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| Home > Statutes > Usa-Missouri |
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USA Statutes : missouri
Title : LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter : Chapter 246 Provisions Relating to All Drainage and Levee Districts
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1. Notwithstanding any other provision of law, any drainage
district, any levee district, or any drainage and levee district
organized under the provisions of sections 242.010 to 242.690, RSMo, or
sections 245.010 to 245.280, RSMo, which has, prior to April 8, 1994,
been granted an extension of the time of corporate existence by the
circuit court having jurisdiction, shall be deemed to have fully complied
with all provisions of law relating to such extensions, including the
time within which application for the extension must be made, unless, for
good cause shown, the circuit court shall set aside such extension within
ninety days after April 8, 1994.
2. Notwithstanding any other provision of law, any drainage district, any
levee district, or any drainage and levee district organized under the
provisions of sections 242.010 to 242.690, RSMo, or sections 245.010 to
245.280, RSMo, shall have five years after the lapse of the corporate
charter in which to reinstate and extend the time of the corporate
existence by the circuit court having jurisdiction, and such circuit
court judgment entry and order shall be deemed to have fully complied
with all provisions of law relating to such extensions. (L. 1978 H.B.
1599 § 1, A.L. 1994 S.B. 600, A.L. 2005 H.B. 58 merged with H.B. 563
merged with S.B. 355)
Effective 7-06-05 (H.B. 563) 7-07-05 (S.B. 355) 8-28-05 (H.B. 58)
Subdrainage and levee districts may be formed of lands in main
districts organized in Missouri under any existing or future law, by the
owners thereof for the purpose of obtaining and providing local or more
complete drainage and protection for such lands; such subdistricts to be
formed and administered in the same manner as is provided by statute for
the formation and administration of main districts; provided, that lands
in main districts may be united with swamp or overflowed lands, either
within or without other districts in the formation of new districts for
the purpose of securing more complete relief or protection for land.
(RSMo 1939 § 12473)
Prior revisions: 1929 § 10883; 1919 § 4578
That it is understood that the ordinary fee statute does not
apply to services rendered by any county or township officer or witness
in the organization, incorporation or administration of any drainage or
levee districts heretofore organized, in process of organization at the
time of passage of this section, or that hereafter may be organized under
any general or special law of Missouri permitting the organization of
drainage or levee districts, but that such officer or witness, except as
is otherwise provided for in sections 246.030 to 246.050, shall receive
only a reasonable compensation to be fixed by the courts for services
actually rendered, that petitioners for formation or incorporation of
drainage and levee districts and the officers of such districts after the
same have been organized may prepare, write or print all copies of
petitions, writs, orders and decrees of courts and other papers
pertaining to such districts and furnish the same to the county and
circuit clerks or other officers for their use, and in such event such
officer shall be entitled to only a reasonable compensation for services
actually rendered the districts in issuing such writs and copies of
decrees, orders or other papers. (RSMo 1939 § 12468)
Prior revisions: 1929 § 10878; 1919 § 4573
The county and circuit clerks, except as limited in section
246.020 and otherwise specified in statutes governing the organization
and administration of drainage and levee districts, shall receive (in
addition to the fees and deputy hire allowed by law) for filing each
paper relating to a drainage or levee district, five cents; for issuing
each subpoena, summons or notice, and for approving and filing each bond,
twenty-five cents; for recording or copying each one hundred words and
numbers, eight cents, any number consisting of more than three figures to
be considered as two numbers. The fees of the sheriffs and witnesses
shall be the same as allowed in section 246.020. (RSMo 1939 § 12469)
Prior revisions: 1929 § 10879; 1919 § 4574
County treasurers for receiving, receipting for, preserving and
paying out funds of drainage and levee districts, shall receive one
percent of sums paid out. (RSMo 1939 § 12471)
Prior revisions: 1929 § 10881; 1919 § 45764
The law of this state, under which county warrants are issued,
sold, transferred, assigned, presented for payment, and paid, shall apply
to all warrants issued by any drainage or levee districts in Missouri
organized under any existing, special or future law of this state. (RSMo
1939 § 12474)
Prior revisions: 1929 § 10884; 1919 § 4579
1. Whenever any lands within a levee or drainage district
organized under the laws of this state are so situated that subsequent
improvements constructed within the district either by the district or by
some other agency partially or wholly nullify the benefits accruing from
improvements previously constructed by the district and for which
benefits were assessed against the lands, the owner or owners may file a
petition with the clerk of the court or county commission by which the
district was organized setting out such facts with particularity and
requesting that the benefits assessed against the lands for such
previously constructed improvements be reduced for the purpose of making
a more equitable basis for the levy of the maintenance tax, or that they
be canceled. In districts organized in the circuit court, the circuit
clerk shall cause notice of the filing and hearing of the petition to
reduce or cancel the assessed benefits to be served upon the president
and secretary of the district at least thirty days prior to the hearing
date. In districts organized in the county commission, the county
commission, in its discretion, may order that notice of the filing and
hearing of the petition be given to persons interested in the lands and
property included within the district by publication or otherwise.
2. Upon hearing of the petition the court or county commission may reduce
or cancel the assessed benefits or may deny the petition as it deems
just. All costs of the hearing shall be borne by the petitioners whether
they be successful or not. If the court or commission reduces or cancels
the benefits assessed against the lands, thereafter the annual
maintenance tax which may be levied shall apply to the benefits as
reduced or canceled.
3. No assessed benefits shall be reduced or canceled under the provisions
of this section while the district has outstanding bond obligations. (L.
1959 S.B. 213 § 1)
When any lands, included in a drainage district or levee
district organized under the laws of this state, are now or hereafter
divided into lots in an incorporated city, town, or village, the county
commission in the case of a county commission district organization, or
the circuit court in which a district was organized in the case of a
circuit court district organization, if in the opinion of said court or
county commission the expense of extending and collecting the taxes
levied on said lots make such extension and collection uneconomical, may
by order of record cancel the benefits assessed against said lands, so
that after such cancellation said lands will not be liable for drainage
or levee taxes in such district; provided, however, no such benefits
shall be canceled while the district has outstanding unpaid bond
obligations; provided, however, this section shall not be applicable to a
drainage or levee district organized and existing wholly within a city or
town of this state. (L. 1959 S.B. 187 § 1)
1. Whenever authorized by the owners of two-thirds of the
acreage in any drainage or levee district heretofore or hereafter
organized or reorganized under any of the drainage or levee laws of this
state at a meeting called for the purpose and in the manner set out in
section 246.090, by ballot wherein each acre owner shall be entitled to
one vote, the board of supervisors may issue tax anticipation warrants
bearing not to exceed six percent interest per annum, which shall be
payable from one to not exceeding four years from date of issuance, both
interest and principal payable out of the maintenance fund of the
district.
*2. In addition to the procedure provided in subsection 1 of this
section, the board of supervisors of a levee or drainage district in a
county which has been declared a disaster area by declaration of the
President of the United States during 1993 or 1995, may elect to issue
tax anticipation notes following a public meeting for which notice has
been given of at least two weeks in a newspaper meeting the requirements
of subsection 2 of section 246.090, and after vote of the landowners of
the district. Notwithstanding the provisions of subsection 2 of section
246.090 to the contrary, the board may issue the notes following a vote
of at least two-thirds of the votes cast by landowners present at the
public meeting in favor of issuing the notes. The notes may be issued by
the board bearing an interest rate not to exceed six percent per annum,
which shall be payable from one to not more than four years from the date
of issuance.
*3. In addition to the procedures provided in subsections 1 and 2 of this
section, the board of supervisors of any levee or drainage district in a
county in this state which has been declared a disaster area by
declaration of the President of the United States during 1993 or 1995,
may upon a vote of the majority of the members of the board at a public
meeting of which public notice has been given of at least two weeks,
borrow funds for the use of the district and may issue negotiable notes
in evidence thereof, payable out of anticipated revenues to be derived
from assessments, benefits or other levee or drainage district revenues,
for any year or immediately following year in which the notes are issued.
The notes may be issued at any time and from time to time, and shall be
issued according to law unless otherwise provided in this section. Notes
issued pursuant to this subsection shall be issued by the board bearing
an interest rate not to exceed six percent per annum, which shall be
payable from one year from the date of issuance. A separate note shall be
issued to evidence the borrowing for the benefit of the district and, if
applicable, any funds of the district. All revenues raised by levee
districts or drainage districts shall not be considered as taxes pursuant
to the laws of this state.
4. Notwithstanding the provisions of section 246.080 or other statutory
provisions regarding the issuance of tax anticipation notes to the
contrary, the aggregate outstanding principal amount of the notes issued
under the provisions of subsection 2 or 3 of this section in any period
subject to this section for the use of the levee or drainage district may
be up to but shall not exceed the amount necessary to repair levees
damaged by a natural disaster that occurred in 1993 or 1995, including
but not limited to the amount necessary to secure federal matching funds
for the levee or drainage district. No amount of tax anticipation notes
issued by a levee or drainage district shall be included in any debt
ceiling computation required by current law except that the district may
not issue more than the amount necessary to repair levees damaged by a
natural disaster that occurred in 1993 or 1995, including but not limited
to the amount necessary to secure federal matching funds for the levee or
drainage district.
5. The clerk or secretary of the board, or if none, the presiding officer
of the board, shall certify on the back of each note that the note is
issued pursuant to authority granted in this section, and list the
aggregate principal amount of all prior notes issued against the district
which are unpaid at the date of the note's issuance.
6. Authority to issue notes pursuant to subsection 2 or 3 of this section
shall terminate January 1, 1998. (RSMo 1939 § 12613, A.L. 1953 p. 541,
A.L. 1993 1st Ex. Sess. S.B. 3, A.L. 1996 S.B. 671)
Prior revision: 1929 § 11024
Effective 2-13-96
*Authority to issue notes terminates 1-1-98.
Tax anticipation warrants may be issued and sold or exchanged
for or in payment of machinery, draglines, equipment or work used in
maintenance and chargeable to maintenance; provided, that in no event
shall the tax anticipation warrants so issued, together with interest
thereon, exceed two and one-half percent of the assessed benefits for any
year falling due. (RSMo 1939 § 12614)
Prior revision: 1929 § 11025
1. Whenever the board of supervisors at a regular or special
meeting deems it expedient and necessary for the best interest of the
district that tax anticipation warrants be issued for the purposes stated
in section 246.080, they shall enter in the minutes of the meeting an
order setting forth the expediency and necessity directing the secretary
to draw up a notice which shall be substantially in the following form:
Notice to landowners in ......... drainage district. All landowners in
......... drainage district are hereby notified that a meeting of such
will be held on the ......... day of ........., 20...., .... o'clock, at
......... for the purpose of voting on the proposition of authorizing the
board of supervisors to issue tax anticipation warrants, bearing
......... percent interest. The warrants to be used for the purpose of
......... for ......... dollars, payable as follows: .......... By order
of the board of supervisors.
.....................
Secretary.
2. The secretary shall cause the notice to be published by three weekly
insertions in some newspaper in the county containing the district or the
greatest portion thereof, or in some adjoining county if none in
containing county, the last insertion to be not less than ten days before
the date set. The publisher shall file proof of publication with the
secretary before the day set for meeting. Upon filing of the proof by the
secretary, the notice shall be conclusively deemed sufficient and legal
notice of publication thereof. At the day set each landowner may cast one
vote for each acre or fraction thereof owned by him for or against the
proposition of issuing the warrants as set out in the notice. If
two-thirds of the acres in the district are voted for the proposition,
then the tellers shall so certify to the board, and the board shall make
an order to the secretary to duly enter the results in the records of the
district. Thereafter the board shall proceed to issue the authorized tax
anticipation warrants as authorized. (RSMo 1939 § 12615, A.L. 1961 p. 463)
Prior revision: 1929 § 11026
The board shall issue the tax anticipation warrants as
authorized by order of the board, setting out the amounts, denomination,
numbers, interest rate, the proceedings authorizing its action and
embodying therein the amounts falling due each year, together with
interest thereon. (RSMo 1939 § 12616)
Prior revision: 1929 § 11027
Upon making of the order provided for in section 246.100, it
shall be the duty of the secretary to have printed tax anticipation
warrants, with an interest coupon attached for each year same shall run,
which shall be in the following form:
TAX ANTICIPATION WARRANT. $ ..... ..... district No. ..... ..... County
..... state of Missouri, Issued ..... Due ..... . The treasurer of .....
district will pay at maturity, of the sum of ..... dollars and will pay
at maturity of attached interest coupons, the amount of interest called
for thereon, to ..... or the legal holder hereof, out of the maintenance
fund of the district, upon due and proper endorsement and presentment.
(Seal) ............. district.
.......................
President. .....................
Secretary.
.................................................................
Interest Interest Coupon No. ............... $...........
Tax anticipation warrant No. ..... Principal amount $ .......... issued
..........., 19.... . Interest coupon due ........, 19 ..., at rate of
...... percent.
The treasurer of ...... district will pay to ...... or the legal holder
of the tax anticipation warrant, upon due endorsement and presentment of
this coupon, the sum of ...... dollars, out of the maintenance fund of
the district. (Seal) ............ district.
......................
President. .....................
Secretary. (RSMo 1939 § 12617)
Prior revision: 1929 § 11028
Said tax anticipation warrants shall be delivered to the payee
or payees for the purposes enumerated herein, by an order of the board,
in total or in part as necessary, and an appropriate record thereof kept
by the secretary and a duly certified copy thereof by him delivered to
the treasurer, who shall pay without further order of the board, upon due
endorsement and presentment by the record holder thereof or said holder's
legal transferee upon satisfactory proof being made to the treasurer
thereof the said tax anticipation warrants and interest coupons as due,
out of any maintenance fund of the district; provided, that in the event
there is not sufficient funds to pay all or a part of such tax
anticipation warrants and interest coupons upon presentment, and
treasurer shall so note and said indebtedness shall bear interest at the
rate of six percent per annum from time of such presentment and notation
until paid. (RSMo 1939 § 12618)
Prior revision: 1929 § 11029
It shall be the duty of the board to levy a maintenance tax each
year sufficient to pay such tax anticipation warrants and interest
thereon, and an additional ten percent for emergencies and delinquent
collections, in addition to the regular maintenance tax. All such levies
shall be extended and collected as by law provided for the levy and
collection of maintenance taxes. (RSMo 1939 § 12619, A.L. 1994 S.B. 633)
Prior revision: 1929 § 11030
Effective 7-12-94
1. Drainage or levee districts heretofore or hereafter
incorporated under any of the drainage or levee laws of this state where
lands are offered for sale for their own taxes or assessments due
thereon, shall be and are hereby authorized to buy such lands at not to
exceed the amount of such taxes, assessments, interest, penalties and
costs. If such bid is the highest bid, the sheriff shall convey such
lands to such district and they shall thereupon become the property of
such district and may be held, disposed of, sold or conveyed by such
district at such price and on such terms as may be determined by it to be
to the best interest of such district, either free from or subject to all
taxes or assessments or any part thereof due such district at the time of
such resale; but such lands shall remain subject to all drainage or levee
taxes, assessments or installments thereof becoming due after such
resale; and the terms of resale may include the postponing by such
district of one or more of the subsequent installments of the tax or
assessment for such time, as may be agreed upon not exceeding three
years; provided, however, that nothing herein contained shall be
construed as in any manner, enlarging or extending the now existing
powers of any district to levy or assess any additional tax or assessment
upon lands and other property situate in any such district by reason of
the release of or postponement of any taxes or assessments upon any lands
or other property sold for delinquent taxes or assessments.
2. Deeds or other conveyances made by such district shall be in such form
and executed by such officers and in such manner as shall be determined
by the governing body of such district.
3. Where the same land is subject to the lien of taxes or assessments of
more than one district, such lands may, by agreement between such
districts, be purchased at foreclosure sale by any such district in trust
for all such districts. The interest of each district in lands purchased
pursuant to such agreement, shall be at any given time in proportion to
the total of the taxes or assessments due the respective districts at
such time; provided, however, that the rights of any district failing,
refusing or neglecting to enter into such agreement shall be determined
and fixed by the district or districts entering such agreement or
purchasing such lands; provided, however, that no district shall have
power to make any expenditures or disbursements of any kind or character
under the provisions of sections 246.140 to 246.170 out of any
maintenance fund of such district. (RSMo 1939 § 12609)
Prior revision: 1929 § 11020
Any lands sold for delinquent state, county, school, road or
other general taxes shall remain subject to any taxes, assessments or
installments thereof, thereafter to become due to any levee or drainage
district for years subsequent to the year for which such general taxes
were delinquent and to satisfy which the lands were sold. (RSMo 1939 §
12610)
Prior revision: 1929 § 11021
1. The board of supervisors of any drainage or levee district
heretofore organized or that may be hereafter organized in any circuit
court or the county commission of any drainage or levee district
heretofore organized or that may be hereafter organized in any county
commission of this state, whether said original district has been
reorganized in whole or in part, or whether said district in whole or in
part has elected to be reorganized under sections 242.010 to 242.690,
RSMo, or the board of directors of any district organized or reorganized
under sections 245.285 to 245.545, RSMo, whenever in the judgment of such
board or court or county commission, as the case may be, it is advisable
and for the best interest of the landowners of any such district, may,
unless a majority of the owners owning a majority of the acres of land
within said district shall, at the hearing herein provided for, object to
said proceedings, from time to time as may be necessary, to refund all or
any part of its bond indebtedness by taking up and exchanging such of its
outstanding bonds as the holders thereof may be willing to surrender, and
issue in lieu thereof new bonds of such district payable at such longer
time, not exceeding forty years from their date, as such district may
determine and the holders of the outstanding bonds are willing to accept.
2. Such refunding bonds shall not exceed in the aggregate the amount of
bonds refunded thereby and they shall bear interest at a rate not
exceeding the same rate as the bonds refunded, which interest shall be
payable semiannually and said refunding bonds when issued may be
exchanged for the outstanding bonds, if the holders thereof so agree, or
said refunding bonds may be sold for not less than ninety-five cents on
the dollar and accrued interest, and the proceeds of the sale of said
bonds shall be used solely in the payment of the outstanding bonds and
the cost, expense and discount incident to the issuing of such refunding
bonds.
3. In the event refunding bonds are issued, any landowner shall have the
right at any time within two weeks after the order providing for their
issue is made in which to pay the full amount of uncollected principal
tax or assessment chargeable to his land for the payment of bonds
proposed to be refunded and his lands shall thereby be released from the
tax or assessment for the payment of the refunding bonds, but shall
remain subject to additional taxes, if any, that may be levied by such
district pursuant to law. Unless and until refunding bonds shall have
been authorized and issued, the rate of tax or assessment or amount of
assessment applicable to the bonds to be refunded shall not be reduced.
4. Notice shall be given by such board or court or county commission to
the landowners, persons and corporations owning any interest in any lands
or other property assessed in said district of its intention to refund
said bonds by inserting a notice in a weekly newspaper published in each
county in which the lands in said district may lie; there shall be two
insertions of said notice in said weekly paper or papers, the last
insertion to be not less than five days prior to the hearing; such
hearing to be held before such board or court or county commission, as
the case may be, at such convenient place as may be designated by such
board or court or county commission.
5. The notice to all parties interested will be sufficient if
substantially in the following form:
All persons or corporations interested in lands or other property lying
in ......... district, take notice.
That ......... district desires to refund all or part of its outstanding
bonded indebtedness and that at ......... in the city of ......... on the
......... day of ........., 19...., any landowner or other person or
corporation having an interest in any land or property in said district
may appear before the board of trustees (or supervisors or directors, as
the case may be) of said district (or before the county commission of
......... County, as the case may be), and show any cause why said
refunding should not be done, and you are further notified that if a
majority of the owners owning a majority of the acres of land in said
district object to such refunding, the said refunding shall be abandoned.
You will further take notice that unless such refunding shall be
abandoned, any landowner will have the right at any time within two weeks
after the making of the order providing for the issuing of refunding
bonds by said board or court or commission, if any such order be made
within which to pay the full amount of uncollected principal tax or
assessment chargeable to his land or any tract thereof for the payment of
bonds proposed to be refunded, and any tract on which such tax or
assessment shall be paid will be released from any tax or assessment for
the payment of such refunding bonds, but shall remain subject to
additional taxes, if any, that may be levied by such district pursuant to
law. Of which you will take due notice and govern yourselves accordingly.
...............
...............
6. When the bonds of any such district are refunded pursuant to the
authority hereby conferred, the collection of the corresponding
installment of taxes or assessments for the payment of the original bonds
shall be deferred for a like period. It shall be the duty of the district
issuing such refunding bonds to make proper provisions for their payment
in like manner as is required in the case of the issuance of original
bonds by the act under which such district is or shall be incorporated,
and the holder of such refunding bonds shall have the same rights as are
given the holders of bonds under the act or acts under which such
districts are respectively incorporated. Any landowner failing to avail
himself of the privilege conferred by this section of paying in full the
unpaid principal tax or assessment against his land shall not be heard to
complain by reason of additional interest to be collected from his lands
by reason of the extension of the bonds. Taxes or assessments levied for
the payment of refunding bonds shall be secured by the same lien as other
taxes of such district.
7. No proceedings shall be required for the issuance of refunding bonds
other than those provided by this section and all powers necessary to be
exercised by such district in order to carry out the provisions of this
section are hereby conferred upon such districts. The powers conferred by
this section may be exercised by any drainage or levee district
heretofore or hereafter organized under any law in this state and shall
apply to bonds of such districts whether heretofore or hereafter issued;
provided further, that in the event any district shall avail itself of
the provisions of this section and desires to issue refunding bonds
extending beyond the charter life of said district, the issuing of said
bonds shall automatically extend the charter life of such district for a
period of twenty years beyond the date of the last maturing refunding
bond so issued. (RSMo 1939 § 12611, A.L. 1945 p. 849)
Prior revision: 1929 § 11022
1. Any drainage or levee district organized under any law of
this state may invest any funds not immediately needed for the purpose
for which the money was received in the following:
(1) Bonds, notes or certificates of indebtedness which are direct
obligations of the United States or bonds or other indebtedness, the
principal and interest of which are unconditionally guaranteed by the
United States;
(2) Accounts of any savings and loan association organized under the laws
of this state or another state, or the United States, which holds a
certificate of insurance from the Federal Savings and Loan Insurance
Corporation;
(3) Savings accounts and time deposits, including time certificates of
deposit in any banking institution which holds a certificate of insurance
from the Federal Deposit Insurance Corporation.
2. If a deposit in a savings and loan association or a banking
institution is greater than the amount covered by the insurance provided
for the account by the Federal Savings and Loan Insurance Corporation or
the Federal Deposit Insurance Corporation, as the case may be, that
portion of the deposit in excess of the amount covered by insurance shall
be secured as provided by the provisions of sections 110.010 and 110.020,
RSMo. (L. 1971 H.B. 139 § 1)
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
All drainage and levee districts heretofore or that may be
hereafter organized under any law of this state are hereby authorized and
empowered to do each and every act necessary to be by them performed in
order to comply with or avail themselves of the provisions of any
legislation now enacted or that may be hereafter enacted by the Congress
of the United States of America, having for its purpose the refunding or
extending the time of payment of the bonded indebtedness of any drainage
or levee district or otherwise lightening the present burdens of taxation
resting on the lands and property in such districts. (RSMo 1939 § 12612)
Prior revision: 1929 § 11023
The performance of all duties prescribed in any existing, or
future law of this state governing the organization and administration of
drainage or levee districts may be enforced by mandamus at the instance
of any person or corporation interested in any way in any such district.
(RSMo 1939 § 12475)
Prior revisions: 1929 § 10885; 1919 § 4580
In all proceedings for the formation and administration of
drainage and levee districts in Missouri under the provisions of any
existing, future or special statute, the court shall appoint some
reputable attorney as guardian ad litem to represent all infants and
incapacitated persons interested in the organization or administration of
such district. In case the interests of such infants or incapacitated
persons shall appear to the court to be adverse to each other, then and
in such case the court shall appoint as many different persons as
guardians ad litem as the circumstances of the case may require. The
persons so appointed shall appear for and represent their wards in all
matters connected with the proceedings, and shall be paid such sum as the
court may fix upon, out of the moneys in the funds of the districts, for
their services. (RSMo 1939 § 12472, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 10882; 1919 § 4577
1. No person, corporation, county commission or other municipal
corporation shall be permitted to sink, set, or drive any posts, pillars
or piling in any of the ditches, drains or watercourses constructed by
any district organized under the laws of this state for the purpose of
erecting any bridge, trestle or covering over or across any such ditch,
drain or watercourse. All supports for any such bridges, coverings or
trestles shall be erected or placed on the banks of such ditches, drains
or watercourses so as not to obstruct the flow of the water therein.
2. Any person, corporation, member of the county commission or municipal
corporation violating the provisions of this section shall be deemed
guilty of a misdemeanor, and upon conviction shall pay a fine of not less
than five dollars nor more then one thousand dollars, and if such
violation as the conviction is for shall not be abated by the party so
convicted within thirty days after such conviction, then the continuance
of such obstruction or other violation of the provisions of this section
after said period of thirty days shall for each and every day the same is
continued constitute a separate offense, for which, on conviction
thereof, the party so offending shall be punished by a fine of
twenty-five dollars. (RSMo 1939 12441, 12444, A. 1949 S.B. 1086)
Prior revisions: 1929 §§ 10851, 10854; 1919 §§ 4518, 4521; 1909 §§ 5624,
5630
Nothing in sections 246.200 to 246.230 shall be construed so as
to prevent the construction of water gates across drainage ditches,
provided the same are built in such manner as not to retard the flow of
water through the ditches nor in any way impair the usefulness of such
ditches. (RSMo 1939 § 12608)
Prior revisions: 1929 § 11019; 1919 § 4711
1. Any county, city, town or village in this state may construct
and operate a county or municipal levee system to protect the roads,
streets and public facilities of such county, city, town or village, and
to protect the life, safety and property of the residents of the county,
city, town or village from damage and injury due to flood waters. Such a
county, city, town or village may acquire property, rights-of-way and
easements within the county, city, town or village through its power of
eminent domain for the purpose of constructing, operating, repairing or
maintaining levees, access roads and pumping sites, and acquiring
suitable barrow* and dredge material disposal areas for the county or
municipal levee system.
2. Notwithstanding the provisions of subsection 1 of this section to the
contrary, any city wholly contained in a county of the first
classification without a charter form of government which contains a
campus of the University of Missouri may exercise the powers provided in
this section within ten miles of such city.
3. Pursuant to section 70.220, RSMo, any city, town or village which
constructs or operates a municipal levee system or any county may enter
into contracts or agreements with or cooperate with other political
subdivisions, or with any agency of the state or federal government, for
the purpose of the construction, operation, repair or maintenance of such
levee system.
4. Public improvement, as used in section 71.290, RSMo, shall include a
municipal levee system, as described in this section, and as such, any
city, town or village may pay for the cost of acquiring property,
rights-of-way and easement through condemnation or otherwise, and may pay
for the cost of the labor and materials used in the construction,
operation, repair and maintenance of such a municipal levee system out of
its general revenue. In addition, construction and operation of a
municipal levee system is a city purpose, as described in section 26(c)
of article VI of the state constitution, and any such city, town or
village may issue general obligation bonds for the purposes described in
this section, subject to the provisions of law governing the issuance of
municipal general obligation bonds. (L. 1993 1st Ex. Sess. S.B. 3 § 1)
Effective 9-30-93
*Word "borrow" appears in original rolls.
The governing body of any county may designate and establish a
public levee district within the county, if the governing body has
received a petition signed by a majority of landowners within the
proposed public levee district requesting the establishment of such a
district. Any such public levee district shall have no powers of
taxation. Once a public levee district is established and duly created by
a majority vote of the governing body of the county, the governing body,
on behalf of the public levee district, may receive and expend moneys for
the purposes of repair and maintenance of the public levee district's
levee and related appurtenances and such governing body shall have the
powers of a levee district board of directors specified in sections
245.285 to 245.545, RSMo, other than the power of taxation specified in
section 245.445, RSMo. The governing body of the county having
established a public levee district pursuant to this section shall be
considered the district's governmental sponsor. (L. 1993 1st Ex. Sess.
S.B. 3 § 2)
Effective 9-30-93
1. The governing body of any political subdivision of this state
located in a county which has been declared a major disaster area as
provided in section 140.015, RSMo, may, upon a vote of the majority of
the members of the governing body, borrow money in anticipation of the
collection of taxes and revenues for the current year or immediately
following year. The amount of such loans shall at no time exceed the
amount of revenue required to meet the estimated revenue requirements
placed on such political subdivision as a result of the provisions of
section 140.015, RSMo. The governing body of such political subdivision,
in accordance with this section, shall determine the amount and terms of
such loans and of the terms of the political subdivision's obligation to
repay the loan, but the payment of interest on such loan shall not exceed
six percent per annum, and shall be payable within one year from the date
of issuance.
2. The clerk or secretary of the governing body, or if none the presiding
officer of the governing body, shall certify on the back of each note
that the note is issued pursuant to authority granted in this section.
All notes issued under this section shall be registered, without fee, in
the office of the county treasurer of the county where the political
subdivision lies. Upon payment and cancellation, the notes shall be
submitted to the county treasurer who shall record the date of payment
and cancellation in the record of registry.
3. The provisions of this section shall not apply to political
subdivisions which, under the provisions of law existing prior to
September 30, 1993, are authorized to borrow money in anticipation of the
collection of taxes and revenues. (L. 1993 1st Ex. Sess. S.B. 3 § 3)
Effective 9-30-93
Any district formed pursuant to the laws of this state shall
have authority to cooperate with other entities, public and private, in
the development of bikeways and bike trails; provided, however, that no
power of condemnation of land shall be used by the district for the
purpose of bike trails. (L. 1994 S.B. 633)
Effective 7-12-94
In all places where a state highway has been located which
crosses any levee constructed pursuant to chapter 245, RSMo, and which is
in use as a state highway before the levee is built, approaches shall be
built for a roadway on each side of the levee to accommodate travel by
the levee district. The roadway shall be reconstructed and repaved by the
state highway department. (L. 1994 S.B. 633)
Effective 7-12-94
In any levee district formed pursuant to the laws of this state
having an assessed valuation of forty million dollars or greater, which
is located in whole or in part in a county having over nine hundred
thousand in population according to the last decennial census, owners of
property in whole or in part within the levee district who are corporate,
partnership, joint venture, or any other form of ownership other than
individual ownership, may delegate through procedure allowed pursuant to
corporate form as provided by the laws of this state an individual to
exercise representation and voting on behalf of the corporate entity in
matters requiring public vote involving the levee district. For purposes
of levee districts organized pursuant to the laws of this state, any
individual so recognized by the corporate form as having the
responsibilities of representing the corporate landowner before the board
of supervisors of the levee district shall in all respects be treated by
laws of this state as the owner of the property, and shall be entitled to
all benefits and privileges allowed by law, including serving on the
board of supervisors if so elected, as are contained in the laws of this
state. (L. 1994 S.B. 633, A.L. 1995 S.B. 214)
Effective 2-8-95
1. In any levee district formed pursuant to the laws of this
state having assessed valuation of real property of twenty-five million
dollars or greater, which is located in whole or in part in a county with
a charter form of government and with more than one million inhabitants
according to the last decennial census, the board of supervisors may by
order, resolution or ordinance, following a public hearing thereon called
upon notice as provided in section 245.060, RSMo, adopt the following
alternative procedure with respect to voting rights: voting by landowners
of the levee district shall be determined on the basis of the assessed
benefits of the property owned and the owner of each piece of property
shall receive one vote per ten thousand dollars of assessed benefits,
rounded to the next lowest amount in cases where assessed benefits do not
evenly tally. In cases where the assessed benefits of a piece of property
are below ten thousand dollars, the owner shall be entitled to one vote.
2. In any levee district formed under the laws of this state, the board
of supervisors may, by order, resolution, or ordinance, following a
public hearing thereon called upon notice as provided in section 245.060,
RSMo, adopt the procedure in this subsection with respect to the
apportionment of installment taxes. After the making of a readjustment of
the assessment of benefits pursuant to section 245.197, RSMo, then the
board of supervisors shall reapportion and levy on each tract of land or
other property in the district the taxes imposed under section 245.180,
245.190 or 245.198, RSMo, in proportion to the benefits assessed as
readjusted and not in excess thereof. In case bonds have been issued as
provided in sections 245.010 to 245.280, RSMo, then the amount of
interest which will accrue on such bonds shall be included and added to
said taxes as reapportioned and levied based upon the benefits assessed
as readjusted. The secretary of the board of supervisors, as soon as said
tax has been reapportioned, shall, at the expense of the district,
prepare a list of all taxes as reapportioned and levied, in the form of a
well-bound book, which book shall be endorsed and named "Readjusted Levee
Tax Record of .......... District ...........", which endorsement shall
also be printed or written at the top of each page of 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 the secretary. The
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, 245.190 or 245.198, RSMo, based upon such
reapportionment, which shall in all other respects be due and collected
as provided in section 245.185, RSMo. (L. 1994 S.B. 633, A.L. 1996 S.B.
845, A.L. 2004 H.B. 795, et al. merged with H.B. 1207)
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