245.280. (RSMo 1939
§ 12500)

Prior revisions: 1929 § 10910; 1919 § 4604

1. The board of supervisors immediately after their election
shall choose one of their number president of the board, and elect some
suitable person secretary, who shall serve until his successor is
elected, accepts the office and qualifies, and who may or may not be a
member of the board. Such board shall adopt a seal with a suitable device
and shall keep a record of all its proceedings, which shall be open to
the inspection of all owners of real estate and other property herein
described of the district, as well as to all other interested parties.
The board shall report to the landowners at the annual meeting held under
the provisions of section 245.070 what work has been done either by the
engineers or otherwise. The members of the board shall receive, for
attending to business for and on behalf of said district, actual
transportation expenses, which shall be audited by the board before
payment.

2. At the annual meeting called by the board of supervisors under the
provisions of section 245.070, the owners shall set the compensation to
be received by the members of the board for their services while actually
engaged in work for the district; provided, however, that if the
secretary be a member of the board he shall be compensated as provided
for in section 245.090. (RSMo 1939 § 12501, A.L. 1981 H.B. 251)

Prior revisions: 1929 § 10911; 1919 § 4605

Immediately after the election of the board of supervisors as
provided for in section 245.055, and the election of a president and a
secretary, and the secretary has filed the necessary bond and it has been
approved, he shall call upon the county clerk or other person who may be
in charge of the records of the district for all records, contracts,
files, books, plats, maps and every article of record belonging to said
district, and the county clerk or other person in charge of such records
shall immediately deliver to said secretary of the district all such
records and take the receipt of the secretary therefor. Said secretary
shall also call upon the county treasurer or other person who has control
of the funds of the district, for the transfer of all funds of the
district to him and said treasurer or other person shall immediately
transfer such funds, taking the receipt of the secretary for such funds.
(RSMo 1939 § 12544)

Prior revisions: 1929 § 10954; 1919 § 4648

The secretary of the board of supervisors in any levee district
shall hold the office of treasurer of such district, except as otherwise
provided herein, and he shall receive and receipt for all the levee taxes
collected by the county collector or collectors of the revenue, and he
shall also receive and receipt for the proceeds at all tax sales made
under the provisions of sections 245.010 to 245.280. Said treasurer shall
receive a salary, payable monthly, such as the board of supervisors may
fix and all necessary expenses; said board of supervisors shall furnish
the secretary and treasurer the necessary office room, furniture,
stationery, maps, plats, typewriters and postage. Said treasurer may
appoint, by and with the advice and consent of the board of supervisors,
one or more deputies as may be necessary, whose salary or salaries and
necessary expenses shall be paid by the district. Said treasurer shall
give bond in such amount as shall be fixed by the board of supervisors,
conditioned that he will well and truly account for and pay out, as
provided by law, all moneys received by him as taxes from the county
collector or collectors, or as proceeds from the tax sales of delinquent
taxes, or from any other source whatever on any account or claim of said
district, which bond shall be signed by at least two sureties, approved
and accepted by said board of supervisors, and said bond shall be in
addition to the bond for proceeds of sales of bonds, which is required by
section 245.230. The bond of said treasurer may, if the board shall so
direct, be furnished by a surety or bonding company, which shall be
approved by said board of supervisors; said bond shall be placed and
remain in the custody of the president of the board of supervisors, and
shall be kept separate from all papers in the custody of the secretary
and treasurer. Said treasurer shall keep all funds received by him from
any source whatever deposited at all times in some bank, banks or trust
company to be designated by the board of supervisors. All interest
accruing on such funds shall, when paid, be credited to the district. It
shall be the duty of the board of supervisors to audit or have audited
the books of said treasurer of said district June thirtieth of each year,
and they shall publish a financial statement within thirty days
thereafter showing the amount of money received, the amount paid out
during such year, and the amount in the treasury at the beginning and end
of such year. The aforesaid treasurer of the district shall pay out funds
of the district only on warrants issued by the district, said warrants to
be signed by the president of the board of supervisors and attested by
the signature of the secretary and treasurer. (RSMo 1939 § 12518)

Prior revisions: 1929 § 10928; 1919 § 4622

1. In order to effect the leveeing, protection and reclamation
of the land and other property in the district subject to tax, the board
of supervisors is authorized and empowered to straighten, widen, change
the course and line of any levee in or out of such district; to fill up
any creek, drain, channel, river, watercourse or natural stream; and to
divert or divide the flow of water in or out of the district; to
construct and maintain sewers, levees, dikes, dams, sluices, revetments,
drainage ditches, pumping stations, syphons and any other works and
improvements deemed necessary to preserve and maintain the works in or
out of the district; to construct roadways over levees and embankments;
to construct any and all of such works and improvements across, through
or over any public highway, railroad right-of-way, track, grade, fill or
cut in or out of the district; to remove any fence, building or other
improvements in or out of the district, and shall have the right to hold,
control and acquire by donation or purchase, and if need be, condemn any
land, easement, railroad or other right-of-way, sluice or franchise in or
out of the district for right-of-way, or for any of the purposes herein
provided, or for material to be used in constructing and maintaining such
works and improvements for leveeing, protecting and reclaiming the lands
in the district. The board shall also have the right to condemn for the
use of the district any land or property within or without the district
not acquired or condemned by the court on the report of the commissioners
assessing benefits and damages and shall follow the procedure that is now
provided by law for the appropriation of land or other property taken for
telegraph, telephone and railroad rights-of-way.

2. In addition to the powers granted in subsection 1 of this section, in
any levee district formed under the laws of this state having an assessed
valuation of real property of twenty-five million dollars or greater and
located, in whole or in part, in any county with a charter form of
government and with more than one million inhabitants, the board of
supervisors is authorized to construct and maintain water lines and any
other works and improvements deemed necessary to preserve and maintain
the works in or out of the district. (RSMo 1939 § 12519, A.L. 2004 H.B.
795, et al. merged with H.B. 1207)

Prior revisions: 1929 § 10929; 1919 § 4623; 1909 § 5513

Within sixty days after organizing, the board of supervisors
shall appoint a competent civil engineer as chief engineer, who may be an
individual, copartnership or corporation, and who shall engage such
assistants as the board of supervisors may approve. The chief engineer
shall have control of the engineering work in said district. The chief
engineer may, by and with the consent of the board of supervisors,
consult any eminent engineer or engineers and obtain his or their opinion
and advice concerning the reclamation or protection of land in said
district. The said engineer or engineers shall make all necessary surveys
of the lands within the boundary lines of said district as described by
the articles of association, and of all lands adjacent thereto that may
or will be improved or reclaimed in part or in whole by any system of
levees or bank protection that may be outlined and adopted, and said
engineer or engineers shall make a report in writing to the board of
supervisors with maps and profiles of said surveys, which report shall
contain a plan for leveeing, draining, reclaiming or protecting the lands
and property described in the articles of association or adjacent thereto
from overflow of or damage by water; provided, that the chief engineer
may in his discretion, accept, approve and adopt or amend any plan for
leveeing, draining, reclaiming or protecting the lands and property
described in the decree of the court incorporating said district, which
may have been designed by either a state or federal department, division
or agency, which has for its purpose the protection and reclamation of
the land and property within the district. (RSMo 1939 § 12502, A.L. 1947
V. II p. 226)

Prior revisions: 1929 § 10912; 1919 § 4606

The chief engineer shall make a report in writing to the board
of supervisors when said board shall so require it. Upon receipt of the
final report of said engineer concerning surveys made of the lands and
other property contained in the district organized, and plans for
reclaiming or protecting the same the board of supervisors shall adopt
such report or any modification thereof approved by the chief engineer
after consulting with him or someone representing him, and thereafter
such adopted report shall be the plan for leveeing, protecting or
reclaiming such lands and other property from overflow or damage by
water, and it shall after such adoption be known and designated as "the
plan for reclamation" which term shall include leveeing, diking, bank
protection, current control or other improvement, which plan shall be
filed with the secretary of the board of supervisors and by him copied
into the records of the district. Supplemental plans for leveeing,
protecting or reclaiming the lands and other property in the district
from overflow or damage by water may be adopted by the board of
supervisors from time to time as deemed necessary by the board of
supervisors. The aforesaid supplemental plans may supplement, alter or
modify "the plan for reclamation" and shall become a part thereof. (RSMo
1939 § 12503, A.L. 1977 S.B. 3)

Prior revisions: 1929 § 10913; 1919 § 4607

Within twenty days after the adoption of the plan for
reclamation the secretary of the board of supervisors shall prepare and
transmit a certified copy thereof to the circuit clerk of the court
organizing the levee district, and at the same time the board of
supervisors shall file with the circuit clerk a petition asking the judge
of such court to appoint commissioners to appraise the lands within and
without the district to be acquired for rights-of-way, holding basins and
other works of the district, and to assess benefits and damages accruing
to all lands in the district and other property by reason of the
execution of the plan for reclamation. Within thirty days after the
filing of such petition the judge of such court, either in term time or
vacation, shall, by an order, appoint three commissioners, who shall be
residents of the state of Missouri, and who shall not be landowners in
the district nor of kin within the fourth degree of consanguinity to any
person owning land in the district. A majority of the commissioners shall
constitute a quorum and shall control the action of the board on all
questions. (RSMo 1939 § 12505, A.L. 1990 H.B. 1070)

Prior revisions: 1929 § 10915; 1919 § 4609

Said circuit clerk upon the filing of said order of appointment
shall notify each of said commissioners of his appointment by written or
printed notice, and in the same notice he shall state the time and place
for the first meeting of said commissioners. The secretary of the board
of supervisors or his deputy shall attend such meeting, and shall furnish
to said commissioners a complete list of lands, all corporate and other
property described in the articles of association or adjacent thereto
that will be affected by carrying out and putting into force the plan for
reclamation, and the names of the owners of such property, as were
contained in the articles of association, at the date of the final decree
of the court incorporating the district. Said secretary shall also
furnish said commissioners a copy of the plan for reclamation, with maps
and profiles in his office. The commissioners at said meeting, or within
ten days thereafter, shall each take and subscribe to an oath that they
will faithfully and impartially discharge their duties as such
commissioners and make a true report of the work done by them. The said
commissioners shall also at said meeting elect one of their own number
chairman, and the secretary of the board of supervisors, or his deputy,
shall be ex officio secretary of said board of commissioners during their
continuance in office. (RSMo 1939 § 12506)

Prior revisions: 1929 § 10916; 1919 § 4610

1. Within thirty days after qualifying, as provided for in
section 245.115, the commissioners shall begin their duties. They may at
any time call upon the attorney of the district for legal advice and
information relative to their duties, and the chief engineer or one of
his assistants shall accompany the commissioners at all times and shall
render his opinion in writing when called for. The commissioners shall
proceed to view the premises and determine the value of all land and
other property, within or without the district, to be acquired and used
for rights-of-way, or other works set out in the plan for reclamation.
They shall assess the amount of benefits, and the amount of damages, if
any, that will accrue to each governmental lot, including all property
owned by the state or other political subdivision, forty-acre tract or
other subdivision of land according to ownership, railroad and other
rights-of-way, railroad roadways and other property from carrying out and
putting into effect the plan for reclamation heretofore adopted. The
commissioners in assessing the benefits to lands, public highways,
railroad and other rights-of-way, railroad roadways and other property
not traversed by such works and improvements as provided for in the plan
for reclamation shall not consider what benefits will be derived by such
property after other levees, ditches, improvements or other plans for
reclamation shall have been constructed, but they shall assess only such
benefits as will be derived from the construction of the works and
improvements set out in the plan for reclamation, or as the same may
afford protection from overflow of such property. The commissioners shall
give due consideration and credit to any other levee, ditch or other
systems of reclamations which may have already been constructed and which
afford partial or complete protection to any tract or parcel of land in
the new district, and if the commissioners shall find that any levee or
other works have been constructed under any general or special law of
this state, which can be used in making the levees and improvements
herein contemplated, they shall include the same in their report, and
thereafter the board of supervisors may order such levees or such works
to be used, so far as they extend, for the purpose of the levee district
in which they are situated, and that the district or other owners of such
levee or other improvements or persons having an interest in same by
virtue of having contributed money, material or labor in the construction
of the same, shall be allowed in proportion to the interest held or owned
in said levees or improvements, a compensation which shall not exceed the
amount of such levee district's indebtedness as evidenced by outstanding
scrip, bonds or other evidences of indebtedness. The railroad and other
rights-of-way, railroad and other property shall be assessed according to
the increased physical efficiency and decreased maintenance cost by
reason of the protection to be derived from the proposed works and
improvements. The commissioners shall have no power to change the plan
for reclamation heretofore provided for.

2. The board of commissioners shall prepare a report of their findings,
which shall be arranged in tabular form, the columns of which shall be
headed as follows: Column one, "owner of property assessed"; column two,
"description of property assessed"; column three, "number of acres
assessed"; column four, "amount of benefits assessed"; column five,
"number acres taken for right-of-way"; column six, "value of property
taken"; column seven, "damages". They shall also, by and with the advice
of the engineer of the district, estimate the cost of works set out in
the plan for reclamation, which estimate shall include the cost of
property required for rights-of-way and damages and the actual expenses
of organization and administration, as estimated by the board of
supervisors, and shall itemize and tabulate the same. The report shall be
signed by at least a majority of the commissioners and filed in the
office of the circuit clerk, in which the articles of association were
filed. The secretary of the board of supervisors, or his deputy, shall
accompany the commissioners while engaged in their duties, and shall
perform all clerical work of the board. He shall also, under the advice,
supervision and direction of the attorney for the district, prepare their
report. The board of commissioners shall report to the board of
supervisors the number of days each had been employed and the actual
expenses incurred. Each commissioner shall be paid an amount set by the
court for each day for his services, and necessary expenses in addition
thereto. (RSMo 1939 § 12507, A.L. 1985 H.B. 378, A.L. 1994 S.B. 633)

Prior revisions: 1929 § 10917; 1919 § 4611

Effective 7-12-94

(1987) 1985 amendment to this section removing five dollar a day limit
for commissioner's service and substituting court discretion is
prospective in nature and cannot be applied to services performed by
commissioners before effective date of this section as amended. Matter of
St. Francis Levee Dist. of Mo., 734 S.W.2d 601 (Mo.App.S.D.).

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

NOTICE FOR FILING OF COMMISSIONERS' REPORT

For ......... Levee District.

Notice is hereby given to all persons interested in the following
described land and property in ......... County (or counties), Missouri
(here describe land and property), included within "......... levee
district" that the commissioners heretofore appointed to assess benefits
and damages to the property and lands situated in said levee district and
to appraise the cash value of the 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 circuit court of ......... County, Missouri. Provided, that
where lands in different counties are contained in said report, the said
notice shall be published in some newspaper in each county in which such
lands so affected are situate, and it shall not be necessary to publish a
list of all of said lands in each county, but only that part of same
situate in the respective counties. The commissioners shall mail, by
certified mail, a copy of the notice contained in this section to the
parties contained in subsection 2 of section 245.020 within one week of
filing the report. (RSMo 1939 § 12508, A.L. 1994 S.B. 633)

Prior revisions: 1929 § 10918; 1919 § 4612

Effective 7-12-94

1. The levee district or any owner of land or other property in
said district, may file exceptions to said report or to any assessment
for either benefits or damages, within ten days after the last day of
publication of the notice provided for in section 245.125.

2. All exceptions shall be heard by the court and determined in a summary
manner so as to carry out liberally the purposes and needs of the
district, and if it appears to the satisfaction of the court, after
having heard and determined all of said exceptions, that the estimated
cost of constructing the improvement contemplated in the plan for
reclamation is less than the benefits assessed against the land and other
property in said district, then the court shall approve and confirm said
commissioners' report as so modified and amended. The court shall adjudge
and apportion the costs incurred by the exceptions filed and shall
condemn any land or other property, within or without the boundary lines
of the district, that is shown by the report of the commissioners to be
needed for rights-of-way, holding basins and other works, or that may be
needed for material to be used in constructing said works, following, as
nearly as possible the procedure that is now provided for by law for the
appropriation of land and other property taken for telegraph, telephone
and railroad rights-of-way.

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

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

(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. (RSMo 1939 § 12509)

Prior revisions: 1929 § 10919; 1919 § 4613

(2003) Section provides only two instances in which an appeal is
authorized; question of whether commissioners' assessment of benefits is
proper is not reviewable. Riverside-Quindaro Bend Levee District v.
Intercontinental Engineering Manufacturing Corporation, 121 S.W.3d 531
(Mo.banc).

If, after determining the objections made to the commissioners'
report, the court shall find that the estimated costs of works and
improvements as reported by the board of commissioners, or as amended by
the court, exceed the estimated benefits, the court shall then render its
decree, declaring the incorporation of the district to be dissolved as
soon as all costs incurred, including all obligations and debts made in
behalf of the district by the board of supervisors and court costs shall
have been paid, and if the uniform tax levied under the provisions of
section 245.175 be found insufficient to pay all such costs the board of
supervisors shall make such additional uniform tax levies as will be
necessary to pay such deficiency; provided, that in estimating the cost
of constructing the works and improvements of the district the amount of
interest that might accrue upon bonds that may be issued by the board of
supervisors under the provisions of sections 245.010 to 245.280 shall not
be considered as a part of the cost of construction. (RSMo 1939 § 12529)

Prior revisions: 1929 § 10939; 1919 § 4633

(1959) No appeal lies from an order dissolving a levee district.
Certiorari is proper remedy to review the action of the court in
dissolving a levee district. In re Tarkio-Squaw Levee Dist. of Holt
County (Mo.), 319 S.W.2d 660.

(1959) Amount donated by the federal government in connection with the
construction of a levee improvement is not to be included in determining
the costs of the work and improvements so as to authorize dissolution if
the costs exceed estimated benefits. In re Tarkio-Squaw Levee Dist. of
Holt County (Mo.), 319 S.W.2d 660.

1. The board of supervisors for and in behalf of any levee
district organized under the provisions of sections 245.010 to 245.280,
or the owners of land adjacent to such district, shall have the right to
file a petition in the office of the clerk of the court organizing the
district praying the court to amend its former decree incorporating the
district, by correcting the names of landowners, by striking out any such
names, by adding, striking out or correcting the descriptions of any
lands within or alleged to be within the boundary lines of any such
district, or in any other manner amend its decree; said petition may ask
permission of the court for said board to amend or change the plan for
reclamation, or to correct any errors, omissions or other mistakes that
have been discovered in the plan for reclamation, or said petition may
ask that the boundary lines of said district be extended so as to include
lands not described by and included in the articles of association filed
and the decree of the court incorporating the district. If such petition
asks the court permission to change the plan for reclamation or that the
boundary lines of such district be in any manner changed, it shall also
ask the court to appoint three commissioners as provided for under the
provisions of section 245.110 to appraise the land that shall be taken
for rights-of-way or other works, or assess the benefits and damages to
any or all lands, railroad and other property already in the district or
that may be annexed to the district by the proposed amendments, and
changes to the plan for reclamation or the proposed change in the
boundary lines of said district.

2. After said petition shall have been filed, the court wherein said
petition is filed, if in session, or the clerk thereof in vacation, shall
fix the date, not less than forty-five nor exceeding sixty days from the
date of filing of said petition, on or before which objections, if any,
shall be filed to said petition, and the clerk shall give notice of the
filing of said petition and of the date on or before which objections, if
any, to said petition, and the clerk shall give notice of the filing of
said petition and of the date on or before which objections, if any, to
said petition shall be filed by causing publication to be made once a
week for four consecutive weeks in some newspaper published in each
county in which are situate the land and other property affected by the
proposed changes, amendments and corrections mentioned in said petition,
the first insertion to be made not more than fourteen days after the date
on which the petition was filed. Said notice shall be substantially in
the following form and it shall be deemed sufficient for all purposes of
sections 245.010 to 245.280:

NOTICE OF LEVEE HEARING To the owners and all persons interested in the
lands, corporate and other property in and adjacent to "......... levee
district".

You, and each of you, are hereby notified that a petition has been filed
in this office praying the circuit court of ......... County for
permission to (here insert the prayer of said petition with the lands
mentioned therein and the names of the owners thereof), and you, and each
of you, may file objections to the prayer of said petition, on or before
the ......... day of ........., 20...., in this office, but not
thereafter, if any there be, why the prayer of said petition should not
be granted.

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

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

3. Where lands or other property in different counties will be affected
by the proposed changes, amendments and corrections enumerated in the
said petition, it shall not be necessary to include all the said lands or
other property in the notice published in the different counties, but
only such of said lands and other property as are situated in the
respective counties. Any owner of land or other property that will be
affected by the proposed changes, amendments and corrections mentioned in
the petition, may on or before the date fixed and published as above
provided, file objections in the court or if in vacation thereof, in the
office of the clerk of such court wherein the said petition is filed, to
the granting of the prayer of the said petition; provided, that the court
may in vacation or term time extend the time upon terms. The court shall
hear said petition and all objections that may have been filed against
said petition in a summary manner without unnecessary delay, and enter
its decree according to its findings.

4. The clerk of said court shall, within fifteen days after the granting
of such decree, transmit a certified copy of said decree and a copy of
the petition to the secretary of the board of supervisors, who shall
transmit a copy of the same to each of the recorders of deeds of the
counties having land in the district and to the secretary of state. Each
such recorder shall file and preserve the same in his office, and for
such filing and preserving he shall receive a fee of one dollar.

5. If said decree of the court provides that the plan for reclamation may
be amended, changed or corrected or the boundary lines of the district
extended, the court shall appoint three commissioners, possessing the
same qualifications as the commissioners appointed under the provisions
of section 245.110, to appraise property to be taken, assess benefits and
damages and estimate the cost of improvements the same as is required of
commissioners acting under the provisions of section 245.120. Said
commissioners shall make their report in writing and file the same with
the circuit clerk, after which the case shall be proceeded with in the
same manner as is now provided for in sections 245.010 to 245.280 for the
organization of levee districts; provided, that if the petition be
dismissed the district shall pay the cost, but if the petition be
sustained in whole or in part, the objectors shall pay the court costs.
In case the benefits and damages have been assessed on the land and other
property remaining in the district and the court finds the same will not
be altered by either the change in the boundary line or change in the
plan for reclamation, the court shall not appoint commissioners to make
assessments. (RSMo 1939 § 12532, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 10942; 1919 § 4636

Effective 1-2-79

(1956) The election to abandon the condemnation proceedings as to one
tract was not a change of the plan for reclamation as contemplated by
this section. McCord v. Missouri Crooked River Backwater Levee District
(Mo.), 295 S.W.2d 42.

The board of supervisors of levee districts organized under
sections 245.010 to 245.280 shall not have the right to enter upon or
appropriate any land for rights-of-way, or other works of the districts,
until the price awarded to the owners of such land by the commissioners
shall have been paid to such owners or into the hands of the circuit
clerks of the courts organizing such districts for the use of such
owners; and if the sums awarded be not so paid within five years from the
date of filing the commissioners' reports, all proceedings as to the
taking of such property for rights-of-way and other works not so paid for
shall abate at the cost of said district. Whenever any land is acquired
by any district under the provisions of sections 245.010 to 245.280 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. The price awarded for all land acquired
by any district for rights-of-way, or other works and the amount of
damages assessed by the board of commissioners and confirmed by the court
to any tract or parcel of land or other property in the district shall be
paid in cash to the owner thereof or to the clerk of the court for the
use of such owner, and that portion of any tract or parcel of land or
other property not taken for the use of the district shall be assessed
for the benefits accruing in accordance with the provisions of sections
245.010 to 245.280. (RSMo 1939 § 12522)

Prior revisions: 1929 § 10932; 1919 § 4626

(1956) The words "date of filing the commissioners' reports" refers to
the date the report is filed in the recorder's office rather than to the
date the report is filed in the circuit clerk's office. McCord v.
Missouri Crooked River Backwater Levee District (Mo.), 295 S.W.2d 42.

The board of supervisors of said district shall have full power
and authority to build, construct, excavate and complete all or any works
and improvements which may be needed to carry out, maintain and protect
the plan for reclamation. To accomplish that end the said board of
supervisors is hereby authorized and empowered to employ men and teams
and to purchase machinery, employ men to operate same and directly have
charge of and construct the works and improvements, or by the use of
other or more efficient means than provided for in the plans adopted.
They may, in their discretion, let the contract for such works and
improvements either as a whole or in sections, and when such contract or
contracts are let, they shall be advertised and let to the lowest and
best bidder, who shall give a good and approved bond, with ample
security, conditioned that he will well and promptly carry out the
contract for such work and improvements, which contract shall be in
writing and to which shall be attached and made a part thereof, complete
plans and specifications of the work to be done and the improvements to
be made under said contract, which plans and specifications shall be
prepared by the chief engineer, and shall be incorporated in and attached
to the contract, which contract shall be prepared by the attorney for the
district, and before the work is commenced shall be approved by the board
of supervisors and signed by the president of the board and the
contractor and shall be executed in duplicate. The chief engineer shall
be the superintendent of all the works and improvements and shall
whenever required, and at least once each year, make a full report to
said board of all work done and improvements made and make such
suggestions and recommendations to the board as he may deem proper;
provided, however, that if and when the state of Missouri or the United
States of America or any subdivision, department, division or agency
thereof is willing to construct the works and improvements provided for
in the plan for reclamation or any part thereof, the board of supervisors
of said district is authorized to cooperate with such agency to the
fullest extent and is hereby granted power and authority to accept any
such work in aid of the project, irrespective of whether it be by way of
grant of funds, labor, work, materials or otherwise and may, in the
discretion of the board of supervisors, give such assurances as may be
required to obtain the construction of the works and improvements
provided for in the plan for reclamation. (RSMo 1939 § 12510, A.L. 1947
V. II p. 226)

Prior revisions: 1929 § 10920; 1919 § 4614

CROSS REFERENCE: Contractual agreements among political subdivisions for
common facilities and services, proceedings, RSMo 70.210 to 70.320

When any right-of-way has been obtained under sections 245.010
to 245.280, over any embankment belonging to any person, railroad,
tramway or other corporation, it shall be the duty of the owner of such
embankment to so raise, at the expense of the owner, said embankment so
that same will conform with the levee of said district, and if such
person or corporation shall fail or refuse to raise such embankment in
the manner herein provided, said district may within three months after
it has finished the building of its own levee enter upon and raise the
embankment of said person or corporation to conform with said district
levee. And the cost for such construction shall be a first lien upon the
property of said person or corporation and such cost may be enforced in
any court of competent jurisdiction. (RSMo 1939 § 12523)

Prior revisions: 1929 § 10933; 1919 § 4627

The board of supervisors shall employ an attorney to act for the
district and to advise said board. Such employment shall be evidenced by
an agreement in writing, which, as far as possible, shall specify the
exact amount to be paid to said attorney for all services and expenses.
Such attorney shall conduct all legal proceedings and suits in court
where the district is a party or interested, and shall in all legal
matters advise the said board of supervisors, all officers, employees or
agents of said district and board, and generally look after and attend to
all matters of a legal nature for said board and district. When the said
board may deem it necessary, they may, by and with the advice of said
attorney, and under the like terms and conditions as above set forth,
employ another attorney or attorneys. (RSMo 1939 § 12520)

Prior revisions: 1929 § 10930; 1919 § 4624

The board of supervisors of any district organized under
sections 245.010 to 245.280 shall cause to be kept a well-bound book,
entitled "Record of board of supervisors of ......... district", in which
shall be recorded minutes of all meetings, proceedings, certificates,
bonds given by all employees and any and all corporate acts, which record
or records shall at all times be open to the inspection of anyone
interested, whether taxpayer or bondholder. (RSMo 1939 § 12521)

Prior revisions: 1929 § 10931; 1919 § 4625

The board of supervisors, except where otherwise provided,
shall, by resolution, at time of hiring or appointing, provide for the
compensation for work done and necessary expense incurred by any officer,
engineer, attorney or other employee and shall also pay the fees, per
diem and necessary expenses of all court and county officers who may by
virtue of sections 245.010 to 245.280 render service to said district. It
is understood that the ordinary fee statute does not apply to services
rendered under sections 245.010 to 245.280 by any county officer, but
each such officer shall receive only a reasonable compensation for
services actually rendered, the same to be fixed by the court in which
the proceeding is pending, except where otherwise provided in sections
245.010 to 245.280; that said corporations or petitioners for
corporations may prepare, write or print all copies of petitions, writs,
orders and decrees or other papers, and furnish same to the clerk or
other officer for his use, and in such event said officer shall be
entitled to receive as compensation for issuing the said writs and copies
of petitions, decrees, orders or other papers, only the reasonable value
of the services actually rendered. (RSMo 1939 § 12530)

Prior revisions: 1929 § 10940; 1919 § 4634

1. The board of supervisors of any levee district organized
under the provisions of sections 245.010 to 245.280 shall levy a uniform
tax of not more than one dollar per acre upon each acre of land and each
mile of right-of-way of all public service corporations, within such
district, as defined by the articles of association to be used for the
purpose of paying expenses incurred or to be incurred in organizing said
district, making surveys of the same and assessing benefits and damages
and to pay other expenses necessarily to be incurred before said board
shall be empowered by section 245.180 to provide funds to pay the total
cost of works and improvements of the district.

2. In case the boundary lines of the district be extended under the
provisions of section 245.140, so as to include lands and other property
not described and contained in the articles of association, the same
uniform tax shall be levied on such lands and other property as soon as
same shall have been annexed and included in the district.

3. Such tax shall be due and payable as soon as assessed and if not paid
by December thirty-first of the year in which it has been levied the same
shall become delinquent. It shall become a lien on the land and other
property against which it is assessed and shall be collected in the same
manner as the annual installment of tax is collected. In case the sum
received from such assessment exceeds the total cost of items for which
the same has been levied, the surplus shall be placed in the general fund
of the district and used to pay cost of construction; provided, that if
the incorporation of the district be dissolved, as provided for in
section 245.275, the amount of surplus, if there be any, shall be
prorated and refunded to the landowners paying such uniform tax; provided
further, that if the levee district be located within a third or fourth
class city of this state, or within a city in this state under fifty
thousand population operating under a special charter, then in the
discretion of its board of supervisors, a uniform tax not exceeding five
dollars may be levied on each lot, tract, parcel or subdivision thereof
as set forth in the decree of the court incorporating said levee
district. (RSMo 1939 § 12504, A.L. 1947 V. II p. 226, A.L. 1959 H.B. 313)

Prior revisions: 1929 § 10914; 1919 § 4608

1. After the lists of lands and other property, with the
assessed benefits and the decree and judgment of court, have been filed
in the office of the county recorder as provided in section 245.130, then
the board of supervisors shall without any unnecessary delay, after a
public hearing, levy a tax of such portion of said benefits on all lands,
railroad and other property in the district to which benefits have been
assessed, as may be found necessary by the board of supervisors to pay
the cost of the completion of the proposed works and improvements as
shown in said plan for reclamation and in carrying out the objects of
said district, and plus ten percent of said total amount for emergencies.
The 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.

2. Notwithstanding the limitations of sections 245.130 and 245.135 or any
tax levy limitation contained in this chapter, the board of supervisors,
having levied a tax pursuant to subsection* 1 of this section, may levy a
new tax of such portion of the assessed benefits on all lands, railroad
and other property in the district to which benefits have been assessed
whenever it is found necessary by the board of supervisors to pay the
cost of replacing, repairing and reconstructing works and improvements
called for and completed pursuant to the plan for reclamation originally
adopted by the board of supervisors and in carrying out the objects of
said district. The tax levied under this subsection* shall be apportioned
to and levied on each tract of land or other property in said district in
proportion to the benefits assessed.

3. In case bonds are issued as provided herein and hereafter, then the
amount of the interest (as estimated by said board of supervisors) which
will accrue on such bonds shall be included and added to the said tax
levied under either subsection* 1 or 2 of this section, but the interest
to accrue on account of the issuing of said bonds shall not be construed
as a part of the cost of construction in determining whether or not the
expenses and costs of making said improvements are or are not equal to or
in excess of the benefits assessed. The secretary of the board of
supervisors, as soon as said total tax is levied, shall, at the expense
of the district, prepare a list of all taxes levied, in the form of a
well-bound book, which book shall be endorsed and named "levee tax record
of ......... levee district .........", which endorsement shall also be
printed or written at the top of each page in said book, and shall be
signed and certified by the president and secretary of the board of
supervisors, attested by the seal of the district, and the same shall
thereafter become a permanent record in the office of said secretary.
(RSMo 1939 § 12511, A.L. 1977 S.B. 3, A.L. 1994 S.B. 633)

Prior revisions: 1929 § 10921; 1919 § 4615

Effective 7-12-94

*Word "paragraph" appears in original rolls.

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

2. The board of supervisors shall issue such additional bonds only if, at
a meeting called for such purpose, the issuance of the bonds obtains the
approval of the owners of two-thirds of the acreage and miles of
right-of-way in the district which has benefits assessed against it. The
owners of property within the district shall vote at such meeting in the
manner provided in sections 245.060 and 245.070.

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

NOTICE OF MEETING OF ......... LEVEE DISTRICT

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

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

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

Secretary of the Board of

Supervisors.

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

5. The bonds shall be issued in all other respects pursuant to and in
accordance with the provisions of section 245.230. (L. 1977 S.B. 3)

1. The said board of supervisors shall each year thereafter
determine, order and levy the amount of the annual installment of the
total taxes levied under section 245.180, which shall become due and be
collected during said year at the same time that state and county taxes
are due and collected, which said annual installment and levy shall be
evidenced and certified by the board not later than October thirty-first
of each year to the collector of revenue of each county, or township, in
which lands and other property of said district are situate.

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

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

This is to certify that by virtue and authority of the provisions of
section 245.185, RSMo, the board of supervisors of "......... levee
district of Missouri" have and do hereby levy the sum of $ ......... as
the annual installment of the tax for the year 20.... of the total tax
levied under the provisions of section 245.180, RSMo, which said total
tax has heretofore been certified to the recorder of deeds of your
county; and said board of supervisors of said district by and with the
authority of section 245.195, RSMo, has levied also the sum of $
......... as a maintenance tax for said year; said annual installment of
tax and maintenance tax on the real estate and other property situate in
your county are set out in the following table, in which are: First, the
names of the present owners of said lands and other property so far as
now known; second, the descriptions of said lands and other property
opposite the names of said owners; third, the amount of said installment
of tax levied on each tract of real estate and other property, and
fourth, the said amount of maintenance tax levied against the same. The
said taxes shall be collectible and payable the present year at the same
time that state and county taxes are due and collected, and you are
directed and ordered to demand and collect the said taxes at the same
time you demand and collect the state and county taxes due on the same
lands and other property, and this "levee tax book" shall be your warrant
and authority for making such demand and collection.

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

President of Board of Supervisors. ..................................
Secretary of Board of Supervisors.

3. Then shall follow a table or schedule showing in properly ruled
columns, first, the names of the present owners of said lands and other
property so far as now known; second, the descriptions of the said lands
and other property opposite the names of said owners; third, the amount
of said annual installment tax levied on each tract of land or piece of
property; fourth, the amount of maintenance tax; fifth, a blank column in
which the collector shall record the several amounts as collected by him;
sixth, a blank column in which the collector shall record the date of
payment of the different sums; seventh, 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. The columns in which the annual installment tax and the
maintenance tax, if any, appear shall be correctly totaled and the total
amount shall correspond to the amount set out in the above mentioned
certificate. The said certificate and table shall be prepared in the form
of a well-bound book which shall be endorsed and named "Levee tax book
....... levee district ........... County, or ...... Township of .......
County, Missouri, for the year 20....", which endorsement shall also be
printed at the top of each page in said book. (RSMo 1939 § 12512, A.L.
1953 p. 536)

Prior revisions: 1929 § 10922; 1919 § 4616

Where the works set out in the plan for reclamation of any levee
district is found insufficient to reclaim in whole or in part any or all
of the land and other property of the district the board of supervisors
shall have the right to formulate new or amended plans containing new
levees or other works, or providing for the enlargement of existing
levees or other works, and additional assessments may be made in
conformity with the provisions of section 245.180, the same to be made in
proportion to the increased benefits accruing to the lands and other
property because of the additional works. If it should be found at any
time that the amount of total tax levied under the provisions of section
245.180 is insufficient to pay cost of works set out in the plan for
reclamation or additional work done under the provisions of this section,
the board of supervisors may make an additional levy to provide funds to
complete the work; provided, the total of all levies of such tax does not
exceed the total amount of benefits assessed. (RSMo 1939 § 12538)

Prior revisions: 1929 § 10948; 1919 § 4642

1. To maintain and preserve the levees or other improvements
made pursuant to sections 245.010 to 245.280 and to strengthen, repair,
replace and restore the same, when needed, and for the purpose of
defraying the current expenses of the district, the board of supervisors,
on or before the first day of September in each year thereafter, may levy
an assessment upon each tract or parcel of land and upon corporate
property within the district, to be known as a "maintenance tax". The
maintenance tax shall be apportioned upon the basis of the net assessment
of benefits accruing for original construction, and shall be certified to
the collector of revenue of each county in which lands of the district
are situate in the same book in like manner and at the same time as the
annual tax is certified, but in a separate column, under the heading
"maintenance tax". The collector shall demand and collect the maintenance
tax and make return thereof and shall receive the same compensation
therefor and be liable for the same penalties for failure or neglect so
to do as is provided herein for the annual installment tax.

2. No maintenance tax shall be levied or assessed against any lands or
other property which is not protected from overflow by the levees and
other improvements of the district. No such tax heretofore levied or
assessed against any such lands or other property shall be collected by
or for the district, and the board of supervisors of the district is
hereby authorized and empowered to strike from the levee tax books of the
district any unpaid maintenance tax which has been levied or assessed
against any such lands or other property. (RSMo 1939 § 12535, A.L. 1955
p. 601, A.L. 1994 S.B. 633)

Prior revisions: 1929 § 10945; 1919 § 4639

Effective 7-12-94

In addition to any tax which may be levied pursuant to the
provisions of section 245.180 or any other provision of sections 245.010
to 245.280, the board of supervisors may levy an annual benefit fee on
nonpublic improvements on certain tracts of real estate in said district.
The annual benefit fee shall be one thousand dollars for improvements
with an assessed valuation of at least one million dollars but not more
than five million dollars, five thousand dollars for improvements with an
assessed valuation of more than five million dollars but not more than
fifteen million dollars, and ten thousand dollars for improvements with
an assessed valuation of more than fifteen million dollars. (L. 1985 H.B.
378, A.L. 1994 S.B. 633)

Effective 7-12-94

1. Whenever the board of supervisors of any district now
existing or hereafter organized pursuant to sections 245.010 to 245.280,
for and in behalf of the district, or the owners of twenty-five percent
or more of the acreage of the lands in the district, shall file a
petition with the circuit clerk, in whose office the articles of
association were filed, stating that there has been a material change in
the values of the property in the district since the last previous
assessment of benefits or readjustment of the assessment of benefits and
praying for a readjustment of the assessment of benefits for the purpose
of making a more equitable basis for the levy of the maintenance tax or
for the purpose of levying a new tax to pay the costs of the completion
of the proposed works and improvements as shown in the supplemental plan
for reclamation adopted by the board of supervisors pursuant to section
245.105, or for both of the aforesaid purposes, the court wherein the
petition is filed, if in session, or the clerk thereof in vacation, shall
fix a date for the hearing of the petition which date shall not be less
than forty-five nor more than sixty days from the date of the filing of
the petition.

2. The circuit clerk shall give notice of the filing and hearing of the
petition in the manner and for the time provided for in section 245.020.
Such notice may be in the following form:

To All Persons Interested in the Lands and Property Included Within
......... District:

You are hereby notified that a petition has been filed in the office of
the clerk of the circuit court of ....... County, Missouri, praying for a
readjustment of the assessment of benefits for the purpose(s) of
..................................
.................................................................
................................................................. and
that the petition will be heard by the circuit court on the ..... day of
......., 20.....

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

Clerk of the Circuit Court of

........... County, Missouri.

3. Upon the hearing of the petition if the court finds that there has
been a material change in the values of property in the district since
the last previous assessment of benefits, the court shall order that
there be made a readjustment of the assessment of benefits for the
purpose of providing a basis upon which to levy the maintenance tax of
the district or for the purpose of levying a new tax to pay the costs of
the completion of the proposed works and improvements as shown in the
supplemental plan for reclamation adopted by the board of supervisors
pursuant to section 245.105, or for both of the aforesaid purposes.

4. Thereupon the court shall appoint three commissioners possessing the
qualifications of commissioners appointed under section 245.110 to make
such readjustment of assessments in the manner provided in section
245.120. The commissioners shall make their report, and the same
proceedings shall be had thereon, as nearly as may be, as are provided in
sections 245.010 to 245.280, for the assessment of benefits accruing from
the original construction. In making the readjustment of the assessment
of benefits, the commissioners shall not be limited to the aggregate
amount of the original or any readjustment of the assessment of benefits,
and may assess the amount of benefits that will accrue from carrying out
and putting into effect the supplemental plan for reclamation adopted by
the board of supervisors pursuant to section 245.105. After the making of
the readjustment, the limitation of ten percent of the benefits assessed
for the annual maintenance tax which may be levied shall apply to the
amount of benefits as readjusted, and the limitation of the tax which may
be levied for payment of the costs of the completion of the proposed
works and improvements as shown in the aforesaid supplemental plan for
reclamation shall apply to the amount of the benefits readjusted.

5. There shall be no such readjustment of benefits oftener than once in a
year. The lists of land and other property, with the readjusted assessed
benefits and the decree and judgment of the court, shall be filed in the
office of the county recorder as provided in section 245.130. (L. 1955 p.
602 § 1, A.L. 1977 S.B. 3, A.L. 1985 H.B. 378)

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

2. The tax shall be levied in the manner provided in sections 245.180 and
245.185. (L. 1977 S.B. 3)

1. The board of supervisors may, if in their judgment it seems
best, issue bonds which, when added to the bonded indebtedness then
outstanding, do not exceed ninety-one percent of the total amount of
taxes levied pursuant to section 245.198. The funds derived from the sale
of said bonds shall be used to pay the costs of works and improvements as
shown in the supplemental plan for reclamation adopted by the board of
supervisors pursuant to section 245.105 and to refund outstanding
protested warrants.

2. The bonds shall be issued pursuant to and in accordance with the
provisions of section 245.230.

3. Notwithstanding the limitations of sections 245.130 and 245.135 or any
tax levy limitation contained in this chapter, the board of supervisors,
having levied a tax pursuant to paragraph 1 of this section, may levy a
new tax and, if necessary, issue additional bonds whenever it is found
necessary by the board of supervisors to pay the cost of replacing,
repairing and reconstructing the works and improvements called for and
completed pursuant to the supplemental plan for reclamation adopted by
the board of supervisors. Any tax levied pursuant to this section shall
be apportioned to and levied on each tract of land or property in said
district in proportion to the readjusted assessed benefits. The tax
authorized by this section shall be levied in the manner provided by
sections 245.180 and 245.185.

4. The additional bonds authorized in paragraph 3 of this section shall
be issued pursuant to and in accordance with the provisions of sections
245.181 and 245.230, provided that the additional bonds do not exceed
ninety-one percent of the amount of new taxes levied pursuant to
paragraph 3 of this section. (L. 1977 S.B. 3)

1. It shall be the duty of the collector of revenue of each
county in which lands or other property of any levee district organized
under sections 245.010 to 245.280 are situate, to receive the levee tax
book each year and he is hereby empowered and it shall be his duty to
promptly and faithfully collect the tax therein set out and to exercise
all due diligence in so doing. He is further directed and ordered to
demand and collect such taxes at the same time that he demands and
collects state and county taxes due on the same lands and other
properties. Where any tract or part thereof has been divided and sold or
transferred, the collector shall receive taxes on any part of any tract,
piece or parcel of land or other property charged with such taxes and
give his receipt accordingly. The above and foregoing levee tax book
shall be the warrant and authority of the collector for making such
demand and collection.

2. The said collector shall make due return of all levee tax books each
year to the secretary of the board of supervisors of the aforesaid levee
district, and shall pay over and account for all moneys collected thereon
each year to the treasurer of said district at the same time when he pays
over state and county taxes. Said collector shall in said levee tax book,
verify by affidavit his said return. The said secretary shall each year,
within ten days after the return of said collector is delivered to him,
prepare and certify to said collector a levee back tax book containing
the list of lands and other property so returned by said collector as
delinquent, deliver the same to him and take his receipt therefor, and
said collector shall proceed to collect such delinquent levee taxes and
demand payment therefor in the same manner as herein provided for the
collection of current levee taxes.

3. Before receiving the aforesaid levee tax book the collector of each
county in which lands or other property of the levee district are
located, shall execute to the board of supervisors of the district a bond
with at least two good and sufficient sureties in a sum that is double
the probable amount of any annual installment of said tax to be collected
by him during any one year, conditioned that said collector shall pay
over and account for all taxes so collected by him according to law. Said
bond after approval by said board of supervisors shall be deposited with
the secretary of the board of supervisors, who shall be custodian thereof
and who shall produce same for inspection and use as evidence whenever
and wherever lawfully requested to do. (RSMo 1939 § 12513)

Prior revisions: 1929 § 10923; 1919 § 4617

1. In counties where the provisions of chapter 65, RSMo, are or
may hereafter be in force, the secretary of the board of supervisors
shall extend all levee taxes under the provisions of sections 245.010 to
245.280 on separate tax books for the respective townships in which such
lands are situate, and such tax books shall be certified to the
collector- treasurers at the same time and in the same manner as provided
for county collectors. Such taxes shall be collected by such
collector-treasurers at the same time and in the same manner, as state
and county taxes are collected, and each collector-treasurer shall give
bond, have the same authority to collect such taxes, receive the same
compensation therefor and pay over such taxes to the secretary of board
of supervisors, as provided for county collectors under sections 245.010
to 245.280 and shall be subject to the same penalties and liabilities.
Such collector-treasurers shall make due return of such tax books under
oath in the same manner as required of county collectors.

2. The delinquent levee taxes shall be certified by the secretary of the
board of supervisors to the county collector-treasurer of delinquent
taxes, who shall collect such delinquent levee taxes at the same time and
in the same manner as is herein provided for the collection of the
delinquent levee taxes in counties not under the provisions of chapter
65, RSMo. The said collector-treasurer of delinquent levee taxes shall
give bond, have the same authority to collect such taxes, receive the
same compensation therefor, and pay over the said taxes to the treasurer
of the levee district as is provided for county collectors under sections
245.010 to 245.280, and shall be subject to the same penalties and
liabilities.

3. All township levee tax books, and the return of the collectors of such
books, shall be taken as prima facie evidence in all courts of all
matters therein contained, and that the delinquent tax shown in such
books was properly levied and extended against such lands and remains
unpaid. The lien of such tax shall be enforced and suits to collect such
delinquent tax shall be instituted and prosecuted in the same manner
provided by sections 245.010 to 245.280, except such suits shall be
instituted by the levee district on tax bills duly made out and certified
by the county collector-treasurer of delinquent taxes. (RSMo 1939 §
12539, A.L. 2005 H.B. 58 merged with S.B. 210)

Prior revisions: 1929 § 10949; 1919 § 4643

All taxes provided for in sections 245.010 to 245.280 remaining
unpaid after December thirty-first of the year for which said taxes were
levied shall become delinquent and bear a penalty of one percent per
month on the amount of said taxes from date of delinquency until paid. In
computing said penalty each fractional part of a month shall be counted
as a full month. (RSMo 1939 § 12514)

Prior revisions: 1929 § 10924; 1919 § 4618

1. All levee taxes provided for in sections 245.010 to 245.280,
together with all penalties for default in payment of the same, all costs
in collecting the same, including a reasonable attorney's fee, to be
fixed by the court and taxed as costs in the action brought to enforce
payment, shall, from date of filing the certificate herein described in
the office of the recorder of deeds for the county wherein the lands and
properties are situate, until paid, constitute a lien, to which only the
lien of the state for general state, county, school and road taxes shall
be paramount, upon all the lands and other property against which such
taxes shall be levied as is provided in sections 245.010 to 245.280. Such
lien shall be evidenced by a certificate substantially in the following
form, to wit: State of Missouri, )

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

To ........., recorder of deeds of said county:

This is to certify that by virtue and authority of the provisions of
section 245.180, RSMo, the board of supervisors of ......... levee
district, in which are lands and other property in the counties of
......... in the state of Missouri, have and do hereby certify the tax
authorized by the said section, which tax and the land and other property
against which the same are levied in your county, are described in the
following table, in which table are: First, the names of the owners of
said land and other property as they appeared in the decree of the
circuit court organizing said district; second, the descriptions of the
said land and other property opposite the names of said owners; and
third, the amount of said taxes levied on each tract of land or piece of
property; (here insert such table). The said tax shall be payable in
annual installments; the amount of each installment as well as the amount
of the maintenance tax will be determined and certified to the county
collector of your county not later than the first day of September of
each year. The aforesaid tax and such maintenance taxes as may be levied
from time to time are hereby declared a lien, to which only the lien of
the state for general state, county, school and road taxes shall be
paramount upon all land and other property herein and heretofore
described.

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

President.

Attest: ..................., Secretary. The certificates and table
specified in this section shall be prepared in a well-bound book and
filed in the office of each of the recorders of the counties having lands
in said districts as the same may affect the land or other property in
his county, where the same shall become a permanent record of the office.
The said book or books shall be prepared by the secretary of the board of
supervisors at the expense of the levee district, shall be designated as
the "levee tax record", and each recorder shall receive a fee of one
dollar for filing said book and preserving the same.

2. In the event of a buyout of the lands of the district because of flood
damage, in whole or in part, it shall be the responsibility of the entity
acquiring any land within the district to satisfy in full any outstanding
liens against the property acquired at the time of purchase. The amount
of any outstanding lien for each parcel of property located within the
district shall not exceed the property's proportional liability to the
outstanding bond issue. (RSMo 1939 § 12516, A.L. 1994 S.B. 633)

Prior revisions: 1929 § 10926; 1919 § 4620

Effective 7-12-94

(1956) The assessment of benefits in the commissioner's report without
the approval of that report by the circuit court and without the levy of
any taxes pursuant thereto does not constitute a lien on the property
affected. McCord v. Missouri Crooked River Backwater Levee Dist. (Mo.),
295 S.W.2d 42.

The levee tax book of the district, as returned by the collector
of the revenue to the secretary of the board of supervisors of the levee
district shall be prima facie evidence in all courts of all matters
therein contained. The liens established and declared in section 245.215
may and shall be enforced by an action on delinquent tax bills, made and
certified by the county collector, which action shall be instituted in
the circuit court without regard to the amount of the claim within six
months after December thirty-first of the year for which said taxes were
levied. The suits shall be brought in the corporate name of the district
by its attorney against the land or lands, property or properties, on
which such levee tax has not been paid. The suit shall be brought in the
county in which the property is situate, except when the tract or
property sued upon be in more than one county, in which event the suit
may be brought on the whole tract, parcel or property in any county in
which any portion thereof may be situate. The pleadings, process,
proceedings, practice and sales, in cases arising under sections 245.010
to 245.280 shall, except as herein provided, be the same and have the
same effect as in an action for the enforcement of the state's lien for
the delinquent general taxes upon real estate, and the aforesaid levee
tax book shall have the same probative effect as the back tax bill has in
actions for the enforcement of the state's lien for general taxes upon
real estate. The title acquired through any sale of lands or other
property under the aforesaid proceedings shall be subject to the lien of
all subsequent annual installments of levee 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 sections 245.010 to 245.280 shall be paid at once to the
aforesaid treasurer and shall be accounted for by him the same as the
levee taxes. (RSMo 1939 § 12517)

Prior revisions: 1929 § 10927; 1919 § 4621

1. Whenever any levee district organized and existing under the
provisions of what now appears as sections 245.010 to 245.280 shall
hereafter institute an action, in the manner now provided by law, to
enforce the collection of unpaid delinquent annual assessments levied by
it, such district shall cause said action to be instituted against the
last record owner or owners of the land against which the delinquent
assessments sued for were levied, as shown by the records in the
recorder's office of the county in which the land is located and shall
also join as parties defendant the trustee and beneficiaries shown by all
recorded deeds of trust, mortgages or vendors' liens, which create a lien
on the land involved in any such suit that may be instituted and no other
parties shall be necessary or required, except as herein provided.

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

3. If any one shall, at the time of filing such suit and notice, hold an
unrecorded instrument or conveyance affecting the title to the land
included in such suit or if anyone shall acquire any such right, title,
claim or interest in and to said land so included in any such suit, after
the filing of said suit and notice, or if anyone shall become the
assignee of notes secured by deeds of trust, mortgages or vendor's lien
on the land included in any such suit, each of them shall have the right
and it shall be their duty to intervene as parties defendant in any such
suit so filed on or before the first day of the return term of the
summons issued when said suit is filed, and make defense to said suit, if
they so desire. Upon their failure so to do, they shall be bound by any
judgment that may be rendered by the court in any said suit just as
though they had been joined as defendants and served with process therein
and their interest, if any, along with the interest of all named
defendants in and to said land shall, if judgment be rendered for
plaintiff, be sold on execution in the manner now provided by law, and
all the right, title, claim and interest of all parties in and to said
land shall pass to and be acquired by the purchaser of said land at the
execution sale based upon the judgment obtained in said suit, unless said
delinquent assessments so sued for shall have been previously paid. (L.
1941 p. 346 § 12547A)

1. The board of supervisors may, if in their judgment it seems
best, issue bonds not to exceed ninety-one percent of the total amount of
the taxes levied under the provisions of section 245.180, in denomination
of not less than one hundred dollars, bearing interest from date at a
rate not to exceed six percent per annum, payable semiannually, to mature
at annual intervals within twenty years, commencing after a period of
years not later than five years, to be determined by the board of
supervisors, both principal and interest payable at some convenient
banking house or trust company's office to be named in said bonds, which
said bonds shall be signed by the president of the board of supervisors,
attested with the seal of said district and by the signature of the
secretary of the said board.

2. All of said bonds shall be executed and delivered to the treasurer of
said district, who shall sell the same in such quantities and at such
dates as the board of supervisors may deem necessary to meet the payments
for the works and improvements in the district. Said bonds shall not be
sold for less than ninety-five cents on the dollar, with accrued
interest, shall show on their face the purpose for which they are issued,
and shall be payable out of money derived from the aforesaid taxes. A
sufficient amount of the levee tax shall be appropriated by the board of
supervisors for the purpose of paying the principal and interest of the
said bonds and the same shall, when collected, be preserved in a separate
fund for that purpose and no other. All bonds and coupons not paid at
maturity shall bear interest at the rate of six percent per annum from
maturity until paid, or until sufficient funds have been deposited at the
place of payment. Any expenses incurred in paying said bonds and interest
thereon and a reasonable compensation to the bank or trust company for
paying same, shall be paid out of the other funds in the hands of the
treasurer and collected for the purpose of meeting the expenses of
administration. It shall be the duty of said board of supervisors in
making the annual tax levy, as heretofore provided, to take into account
the maturing bonds and interest on all bonds, and to make ample
provisions in advance for the payment thereof. In case the proceeds of
the original tax levy made under the provisions of section 245.180 are
not sufficient to pay the principal and interest of all bonds issued,
then the board of supervisors shall make such additional levy or levies
as are necessary for this purpose, and under no circumstances shall any
tax levies be made that will in any manner or to any extent impair the
security of said bonds or the fund available for the payment of the
principal and interest of the same.

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

4. The said treasurer shall promptly report all sales of bonds to the
board of supervisors, and the board shall, at the proper time, issue
warrants for the payment of the maturing bonds so sold and the interest
payments coming due on all bonds sold and a reasonable compensation to
the bank or trust company, and the said treasurer shall place sufficient
funds at the place of payment to pay the same. In case proper warrants
are not issued by the board of supervisors as herein provided then the
treasurer shall of his own accord place said funds at the place of
payment and the canceled bonds and coupons and the receipt of the bank or
trust company shall be accepted in lieu of warrants.

5. The successor in office of any such treasurer shall not be entitled to
said bonds or the proceeds thereof until he shall have complied with all
the foregoing provisions applicable to his predecessor in office;
provided, if it should be deemed more expedient to the board of
supervisors, as to moneys derived from the sale of bonds issued, said
board may by resolution, select some suitable bank or banks or other
depositary, as temporary treasurer or treasurers, to hold and disburse
said moneys on the orders of the board as the work progresses, until such
fund is exhausted or transferred to the treasurer by order of the said
board of supervisors.

6. The funds derived from the sale of said bonds or any of them shall be
used for the purpose of paying the cost of the levee works and
improvements and such costs, expenses, fees and salaries as may be
authorized by law and used for no other purpose. (RSMo 1939 § 12534)

Prior revisions: 1929 § 10944; 1919 § 4638

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

Any warrant issued under sections 245.010 to 245.280 that is not
paid when presented to the treasurer of the board of supervisors of the
district, because of lack of funds in the treasury, such fact shall be
endorsed on the back of the warrant, and the warrant shall draw interest
thereafter at a rate of not more than twelve percent per annum, until
such time as there is any money on hand to pay the amount of the warrant
and the interest then accumulated, but no interest shall be allowed on
warrants after such time when sufficient funds are in the treasury to pay
the endorsed warrants and interest. (RSMo 1939 § 12524, A.L. 1985 H.B.
378)

Prior revisions: 1929 § 10934; 1919 § 4628

All surety bonds required to be given by sections 245.010 to
245.280 shall be made payable to the district by its corporate name, in
which name all suits shall be instituted and prosecuted. All penalties on
any bond herein named shall be payable to and recoverable by said
district. All bonds required by sections 245.010 to 245.280 shall cover
defaults of deputies, clerks or assistants of the officers appointing
them. (RSMo 1939 § 12525)

Prior revisions: 1929 § 10935; 1919 § 4629

1. It shall be the duty and the privilege of the board of
supervisors to employ or appoint inspectors for the purpose of policing,
guarding and inspecting all levees constructed under the provisions of
sections 245.010 to 245.280, and the number of such inspectors shall be
determined by the board of supervisors, as conditions and emergencies may
require from time to time.

2. Said (and such) inspectors shall have the right at any time to take up
and impound any and all stock, animals, or fowls, found upon or running
upon any levee constructed or supervised under the provisions of sections
245.010 to 245.280; and before the owner of any such animal or animals,
stock or fowls, shall be entitled to recover possession of the same, he
shall pay to said levee district the penalty or amount fixed by the board
of supervisors. Any and all members of the board of supervisors, and all
inspectors employed by them, shall at all times in guarding or patrolling
any levee constructed or supervised under the provisions of sections
245.010 to 245.280, shall have the same rights and authority in making
arrests of persons, and in impounding animals, as is now accorded any
sheriff or other peace officer of this state.

3. It shall be the further duty of said inspectors to report at such
times as the board of supervisors may require, the condition of the
levees, or other works of the district assigned to each inspector by the
board; to make such examinations of all levees during high water periods,
as may be directed by the board of supervisors; and upon any emergency,
or danger to the levee, or other works of the district, of which the
inspector has charge, he by order of the board of supervisors, may call
out all able-bodied men over sixteen years of age, and under fifty years,
within the district, and compel such persons to perform such work as said
inspector may deem necessary to be made, in order to protect the levees,
grades, or other works of the district. Any person who shall refuse to
perform any such work assigned to him by said inspector, shall be deemed
guilty of a misdemeanor, and upon affidavit made before any associate
circuit judge of the county, by the inspector, or any other person, that
the offender has defaulted in obeying such call or summons of said
inspector, said associate circuit judge shall issue a warrant for the
arrest of such offender, and upon conviction before said associate
circuit judge, upon information or any other modes provided by law for
the trial of cases of misdemeanor, he shall be fined any sum not less
than twenty nor more than one hundred dollars, or by imprisonment in the
county jail, not less than fifteen nor more than sixty days, or by both
such fine and imprisonment, at the discretion of the associate circuit
judge. For every day's work any person shall perform under such
requisition, he shall be paid the sum of one dollar and fifty cents out
of the funds of the district, if demanded by him.

4. The provisions of this section shall apply, so far as necessary, to
levee districts organized under sections 245.285 to 245.545. (RSMo 1939 §
12533)

Prior revisions: 1929 § 10943; 1919 § 4637

If any county collector of the revenues refuses, fails or
neglects to make prompt payment of the tax or any part thereof collected
under sections 245.010 to 245.280 to the aforesaid treasurer, 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 his sureties
shall be liable therefor on his aforesaid bond. The collector shall
deduct one percent of the amount he collects on current taxes and two
percent of the amount he collects on delinquent taxes. All fees collected
pursuant to this section shall be collected on behalf of the county and
deposited in the county treasury. (RSMo 1939 § 12515, A.L. 1987 S.B. 65,
et al.)

Prior revisions: 1929 § 10925; 1919 § 4619

Effective 1-1-88

No change of venue shall be allowed in any of the proceedings
had under the provisions of sections 245.010 to 245.280, except where the
judge of the court in which the articles of association have been filed
shall be disqualified for any of the reasons stated in the statutes of
this state relating to the change of venue in civil cases. If the judge
of such court is disqualified or is charged by any person interested in
the formation of said district with being disqualified for any of the
reasons stated in the statutes, it shall be the duty of said judge to
call in a judge from some other judicial circuit of this state to sit and
hear the proceedings and render his decree and judgment the same as the
regular judge could have. Such judge shall retain jurisdiction in such
reclamation proceedings only until the disqualification of the regular
judge of the circuit court shall have been removed. Said judge so called
shall receive for his services mileage and ten dollars per day for each
day engaged. It shall be the duty of the clerk of the court in which the
articles of association have been filed to make out and sign a bill for
the amount of mileage and per diem of the judge so called in and forward
said bill to the state auditor, who shall approve such bill and draw a
warrant for such amount on the fund appropriated and set apart by the
legislature to pay expenses and salaries of circuit judges. (RSMo 1939 §
12526, A.L. 1947 V. II p. 226)

Prior revisions: 1929 § 10936; 1919 § 4630

No action under sections 245.010 to 245.280 shall abate by
reason of the death or disability of any party to any proceeding, but
upon suggestion of such death or disability the cause shall be
immediately revived in the name of the heirs, devisees or their legal
representatives, and summons shall be served on such heirs, devisees and
legal representatives at least five days before the day set for hearing
the cause, and said summons may be served in vacation or term time; if
the heirs, devisees or legal representatives of the deceased party are
nonresidents notice by publication shall be given them in the manner and
for the time provided for in section 245.020 and the cause shall then
proceed in all respects as in case of the original parties being in
court. (RSMo 1939 § 12527)

Prior revisions: 1929 § 10937; 1919 § 4631

No appeal from any action of the circuit court had under
sections 245.010 to 245.280 shall be permitted to act as supersedeas or
to delay any action or the prosecution of any proceedings or work begun
under the provisions of this law. Any procedure had under section
245.055, 245.060, 245.130 or 245.140 may be heard and determined by the
court at either regular, adjourned or special sessions. (RSMo 1939 §
12528)

Prior revisions: 1929 § 10938; 1919 § 4632

When an existing levee district has been reorganized under
sections 245.010 to 245.280 the board of supervisors will not be required
to follow such steps or requirements of sections 245.010 to 245.280 as
are inconsistent with or rendered unnecessary, by the work that has
already been done in the district; provided, that no such change of
organization shall have the effect of in any way invalidating any
indebtedness, liability, or contract of any nature incurred under its
former organization, but all such indebtedness, liability or contract
shall attach to and become the debt or liability of the new organization
until the same is fully paid and discharged, and all debts owing to, and
all rights and privileges and immunities held or enjoyed by the old
district under its former organization shall be held and enjoyed by the
new district when the same shall organize under the provisions of
sections 245.010 to 245.280; provided further, that no right of action
shall exist nor remedy be allowed against any such reorganized district
by virtue of any contract or contracts made by, or on behalf of, any such
reorganized district prior to its reorganization as herein provided for,
which did not exist or was not allowed by statute against such district
prior to the time of its organization as herein provided for; and
provided further, that two or more levee districts, whether located in
the same or different counties, may unite in formulating and signing
articles of association for the reorganization of such districts under
the provisions of sections 245.040 to 245.055 and the land and other
property of such districts may be combined into one and the same district
under some suitable title. (RSMo 1939 § 12545)

Prior revisions: 1929 § 10955; 1919 § 4649

The incorporation of every levee district, heretofore or
hereafter incorporated under and by virtue of the provisions of sections
245.010 to 245.280, shall be dissolved if, at any time before its board
of supervisors has adopted a plan for reclamation, the owners, of a
majority of the acres of land within said levee district, petition the
circuit court, wherein said levee district was incorporated, for a
dissolution thereof; provided, that, upon the filing of any such
petition, said circuit court shall, before dissolving said corporation
ascertain and determine the amount of money in the treasury of, or owing
to, said corporation, and the amount of all warrants issued and unpaid by
it, and the amount of the debts and other obligations owing by it; and,
if said amount of money, in the treasury and owing to said corporation,
is in excess of the amount of said warrants, debts and other obligations,
said circuit court shall order said warrants, debts and other obligations
to be forthwith paid and discharged, and said excess divided among all
the owners of land in said levee district who paid the same thereto, in
the proportions in which they paid the same; but if said amount of money,
in the treasury and owing to said corporation, is not sufficient to pay
and discharge said warrants, debts and other obligations, then said
circuit court shall order said board of supervisors to levy and collect a
uniform tax, upon each and every acre of land within said levee district,
sufficient in amount to pay said deficiency, and to thereupon pay the
same. (RSMo 1939 § 12547)

Prior revision: 1929 § 10957

The repealing of existing laws 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 levee district heretofore organized or in process of organization at
the time of passage of sections 245.010 to 245.280, under any law of this
state, either special or general, but all such rights, powers, remedies
and liens are hereby directly preserved to all such levee 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 levee district now organized,
and existing under any law in this state, either special or general, but
all such obligations, contracts and undertakings so entered into, shall
be and remain inviolate. All rights, powers, liens and remedies now
existing in behalf of such levee district of this state, may be enforced
and made available in the manner and by the means and mode now provided
by law, or such rights, powers, liens and remedies may be enforced and
made available under the provisions of sections 245.010 to 245.280, if
applicable, at the election of the board of supervisors of the levee
district. Sections 245.010 to 245.280 are hereby declared to be remedial
in character and purpose, and shall be liberally construed by the courts
in carrying out this legislative intent and purpose, and its provisions
shall be construed to apply to levee districts already organized or in
process of organization at the time of the passage of sections 245.010 to
245.280. (RSMo 1939 § 12546)

Prior revisions: 1929 § 10956; 1919 § 4650

The term "levee districts" as used in sections 245.285 to
245.545, and all other terms, or provisions of law contained in said
sections 245.285 to 245.545, which have heretofore been interpreted as
applying to said levee districts shall be construed to include,
authorize, provide for and be made applicable to all districts now
organized or which may hereafter be organized for the purpose of
establishing, constructing or causing to be constructed, levees, dikes,
bank protections, current control or other protection or reclamation
improvements contiguous or adjacent to or situate near any body of swamp,
wet or overflowed land, or other property in the nature of individual or
corporate franchises in this state, or land subject to overflow or
inundation or in or adjacent to any river or stream wholly within or
bordering on the state of Missouri, property or land abutting, or situate
near, which may be endangered or liable to be endangered through wash or
bank erosion. (RSMo 1939 § 12549)

Prior revision: 1929 § 10959

The county commissions of the several counties in this state
containing contiguous bodies of lands subject to overflow or inundation
or endangered or liable to be endangered by bank erosion or wash from
rivers bordering upon or wholly within the state, may divide the
territory of their respective counties subject to overflow or inundation
or other damage into one or more districts, every such district of which,
as well as those hereafter organized under the provisions of sections
245.285 to 245.545, shall be a body corporate, and possess the usual
powers of a corporation for public purposes, under the name and style of
"levee district No. ......... of ......... County"; and in that name
shall be capable of suing and being sued, of holding such real and
personal property as may at any time be either donated to or purchased by
them in accordance with the provisions of sections 245.285 to 245.545, or
of which they may be rightfully possessed at the time of the passage of
this law, having reference to the locality of the land and the character
of the riverfront, including in each of said districts, as near as
possible, all the land subject to overflow or inundations, or endangered
or liable to be endangered by bank erosion or wash from the same
crevasses, bayous, draws or outflows from rivers, and in the same
direction, and which can be protected by the same levee or system of
levees or bank protection; provided, that when it shall be made to appear
in any way that there shall be land in two or more counties subject to
overflow or inundation from the same crevasses, bayous, draws or outflows
from a river, and in the same direction, and which can be protected by
the same levee or system of levees, either county, by and with the
consent of the county commission of the other county or counties, duly
entered of record, may lay off such territory of said county or counties
into a levee district, in the same manner as herein provided for
territory wholly within such county; 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 §
12548)

Prior revisions: 1929 § 10958; 1919 § 4651; 1909 § 5714

The county commission, or other legislative body if different
from the county commission, of any county in this state forming a levee
district wholly within its limits, whether of the whole county or a part
of such county, may lay off such levee district at any regular meeting of
such commission. (RSMo 1939 § 12550, A.L. 1994 S.B. 633)

Prior revisions: 1929 § 10960; 1919 § 4652; 1909 § 5715

Effective 7-12-94

No such levee district shall be formed unless notice of an
intention to apply therefor be first given by publication in some
newspaper published in each county composing said proposed levee
district, published once at least fifteen days before the commencement of
the meeting of the county commission to which said application shall be
made, and provided that the commission shall mail, by certified mail, a
copy of the notice of the intention to form a district to the names
listed on the county assessor's records of the owners of land or other
individual or corporate franchise property in the district, including all
public entities owning land within the district. (RSMo 1939 § 12551, A.L.
1994 S.B. 633)

Prior revisions: 1929 § 10961; 1919 § 4653; 1909 § 5716

Effective 7-12-94

Whenever the board of directors of any levee district shall, by
petition, show to the county commission or other legislative body of the
county in which said levee district is situated that there are lands in
said county which are subject to overflow, and inundation from the same
rivers, crevasses, or bayous as other lands included in said district,
and which said lands are not included in said levee district, and asking
that said lands be incorporated in said district, the county commission
or other legislative body shall cause notice to be given to such
landowners requiring them to appear at the next regular meeting of said
commission or other legislative body and show cause why such lands should
not be incorporated into said levee district, and at the next regular
meeting the commission or other legislative body shall proceed to hear
and determine the matter; and if it shall appear that such lands are
subject to overflow and inundation from the same rivers, bayous and
crevasses as the lands in said district, the commission or other
legislative body shall make an order incorporating such lands into said
levee district, and the assessor shall assess the benefits to said lands
to be derived from the building of levees constructed or to be
constructed by said levee district, in the same manner, and the board of
equalization shall act upon the same in the same manner as heretofore
provided in sections 245.285 to 245.545; provided, that if the owner of
any such lands be a nonresident of the county, he may be notified by
registered mail to the address used by the county assessor for tax
purposes. (RSMo 1939 § 12597, A.L. 1994 S.B. 633)

Prior revisions: 1929 § 11007; 1919 § 4699; 1909 § 5762

Effective 7-12-94

If at any time it becomes necessary or expedient to extend a
levee, not exceeding ten miles, in levee districts already organized, or
to enlarge any levee district for the purpose of extending any levee
therein to be constructed, in order to better protect such district from
overflow, and if a petition of not less than five landowners, of the
district, be presented to the county commission, requesting the same, the
said county commission shall call a meeting of the landowners of the
district and of the landowners in the territory sought to be connected
with the district, in accordance with the prayer of the petitioner, at
some convenient point to the said territory, by giving due notice as
required in section 245.460, and at such meeting an estimate of the costs
of the proposed new work made by an engineer, must be laid before the
meeting, and the landowners present shall then determine, by the majority
of the votes cast, whether such proposed new territory shall be added,
and also whether the proposed new work shall be done. But said vote may
be cast by the landowners present, or by agent or proxy, representing
them. And if it is determined to add the new territory or to extend the
levee in districts already organized, there shall be a readjustment of
the taxes for benefits, and the county assessor shall proceed to assess
the benefits to all of the land in the district that will be benefited by
the proposed work; and the board of equalization shall act upon the same,
and all the assessments, levying of taxes and the collecting of the same
shall be proceeded with in the same manner as in the case of organizing a
new district. (RSMo 1939 § 12595)

Prior revisions: 1929 § 11005; 1919 § 4697; 1909 § 5760

Any levee district now organized or existing under the
provisions of any other law of this state either general, special or
local law, may elect in the manner herein provided to be and become
organized under the provisions of sections 245.285 to 245.545; provided,
that no such election or change of organization shall have the effect to
repudiate or to permit the repudiation of any indebtedness or liability
of such levee district which was made or incurred under its former
organization, but all such indebtedness or liability shall attach to and
become the debt or liability of the new organization till the same is
fully paid off and discharged and all debts owing to, and all rights,
privileges and immunities held or enjoyed by the old district under its
former organization, shall be held and enjoyed by the new district when
the same shall reorganize under the provisions of sections 245.285 to
245.545. (RSMo 1939 § 12599)

Prior revisions: 1929 § 11009; 1919 § 4701

1. Any such levee district now existing but not organized under
sections 245.285 to 245.545 may become organized under sections 245.285
to 245.545, and when so organized hereunder, shall be entitled to the
benefit of all of the provisions of sections 245.285 to 245.545 in the
following manner: Upon the presentation of a petition of not less than
ten resident landowners whose lands are taxed in such district proposing
to reorganize, or if such district shall be composed of lands lying in
more than one county, then upon the presentation of a petition of ten
such resident taxed landowners, from each of the counties in which the
lands in such district are situate, to the board of directors,
supervisors or managers of such district (by whatever name they may be
known) requesting the submission to an election of the question of a
change of organization, such board of directors shall enter upon the
record of the district proposing to change its organization, the fact of
the presentation of the petition, the object thereof, and the names and
residences of the petitioners requesting that such election be held; such
board of directors, if a majority thereof are in favor of such change,
shall make an order that the question of such proposed change shall be
submitted to a vote of the landowners.

2. A certified copy of the record of the board of directors, together
with a true certified copy of the petition of the landowners, shall be
presented to the county commission of the county in which such district
is situated, at some regular term thereof, or to each of the county
commissions of the counties composing such district, if there be more
than one county therein. Upon the receipt of the record at any regular
term the county commission, or commissions, shall make an order that an
election be held in the district, or in each county in the district, if
there be more than one county, for the purpose of voting upon the
question of the proposed change. This election shall be held not more
than sixty days after the same shall be ordered. No one shall be a
qualified voter at such election unless his or her name shall appear as
an assessed landowner upon the current tax books of the district. Each
such landowner shall be entitled to cast as many votes as he or she shall
have acres of land assessed for taxation in the district as shown by the
said tax books of the district. Voters may vote in person or by proxy;
provided, that all proxies shall be in writing and acknowledged as deeds
of conveyance are required to be acknowledged. The election shall be held
at the county seat of the county or counties composing the district, but
the same need not be held on the same day in each county, if there be
more than one.

3. Four judges and two clerks of election shall be appointed for each
county in the district by the board of directors of the district seeking
the change of organization, by and with the consent of the county
commission. Notice of said election shall be given by publication in some
newspaper published in the county in which the election is held for at
least four insertions prior to the holding of the same. The judges and
clerks of election shall be sworn in the manner now required by law for
the holding of municipal elections. The judges and clerks of election
shall certify to the county commission of the county wherein such
election was held the result thereof, which certificates shall show the
votes for and against the proposed change of organization. (RSMo 1939 §
12600)

Prior revisions: 1929 § 11010; 1919 § 4702

Should a majority of the votes of those voting upon the
proposition be in favor of the change, the proposed change shall be
deemed carried and the same shall be made, and the new district named and
formed, and directors therefor appointed as provided in sections 245.300
and 245.335. The notice required by law to be given by said section
245.300 when the laying out of a new district is sought to be had shall
be made and given, with such changes therein, as the circumstances shall
require. (RSMo 1939 § 12601)

Prior revisions: 1929 § 11011; 1919 § 4703

The action taken by the county commission in reorganizing an old
district under sections 245.285 to 245.545, when such organization shall
have been ordered under the provisions of sections 245.285 to 245.545,
shall have in all ways and respects the same force and effect in law, as
would the organization of a new district under the provisions of said
sections 245.300 and 245.335, and the new district thus formed from the
old one which existed under a different, general, local or special law,
shall thereafter have all of the rights, privileges and immunities, and
shall be authorized to exercise the same powers as would any new district
originally organized under sections 245.285 to 245.545; provided, that
such district changing its organization under the provisions of sections
245.285 to 245.545, shall take up the work of building, maintaining and
repairing levees, and other similar improvements, where the old
organization stopped; and provided, that the procedure of the new
district thus formed shall after its organization proceed in conformity
with the provisions of sections 245.285 to 245.545 as to work and acts
thereafter to be done by the new district. (RSMo 1939 § 12602)

Prior revisions: 1929 § 11012; 1919 § 4704

At the term of the county commission at which said levee
district may be laid off, or at any subsequent term thereof, the said
commission shall appoint three directors of levees, who shall be
landholders within the county for the levee district of which the county
is the whole or part thereof, one of which directors shall hold his said
office for the term of one year, one for the term of two years, and one
for the term of three years, and until their successors are duly
appointed and qualified; and the said commission shall annually
thereafter appoint one director to take the place of the director whose
official term expires, possessing the same qualifications as the director
first appointed, who shall hold his office for the term of three years.
(RSMo 1939 § 12552)

Prior revisions: 1929 § 10962; 1919 § 4654; 1909 § 5717

Said directors shall, before entering upon their duties, take
and subscribe the oath prescribed by the constitution of this state, and
that they will faithfully, honestly and impartially discharge their
duties as directors, according to law, which oath shall be filed in the
office of the county in which said directors may be appointed. (RSMo 1939
§ 12553)

Prior revisions: 1929 § 10963; 1919 § 4655; 1909 § 5718

The directors appointed under the provisions of sections 245.285
to 245.545, shall call a meeting of their body at such time and place as
may be designated by the directors of the county in which the larger part
of the levee district may lie. Said body shall be known and designated as
the "board of directors of levee district No. ...., lying in the counties
of .........". Said board of directors shall organize by electing a
president, vice president and secretary, all of whom shall be members of
said board, and such other officers, agents and servants as said board of
directors shall deem necessary to carry out the provisions of sections
245.285 to 245.545. (RSMo 1939 § 12554)

Prior revisions: 1929 § 10964; 1919 § 4656; 1909 § 5719

A majority of said board of directors shall constitute a quorum
for the transaction of the business of the board. All permanent vacancies
in said board of directors, caused by death, resignation, removal from
the county where appointed, or refusal to serve, shall be filled by the
county commission of the county in which the vacancy occurs. (RSMo 1939 §
12585)

Prior revisions: 1929 § 10995; 1919 § 4687; 1909 § 5750

The president of the board of directors shall preside at all
meetings thereof; he shall sign the minutes and record of the proceedings
of the board, and all warrants that may be drawn upon the treasurer by
order of the board of directors for the payment of any money out of the
treasury upon account of the levee fund of the district, and in general
may do all acts and things that the said board may empower and authorize
him to perform; and in his absence from any of the meetings of said
board, the vice president shall preside and perform all the duties which
have been conferred upon the president. In the absence of both the
president and vice president at any meeting of the board, said board
shall appoint one of their number to preside at such meeting, and the
person so appointed shall have the same power and authority as has been
conferred by law and by order of the said board upon the president. The
secretary of said board of directors shall make out and safely keep a
true and complete record of the proceedings of said board, in a book to
be furnished for that purpose. He shall draw and attest all warrants on
the treasurer for all moneys ordered by the board of directors to be paid
out of the levee fund, and perform such other acts and duties as may be
prescribed by such board. (RSMo 1939 § 12555)

Prior revisions: 1929 § 10965; 1919 § 4657; 1909 § 5720

Each director attending a meeting of said board of directors
shall be entitled to receive for his services for each day actually
engaged in holding meetings of said board, the same per diem and mileage
as allowed by law to commissioners of county commissions for their
services in holding county commission meetings. (RSMo 1939 § 12583, A.L.
1986 H.B. 1554 Revision)

Prior revisions: 1929 § 10993; 1919 § 4685; 1909 § 5748

It shall be the duty of said board of directors to determine
what work is necessary to be done, or levees to be constructed, to
protect their district from overflow or inundations or from bank erosion,
wash or cutting from rivers. Whenever said board of directors shall deem
it necessary they shall cause accurate surveys, maps and profiles thereof
to be made of levees or other works to be constructed or repaired, and
estimates and calculation of the costs of such work to be made by some
experienced, suitable and competent engineer, who shall make a written
report of the same, showing the amount, character and kind of work to be
done, the exact location and probable cost thereof, and return the same,
with all plans and specifications, to the board of directors. (RSMo 1939
§ 12560)

Prior revisions: 1929 § 10970; 1919 § 4662; 1909 § 5725

If it shall be decided at said meeting in the manner aforesaid,
to do said work, the directors shall proceed to let the same out to the
lowest and best bidder; provided, however, that said directors shall have
the right to reject all bids, if the same be deemed too high. No director
shall, either directly or indirectly, become a contractor for the
building or repairing of any levee or public work contemplated by
sections 245.285 to 245.545, nor have any interest therein, present or
remote; and any director so offending shall, upon conviction, be punished
by imprisonment in the penitentiary not exceeding five years. (RSMo 1939
§ 12568)

Prior revisions: 1929 § 10978; 1919 § 4670; 1909 § 5733

The contractors shall give bond to said board of directors, with
good and sufficient security, in a sum sufficient to secure the prompt
execution of their contract, conditioned to pay any damages which shall
result to the landholders of said district from a failure to perform
their said contracts, or by reason of negligent performance of the same.
(RSMo 1939 § 12574)

Prior revisions: 1929 § 10984; 1919 § 4676; 1909 § 5739

Said work shall be done by said contractors under the
supervision of said board of directors, or any engineer or engineers to
be selected by them for that purpose, and when completed, if performed
according to the terms of their contract and the plans and specifications
submitted to said meeting of landholders, shall be received and accepted
by said board of directors. (RSMo 1939 § 12575)

Prior revisions: 1929 § 10985; 1919 § 4677; 1909 § 5740

Before said work is let under contract said board of directors
shall procure the right-of-way over all lands belonging to private
persons and right-of-way or roadbed of any railway corporation and any
other private or public corporation, and in case they cannot get a
gratuitous relinquishment of such right-of-way, or in case said board of
directors or the engineer, attorney or agent of said board of directors
are unable to agree with the owner of said lands as to the amount of
compensation to be paid such owner for said right-of-way, they shall
proceed to condemn such, and all lands necessary for a right-of-way for
such levee, or any extension thereof, according to the provisions of
chapter 523, RSMo. (RSMo 1939 § 12570)

Prior revisions: 1929 § 10980; 1919 § 4672; 1909 § 5735

Said board of directors is hereby authorized and empowered to
treat, contract and negotiate with what is known as the Mississippi River
Commission, heretofore created by an act of the Congress of the United
States, or with any other agency of the United States government, for the
purpose of securing the construction, repair and maintenance of the
levees within their levee district, or the aid, assistance or cooperation
of said river commission or other agency in the construction, repair and
maintenance of said levee or line of levee, or any part thereof, and to
this end said board of directors may turn over to said Mississippi River
Commission or other agency the use and control of any part of its line of
levee or the whole of said line; may place its officers, servants and
agents at the disposal of and under the direction of said Mississippi
River Commission or other agency; may take in charge and superintend
contracts for levee building and the building of the same, and generally
shall have full power, authority and discretion to enter into any and all
arrangements, contracts and agreements with said Mississippi River
Commission or other agency of the United States government that will
secure the construction of the levee and protection of the levee district
from overflows and inundations from rivers, by said Mississippi River
Commission or other agency, or their cooperation in such construction and
protection. (RSMo 1939 § 12576)

Prior revisions: 1929 § 10986; 1919 § 4678; 1909 § 5741

Said board of directors shall, at their first meeting after the
expiration of one year from date of their organization, and annually
thereafter make and publish in some newspaper published in the county
composing the levee district, and when composed of two or more counties,
then in each county lying in such district, a full and complete statement
of the amount and kind of levee work done in the district, with amount of
money collected and disbursed during the preceding year, showing from
what officer and what account any money has been received, and to what
individuals and on what account any money has been paid, and shall strike
a balance showing a deficit, if any, or the balance in the treasury, if
any. (RSMo 1939 § 12586)

Prior revisions: 1929 § 10996; 1919 § 4688; 1909 § 5751

In case any emergency should arise rendering it necessary, or in
case the board of levee directors deem it expedient to change the
location of the levee first agreed upon, or at any time to extend the
same for a short distance to a location which they believe would furnish
a better place of termination thereof, the said board of levee directors
shall have power to make such changes or extensions. (RSMo 1939 § 12579)

Prior revisions: 1929 § 10989; 1919 § 4681; 1909 § 5744

Said board of directors is hereby authorized and empowered to
contract upon terms of reasonable compensation with any railroad
corporation for the use and occupancy of levees of the district for the
roadbed of such railroad corporations; and it shall be lawful for such
board of directors to contract with any railroad corporation, for the use
of their roadbed for levee purposes, and upon such terms as may be agreed
upon by the parties they may contract and agree that such railroad
company may construct their embankments to a sufficient height to prevent
inundations over such embankments. (RSMo 1939 § 12577)

Prior revisions: 1929 § 10987; 1919 § 4679; 1909 § 5742

Whenever the right-of-way shall be obtained as provided in
section 245.385 over any right-of-way of any railroad, tramway or
embankment, either by voluntary relinquishment of the same or by
condemnation proceedings, it shall be the duty of such railway company or
other person or corporation owning such embankment, to construct its
roadbed or other embankment, as high as the top of such levee, without
opening between the points connecting such levee and the railroad track,
roadbed or other embankments, and in case any such person or corporation
shall fail or refuse to so construct its embankment within six months
after the building of such adjacent levee, such person or corporation
shall be liable in damages for all injuries of every character sustained
by such levee district, or any person by reason of its failure to so
construct its embankment. (RSMo 1939 § 12571)

Prior revisions: 1929 § 10981; 1919 § 4673; 1909 § 5736

Whenever a railroad passes over or along land in this state
subject to overflow by any river or creek and such land is protected, or
may be hereafter protected, by levees constructed to protect such land
from overflows and such levees abut on or connect with the right-of-way
of the railroad, it is hereby made the duty of any person, persons or
corporations owning or operating railroads to continue and maintain the
levee from the point where it approaches and abuts on the railroad
right-of-way to the railroad embankment and to make the levee connect
therewith. And such continuation of levee shall be on a level with the
top of the levee of the landowner as it abuts on the railroad
right-of-way. (RSMo 1939 § 12572)

Prior revisions: 1929 § 10982; 1919 § 4674; 1909 § 5737

In case any person or corporation owning or operating any such
railroad as mentioned in section 245.415 shall fail to continue and
connect any such levee constructed by the abutting landowner within
ninety days after receiving written notice to do so, and after the
landowner's levee has been constructed and completed to the right-of-way
of the railroad for a period of twenty days, then the landowner shall
have the right to enter upon the right-of-way of such railroad for the
purpose of continuing and constructing the said levee over and across the
right-of-way to a connection with the railroad track or grade. And such
landowner having so continued and constructed such levee across said
right-of-way to the railroad track or grade as above provided may recover
by suit against the person or company owning or operating the said
railroad the full amount of the actual cost of so continuing and
constructing the said levee on and across the right-of-way of the
railroad, together with interest thereon and costs, which costs shall
include attorney fee for plaintiff in the sum of twenty-five dollars.
(RSMo 1939 § 12573)

Prior revisions: 1929 § 10983; 1919 § 4675; 1909 § 5738

No private road shall be permitted to cross any levee built
under the provisions of sections 245.285 to 245.545, until the persons
interested in and benefited by said road shall build sufficient
approaches on each side of said levee to permit the travel and use to
which said road is subject without endangering said levee, and at the
expense of such interested persons. (RSMo 1939 § 12588)

Prior revisions: 1929 § 10998; 1919 § 4690; 1909 § 5753

As soon as any levee district shall have been organized, as
aforesaid, and in order to defray the expenses of surveys and estimates
of levees or other works and costs thereof, maintain and repair the same,
and pay such officers, agents, servants and employees as may be entitled
to compensation, the said board of directors may order the assessment of
a tax on all the lands within the levee district to be benefited, not to
exceed ten mills on the dollar, on the valuation of the benefits thereon
by reason of the work proposed or completed as returned by the assessor,
and such tax may be assessed and levied for each and every year, and from
year to year, whenever the board of directors may, from time to time,
determine the same to be necessary; and all such taxes shall be a lien
upon the lands in such districts until paid. In the event of a buyout of
the lands of the district because of flood damage, in whole or in part,
it shall be the responsibility of the entity acquiring any land within
the district to satisfy in full any outstanding liens against the
property acquired at the time of purchase. The amount of any outstanding
lien for each parcel of property located within the district shall not
exceed the property's proportional liability to the outstanding bond
issue. And whenever said board of directors shall have, by resolution,
ordered the assessment of a tax, the secretary of the board, under his
official seal, shall cause a certified copy of said order to be
transmitted to the clerk of the county commission in which said levee
district shall be situated, and in case such levee district shall be
situated in two or more counties, then to the clerk of the county
commission of each county in which any portion of said district may be
situated; and the said tax shall be extended on the tax books of the
county on the real estate to be benefited, situated in said levee
district, in the same manner that other taxes are now extended, in a
column under the head of "Levee Fund Tax", and shall be collected by the
collector of the county in which the real estate is situated on which the
tax is levied, at the same time the state and county taxes are collected,
and when said tax shall be collected, the collector shall pay the same
over to the treasurer of the county in which the greater portion of said
levee district lies. All taxes assessed and levied under the provisions
of sections 245.285 to 245.545, shall be collected in the same manner as
provided by the general revenue law of the state for the collection of
state and county revenue. All taxes not collected shall be returned
delinquent at the same time and in the same manner as provided by the
general revenue laws for the return of delinquent tax lists, and all
writs for delinquent taxes assessed and levied, as aforesaid, shall be
prosecuted in the name of the state of Missouri, at the same time, in the
same manner and with like effect as writs are prosecuted under the
general revenue laws of the state relating to the collection of
delinquent and back taxes. (RSMo 1939 § 12557, A.L. 1994 S.B. 633)

Prior revisions: 1929 § 10967; 1919 § 4659; 1909 § 5722

Effective 7-12-94

After the formation of any levee district under the provisions
of sections 245.285 to 245.545, the county commission of the county in
which such district lies, or when it lies in two or more counties, the
county commission of each county in said district, shall cause the county
assessor of their respective counties composing said levee district, at
the first annual assessment to be made under the general revenue laws of
the state, to assess the value of all lands in said levee district
subject to overflow or inundation or endangered or liable to be
endangered by bank erosion or wash from rivers, and to be benefited by
said work, having reference to the value of said lands without the work
contemplated by sections 245.285 to 245.545, and shall assess the value
thereof as improved by said work, in an assessment book to be provided
for that purpose. (RSMo 1939 § 12561)

Prior revisions: 1929 § 10971; 1919 § 4663; 1909 § 5726

Said lands shall be entered upon said book in convenient
subdivisions, as surveyed by United States deputy surveyors, with
appropriate columns, showing the names of resident owners, and
nonresident owners when known, of said lands, and of any person or
persons holding recorded liens or encumbrances, if known to the assessor;
also, the number of acres cleared and uncleared, as nearly as said
assessor can ascertain the same without actual measurement, the value
thereof as assessed by him, without the work, and the value thereof as
improved by the work; provided, that no error in the description of any
of said lands shall invalidate such assessment, if sufficient description
is given to ascertain where the lands are situated. (RSMo 1939 § 12562)

Prior revisions: 1929 § 10972; 1919 § 4664; 1909 § 5727

Said assessment book shall be made out by the assessors of their
respective counties in the levee district, and a fair copy thereof shall
be returned to the president of the board of directors of the levee
district in which the assessments have been made, at the same time
assessors are required, under the general revenue laws of the state, to
make out and return to the county commission a copy of the assessor's
book for state and county taxes, and shall file the original assessment
book in the office of the clerk of the county commission of the county in
which the assessment is made. Upon the filing of the copy or copies of
the assessment book, as required by this section, the board of directors
shall call a meeting of the landowners of said levee district at some
place convenient to some part of said work or contemplated work, and
shall give at least thirty days' notice of the time and place of said
meeting and the purpose thereof, by advertisement in some newspaper
published in the county composing the levee district, and when lying in
two or more counties, then in some newspaper published in each of said
counties. At such meeting the board of directors shall submit the
reports, specifications, surveys, maps, profiles and estimates made by
the engineers, together with the assessments, as returned by the county
assessors, to said meeting for action, and requiring the owners of said
lands and the holders of any lien thereon to show cause at said meeting
why said lands should not be assessed with their proportional part of
said work. (RSMo 1939 § 12563, A.L. 1994 S.B. 633)

Prior revisions: 1929 § 10973; 1919 § 4665; 1909 § 5728

Effective 7-12-94

The county board of equalization shall have and receive the same
jurisdiction over the lands taxed for the purposes in sections 245.285 to
245.545, specified, as conferred by the general laws of the state in the
assessment of property for the state and county purposes, and complaints
of all persons who think themselves aggrieved by the assessment of their
lands shall be made at the same time required by the general revenue laws
of the state. All corrections made in the assessment of lands by the
county board of equalization shall be certified to the board of directors
by the clerk of the county commission where such corrections are made.
(RSMo 1939 § 12569, A. 1949 S.B. 1085)

Prior revisions: 1929 § 10979; 1919 § 4671; 1909 § 5734

At such meeting the reports and estimates of the engineer and
the assessment of the assessors shall be laid before the landowners
present estimating the probable cost of said work, and the probable rate
percent therefor on the valuation of the said lands as increased by the
said work, and a vote shall be taken whether or not the work shall be
done; provided, that any landowner in the district to be benefited by the
work may be represented and his vote cast at such meeting by his agent or
attorney, and in order to determine whether such work shall be done it
shall require a majority of the votes of the landowners of the district
present in person or by proxy casting a vote in favor of the work, and at
all meetings held under sections 245.285 to 245.545, every landowner may
be represented and his vote cast for or against the work by his agent,
attorney or proxy. (RSMo 1939 § 12564)

Prior revisions: 1929 § 10974; 1919 § 4666; 1909 § 5729

If it shall be decided to do the said work, it shall be
competent for the directors to order the rate percent agreed upon for the
cost of said work, to be paid in annual installments, in such amounts as
may be convenient for the accomplishment of said work; otherwise the
whole amount of said assessment of the rate percent shall be payable
immediately upon the approval by the landowner of the agreed amount of
rate percent, and shall be a lien upon the lands assessed within the
district until paid, and shall bear interest at the rate of not to exceed
eight percent per annum until paid, and such interest may be collected
and enforced as part of the assessment or annual installment; said
assessment or annual installment shall be levied and collected in the
same manner as provided in section 245.445. (RSMo 1939 § 12565)

Prior revisions: 1929 § 10975; 1919 § 4667; 1909 § 5730

Whenever the board of directors of any levee district shall
ascertain that the levees constructed by said district are insufficient,
from any cause, to afford complete protection from overflows, to the
lands in said district, they may by resolution entered upon the record of
said levee board call a meeting of the landowners of said levee district
to be held at some convenient place on the line of said levee, for the
purpose of determining whether said levee shall be enlarged and
strengthened; and they shall give the same notice as required in the case
of calling a landowners' meeting in the organization of a new district,
as provided by section 245.460, and at such meeting they shall lay before
the landowners present an estimate of the cost of the proposed work of
enlarging and strengthening said levee, made by an engineer, and a vote
shall be taken at such meeting, by the landowners present, voting either
by themselves or by proxy, whether an additional tax shall be levied and
an additional percent of the assessed benefits expended for such purpose,
and if a majority of the votes cast are in favor of such additional work
the board shall proceed to construct the same and the additional taxes
may be levied and apportionment of benefits made as herein provided.
(RSMo 1939 § 12603)

Prior revisions: 1929 § 11013; 1919 § 4705

Whenever the board of directors of any district organized under
sections 245.285 to 245.545 shall determine that the levees constructed
by the district are insufficient from any cause to afford complete
protection from overflows to the lands in the district, and whenever any
such board determines that the construction of an additional levee or
levees or the enlarging and strengthening of the existing levee or levees
within the district would also afford additional protection to lands
situated in another levee district or districts organized under sections
245.285 to 245.545, the board of directors may proceed to cause surveys,
maps, and profiles of the proposed work of improvement and estimates of
the cost of the work to be made by some experienced and competent
engineer who shall make a written report, showing the amount, character,
and kind of work to be done, the exact location and probable cost
thereof, and return the same with all plans and specifications to the
board of directors. Upon receipt of the report of the engineer and
approval thereof by the board of directors, the board may direct that
copies of the report be forwarded to the board of directors of each such
other levee district, with the request that each such other board meet in
joint session with the board of directors of the district in which the
improvement is to be constructed for the purpose of determining the
proportionate share of the cost of the improvement which should be borne
by each district involved. When all such boards, in joint session, shall
have agreed upon the proportion of the cost to be borne by each district
involved, the board of each district shall thereupon proceed in the same
manner as is now provided in section 245.480 to call a landowners'
meeting and to levy an additional tax and an additional percent of the
assessed benefits expended for such purpose. Any proposal to levy an
additional tax as provided in this section shall be approved by a
majority in each district involved to become effective. The proceeds of
any additional tax or the proceeds of any bonds which may be issued by
any district for the purpose authorized in this section shall be
transmitted to the treasurer of the levee district within which the
contemplated improvements are to be constructed, and shall be placed in a
separate fund and shall be used for no other purpose than to construct
such improvements. Any sum remaining in the fund after the completion of
the improvements shall be returned to the participating districts in
proportion to the amount contributed by them. Any such board of directors
shall have power to give such notice of the landowners' meeting as it may
deem proper, in addition to the notice required by section 245.460. (L.
1957 p. 586 § 245.281)

If it is found, by the county commission, after examining the
expenditures of the levee district, that the cost of constructing the
work will exceed the estimates made by the engineer, the commission may
call a meeting of the landowners, upon giving the notice as before
required in the case of organizing a new district; there shall be laid
before them an estimate of the cost of the completion of the work, made
by an engineer, and a vote shall be taken, at such meeting, by the
landowners present, voting either by themselves or by proxy, whether an
additional tax shall be levied for the purpose of completing the work,
and if a majority of the votes cast are in favor of completing such work,
the board shall proceed to complete the same and the additional taxes
that may be levied and collected as herein provided. (RSMo 1939 § 12596)

Prior revisions: 1929 § 11006; 1919 § 4698; 1909 § 5761

The directors may borrow money, not exceeding in amount the
assessments or annual installments unpaid at the time of borrowing, for
the construction of any work which they may be authorized to construct,
or for the payment of any indebtedness that they may have lawfully
incurred under the provisions of sections 245.285 to 245.545, and may
secure the same by notes or bonds bearing interest at not exceeding eight
percent per annum, and not running longer than one year beyond the date
of the payment of the assessment, or the last annual installment thereof,
on account of which the money is borrowed; which notes or bonds shall not
be held to make the directors personally liable for the money borrowed,
but shall constitute a lien upon the assessments, or annual installments
thereof, for the repayment of the principal and interest of said notes
and bonds. (RSMo 1939 § 12567)

Prior revisions: 1929 § 10977; 1919 § 4669; 1909 § 5732

CROSS REFERENCES: Bond issues, proceeds of and moneys for interest and
sinking funds to be kept separate, RSMo 108.180 to 108.230 Refunding
bonds authorized, payment of, RSMo 108.140 to 108.160

The board of directors may, at its option, in lieu of bonds,
issue warrants on the county treasurer, payable out of the fund of the
levee district, in payment of any indebtedness incurred, including the
entire expenses of constructing the levee, repairing or extending the
same. (RSMo 1939 § 12556)

Prior revisions: 1929 § 10966; 1919 § 4658; 1909 § 5721

The warrant thus drawn shall be in the following form, and shall
be signed by the president of the board of directors and countersigned by
the secretary:

Office of levee district No. ......

$ ...... No. ......

To the treasurer of ...... County, Missouri:

Pay out of any money in the treasury belonging to said levee district, to
......, the sum of ...... dollars, with interest thereon at the rate of
eight percent per annum from date of presentation to you for payment,
until sufficient funds of said district are in the treasury to pay the
same.

Done by order of the board of directors, this ......... day of ......,
20....

........, secretary. ........, president. (RSMo 1939 § 12566)

Prior revisions: 1929 § 10976; 1919 § 4668; 1909 § 5731

Whenever there shall be any money belonging to any levee
district set apart as a sinking fund for the payment of bonds, the board
of directors of such district shall loan the same for the highest
obtainable interest, not exceeding eight nor less than six percent per
annum, and shall cause the same to be secured by mortgage or deed of
trust on real estate, free from all liens and encumbrances, within the
county, of the value of double the amount of the loan; and any other
funds of said levee district may be deposited at the highest obtainable
interest in some bank in the county wherein said district or any part
thereof is situated, in the same manner as county school funds are
deposited; provided, no such loan or deposit shall be made until the same
shall be approved by the county commission of the county in which said
district may be situated. (RSMo 1939 § 12598)

Prior revisions: 1929 § 11008; 1919 § 4700; 1909 § 5763

CROSS REFERENCES: Bi-state development agency, bonds of, investment in
authorized, RSMo 70.377 Multinational banks, securities and obligations
of, investment in, when, RSMo 409.950 Savings accounts in insured savings
and loan associations, investment in authorized, RSMo 369.194

The county treasurer of the county in which the greater part of
any organized levee district lies shall be the treasurer of the levee
fund of the district, until paid out upon the warrants issued by order of
the board of directors of the levee district. Before receiving any funds
belonging to the levee district, the treasurer shall give a separate
bond, with sufficient security, in double the probable amount of the
levee fund that shall come into his hands, payable to the state of
Missouri, to be approved by the board of directors, conditioned for the
faithful disbursement, according to law, of all such moneys as shall,
from time to time, come into his hands to the credit of the levee fund of
the levee district of which the county of which he is treasurer is part;
and such bond shall be filed in the office of the clerk of the county
commission of the county in which said treasurer is appointed or elected.
On the forfeiture of such bond, it shall be the duty of the clerk of the
county commission in whose office such bond is filed to collect the same
for the use of the levee district. If such clerk shall neglect or refuse
to prosecute, any resident of the district may cause prosecution to be
instituted. It shall be the duty of the board of directors in no case to
permit the county treasurer having the custody of the levee funds of the
district to have in his possession at any one time an amount of levee
funds over one-half the amount of the security available in the bond.
Such treasurer shall be allowed such compensation for his services as the
board of directors deems advisable, not to exceed one-half of one percent
of all levee funds disbursed by him, and to be paid out of the levee
funds. (RSMo 1939 § 12559, A.L. 1990 H.B. 1070)

Prior revisions: 1929 § 10969; 1919 § 4661; 1909 § 5724

The engineer appointed by the board of directors, under the
provisions of sections 245.285 to 245.545, shall receive for his services
a sum not to exceed seventy-five dollars per month for the time he is
actually employed in field or other work, under contract with said board
of directors. The salaries of all other officers, not otherwise fixed by
the provisions of sections 245.285 to 245.545, and the agents and
employees of said board of directors, shall be fixed by said board, and
such salaries, and all other necessary expenses incurred by said board of
directors in carrying into effect the provisions of sections 245.285 to
245.545, shall be paid out of the levee fund of the district, upon proper
warrant issued by order of the board of directors. (RSMo 1939 § 12584)

Prior revisions: 1929 § 10994; 1919 § 4686; 1909 § 5749

It shall be unlawful for the owner of any livestock to allow the
same to use and run upon any levee erected under the provisions of
sections 245.285 to 245.545, or to herd any livestock upon said levee
during overflows or high water; and whenever in the judgment of the
inspectors of the levee, any livestock are likely to endanger the levee
under their charge, the inspector of the section of levee where such
damage is threatened shall notify the owner of such livestock liable to
do such damage, and require him to remove such livestock; and every such
owner who, after such notice, shall neglect or refuse to confine his or
her stock, and keep them off the levees, shall pay a fine not less than
twenty-five dollars nor more than one hundred dollars for each and every
act of disobedience to such notice, to be recovered at the suit of the
inspector or his successor in office, in any court of competent
jurisdiction; and the amount recovered and collected shall be paid into
the county treasury to the credit of the levee fund of the district.
(RSMo 1939 § 12580)

Prior revisions: 1929 § 10990; 1919 § 4682; 1909 § 5745

Any overseer who shall willfully fail or neglect to keep the
public road crossings of any levee in his road district in good repair,
so as to insure the safety of the levee, or who shall fail to repair such
crossing when notified by the levee inspector in writing, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined in a
sum not less than fifty nor more than one hundred dollars for each
offense, to be recovered by indictment or upon information before an
associate circuit judge. (RSMo 1939 § 12590)

Prior revisions: 1929 § 11000; 1919 § 4692; 1909 § 5755

The county commission of any county in which a levee district or
a part of a district may be organized under the provisions of sections
245.285 to 245.545 may, for the purpose of constructing its levee,
appropriate any of its unappropriated swamplands belonging to the county,
and acquired under the provisions of an act of the Congress of the United
States, entitled "An act to enable the state of Arkansas and other states
to reclaim the swamp lands within their limits", approved September 28,
1850, and an act of the general assembly of the state of Missouri,
entitled "An act donating certain swamp and overflowed lands to the
counties in which they lie", approved March 3, 1851, and subsequent
acts--said lands to be received by the contractor at a price of not less
than one dollar and twenty-five cents per acre. (RSMo 1939 § 12593)

Prior revisions: 1929 § 11003; 1919 § 4695; 1909 § 5758

It shall be the duty of the judge of the circuit court in any
county where levees have been constructed under the provisions of
sections 245.285 to 245.545, to give the penal sections of this chapter
in special charge to the grand jury of said county. (RSMo 1939 § 12594)

Prior revisions: 1929 § 11004; 1919 § 4696; 1909 § 5759

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