Missouri Statute | Act | Code |Lands, Levees, Drainage, Sewers And Public Water Supply| US Code - US Statute | Chapter 247 Public Water Supply Districts

Sections 247.010 to 247.220 are intended to make possible,
through public corporations, conveniences in the use of water, ample in
quantity for all needful purposes and pure and wholesome in quality,
furnished from common sources of supply to many inhabitants of our state
now denied such privileges; and thereby promote public health and
sanitation, make available conveniences not otherwise possible, and for
the general public welfare. (RSMo 1939 § 12620, A.L. 1941 p. 353, A.L.
1945 p. 846)

The districts to be formed under sections 247.010 to 247.220
shall be known as public water supply districts of the counties in which
districts are located, and shall be political corporations of the state
of Missouri. Each district shall carry with it a number, which shall not
be the same as any existing district of the county, and, when
incorporated and organized as herein provided, shall have and be invested
with all the powers conferred upon them by the provisions of sections
247.010 to 247.220 and no other. (RSMo 1939 § 12621)

1. Territory that may be included in a district sought to be
incorporated or enlarged may be wholly within one or in more than one
county, may take in school districts or parts thereof, and cities that do
not have a waterworks system or cities whose governing body has by a
majority vote requested that the city or part thereof be included within
the boundaries of a public water supply district. For the purpose of this
section, "city" means any city, town or village. The territory, however,
shall be contiguous, and proceedings to incorporate shall be in the
circuit court of the county in which the largest acreage is located. No
two districts shall overlap.

2. Any two or more contiguous districts or any city and a contiguous
district may, if there are no outstanding general obligation bonds
relating to drinking water supply projects in either entity, by a
majority vote of the governing body of each entity, provide for territory
located in one entity to be annexed and served by the entity contiguous
to the annexed territory. Notice of the proposed annexation shall be
filed with the circuit court that originally issued the decree of
incorporation for a district which is detaching territory through the
proposed annexation or with the circuit court that originally issued the
decree of incorporation for a district which is including a city or part
thereof through the proposed annexation. The court shall set a date for a
hearing on the proposed annexation and shall cause notice to be published
in the same manner as for the filing of the original petition for
incorporation; except that publication of notice shall not be required if
a majority of the landowners in the territory proposed to be annexed
consent in writing, and if notice of the hearing is posted in three
public places within the territory proposed to be annexed at least seven
days before the date of the hearing. If publication of the notice is not
required pursuant to this section, the court shall only approve the
proposed annexation if there is sworn testimony by at least five
landowners in the area of the proposed annexation, or a majority of the
landowners, if there are fewer than ten landowners in the area. If the
court, after the hearing, finds that the proposed annexation would not be
in the public interest, it shall order that the annexation not be
allowed. If the court finds the proposed annexation to be in the public
interest, it shall approve the annexation and the territory shall be
detached from the one entity and annexed to the other. After the
annexation is approved, the circuit court in which each district involved
in the proceedings was incorporated shall amend the decree of
incorporation for each district to reflect the change in the boundaries
as a result of the annexation and redivide each district into five
subdistricts, fixing their boundary lines so that each of the five
subdistricts have approximately the same area. A certified copy of the
amended decree showing the boundary change and the new subdistricts shall
be filed in the office of the recorder of deeds and in the office of the
county clerk in each county having territory in the district and in the
office of the secretary of state of the state of Missouri.

3. The boundaries of any district may be extended or enlarged from time
to time upon the filing, with the clerk of the circuit court having
jurisdiction, of a petition by either:

(1) The board of directors of the district and five or more voters or
landowners within the territory proposed to be annexed by the district; or

(2) The board of directors of the district and a majority of the
landowners within the territory proposed to be annexed to the district.

If the petition is filed by the board of directors of the district and
five or more voters or landowners within the territory proposed to be
annexed by the district, the same proceedings shall be followed as are
provided in section 247.040 for the filing of a petition for the
organization of the district, except that no election shall be held. Upon
entry of a final order declaring the court's decree of annexation to be
final and conclusive, the court shall modify or rearrange the boundary
lines of the subdistricts as may be necessary or advisable. If the
petition is filed by the board of directors of the district and a
majority of the landowners within the territory proposed to be annexed,
the publication of notice shall not be required, provided notice is
posted in three public places within the territory proposed to be annexed
at least seven days before the date of the hearing and provided that
there is sworn testimony by at least five landowners in the territory
proposed to be annexed, or a majority of the landowners if the total
landowners in the area are fewer than ten. If the court finds that the
annexation of such territory would be in the public interest, the court
shall enter its order granting such annexation. Upon the entry of such
order, the court shall modify or rearrange the boundary lines of the
subdistricts as may be necessary or advisable. The costs incurred in the
enlargement or extension of the district shall be taxed to the district,
if the district be enlarged or extended, otherwise against the
petitioners; provided, however, that no costs shall be taxed to the
directors of the district.

4. Should any landowner who owns real estate that abuts upon a district
once formed desire to have such real estate incorporated in the district,
the landowner shall first petition the board of directors thereof for its
approval. If such approval be granted, the clerk of the board shall
endorse a certificate of the fact of approval by the board upon the
petition. The petition so endorsed shall be filed with the clerk of the
circuit court in which the district is incorporated. It shall then be the
duty of the court to amend the boundaries of such district by a decree
incorporating the real estate in the same. A certified copy of this
decree including the real estate in the district shall then be filed in
the office of the recorder and in the office of the county clerk of the
county in which the real estate is located, and in the office of the
secretary of state. The costs of this proceeding shall be borne by the
petitioning property owner. (RSMo 1939 § 12622, A.L. 1976 H.B. 1386, A.L.
1995 H.B. 88, A.L. 1999 H.B. 450 merged with S.B. 160 & 82, A.L. 2002
S.B. 984 & 985)

1. Territory included in a district that is not being served by
such district may be detached from such district provided that there are
no outstanding general obligation or special obligation bonds and no
contractual obligations of greater than twenty-five thousand dollars for
debt that pertains to infrastructure, fixed assets or obligations for the
purchase of water. If any such bonds or debt is outstanding, and the
written consent of the holders of such bonds or the creditors to such
debt is obtained, then such territory may be detached in spite of the
existence of such bonds or debt, except such consent shall not be
required for special obligation bonds if the district has no water lines
or other facilities located within any of the territory detached.
Detachment may be made by the filing of a petition with the circuit court
in which the district was incorporated. The petition shall contain a
description of the tract to be detached and a statement that the
detachment is in the best interest of the district or the inhabitants and
property owners of the territory to be detached, together with the facts
supporting such allegation. The petition may be submitted by the district
acting through its board of directors, in which case the petition shall
be signed by a majority of the board of directors of the district. The
petition may also be submitted by voters residing in or by landowners
owning land in the territory sought to be detached. If there are more
than ten voters and landowners in such territory, the petition shall be
signed by five or more voters or landowners within the territory; if
there are less than ten voters and landowners within such territory, the
petition shall be signed by fifty percent or more of the voters and
landowners within the territory. In the event there are no voters living
within such territory proposed to be detached, then the petition may be
submitted by owners of more than fifty percent of the land in the
territory proposed to be detached, in which case said petition shall be
signed by the owners so submitting the petition.

2. Such petition shall be filed in the circuit court having jurisdiction
and the court shall set a date for hearing on the proposed detachment and
the clerk shall give notice thereof in three consecutive issues of a
weekly newspaper in each county in which any portion of the territory
proposed to be detached lies, or in lieu thereof, in twenty consecutive
issues of a daily newspaper in each county in which any portion of the
tract proposed to be detached lies; the last insertion of the notice to
be made not less than seven nor more than twenty-one days before the
hearing. Such notice shall be substantially as follows: IN THE CIRCUIT
COURT OF ........... COUNTY, MISSOURI NOTICE OF THE FILING OF A PETITION
FOR TERRITORIAL DETACHMENT FROM PUBLIC WATER SUPPLY DISTRICT NO. .... OF
............. COUNTY, MISSOURI.

To all voters and landowners of land within the boundaries of the
above-described district:

You are hereby notified:

1. That a petition has been filed in this court for the detachment of the
following tracts of land from the above-named public water supply
district, as provided by law: (Describe tracts of land).

2. That a hearing on said petition will be held before this court on the
..... day of ........, 20 ..., at ...., ....m.

3. Exceptions or objections to the detachment of said tracts from said
public water supply district may be made by any voter or landowner of
land within the district from which territory is sought to be detached,
provided such exceptions or objections are in writing not less than five
days prior to the date set for hearing on the petition.

4. The names and addresses of the attorneys for the petitioner are:

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

Clerk of the Circuit Court of

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

3. The court, for good cause shown, may continue the case or the hearing
thereon from time to time until final disposition thereof.

4. Exceptions or objections to the detachment of such territory may be
made by any voter or landowner within the boundaries of the district,
including the territory to be detached. The exceptions or objections
shall be in writing and shall specify the grounds upon which they are
made and shall be filed not later than five days before the date set for
hearing the petition. If any such exceptions or objections are filed, the
court shall take them into consideration when considering the petition
for detachment and the evidence in support of detachment. If the court
finds that the detachment will be in the best interest of the district
and the inhabitants and landowners of the area to be detached will not be
adversely affected or if the court finds that the detachment will be in
the best interest of the inhabitants and landowners of the territory to
be detached and will not adversely affect the remainder of the district,
it shall approve the detachment and grant the petition.

5. If the court approves the detachment, it shall make its order
detaching the territory described in the petition from the remainder of
the district, or in the event it shall find that only a portion of said
territory should be detached, the court shall order such portion detached
from the district. The court shall also make any changes in subdistrict
boundary lines it deems necessary to meet the requirements of sections
247.010 to 247.220. Any subdistrict line changes shall not become
effective until the next annual election of a member of the board of
directors.

6. A certified copy of the court's order shall be filed in the office of
the recorder and in the office of the county clerk in each county in
which any of the territory of the district prior to detachment is
located, and in the office of the secretary of state. Costs of the
proceeding shall be borne by the petitioner or petitioners. (L. 1988 H.B.
962, A.L. 2000 S.B. 741, A.L. 2002 S.B. 984 & 985)

1. The board of directors of any public water supply district
may petition the circuit court of the county containing the major part of
the acreage in the district for an amended decree of incorporation to
allow that district to engage in the construction, maintenance and
operation of common sewer treatment facilities which serve ten or more
separate properties and are located wholly within the district and are
not operated by another political subdivision or are not located within
the certificated area of a sewer corporation as defined in chapter 386,
RSMo, or within a common sewer district as defined in chapter 204, RSMo,
and the operation and maintenance of all such existing sewer treatment
facilities. The petition shall be filed by the board of directors and all
proceedings shall be in the same manner as in an action for initial
formation of a water district except that no vote of the residents of the
district shall be required.

2. If the decree is amended the district shall, within ninety days after
the order amending the decree, begin operation of the existing facilities
which it has acquired by gift or otherwise and shall establish and
collect user charges to be determined and established in the same manner
as water rates.

3. All applicable provisions of this chapter shall apply to the
construction, operation and maintenance of common sewer facilities in the
same manner as they apply to like functions relating to water supply. (L.
1980 H.B. 1191)

Effective 4-30-80

1. Proceedings for the formation of a public water supply
district shall be substantially as follows: a petition in duplicate
describing the proposed boundaries of the district sought to be formed,
accompanied by a plat of the proposed district, shall be filed with the
clerk of the circuit court of the county wherein the proposed district is
situate, or with the clerk of the circuit court of the county having the
largest acreage proposed to be included in the proposed district, in the
event that the proposed district embraces lands in more than one county.
Such petition, in addition to such boundary description, shall set forth
an estimate of the number of customers of the proposed district, the
necessity for the formation of the district, the probable cost of the
improvement, an approximation of the assessed valuation of taxable
property within the district and such other information as may be useful
to the court in determining whether or not the petition should be granted
and a decree of incorporation entered. Such petition shall be accompanied
by a cash deposit of fifty dollars as an advancement of the costs of the
proceeding, and the petition shall be signed by not less than fifty
voters or owners of real property within the proposed district and shall
pray for the incorporation of the territory therein described into a
public water supply district. The petition shall be verified by at least
one of the signers of the petition, including a statement confirming that
service has been made by certified mail to the city manager or the
business office of any municipality with boundaries located not more than
one mile from any boundary of the proposed district.

2. Upon the filing of the petition, the same shall be presented to the
circuit court, and such court shall fix a date for a hearing on such
petition, as herein provided for. Thereupon the clerk of the court shall
give notice of the filing of the petition in some newspaper of general
circulation in the county in which the proceedings are pending, and if
the district extends into any other county or counties, such notice shall
also be published in some newspaper of general circulation in such other
county or counties. The notice shall contain a description of the
proposed boundary lines of the district and the general purposes of the
petition, and shall set forth the date fixed for the hearing on the
petition, which shall not be less than seven nor more than twenty-one
days after the date of the last publication of the notice and shall be on
some regular judicial day of the court wherein the petition is pending.
Such notice shall be signed by the clerk of the circuit court and shall
be published in three successive issues of a weekly newspaper or in a
daily newspaper once a week for three consecutive weeks.

3. The court, for good cause shown, may continue the case or the hearing
thereon from time to time until final disposition thereof.

4. Exceptions to the formation of a district, or to the boundaries
outlined in the petition for the incorporation thereof, may be made by
any voter or owner of real property in the proposed district or by any
municipality with boundaries located not more than one mile from any
boundary of the proposed district; provided, such exceptions are filed
not less than five days prior to the date set for the hearing on the
petition. Such exceptions shall specify the grounds upon which the
exceptions are being made. If any such exceptions be filed, the court
shall take them into consideration in passing upon the petition and shall
also consider the evidence in support of the petition and in support of
the exceptions made. Should the court find that the petition should be
granted but that changes should be made in the boundary lines, it shall
make such changes in the boundary lines as set forth in the petition as
to the court may seem meet and proper, and thereupon enter its decree of
incorporation, with such boundaries as changed.

5. Should the court find that it would not be to the public interest to
form such a district, the petition shall be dismissed at the costs of the
petitioners. If, however, the court should find in favor of the formation
of such district, the court shall enter its decree of incorporation,
setting forth the boundaries of the proposed district as determined by
the court pursuant to the aforesaid hearing. The decree of incorporation
shall also divide the district into five subdistricts and shall fix their
boundary lines, all of which subdistricts shall have approximately the
same area and shall be numbered. The decree shall further contain an
appointment of one voter from each of such subdistricts, to constitute
the first board of directors of the district. No two members of such
board so appointed or hereafter elected or appointed shall reside in the
same subdistrict, except as provided in section 247.060. If no qualified
person who lives in the subdistrict is willing to serve on the board, the
court may appoint, or the voters may elect, an otherwise qualified person
who lives in the district but not in the subdistrict. The court shall
designate two of such directors so appointed to serve for a term of two
years and one to serve for a term of one year. And the directors thus
appointed by the court shall serve for the terms thus designated and
until their successors shall have been appointed or elected as herein
provided. The decree shall further designate the name and number of the
district by which it shall hereafter be officially known.

6. The decree of incorporation shall not become final and conclusive
until it shall have been submitted to the voters residing within the
boundaries described in such decree and until it shall have been assented
to by a majority of the voters as provided in subsection 9 of this
section or by two-thirds of the voters of the district voting on the
proposition. The decree shall provide for the submission of the question
and shall fix the date thereof. The returns shall be certified by the
judges and clerks of election to the circuit court having jurisdiction in
the case and the court shall thereupon enter its order canvassing the
returns and declaring the result of such election.

7. If, upon canvass and declaration, it is found and determined that the
question shall have been assented to by a majority of two-thirds of the
voters of the district voting on such proposition, then the court shall,
in such order declaring the result of the election, enter a further order
declaring the decree of incorporation to be final and conclusive. In the
event, however, that the court should find that the question had not been
assented to by the majority above required, the court shall enter a
further order declaring such decree of incorporation to be void and of no
effect. No appeal shall lie from any such decree of incorporation nor
from any of the aforesaid orders. In the event that the court declares
the decree of incorporation to be final, as herein provided for, the
clerk of the circuit court shall file certified copies of such decree of
incorporation and of such final order with the secretary of state of the
state of Missouri, and with the recorder of deeds of the county or
counties in which the district is situate and with the clerk of the
county commission of the county or counties in which the district is
situate.

8. The costs incurred in the formation of the district shall be taxed to
the district, if the district be incorporated, otherwise against the
petitioners.

9. If petitioners seeking formation of a public water supply district
specify in their petition that the district to be organized shall be
organized without authority to issue general obligation bonds, then the
decrees relating to the formation of the district shall recite that the
district shall not have authority to issue general obligation bonds and
the vote required for such a decree of incorporation to become final and
conclusive shall be a simple majority of the voters of the district
voting on such proposition. (RSMo 1939 § 12623, A.L. 1978 H.B. 971 merged
with H.B. 1634, A.L. 1991 H.B. 619, A.L. 1993 S.B. 392, A.L. 1995 H.B.
88, A.L. 1998 H.B. 1622 merged with S.B. 479, A.L. 1999 H.B. 450 merged
with S.B. 160 & 82, A.L. 2002 S.B. 984 & 985, A.L. 2004 S.B. 987)

(1969) An appeal will lie from a determination of the trial court
regarding the extension or enlargement of the boundaries of a water
supply district in a proceeding brought in compliance with this section.
Public Water Supply District No. 7 v. City of Pevely (A.), 437 S.W.2d 108.

The following powers are hereby conferred upon public water
supply districts organized under the provisions of sections 247.010 to
247.220:

(1) To sue and be sued;

(2) To purchase or otherwise acquire water for the necessities of the
district;

(3) To accept by gift any funds or property for the uses and purposes of
the district;

(4) To dispose of property belonging to the district, under the
conditions expressed in sections 247.010 to 247.220;

(5) To build, acquire by purchase or otherwise, enlarge, improve, extend
and maintain a system of waterworks, including fire hydrants;

(6) To contract and be contracted with;

(7) To condemn private property within or without the district, needed
for the uses and purposes in sections 247.010 to 247.220 provided for;

(8) To lease, acquire and own any and all property, equipment and
supplies needed within or without the district in the successful
operation of a waterworks system;

(9) To contract indebtedness and issue general or special obligation
bonds, or both, of the district therefor, as herein provided;

(10) To acquire by purchase or otherwise, a system of waterworks, and to
build, enlarge, improve, extend and equip such system for the uses and
purposes of the district;

(11) To certify to the county commission or county commissions of the
county or counties within which such district is situate, the amount or
amounts to be provided by the levy of a tax upon all taxable property
within the district to create an interest and sinking fund for the
payment of general obligation bonds of the district and the interest
thereon; and also

(12) To create an incidental fund to take care of all costs and expenses
incurred in incorporating the district, and all obligations contracted
prior thereto and connected therewith; and

(13) To purchase equipment and supplies needed in the operation of the
water system of the district; provided, however, that the power to create
an incidental fund by the levy of a general property tax shall cease
after two annual levies therefor shall have been made, and such levy
shall not exceed fifteen cents per annum on each one hundred dollars
assessed valuation of taxable property within the district;

(14) To provide for the collection of taxes and rates or charges for
water and water service;

(15) To sell and distribute water to the inhabitants of the district and
to consumers outside the district, delivered within or at the boundaries
of the district;

(16) To fix rates for the sale of water; and

(17) To make general rules and regulations in relation to the management
of the affairs of the district. (RSMo 1939 § 12624)

CROSS REFERENCES: Improvement district may redeem lands from tax lien,
when, RSMo 140.380 Political subdivisions may contract with other
political subdivisions on public improvements or facilities, RSMo 70.210
to 70.320

1. The management of the business and affairs of the district is
hereby vested in a board of directors, who shall have all the powers
conferred upon the district except as herein otherwise provided, who
shall serve without pay. It shall be composed of five members, each of
whom shall be a voter of the district and shall have resided in said
district one whole year immediately prior to his election. A member shall
be at least twenty-five years of age and shall not be delinquent in the
payment of taxes at the time of his election. Except as provided in
subsection 2 of this section, the term of office of a member of the board
shall be three years. The remaining members of the board shall appoint a
qualified person to fill any vacancy on the board. If no qualified person
who lives in the subdistrict for which there is a vacancy is willing to
serve on the board, the board may appoint an otherwise qualified person,
who lives in the district but not in the subdistrict in which the vacancy
exists to fill such vacancy.

2. After notification by certified mail that he or she has two
consecutive unexcused absences, any member of the board failing to attend
the meetings of the board for three consecutive regular meetings, unless
excused by the board for reasons satisfactory to the board, shall be
deemed to have vacated the seat, and the secretary of the board shall
certify that fact to the board. The vacancy shall be filled as other
vacancies occurring in the board.

3. The initial members of the board shall be appointed by the circuit
court and one shall serve until the immediately following first Tuesday
after the first Monday in June, two shall serve until the first Tuesday
after the first Monday in June on the second year following their
appointment and the remaining appointees shall serve until the first
Tuesday after the first Monday in June on the third year following their
appointment. On the expiration of such terms and on the expiration of any
subsequent term, elections shall be held as otherwise provided by law,
and such elections shall be held in April pursuant to section 247.180.
(RSMo 1939 § 12625, A.L. 1978 H.B. 971, A.L. 1982 S.B. 526, A.L. 1989
S.B. 98, A.L. 1990 H.B. 1230, A.L. 1991 H.B. 619, A.L. 2005 H.B. 58)

Within thirty days after appointment or election of the board,
or on the date of the first regular meeting after appointment or election
of the board, whichever is earlier, the board shall meet and organize,
selecting one of its number president and one vice president. It shall
also select a clerk and a treasurer, neither of whom shall be members of
the board. The president and vice president shall serve for one year and
until their successors are selected and qualified. (RSMo 1939 § 12626,
A.L. 1990 H.B. 1065)

1. The exercise of the powers conferred upon the district by
sections 247.010 to 247.220 shall be by its board of directors, acting as
a board.

2. The board shall have power and it shall be its duty to employ
necessary help and to contract for such professional service as the
demands of the district require in creating and operating a waterworks
system contemplated in this law, and shall pay out of the funds of the
district available for such purposes reasonable compensation for the
service rendered. It shall have made by a competent accountant an annual
audit of the receipts and expenditures of the district. All persons
employed shall serve for an indefinite term and at the will of the board,
and party politics shall not enter into the selection of employees.

3. The board shall have regular monthly meetings and the president
thereof may call special meetings as occasion requires. It shall
establish an office for its meeting place and for the transaction of
business.

4. All persons charged with handling of funds shall be required to give
bond to be fixed and approved by the board, but at the expense of the
district.

5. All contracts made by the district shall conform to law governing
contracts of other municipal corporations. It shall have power to
authorize and enter into all contracts in behalf of the district, and
shall provide an official seal for district, and all official documents
shall be attested by the seal. (RSMo 1939 § 12627)

1. The board of directors of any public water supply district
shall have power to sell and convey part or all of the property of the
district to any city, owning and operating a waterworks system, in
consideration whereof the city shall obligate itself to pay or assume the
payment of all outstanding bond obligations of the district, and to
provide reasonable and adequate water service and furnish water ample in
quantity for all needful purposes, and pure and wholesome in quality, to
the inhabitants of the territory lying within the district, during such
period of time and under such terms and conditions as may be agreed upon
by the city and the board of directors of the district; provided,
however, that no action shall be taken as provided herein until said city
and public water supply district shall cause a printed notice of their
intention to act under this section to be published in a manner
prescribed for by law in a newspaper having a general circulation in said
city and public water supply district, and a statement of the time and
manner of said publication shall be recited in any agreement or contract
executed hereunder.

2. Thereafter the board of directors may sell and convey any remaining
property of the district and after payment of the debts of the district,
other than bond obligations, the board of directors may use the funds of
the district for the purpose of providing fire protection or for any
other public purpose which in the opinion of the board will be beneficial
to the inhabitants of the district.

3. The powers granted by this section are in addition to the powers
granted by law and are not subject to the terms and conditions set forth
in those sections. (L. 1951 p. 650, A.L. 2004 S.B. 987, A.L. 2005 H.B.
395)

A majority of board members shall constitute a quorum to do
business. No act of the board shall be valid unless authorized by a
majority of the members of the board. (RSMo 1939 § 12628)

1. It shall be the duty of the president to preside at all board
meetings, to act as official head of the district, to execute all
contracts required to be executed by the district and the board. In the
absence or disability of the president, the vice president shall assume
the duties of the president.

2. The clerk shall keep the official records of the meetings of the
board, shall attest all official documents with the seal of the district,
shall, when called upon, make reports pertaining to the business of his
office, attend the board meetings, and perform such other duties as may
be imposed upon him by the provisions of sections 247.010 to 247.220 and
the rules of the board.

3. The treasurer shall be the custodian of the funds of the district and
pay money out of the treasury only upon valid warrants drawn on the
treasury. Warrants shall be signed by the clerk and countersigned by the
president. He shall execute such bond for faithful performance of duty as
may be required by the board, the expense of the execution of the bond,
however, to be borne by the district.

4. The board may, from time to time, provide for additional rules and
regulations concerning the duties of its officers. (RSMo 1939 § 12629)

1. Subject to such regulation and control as may now exist in or
may hereafter be conferred upon the public service commission of the
state of Missouri, the fixing of rates or charges for water or water
service furnished by a district incorporated under sections 247.010 to
247.220 is hereby vested in its board of directors. The rates or charges
to be so fixed shall, at all times, be reasonable, but in determining the
reasonableness of rates or charges, the board shall take into
consideration the sum or sums required to retire outstanding special
obligation bonded indebtedness of the district and the interest accruing
thereon, the need for extensions of mains, repairs, depreciation,
enlargement of plant, adequate service, obsolescence, overhead charges,
operating expenses, and the need of an operating fund out of which the
district may protect itself in emergencies and out of which the
incidental expenses of the district may readily be met.

2. Any charge for water or water services levied by the board of
directors of a water district shall be due at such time or times as
specified by the board and may be considered delinquent if not paid by
the due date. The board may assess penalties on delinquent payments owed
to the district. These penalties shall not exceed a reasonable amount.

3. Upon ten days prior notice to the person to whom water service was
delivered, the board of directors of a water district may cause to be
filed with the recorder of deeds in the county where the land is located
a legal description of the property on which water charges are thirty
days or more delinquent, the names and addresses of the title owners and
the amount due, provided the person who owns the property is the same
person who owes for the water service delivered, which shall constitute a
lien upon the land so charged. The board shall file with the recorder of
deeds a notice of satisfaction when the delinquent amounts, any interest
on the delinquent amounts and any recording fees or attorney fees have
been paid in full.

4. The lien authorized in this section may be enforced by an action filed
in the circuit court having jurisdiction in the county where water
services are delivered. The pleadings, practice, process, and other
proceedings in cases arising under this section shall be the same as in
ordinary civil actions and proceedings in circuit courts. (RSMo 1939 §
12630, A.L. 1990 S.B. 525)

1. For the period and subject to the limitations contained in
sections 247.010 to 247.220, the board of directors of any district
organized hereunder shall, on or before the tenth day of May of each
year, make estimates of the amount of taxes required to be levied to
provide for the purposes of the district as specified in section 247.050.

2. Such estimates shall thereupon be certified by the clerk of the board
and filed by the clerk of the county commission or the respective clerks
of the county commissions of the counties in which the district is
situate. Upon the basis of such estimates the county commission or
respective county commissions shall proceed to levy a tax upon all
taxable property within the district, sufficient to provide the funds
required by such estimates.

3. The clerk of the county commission or respective clerks of the county
commissions shall enter such levies on the tax books of the county in the
same manner as school district taxes are entered, for the use of the
county collector. The taxes thus levied and extended upon the tax books
shall be collected and the payment thereof enforced at the same time and
in the same manner as is provided for the collection and payment of taxes
levied for state and county purposes and such taxes, when collected,
shall be remitted by the collector or collectors of the revenue, to the
treasurer of the district. (RSMo 1939 § 12631)

1. Any district organized hereunder shall have power to borrow
money for any of the purposes provided for in sections 247.010 to
247.220, and to issue bonds therefor. In such event the board of
directors shall proceed substantially as follows: The board shall adopt a
resolution, reciting the necessity for the borrowing of money, the amount
of money necessary to be raised, the purposes thereof, and the amount and
type or character of bonds to be issued. Such resolution shall also fix
the date of an election to be held for the purpose of testing the sense
of the voters of the district on the question of incurring such
indebtedness and issue bonds in evidence thereof.

2. Such resolution may submit at such election a proposal to issue
general obligation bonds or special obligation bonds, or both, but in no
event shall the board of directors have authority to issue bonds unless
at such election the constitutionally required percentage of the
qualified voters of the district voting on any general obligation bonds
shall assent thereto and a simple majority of the qualified voters of the
district voting on any special obligation bonds shall assent thereto.

3. Districts organized under the provisions of sections 247.010 to
247.220 may issue either general obligation bonds or special obligation
bonds, as herein defined; provided, however, that the type or character
of bonds to be issued shall be determined by the board of directors in
advance of calling the bond election and shall be stated in the notice of
election as herein provided.

4. General obligation bonds, within the meaning of said sections, shall
be bonds issued within the limitation of indebtedness prescribed under
section 26 of article VI of the Constitution of Missouri, for the payment
of which, both principal and interest, a direct tax may be levied upon
all taxable property within the district. Before or at the time of
issuing general obligation bonds, the board of directors shall provide
for the collection of an annual tax, to be levied upon all taxable
property within the district sufficient to pay the interest on such bonds
as it falls due, and also to constitute a sinking fund for the payment of
the principal thereof within twenty years from the date of such bonds;
provided, however, that the net income and revenue arising from the
operation of the waterworks system of such district, after providing for
costs of operation, maintenance, depreciation and necessary extensions
and enlargements, shall be transferred to and become a part of the
interest and sinking fund applicable to such general obligation bonds,
unless or until such net revenues are pledged to the payment of special
obligation bonds as herein provided.

5. Special obligation bonds, within the meaning of sections 247.010 to
247.220, shall be bonds payable, both as to principal and interest,
wholly and only out of the net income and revenues arising from the
operation of the waterworks system of any such district, after providing
for costs of operation, maintenance, depreciation and necessary
extensions and enlargements, and such bonds shall not be deemed to be
indebtedness of any such district within the meaning of any
constitutional or statutory limitation upon the incurring of
indebtedness. Before or at the time of issuing any such special
obligation bonds, the board of directors shall pledge such net income and
revenues to the payment of such bonds, both principal and interest, and
shall covenant to fix, maintain and collect rates for water and water
service supplied by such district so as to assure that such net income
and revenues will be sufficient for the purposes herein required.

6. All bonds issued under the provisions of sections 247.010 to 247.220
shall be payable serially, beginning not more than five years after the
date they bear; the last installment of any general obligation bonds so
issued shall be payable not more than twenty years after such date, and
the last installment of any special obligation bonds so issued shall be
payable not more than thirty-five years after such date. Such bonds shall
bear such rate of interest, not exceeding six percent per annum, payable
annually or semiannually, shall be payable at such place or places,
within or without the state of Missouri, shall be executed by the
president of the board of directors, attested by the clerk of said board,
under the seal of the district, and shall be of such denomination and be
payable in such medium of payment, all as the board of directors may
determine; provided, further, that should any bond issue fail to carry at
an election held for that purpose, the board of directors shall have no
power to call another election on the question of the issuance of bonds
for a period of four months thereafter. (RSMo 1939 § 12632, A.L. 1945 p.
847, A.L. 1959 S.B. 160, A.L. 1978 H.B. 971, A.L. 1990 S.B. 862)

During the period of time given the board to levy a tax on
property within the district for incidental expenses as that term is used
in sections 247.010 to 247.220, the board may issue and sell current
revenue bonds to bear interest at not to exceed six percent per annum, to
meet the current expenses of the district incurred in advance of the
revenue to be derived from such incidental tax levy, and to be paid out
of such current revenue when accrued. Such bonds may be for six, nine, or
twelve months and shall not exceed in the aggregate one-half of the
revenue for the fiscal year for which they are issued. The president of
the board of directors shall execute the bonds on behalf of the district
and which shall be attested by the clerk with the seal of the district.
(RSMo 1939 § 12637)

1. Any public water supply district now or hereafter organized
under the laws of this state is hereby authorized, without an election,
to refund all or any part of the bonded indebtedness of such district at
the time outstanding, including interest thereon.

2. Where the bonds being refunded consist of general obligation bonds
payable from ad valorem taxes levied upon all taxable property situated
in the district, the refunding bonds issued to refund such general
obligation bonds shall be payable from ad valorem taxes levied upon all
taxable property situated in the district.

3. When the bonds being refunded consist of special obligation bonds
payable from the net income and revenues arising from operation of the
waterworks system of such district, the refunding bonds, issued to refund
such special obligation bonds, or any interest thereon, shall likewise
constitute special obligation bonds and shall be payable from such net
income and revenues arising from the operation of the waterworks system
of the district.

4. All refunding bonds of any public water supply district shall be
negotiable and shall be payable not later than the date for the final
payment of the original former bonds for which such refunding bonds are
issued and for which refunding bonds are delivered in exchange, except
that the last installment of any special obligation refunding bonds
issued for previously issued special obligation bonds shall be payable up
to, but not more than, thirty-five years from the date of such special
obligation refunding bonds. The refunding bonds shall bear such rate of
interest, not exceeding eight percent per annum, payable annually or
semiannually, and shall be in such denomination and be payable at such
place or places as the board of directors may determine; provided,
however, that the interest rate on the refunding bonds shall not exceed
the interest rate on the bonds being refunded where such bonds are
general obligation bonds payable from ad valorem taxes, but such interest
rate may exceed the interest rate on the bonds being refunded if such
bonds are special obligation or revenue bonds and not payable from ad
valorem taxes. In no case shall the amount of the debt of such district
be increased or enlarged under the provisions of this section. (L. 1943
p. 519 § 12638A, A.L. 1972 H.B. 1506)

CROSS REFERENCE: Bonded debt of counties, townships, etc., may be
funded-- question to be submitted, how, RSMo 108.140 to 108.160

1. Whenever all or any part of the territory of any public water
supply district organized under sections 247.010 to 247.220 is or has
been included by annexation within the corporate limits of a
municipality, the board of directors of any such district shall have the
power to contract with such municipality for operating the waterworks
system within such annexed area, or the board of directors, may, subject
to the provisions of sections 247.160 and 247.170, lease, contract to
sell, sell or convey, any or all of its water mains, plant or equipment
located within such annexed area to such municipality and such contract
shall also provide for the detachment and exclusion from such public
water supply district of that part thereof located within the corporate
limits of such city; provided, that in case of sale or conveyance, all
bonds of the district, whether general obligation bonds constituting a
lien on the property located within the district, or special obligation
or revenue bonds constituting a lien on the income and revenues arising
from the operation of the water system:

(1) Are paid in full, or

(2) A sum sufficient to pay all of such bonds together with interest
accrued or to accrue thereon, together with other items of expense
provided in such bonds, is deposited with the fiscal agent named in the
bonds for the purpose of full payment, or

(3) Such city has entered into a firm commitment to pay in lump sum or
installments not less than that proportion of the sum of all existing
liquidated obligations and of all unpaid revenue bonds, with interest
thereon to date, of such public water supply district, as the assessed
valuation of the real and tangible personal property within the area
annexed bears to the assessed valuation of all the real and tangible
personal property within the entire area of such district, according to
the official county assessment of such property as to December
thirty-first of the calendar year next preceding, or

(4) Consent in writing is obtained from the holders of all such bonds.

2. In any such case in which the board of directors by agreement, leases,
contracts to sell, sells or conveys the property of the district within
the annexed area to such a municipality, an application shall be made by
one of the contracting parties to the circuit court originally
incorporating such district, which application shall set forth a
description of the annexed area, that part thereof sought to be detached
and excluded, a copy of the agreement entered into by the parties, the
facts concerning bondholders and their rights, and requesting an order of
the court approving or disapproving such contract.

3. Upon the filing of such application, the court shall set a time for
the hearing thereof and shall order a public notice setting forth the
nature of the application, the annexed area affected and sought to be
detached and excluded, a description of the property within the annexed
area leased, contracted to be sold, sold or conveyed, and the time and
place of such hearing, to be published for three weeks consecutively, in
a newspaper published in the county in which the application is pending,
the last publication to be not more than five days before the date set
for hearing.

4. If the court finds that the agreement protects the bondholders' rights
and provides for the rendering of necessary water service in the
territory embracing the district, then such agreement shall be fully
effective upon approval by the court. Such decree shall also thereupon
vest in said city the absolute title, free and clear of all liens or
encumbrances of every kind and character, to all tangible real and
personal property of such public water supply district located within the
part of such district situated within the corporate limits of such city,
with full power in such city to use and dispose of such tangible real and
personal property as it deems best in the public interest. (L. 1949 p.
255 § 12637.1)

(1960) Where a portion of a water district was annexed by a city and a
dispute arose as to the amount of money payable by the city to the water
district in connection with the transfer of its services, the water
district was still liable for the whole amount of its bond issue and
payment thereof would be enforced by mandamus notwithstanding the city
had not paid its proportion of the amount due. State ex rel. Stern Bros.
& Co. v. Stilley (Mo.), 337 S.W.2d 934.

1. Whenever all or any part of a territory located within a
public water supply district organized pursuant to sections 247.010 to
247.220 is included by annexation within the corporate limits of a
municipality, but is not receiving water service from such district or
such municipality at the time of such annexation, the municipality and
the board of directors of the district may, within six months after such
annexation becomes effective, develop an agreement to provide water
service to the annexed territory. Such an agreement may also be developed
within six months after August 28, 2001, for territory that was annexed
between January 1, 1996, and August 28, 2001, but was not receiving water
service from such district or such municipality on August 28, 2001,
except that such territory annexed in a county of the first
classification without a charter form of government and with a population
of more than sixty-three thousand eight hundred but less than seventy
thousand inhabitants must have been annexed between January 1, 1999, and
August 28, 2001. For the purposes of this section, "not receiving water
service" shall mean that no water is being sold within the annexed
territory by such district or municipality. If the municipality and
district reach an agreement that detaches any territory from such
district, the agreement shall be submitted to the circuit court
originally incorporating such district, and the court shall make an order
and judgment detaching the territory described in the agreement from the
remainder of the district and stating the boundary lines of the district
after such detachment. The court shall also make any changes in
subdistrict boundary lines it deems necessary to meet the requirements of
sections 247.110 to 247.227. Such subdistrict lines shall not become
effective until the next election after the effective date of the
agreement. At such time that the court's order and judgment becomes
final, the clerk of the circuit court shall file certified copies of such
order and judgment with the secretary of state and with the recorder of
deeds and the county clerk of the county or counties in which the
district is located. If an agreement is developed between a municipality
and a water district pursuant to this subsection, subsections 2 to 8 of
this section shall not apply to such agreement.

2. In any case in which the board of directors of such district and such
municipality cannot reach such an agreement, an application may be made
by the district or the municipality to the circuit court originally
incorporating such district, requesting that three commissioners develop
such an agreement. Such application shall include the name of one
commissioner appointed by the applying party. The second party shall
appoint one commissioner within thirty days of the service of the
application upon the second party. If the second party fails to appoint a
commissioner within such time period, the court shall appoint a
commissioner on behalf of the second party. Such two named commissioners
may agree to appoint a third disinterested commissioner within thirty
days after the appointment of the second commissioner. In any case in
which such two commissioners cannot agree on or fail to make the
appointment of the third disinterested commissioner within thirty days
after the appointment of the second commissioner, the court shall appoint
the third disinterested commissioner.

3. Upon the filing of such application and the appointment of three such
commissioners, the court shall set a time for one or more hearings and
shall order a public notice including the nature of the application, the
annexed area affected, the names of the commissioners, and the time and
place of such hearings, to be published for three weeks consecutively in
a newspaper published in the county in which the application is pending,
the last publication to be not more than seven days before the date set
for the first hearing.

4. The commissioners shall develop an agreement between the district and
the municipality to provide water service to the annexed territory. In
developing the agreement, the commissioners shall consider information
presented to them at hearings and any other information at their disposal
including, but not limited to:

(1) The estimated future loss of revenue and costs for the water district
related to the agreement;

(2) The amount of indebtedness of the water district within the annexed
territory;

(3) Any contractual obligations of the water district within the annexed
area; and

(4) The effect of the agreement on the water rates of the district.

Such agreement shall also include a recommendation for the apportionment
of court costs, including reasonable compensation for the commissioners,
between the municipality and the water district.

5. If the court finds that the agreement provides for necessary water
service in the annexed territory, then such agreement shall be fully
effective upon approval by the court. The court shall also review the
recommended apportionment of court costs and the reasonable compensation
for the commissioners and affirm or modify such recommendations.

6. The order and judgment of the court shall be subject to appeal as
provided by law.

7. If the court approves a detachment as part of the territorial
agreement, it shall make its order and judgment detaching the territory
described in the petition from the remainder of the district and stating
the boundary lines of the district after such detachment. The court shall
also make any changes in subdistrict boundary lines it deems necessary to
meet the requirements of sections 247.110 to 247.227. Any subdistrict
lines shall not become effective until the next annual regular election.

8. At such time that the court's order and judgment becomes final, the
clerk of the circuit court shall file certified copies of such order and
judgment with the secretary of state and with the recorder of deeds and
the county clerk of the county or counties in which the district is
located. (L. 2001 S.B. 267)

1. Whenever any city owning a waterworks or water supply system
extends its corporate limits to include any part of the area in a public
water supply district, and the city and the board of directors of the
district are unable to agree upon a service, lease or sale agreement, or
are unable to proceed under section 247.160, then upon the expiration of
ninety days after the effective date of the extension of the city limits,
that part of the area of the district included within the corporate
limits of the city may be detached and excluded from the district in the
following manner:

(1) A petition to detach and exclude that part of the public water supply
district lying within the corporate limits of the city as such limits
have been extended, signed by not less than five percent of the
registered voters who are patrons of the water supply district, or twenty
registered voters that are patrons of each subdistrict, whichever is
less, shall be filed in the circuit court of the county in which the
district was originally organized.

(2) The court, being satisfied as to the sufficiency of the petition,
shall call a special election of the voters of the district at which
election the proposal to detach and exclude the part of the district
lying within the corporate limits of the city shall be submitted to the
voters in the entire district for a vote thereon. The election shall be
conducted within the district by the election authority.

(3) The ballot shall briefly state the question to be voted on.

(4) In order to approve the detachment and exclusion of any part of the
area in a public water supply district, the proposal shall require the
approval of not less than a majority of the voters voting thereon.

(5) The election authorities shall thereafter promptly certify the result
to the circuit court. The court, acting as a court of equity, shall
thereupon without delay enter a decree detaching and excluding the area
in question located within the corporate limits of the city from the
public water supply district; except that before the decree detaching and
excluding the area becomes final or effective, the city shall show to the
court that it has assumed and agreed to pay in lump sum or in
installments not less than that proportion of the sum of all existing
liquidated general obligations and of all unpaid revenue bonds and
interest thereon to date of the water supply district as the assessed
valuation of the real and tangible personal property within the area
sought to be detached and excluded bears to the assessed valuation of all
of the real and tangible personal property within the entire area of the
district, according to the official county assessment of property as of
December thirty-first of the calendar year next preceding the date of the
election, and in addition thereto that the city has assumed and agreed to
assume or pay in a lump sum all contractual obligations of the water
district that are greater than twenty-five thousand dollars for debt that
pertains to infrastructure, fixed assets or obligations for the purchase
of water, and to pay the court costs.

(6) The decree shall thereupon vest in the city the absolute title, free
and clear of all liens or encumbrances of every kind and character, to
all tangible real and personal property of the public water supply
district located within the part of the district situated within the
corporate limits of the city with full power in the city to use and
dispose of the tangible real and personal property as it deems best in
the public interest.

(7) If the proposal fails to receive the approval of the voters the
question may be again presented by another petition and again voted on,
but not sooner than six months.

(8) Any and all sums paid out by the city under this section, other than
the costs of the election, shall be administered by the circuit court for
the benefit of the holders of the then existing and outstanding bonds of
the district, and the remainder of such sums, if any, shall be delivered
to the district to be expended in the operation, maintenance and
improvement of its water distribution system.

2. Upon the effective date of any final order detaching and excluding any
part of the area of any public water supply district, or leasing, selling
or conveying any of the water mains, plant or equipment therein, the
circuit court may, in the public interest, change the boundaries of the
public water supply district and again divide or redivide the district
into subdistricts for the election of directors in conformity with the
provisions of section 247.040, without further petition being filed with
the court so to do. (L. 1949 p. 255 § 12637.1, A.L. 1957 p. 581, A.L.
1978 H.B. 971, A.L. 1995 H.B. 484, et al., A.L. 2000 S.B. 741, A.L. 2003
H.B. 511)

The proportion of the sum of all outstanding bonds and debt,
with interest thereon, that is required to be paid to the water supply
district, pursuant to subsection 1 of section 247.031, and subdivision
(5) of subsection 1 of section 247.170, shall be the same as the
proportion of the assessed valuation of the real and tangible personal
property within the area sought to be detached and excluded bears to the
assessed valuation of all of the real and tangible personal property
within the entire area of the water supply district. (L. 2001 S.B. 267)

1. Competition to sell and distribute water, as between and
among public water supply districts, water corporations subject to public
service commission jurisdiction, and municipally owned utilities may be
displaced by written territorial agreements, but only to the extent
hereinafter provided for in this section.

2. Such territorial agreements shall specifically designate the
boundaries of the water service area of each water supplier subject to
the agreement, any and all powers granted to a public water supply
district by a municipality, pursuant to the agreement, to operate within
the corporate boundaries of that municipality, notwithstanding the
provisions of sections 247.010 to 247.670 to the contrary, and any and
all powers granted to a municipally owned utility, pursuant to the
agreement, to operate in areas beyond the corporate municipal boundaries
of its municipality. Where the parties cannot agree, they may, by mutual
consent of all parties involved, petition the public service commission
to designate the boundaries of the water service areas to be served by
each party and such designations by the commission shall be binding on
all such parties. Petitions shall be made pursuant to the rules and
regulations of the commission governing applications for certificates of
public convenience and necessity and the commission shall be required to
hold evidentiary hearings on all petitions so received. The commission
shall base its final determination upon a finding that the commission's
designation of water service areas is in the public interest.

3. Before becoming effective, all territorial agreements entered into
under the provisions of this section, including any subsequent amendments
to such agreements, or the transfer or assignment of the agreement or any
rights or obligations of any party to an agreement, shall receive the
approval of the public service commission by report and order.
Applications for commission approval shall be made and notice of such
filing shall be given to other water suppliers pursuant to the rules and
regulations of the commission governing applications for certificates of
public convenience and necessity. Unless otherwise ordered by the
commission for good cause shown, the commission shall rule on such
applications not later than one hundred twenty days after the application
is properly filed with the secretary of the commission.

4. The commission shall hold evidentiary hearings to determine whether
such territorial agreements should be approved or disapproved. The
commission may approve the application if it shall after hearing
determine that approval of the territorial agreement in total is not
detrimental to the public interest. Review of commission decisions under
this section shall be governed by the provisions of sections 386.500 to
386.550, RSMo.

5. Commission approval of any territorial agreement entered into under
the provisions of this section shall in no way affect or diminish the
rights and duties of any water supplier not a party to the agreement to
provide service within the boundaries designated in such territorial
agreement. In the event any water corporation which is not a party to the
territorial agreement and which is subject to the jurisdiction, control
and regulation of the commission under chapters 386, RSMo, and 393, RSMo,
has sought or hereafter seeks authorization from the commission to sell
and distribute water or construct, operate and maintain water supply
facilities within the boundaries designated in any such territorial
agreement, the commission, in making its determination regarding such
requested authority, shall give no consideration or weight to the
existence of any such territorial agreement and any actual rendition of
retail water supply services by any of the parties to such territorial
agreement will not preclude the commission from granting the requested
authority.

6. The commission shall have jurisdiction to entertain and hear
complaints involving any commission-approved territorial agreement. Such
complaints shall be brought and prosecuted in the same manner as other
complaints before the commission. After hearing, if the commission
determines that the territorial agreement is not in the public interest,
it shall have the authority to suspend or revoke the territorial
agreement. If the commission determines that the territorial agreement is
still in the public interest, such territorial agreement shall remain in
full force and effect. Except as provided in this section, nothing in
this section shall be construed as otherwise conferring upon the
commission jurisdiction over the service, rates, financing, accounting,
or management of any public water supply district or municipally owned
utility, or to amend, modify, or otherwise limit the rights of public
water supply districts to provide service as otherwise provided by law.

7. Notwithstanding the provisions of section 386.410, RSMo, the
commission shall by rule set a schedule of fees based upon its costs in
reviewing proposed territorial agreements for approval or disapproval.
Responsibility for payment of the fees shall be that of the parties to
the proceeding as ordered by the commission in each case. The fees shall
be paid to the director of revenue who shall remit such payments to the
state treasurer. The state treasurer shall credit such payments to the
public service commission fund, or its successor fund, as established in
section 33.571, RSMo. Nothing in this section shall be construed as
otherwise conferring upon the commission jurisdiction over the service,
rates, financing, accounting or management of any public water supply
district or municipally owned utility and except as provided in this
section, nothing shall affect the rights, privileges or duties of public
water supply districts, water corporations subject to public service
commission jurisdiction or municipally owned utilities. (L. 1991 H.B. 299)

Effective 5-29-91

1. Regular elections and elections held for the purposes of
section 247.130 shall be called annually by the board of directors on the
first Tuesday after the first Monday in April. Such elections shall be
conducted by the appropriate election authority pursuant to chapter 115,
RSMo.

2. Notwithstanding any other provision of law, if there is only one
candidate for the post of director of any given subdistrict, then no
election shall be held, and the candidate or candidates shall assume the
responsibilities of their offices at the same time and in the same manner
as if elected. If there is no candidate for the post of any given
subdistrict, then no election shall be held for that post and it shall be
considered vacant, to be filled pursuant to the provisions of section
247.060. (RSMo 1939 § 12633, A.L. 1976 H.B. 1386, A.L. 1978 H.B. 971,
A.L. 1985 H.B. 620, A.L. 1986 H.B. 1471, et al., A.L. 1993 H.B. 279, A.L.
1996 S.B. 598, A.L. 1997 S.B. 132, A.L. 1998 H.B. 1385 merged with S.B.
551, A.L. 2005 H.B. 58)

The district shall have the right to lay its mains in public
highways, roads, streets and alleys included in the district, but the
same shall be done under reasonable rules and regulations of governmental
bodies having jurisdiction of such public places. This shall apply to
maintenance and repair jobs. In the construction of ditches, laying of
mains, filling of ditches after mains are laid, connection of service
pipes and repairing of lines, due regard must be taken of the rights of
the public in its use of thoroughfares and the equal rights of other
utilities thereto. (RSMo 1939 § 12635)

(1951) State highway commission had power to order water mains of public
water supply district, existing under chapter 247, RSMo, in road
right-of-way, removed and relocated at district's expense on taking over
county road and converting same to state highway. Public Water Supply
Dist. v. State Highway Comm. (Mo.), 244 S.W.2d 4.

The proceedings for condemnation of property under powers
conferred by sections 247.010 to 247.220 shall, as nearly as may be
practicable, be the same as proceedings provided for condemnation of
property by cities of the fourth class, except that proceedings shall be
instituted and carried through by the board of directors. (RSMo 1939 §
12636)

1. The board of directors of any public water supply district
which is dependent upon purchases of water to supply its needs may sell
and convey part or all of its water mains, plant, real estate, or
equipment to any water corporation as defined in section 386.020, RSMo,
if all bonds of the district, whether general obligation bonds
constituting a lien on the property within the district or special
obligation or revenue bonds constituting a lien on the income and
revenues arising from the operation of the water system:

(1) Are to be paid in full, or

(2) A sum sufficient to pay all of such bonds together with interest
accrued or to accrue thereon, together with all other items of expense
incident to the payment of such bonds, shall be set aside from the
proceeds of said sale and deposited with the fiscal agent named in the
bonds for the purpose of full payment.

2. After the board of directors of any public water supply district has
entered into a contract to sell part or all of its water mains, plant,
real estate or equipment, pursuant to this section, an application shall
be made by said board of directors to the circuit court which originally
incorporated the district, which application shall set forth a copy of
the contract entered into by the parties, and the facts concerning the
bondholders and their rights, and requesting an order of the court
approving or disapproving the contract.

3. Upon the filing of the application, the court shall set a time for the
hearing thereof and shall order a public notice setting forth the nature
of the application, a description of the property to be sold, and the
time and place for the hearing, to be published for three weeks
consecutively, in a newspaper of general circulation in the county in
which the application is pending, the last publication to be not more
than five days before the date set for the hearing.

4. If the court finds that the contract provides for the sale of all of
the mains, plants, real estate and equipment of the district and protects
the bondholders' rights, and also provides for the rendering of the
necessary water service in the territory embracing the district, and is
in the best interest of the residents and property owners of the
district, it shall, by its decree, approve the contract and order
dissolution of the district, provided that such dissolution is assented
to by a two-thirds majority of the voters of the district, voting on the
question and provided further, that the dissolution of the district shall
not become final until after all its debts have been paid and the
disposition of funds of the district has been fully carried out as
hereinafter provided to the satisfaction of the court, after which a
final decree may be entered.

5. Such water supply district shall not be finally dissolved, upon the
sale of all of its assets, until final liquidation thereof and until the
trustees of the district have first paid to the collector of the county,
or counties, in which the district is located all of its remaining funds
which shall be applied pro rata toward the payment and satisfaction of
the taxes of the residents and property owners of the district on their
respective personal and real property tax bills for the next ensuing year
or years. In the event that the sum of money so paid to the collector
would amount to less than the equivalent of one cent reduction in the tax
rate and thus impose upon the collector a cost burden in excess of the
money so paid, then and in that event said funds shall be paid over to
the treasurer of the various school districts having real estate within
the said water supply district in the ratio that the assessed valuation
of such school district bears to the whole assessed valuation of the
water supply district. (L. 1957 p. 583, A.L. 1978 H.B. 971)

1. Any two or more contiguous public water supply districts
organized under the provisions of sections 247.010 to 247.220 may be
consolidated into a single district by a decree of the circuit court in
which the district with the largest acreage was originally incorporated
and organized.

2. Proceedings for consolidation of such districts shall be substantially
as follows: The board of directors of each of the districts to be
consolidated shall authorize, by resolution passed at a regular meeting
or a special meeting called for such purpose, its president, on behalf of
the district, to petition the circuit court having jurisdiction for
consolidation with any one or more other contiguous public water supply
districts.

3. Such petition shall be filed in the circuit court having jurisdiction
and the court shall set a date for a hearing thereon and the clerk shall
give notice thereof in some newspaper of general circulation in each
county in which each of the districts proposed to be consolidated is
located.

4. Such notice shall be substantially as follows: IN THE CIRCUIT COURT OF
...... COUNTY, MISSOURI NOTICE OF THE FILING OF A PETITION FOR
CONSOLIDATION OF PUBLIC WATER SUPPLY DISTRICT NO. ......, OF ......
COUNTY, MISSOURI, AND PUBLIC WATER SUPPLY DISTRICT NO. ......, OF ......
COUNTY, MISSOURI (Additional districts may be named as required.)

To all voters, landowners, and interested persons within the boundaries
of the above-described public water supply districts:

You are hereby notified:

1. That a petition has been filed in this court for the consolidation of
the above-named public water supply districts into one public water
supply district, as provided by law.

2. That a hearing on said petition will be held before this court on
the...... day of......, 20...., at...., ....m.

3. Exceptions or objections to the consolidation of said districts may be
made by any voters or landowners of any of such districts proposed to be
consolidated, provided such exceptions or objections are filed in writing
not less than five days prior to the date set for the hearing on the
petition.

4. The names and addresses of the attorneys for the petitioner are:

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

Clerk of the Circuit Court of

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

5. The notice shall be published in three consecutive issues of a weekly
newspaper in each county in which any portion of any district proposed to
be consolidated lies, or in lieu thereof, in twenty consecutive issues of
a daily newspaper in each county in which any portion of any district
proposed to be consolidated lies; the last insertion of such notice to be
made not less than seven nor more than twenty-one days before the hearing.

6. The court, for good cause shown, may continue the case or the hearing
thereon from time to time until final disposition thereof.

7. Exceptions or objections to the consolidation of such districts may be
made by any voter or landowner within the boundaries of the proposed
district. The exceptions or objections shall be in writing and shall
specify the grounds upon which the same are made and shall be filed not
later than five days before the date set for hearing the petition. If any
such exceptions or objections are filed, the court shall take them into
consideration in passing upon the petition for consolidation and shall
also consider the evidence in support of the petition. If the court finds
that the consolidation will provide for the rendering of necessary water
service in the districts, and is in the best interest of the voters and
the landowners of the district, it shall, by its decree, approve such
consolidation. The decree of consolidation shall set an effective date
for the consolidation of the districts and shall provide that the
proposed consolidated district shall be divided into five subdistricts
and shall fix boundary lines of each subdistrict, all of which
subdistricts shall have approximately the same area and shall be numbered.

8. The decree of consolidation shall not become final and conclusive
until it has been submitted to voters in each of the districts proposed
to be included in the consolidated district.

9. If, upon canvass and declaration of the results, it is found and
determined that the question has been assented to by a majority of the
voters of each district voting on the question, the court shall issue its
order declaring the results of the elections, declaring its previous
decree of consolidation to be final and conclusive, and in addition, the
decree shall provide for an election of a director from each of the
subdistricts set forth in the decree of the court as specified in
subsection 7 of this section. The terms of office for the directors
elected at such election shall be as follows: The director elected from
the subdistrict designated by the circuit court as number one shall serve
until the next regular election, or until his successor has been elected
and qualified; those directors elected from the subdistricts designated
by the circuit court as numbers two and three shall serve until the
regular election following the next regular election or until their
successors have been elected and qualified; those directors elected from
the subdistricts designated by the circuit court as numbers four and five
shall serve until the annual regular election following the next two
regular elections, or until their successors have been elected and
qualified. Thereafter all directors shall be elected as provided by
sections 247.010 to 247.220. The election shall be held at least thirty
days before the effective date of the consolidation. The returns shall be
certified by the judges and clerks of election to the circuit court
having jurisdiction and the court shall thereupon enter its order naming
the directors from each subdistrict.

10. The eligibility and requirements for a director for a consolidated
district shall be identical with those set forth in section 247.060 and
no two members of the board shall reside in the same subdistrict. Any
candidate shall have his name imprinted upon the ballot, provided he
shall file a declaration of intention to become such a candidate with the
clerk of the circuit court.

11. In its final decree, the court shall designate a name for the
consolidated district which shall be as follows: Consolidated Public
Water Supply District No. ......, of...... County, Missouri.

12. On the effective date of the consolidation of the districts, the
newly elected directors shall organize in the same manner as is provided
in sections 247.010 to 247.220, and all of such provisions shall apply to
consolidated public water supply districts in the same manner as to other
public water supply districts.

13. At the time of the effective date of the consolidation, all the
property of the original districts shall be combined and administered as
one unit, which shall be subject to the liens, liabilities and
obligations of the original districts, provided that if any district
included in the consolidated district has issued general obligation bonds
which are outstanding at the time of the consolidation, any taxes to be
levied to pay the bonds and interest thereon shall be levied only upon
the property within the original district issuing the bonds as it existed
on the date of such issuance. All special obligation or revenue bonds
issued by any district included in the consolidated district shall be
paid in accordance with the terms thereof, without preference, from the
revenue received by the consolidated district.

14. A certified copy of the decrees of the court shall be filed in the
office of the recorder and in the office of the county clerk in each
county in which any part of the consolidated district is located, and in
the office of the secretary of state. Such copies shall be filed by the
clerk of the circuit court and the filing fees shall be taxed as costs.
(L. 1969 S.B. 311, A.L. 1972 H.B. 1506, A.L. 1978 H.B. 971, A.L. 1988
H.B. 962, A.L. 2002 S.B. 984 & 985)

1. Proceedings for the dissolution of a public water supply
district shall be substantially the same as proceedings for the formation
of such a district, as follows: A petition describing the boundaries of
the district sought to be dissolved shall be filed with the clerk of the
circuit court of the county wherein the subject district is situate, or
with the clerk of the circuit court of the county having the largest
acreage within the boundaries of the subject district, in the event that
the subject district embraces lands in more than one county. Such
petition, in addition to such boundary description, shall allege that
further operation of the subject district is inimicable to the best
interests of the inhabitants of the district, that the district should,
in the interest of the public welfare and safety, be dissolved, that an
alternative water supplier is available and better able to supply water
to the inhabitants of the district, and such other information as may be
useful to the court in determining whether the petition should be granted
and a decree of dissolution entered. Such petition shall also include a
detailed plan for payment of all debt and obligations of the district at
the time of dissolution. Such petition shall be accompanied by a cash
deposit of fifty dollars as an advancement of the costs of the proceeding
and the petition shall be signed by not less than one-fifth of the
registered voters from each subdistrict, or fifty registered voters from
each subdistrict, whichever is less, within the subject district. The
petition shall be verified by at least one of the signers thereof and
shall be served upon the board of directors of the district as provided
by law. The district shall be a party, and if the board of directors in
its discretion determines that such dissolution is not in the public
interest, the district shall oppose such petition and pay all cost and
expense thereof.

2. Upon the filing of the petition, the same shall be presented to the
circuit court, and such court shall fix a date for a hearing on such
petition, as provided in this section. Thereupon, the clerk of the court
shall give notice of the filing of the petition in some newspaper of
general circulation in the county in which the proceedings are pending,
and if the district extends into any other county or counties, such
notice shall also be published in some newspaper of general circulation
in such other county or counties. The notice shall contain a description
of the subject boundary lines of the district and the general purposes of
the petition, and shall set forth the date fixed for the hearing on the
petition, which shall not be less than seven nor more than twenty-one
days after the date of the last publication of the notice and shall be on
some regular judicial day of the court wherein the petition is pending.
Such notice shall be signed by the clerk of the circuit court and shall
be published in three successive issues of a weekly newspaper or in
twenty successive issues of a daily newspaper.

3. The court, for good cause shown, may continue the case or the hearing
thereon from time to time until final disposition thereof.

4. Exceptions to the dissolution of a district may be made by any voter
or landowner of the district, and by the district as herein provided;
such exceptions shall be filed not less than five days prior to the date
set for the hearing on the petition. Such exceptions shall specify the
grounds upon which the exceptions are filed and the court shall take them
into consideration in passing upon the petition and shall also consider
the evidence in support of the petition and in support of the exceptions
made. Unless petitioners prove that all debts and financial obligations
of the district can be paid in full upon dissolution, the petition shall
be dismissed at the cost of the petitioners.

5. Should the court find that it would not be to the public interest to
dissolve a district, the petition shall be dismissed at the costs of the
petitioners. If, however, the court should find in favor of the
petitioners, the court shall enter its interlocutory decree of
dissolution which decree shall provide for the submission of the question
to the voters of the district in substantially the following form:

Shall .... Public Water Supply District be dissolved?

6. The decree of dissolution shall not become final and conclusive until
it shall have been submitted to the voters residing within the boundaries
described in such decree and until it shall have been assented to by a
majority of two-thirds of the voters of the district voting on the
proposition. The decree shall provide for the submission of the question
and shall fix the date thereof. The returns shall be certified by the
election authority to the circuit court having jurisdiction in the case
and the court shall thereupon enter its order canvassing the returns and
declaring the result of such election.

7. If, upon canvass and declaration, it is found and determined that the
question shall have been assented to by a majority of two-thirds of the
voters of the district voting on such proposition then the court shall,
in such order declaring the result of the election, enter a further order
declaring the decree of dissolution to be final and conclusive. In the
event, however, that the court should find that the question had not been
assented to by the majority required, the court shall enter a further
order declaring such decree of dissolution to be void and of no effect.
No appeal shall lie from any of the aforesaid orders. In the event that
the court declares the decree of dissolution to be final, as provided in
this section, the clerk of the circuit court shall file certified copies
of such decree of dissolution and of such final order with the secretary
of state of the state of Missouri, and with the recorder of deeds of the
county or counties in which the district is situate and with the clerk of
the county commission of the county or counties in which the district is
situate.

8. Notwithstanding anything in this section to the contrary, no district
shall be dissolved until after all of its debts shall have been paid, and
the court, in its decree of dissolution, shall provide for the
disposition of the property of the district. (RSMo 1939 § 12638, A.L.
1978 H.B. 971, A.L. 1993 H.B. 655, A.L. 1997 S.B. 175, A.L. 2002 S.B. 984
& 985)

Any public water supply district located in a first class county
with a charter form of government which contains part of a city with a
population of four hundred thousand or more inhabitants and which has
approved installation of water lines and hookups within a real estate
subdivision shall not refuse to supply water for expansion or additions
within the real estate subdivision. (L. 1991 H.B. 619 § 1)

When an entity considering or proposing the construction of a
multiresidential or commercial development, which is located within the
city limits of a city owning a waterworks and also located within the
boundaries of a public water supply district, makes an inquiry of the
city administrator respecting the supply of water service to such
construction project, the city shall notify the public water supply
district of such inquiry. Such notification shall be within ten days of
the initial inquiry of the city administrator, shall be by certified
mail, and shall state the location of such construction project to the
extent the city administrator is aware of such. (L. 2004 S.B. 987 § 1)

*Transferred 2005; formerly 247.673

The purpose of sections 247.230 to 247.670 is to provide for the
establishment of political subdivisions of this state within counties to
be known as metropolitan water supply districts, the function of which
shall be to secure a source of water on a scale larger than is feasible
for public water supply districts and cities acting alone and to sell
such water at wholesale to public water supply districts and cities,
towns and villages. (L. 1949 p. 350 § 1, A.L. 1976 H.B. 1386)

Metropolitan water supply districts may be of any size and may
include all or any part of any county, or of two or more adjoining school
districts, cities, towns, villages or public water supply districts or
other political subdivisions within a county; no two metropolitan water
supply districts shall overlap; no more than one metropolitan water
supply district may be formed in any one county; provided however, that
no city, town, village or public water supply district having a water
supply or distribution system shall be included in a metropolitan water
supply district, until said municipality shall consent to become included
as evidenced by an ordinance or resolution passed by a majority vote of
the governing body of such municipality; and provided further, that the
territory within any metropolitan water supply district organized under
sections 247.230 to 247.670 should be contiguous. (L. 1949 p. 350 § 2,
A.L. 1976 H.B. 1386)

The proceedings to incorporate a metropolitan water supply
district shall be in the circuit court of the county in which the
proposed district is located. The circuit court sitting in and for any
such county is hereby vested with jurisdiction, power and authority as
provided herein to establish such districts. (L. 1949 p. 350 § 2)

The organization of a metropolitan water supply district shall
be initiated by a petition filed in the office of the clerk of the
circuit court vested with jurisdiction as provided in sections 247.230 to
247.670. The petition shall be signed by one hundred voters of the
district. (L. 1949 p. 350 § 3, A.L. 1978 H.B. 971)

The petition shall set forth:

(1) The name of the proposed district consisting of a chosen name
preceding the words "metropolitan water supply district";

(2) An estimate of the number of inhabitants and of the assessed
valuation of the taxable tangible property of the district;

(3) A description of and an estimate of the cost of the proposed
improvements;

(4) A suggested maximum rate of tax levy for general operating purposes
not to exceed twenty-five cents on the one hundred dollar valuation;

(5) A general description of the boundaries of the district or territory
to be included therein, with such certainty as to enable a property owner
to determine whether or not his property is within the district;

(6) A list of the public water supply districts, cities, towns, villages
and other political subdivisions within the bounds of the proposed
district, an estimate of the number of water customers of such units and
an estimate of the water consumption of said customers;

(7) The names of five voters of the district who shall constitute the
first board of directors of the district;

(8) Such other data and information as may be useful to the court in
determining the necessity for the organization of the district. (L. 1949
p. 350 § 4, A.L. 1978 H.B. 971)

There shall be filed with the petition, or petitions, a fee in
the amount of one hundred dollars to cover the payment of court costs.
(L. 1949 p. 350 § 5)

Immediately after the filing of such petition or any amended
petition changing the boundaries the court wherein such petition is filed
or the judge thereof in vacation shall by order, fix a time and place not
less than thirty days nor more than sixty days after the petition is
filed for a hearing thereon, and thereupon the circuit court shall cause
notice by publication to be made of the filing of the petition and the
pendency of the action and of the time and place of the hearing thereon.
The circuit clerk shall also forthwith cause a copy of said notice to be
mailed by registered mail to the governing body of each public water
supply district, city, town, village or other political subdivision
having territory within the proposed boundaries of the proposed district,
and to the county commission of the county affected. (L. 1949 p. 350 § 7)

The circuit court shall thereafter for all purposes of sections
247.230 to 247.670, except as herein otherwise provided, maintain and
have original and exclusive jurisdiction over all matters connected with
or affected by said district. No judge of the circuit court wherein such
petition is filed shall be disqualified to perform any duty imposed by
said sections by reason of ownership of property within the proposed
district. (L. 1949 p. 350 § 8)

No petition with the requisite signatures shall be declared null
and void on account of alleged defects, but the court may at any time
permit the petition to be amended to conform with the facts by correcting
any errors in the description of the territory, or in any other
particular, except that the boundaries of the district may not be
enlarged by taking in additional territory, without notice to the voters
thus affected, which notice may be made by publication or service of such
pleadings and orders. Similar petitions or duplicate copies of the same
petition for the organization of the same district, revising the
boundaries of the proposed districts, or recommending another chosen name
for the district or recommending other voters for the first board of
directors, or recommending a different maximum rate of levy for general
operating purposes may be filed at any time before a hearing is had on
the petition, and shall, together with the first petition, be regarded as
one petition, and shall be considered by the court the same as though
filed with the first petition placed on file. (L. 1949 p. 350 § 6, A.L.
1978 H.B. 971)

Any time after the filing of a petition for the organization of
a district and before the day fixed for the hearing thereon, a petition
may be filed in the office of the circuit clerk, wherein the petition for
the organization of such district is pending, protesting against the
creation of the proposed district. Such protesting petition shall be
signed and filed by or on behalf of one or more voters of the district,
and shall recite wherein the incorporation of the district will not
promote the purposes as set forth in the original petition, or wherein
sufficient facts have not been related to justify the incorporation of
such district, and any other facts which may be useful to the court in
determining whether or not such original petition shall be allowed. (L.
1949 p. 350 § 9, A.L. 1978 H.B. 971)

Upon the said hearing if the court finds that the petition has
not been signed, filed and presented in conformity with sections 247.230
to 247.670, or that the material facts are not as set forth in the
petition filed, or that sufficient facts have not been presented to
justify the incorporation of the district, it shall dismiss said
proceedings and adjudge the costs against the signers of the petition, or
petitions, in such proportion as it shall deem just and equitable. No
appeal or writ of error shall lie from an order dismissing said
proceedings; but nothing herein shall be construed to prevent the filing
of a subsequent petition, or petitions, for similar improvements or for a
similar district, and the right so to renew such proceedings is hereby
expressly granted and authorized. (L. 1949 p. 350 § 10)

Upon the said hearing if it shall appear that a petition for the
organization of a district has been signed and presented, as herein
provided, in conformity with sections 247.230 to 247.670, and that the
allegations of the petition are true, and that no protesting petition has
been filed, or if one has been filed, that the facts adduced in behalf
thereof at the hearing are insufficient to sustain such protesting
petition, the court shall, by order duly entered of record, adjudicate
all questions of jurisdiction, determine the original maximum rate of
levy for general operating purposes to be voted only if said levy shall
exceed fifteen cents on the one hundred dollar valuation, or as herein
provided, declare the district organized, define the boundaries thereof,
and give it a corporate name by which in all proceedings it shall
thereafter be known, and thereupon the district, subject to the election
provided in section 247.350, shall be a political subdivision of the
state of Missouri and a body corporate with all the powers of like or
similar corporations. (L. 1949 p. 350 § 11)

1. The decree of incorporation shall not become final and
conclusive until it shall have been submitted to voters of the proposed
district and until it shall have been assented to by a majority vote of
the voters of the district voting on the question.

2. The decree shall provide for the submission of the question of
incorporating such districts and to vote on the maximum rate of levy for
general operating purposes if such maximum rate shall exceed fifteen
cents on the one hundred dollar valuation of the district, shall fix the
date for holding such election.

3. The question of incorporating the district shall be submitted in
substantially the following form:

Shall there be incorporated a ......... metropolitan water supply
district?

4. Any question to determine the maximum rate of levy for general
operation purposes in excess of fifteen cents on the one hundred dollars
valuation shall be submitted in substantially the following form:

Shall the ......... metropolitan water supply district be authorized to
levy a tax not exceeding......... cents per one hundred dollars assessed
valuation for general operating purposes?

5. The return shall be certified to the circuit court having jurisdiction
in the cause, and said court shall thereupon enter its order canvassing
said returns and declaring the result of such election. If upon such
canvass and declaration it is found and determined that a majority of the
voters of the district voting on the question shall have voted in favor
of the question, the court shall enter its further order declaring the
decree of incorporation to be final and conclusive. In the event,
however, that the court shall find the majority shall not have voted in
favor of the question the court shall enter its further order declaring
said decree of incorporation to be void and of no effect.

6. If the court enters an order declaring the decree of incorporation to
be final and conclusive, it shall at the same time designate the first
board of directors of said district from among the names of the voters
who have been named in one or more petitions filed in said cause. The
court shall designate and the decree shall contain the appointment of two
of such directors to serve for a term ending three years after the next
succeeding second Tuesday in April, two of such directors to serve for a
term ending three years after the next succeeding second Tuesday in
April, two of such directors to serve for a term ending two years after
the next succeeding second Tuesday in April, and one of such directors to
serve for a term ending one year after the next succeeding second Tuesday
in April. The directors thus appointed by the court shall serve for the
terms thus designated and until their successors shall have been
appointed or elected as provided in section 247.430.

7. The court shall at the same time enter an order of* record declaring
the result of the submission of the question to determine the maximum
rate of levy of the district, and shall set forth the amount beyond which
the board shall not thereafter have power to order a levy except as
otherwise provided in section 247.460 and which levy in no event shall
exceed the sum of twenty-five cents on the one hundred dollar assessed
valuation. (L. 1949 p. 350 § 12, A.L. 1978 H.B. 971)

*Word "or" appears in original rolls.

If a final order be entered establishing the district, such
order shall be deemed final and conclusive, and no appeal or writ of
error shall lie therefrom, and the entry of such order shall finally and
conclusively establish the regular organization of said district against
all persons except the state of Missouri, in an action in the nature of a
writ of quo warranto, commenced by the attorney general within thirty
days after said decree declaring such district finally organized as
herein provided and not otherwise. The organization of such district
shall not be directly or collaterally questioned in any suit, action or
proceeding except as herein expressly authorized. (L. 1949 p. 350 § 13)

Within thirty days after the final order of the circuit court
which has declared the district a public corporation, the circuit clerk
of said court shall transmit to the secretary of state and to the county
clerk and the recorder of deeds in the county in which the district is
located copies of the findings and decrees of the court incorporating
said district. The same shall be filed in the same manner as articles of
incorporation are required to be filed under the general laws concerning
corporations and the recorder and clerk shall receive a fee of one dollar
each for filing and preserving the same. (L. 1949 p. 350 § 14)

Whenever a district has been declared duly and finally
organized, the members of the board shall qualify by filing with the
circuit clerk their oath of office, which shall be in the form prescribed
by the constitution, and such board members shall also file with the
circuit clerk corporate surety bonds to be furnished at the expense of
the district in an amount not to exceed one thousand dollars each, the
form and amount thereof to be fixed and approved by the circuit court
having jurisdiction, and said bonds to be conditioned for the faithful
performance of their duties as directors. (L. 1949 p. 350 § 15)

After taking their oaths and filing their bonds, the board shall
choose one of its members as chairman of the board and president of the
district, and shall elect a secretary and treasurer of the board and of
the district, who may or may not be members of the board. The secretary
and the treasurer may be one person. Such board shall adopt a seal, and
the secretary shall keep in a well-bound book a record of all its
proceedings, minutes of all meetings, certificates, contracts, bonds
given by employees and a record of corporate acts, which shall be open to
inspection of all owners of property in the district, as well as to all
other interested parties. (L. 1949 p. 350 § 16)

The treasurer shall keep strict and accurate accounts of all
money received by and disbursed for and on behalf of the district in
permanent records. He shall file with the clerk of the court, at the
expense of the district, a corporate fidelity bond in an amount to be
determined by the board for not less than five thousand dollars,
conditioned on the faithful performance of the duties of his office. He
shall file in the office of the recorder of deeds a detailed financial
statement for the preceding fiscal year of the district on behalf of the
board during the month of January. The fiscal year of the board shall be
the same as the calendar year. (L. 1949 p. 350 § 17)

Each member of the board shall receive an attendance fee in the
amount of five dollars for attending each regularly called board meeting,
but shall not be paid for attending more than two in any calendar month.
Each member of the board shall be reimbursed for his actual expenditures
in the performance of his duties on behalf of the district. The secretary
and the treasurer shall be paid such a monthly salary as may be fixed by
the board. The circuit court having jurisdiction over the district shall
have power to remove directors or any of them for good cause shown upon a
petition, notice and hearing. (L. 1949 p. 350 § 18)

The board shall meet at the place to be designated by the board
as often as the needs of the district require on notice to each member of
the board. The board shall cause to be made an annual audit of the
receipts and expenditures of the district, by a certified public
accountant, the cost of said audit to be paid by the district. Four
members of the board shall constitute a quorum at any meeting. Any
vacancy on the board shall be filled by the remaining member or members
of the board, the appointee or appointees to act until the next regular
election at which directors are elected as herein provided, when vacancy
or vacancies shall be filled by election. If the board shall fail,
neglect or refuse to fill any vacancy within thirty days after the same
occurs, the court having jurisdiction shall fill such vacancy. (L. 1949
p. 350 § 19)

On the expiration of terms of members of the first board of
directors as set forth in section 247.350, elections shall be held as
provided herein and directors elected by the voters of the district for a
term of three years. Nominations may be filed with the secretary of the
board. The candidates for the board members shall be elected on a
nonpartisan ballot. The candidates receiving the most votes shall be
elected. Any new member of the board shall qualify in the same manner as
the members of the first board qualify. (L. 1949 p. 350 § 20, A.L. 1978
H.B. 971)

For the purpose of providing a water supply for the public water
supply districts, cities, towns, villages and other political
subdivisions within the district, the district and, on its behalf, the
board shall have the following powers, authorities and privileges:

(1) To have perpetual existence;

(2) To have and use a corporate seal;

(3) To sue and be sued, and be a party to suits, actions and proceedings;

(4) To enter into contracts, franchises and agreements with any person,
partnership, association or corporation, public or private, affecting the
affairs of the district, including contracts with any municipality,
district, or state, or the United States, and any of their agencies,
political subdivisions or instrumentalities, for the planning,
development, construction, acquisition or operation of any public
improvement or facility, or for a common service, relating to the
furnishing of a water supply to the constituent governmental unit;
providing, that a notice shall be published for bids on all construction
or purchase contracts for work or material or both, except the authority
contained in subdivision (9) below, involving an expense of two thousand
dollars or more;

(5) Upon the approval of the necessary number of qualified electors, as
herein provided, to borrow money and incur indebtedness and evidence the
same by certificates, notes or debentures, and to issue bonds, either
general obligation or special bonds, in accordance with the provisions of
sections 247.230 to 247.670; whenever any indebtedness has been incurred
by a district, it shall be lawful for the board to levy taxes and collect
revenue for the purpose of creating a reserve fund in such amount as the
board may determine to meet the obligations of the district;

(6) To acquire, dispose of and encumber real and personal property, water
wells, pumping stations and other water supply facilities, and fire
hydrants and any interest therein, including leases and assessments; to
build, acquire by purchase or otherwise, enlarge, improve, extend and
maintain a system of water works;

(7) To refund any bonds, either general obligation or special revenue of
the district without an election. The terms and conditions of refunding
bonds shall be substantially the same as those of the original issue of
bonds, and the board shall provide for the payment of interest at not to
exceed the legal rate, and the principal of such refunding bonds in the
same manner as is provided for the payment of interest and principal of
bonds refunded;

(8) To have the management, control and supervision of all the business
and affairs of the district, and the construction, installation,
operation and maintenance of district improvements therein;

(9) To hire and retain agents, employees, engineers and attorneys;

(10) To have and exercise the power of eminent domain and in the manner
provided by law for the condemnation of private property for public use
to take any property within the district necessary to the exercise of the
powers herein granted;

(11) To receive and accept by bequest, gift or donation any kind of
property;

(12) To adopt and amend bylaws and any other rules and regulations not in
conflict with the constitution and laws of this state, necessary for the
carrying on of the business, objects and affairs of the board and of the
district, and to refer to the proper authorities for prosecuting any
infraction thereof detrimental to the district;

(13) To fix rates for the sale of water and provide for the collection of
said rates. The rates or charges so fixed shall, at all times, be
reasonable, but in determining the reasonableness of rates or charges,
the board shall take into consideration the sum or sums required to
retire outstanding special obligation bonded indebtedness of the district
and the interest accruing thereon, the need for the extension of mains,
repairs, depreciation, enlargement of plant, adequate service,
obsolescence, overhead charges, operating expenses and the need of an
operating fund out of which the district may protect itself in
emergencies and out of which the incidental expenses of the district may
readily be met;

(14) To lay mains in public highways, roads, streets and alleys included
in the district, but the same shall be done under reasonable rules and
regulations of governmental bodies having jurisdiction of such public
places. This shall apply to maintenance and repair jobs. In the
construction of ditches, laying of mains, filling of ditches after mains
are laid, connection of service pipes and repairing of lines, due regard
must be taken of the rights of the public in its use of thoroughfares and
the equal rights of other utilities thereto;

(15) To have and exercise all rights and powers necessary or incidental
to or implied from the specific powers granted herein. Such specific
powers shall not be considered as a limitation upon any power necessary
or appropriate to carry out the purposes of sections 247.230 to 247.670.
(L. 1949 p. 350 § 21)

1. The board of directors of any metropolitan water supply
district may petition the circuit court of the county containing the
major part of the acreage in the district for an amended decree of
incorporation to allow that district to engage in the construction,
maintenance and operation of common sewer treatment facilities which
serve ten or more separate properties and are located wholly within the
district and are not operated by another political subdivision or are not
located within the certificated area of a sewer corporation as defined in
chapter 386, RSMo, or within a common sewer district as defined in
chapter 204, RSMo, and the operation and maintenance of all such existing
sewer treatment facilities. The petition shall be filed by the board of
directors and all proceedings shall be in the same manner as in an action
for initial formation of a metropolitan water supply district except that
no vote of the residents of the district shall be required.

2. If the decree is amended the district shall, within ninety days after
the order amending the decree, begin operation of the existing facilities
which it has acquired by gift or otherwise and shall establish and
collect user charges to be determined and established in the same manner
as water rates.

3. All applicable provisions of sections 247.230 to 247.670 shall apply
to the construction, operation and maintenance of common sewer facilities
in the same manner as they apply to like functions relating to water
supply. (L. 1990 S.B. 747)

The board shall have the power and authority to order the levy
and collection of ad valorem taxes as provided in sections 247.230 to
247.670 on and against all taxable tangible property within the district,
and to make timely demand and to sue and collect any and all other taxes,
contributions or allocations to which the district may be entitled. (L.
1949 p. 350 § 22)

To levy and collect taxes as herein provided, the board shall in
each year determine the amount of money necessary to be raised by
taxation, and shall fix a rate of levy which, when levied upon every
dollar of the taxable tangible property within the district as shown by
the last completed assessment, and with other revenues, will raise the
amount required by the district annually to supply funds for paying the
expenses of organization and the costs of acquiring, supplying and
maintaining the property, works and equipment of the district, which rate
of levy shall not exceed fifteen cents on the one hundred dollars
valuation unless approved by a vote of a majority of the voters of the
district voting as provided herein, and which, in any event, shall not
exceed twenty-five cents on the one hundred dollars valuation; and in
addition thereto, shall make a levy to promptly pay in full when due all
interest on and principal of general obligations of the district; and in
the event of accruing defaults or deficiencies, an additional levy may be
made as provided herein. (L. 1949 p. 350 § 23, A.L. 1978 H.B. 971)

1. On or before the first day of May of each year, the board
shall certify to the county commission of the county within which the
district is located a rate of levy so fixed by the board as provided by
law, with directions that at the time and in the manner required by law
for levy of taxes for county purposes such county commission shall levy a
tax at the rate so fixed and determined upon the assessed valuation of
all the taxable tangible property within the district, in addition to
such other taxes as may be levied by such county commission.

2. If the board thereafter in any year fixes and determines by resolution
of the board a rate of levy in excess of fifteen cents per one hundred
dollars valuation or of the rate approved by a vote of the majority of
the voters of the district voting thereon, as provided herein for general
purposes, then the board shall order the submission of the question of
levying a tax rate in such increased amount to the voters of the district
in the same manner so far as practicable as is provided for the
submission of the question to create a bonded indebtedness. Such
resolution of the board shall also fix the date upon which the election
is to be held.

3. The question shall be submitted in substantially the following form:

Shall the ......... metropolitan water supply district be authorized to
levy an annual rate of taxation not exceeding ......... cents per one
hundred dollars assessed valuation for general operating purposes? (L.
1949 p. 350 § 24, A.L. 1978 H.B. 971)

If it shall appear to the board from the returns that a majority
of the voters voting thereon shall have voted in favor of such question,
the board shall, on or before the first day of May and each year
thereafter, certify to the county commission as provided in section
247.470 a rate of levy for general purposes of the district, which shall
not be in excess of the rate so approved by the voters of the district as
herein provided. If it shall appear to the board from the results that a
majority of the voters voting thereon shall not have voted in favor of
such question, then the board shall certify to the county commission at
such time a rate not in excess of that previously approved by a vote of
the majority of the voters of the district voting thereon, or not
exceeding fifteen cents on one hundred dollars valuation, whichever is
higher. (L. 1949 p. 350 § 25, A.L. 1978 H.B. 971)

The board in certifying annual levies as herein provided shall
take into account, in addition to the amounts necessary for general
purposes as herein provided, the maturing indebtedness for the ensuing
year as provided in its bonds and the interest on bonds, and deficiencies
and defaults of prior years, and shall make ample provision for the
payment thereof. In case the moneys produced from such levies, together
with other revenues of the district are not sufficient to pay punctually
the annual installments on its bonds and the interest thereon, and to pay
any defaults and deficiencies, then the board shall provide for such
additional levying of taxes as may be necessary to pay for all such, and
notwithstanding any limitations, such taxes shall be continued to be
levied until the indebtedness of the district shall be fully and
currently paid. (L. 1949 p. 350 § 26)

It shall be the duty of the body having authority to levy taxes
within the county to levy the taxes provided in sections 247.230 to
247.670, and it shall be the duty of all officials charged with the duty
of collecting taxes to collect such taxes at the time and in the form and
manner and with like interest and penalties as other taxes are collected;
and when collected, to pay the same to the district ordering its levy and
collection or entitled to the same, and the payment of such collections
shall be made monthly to the treasurer of the district and paid into the
depositary thereof to the credit of the district. All taxes levied under
sections 247.230 to 247.670, together with interest thereon and penalties
for default in payment thereof, and all cost of collecting the same,
shall until paid, constitute a lien on and against the property taxed,
and such lien shall be on a parity with the tax lien of general taxes,
and no sale of such property to enforce any general tax or other lien
shall extinguish the lien of district taxes. (L. 1949 p. 350 § 27)

If the taxes levied are not paid as herein provided, then the
delinquent real property shall be sold at the regular tax sale for the
payment of said taxes, interest and penalties, in the manner provided by
the statutes of the state of Missouri for selling property for the
nonpayment of general taxes. If there are no bids at said tax sale for
the property so offered, said property shall be struck off to the county
or other agency provided by law, and the county or agency shall account
to the district in the same manner as provided by law for accounting for
school, town and city taxes. Delinquent personal property shall be
distrained and sold as provided by general law. (L. 1949 p. 350 § 28)

1. The boundaries of any district organized under the provisions
of sections 247.230 to 247.670 may be changed in the manner herein
prescribed; but any change of boundaries of the district shall not impair
or affect its organization or its rights in or to property, or any of its
rights or privileges whatsoever, nor shall it affect or impair or
discharge any contract, obligation, lien or charge for or upon which it
might be liable or chargeable had any change of boundaries not been made.

2. The owners of real property in a county contiguous with a metropolitan
water supply district organized under sections 247.230 to 247.670 may
file with a board a petition in writing praying that such real property
be included within the district. The petition shall describe the property
owned by the petitioners, and shall be deemed to give assent of the
petitioners, to the inclusion in said district of the property described
in the petition; and such petition must be acknowledged in the same
manner that conveyances of land are required to be acknowledged.

3. The secretary of the board shall cause notice of the filing of such
petition to be given and published in the county in which the property is
located, which notice shall recite the filing of such petition, the names
of the petitioners, the description of the lands sought to be included
and the prayer of the petitioners; giving notice to all persons
interested to appear at the office of the board at the time named in said
notice and show cause in writing why the petition should not be granted.

4. The board shall at the time and place mentioned, or at such time or
times to which the hearing may be adjourned, proceed to hear the petition
and all objections thereto presented in writing by any person showing
cause why said petition should not be granted. The failure of any person
interested to show cause in writing why said petition shall not be
granted shall be deemed as an assent on his part to the inclusion of said
lands in the district.

5. If the petition is granted, the board shall make an order to that
effect and file the same with the circuit clerk; and upon the order of
the court having jurisdiction over the district, said property shall be
included in the district, and thereafter a copy of the order of the board
and the order of the court shall be filed with the county clerk and
recorder. The circuit court having jurisdiction over the district shall
proceed to make any such order including such additional property within
the district as is provided in the order of the board, unless the court
shall find that such order of the board was not authorized by law or that
such order of the board was not supported by competent and substantial
evidence. (L. 1949 p. 350 § 29, A.L. 1976 H.B. 1386)

1. The owner or owners of any real or personal property
contained within the boundaries of the district may file with the board a
petition praying that such property be excluded and taken from said
district. Such petition shall describe the property which the petitioners
desire to have excluded; and must be acknowledged in the same manner and
form as required in case of a conveyance of land, and be accompanied by a
deposit of money sufficient to pay all costs of the exclusion proceedings.

2. The secretary of the board shall cause a notice of filing of such
petition to be published in the county in which said property is located.
The notice shall state the filing of such petition, the names of
petitioners, description of the property mentioned sought to be excluded
and the prayer of said petitioners; and it shall notify all persons
interested to appear at the office of said board at the time named in
said notice, showing cause in writing why said petition should not be
granted.

3. The board at the time and place mentioned in the notice, or at the
time or times at which the hearing of said petition may be adjourned,
shall proceed to hear the petition and all objections thereto presented
in writing by any person showing cause as aforesaid, why the prayer of
the petition should not be granted. The filing of such petition shall be
deemed and taken as an assent by each and all such petitioners to the
exclusion from the district of the property mentioned in the petition, or
any part thereof.

4. The board, if it deems it not for the best interests of the district
that the property mentioned in the petition, or any portion thereof,
shall be excluded from the district, shall order that said petition be
denied, but if it deems it for the best interest of the district that the
property mentioned in the petition, or some portion thereof, be excluded
from the district, then the board may order the property mentioned in the
petition or some portion thereof, excluded from the district. Upon
allowance of such petition, the board shall file a certified copy of the
order of the board making such changes with the circuit clerk; and upon
order of the court said property shall be excluded from the district, and
a copy of the order of the board and the order of the court shall be
filed with the county clerk and recorder.

5. The circuit court having jurisdiction over the district, shall make
any such order excluding the property from the district as provided in
the order of the board, unless the court shall find that such order of
the board was not authorized by law, or that such order of the board was
not supported by competent and substantial evidence. (L. 1949 p. 350 § 30)

All real property included within, or excluded from, a district
shall thereafter be subject to the levy of taxes for the payment of any
indebtedness of the district outstanding at the time of inclusion or
exclusion; provided, however, that after any real property shall have
been excluded from a district, as provided in section 247.530, any
buildings and improvements thereafter erected or constructed on said
excluded real property, and all machinery and equipment thereafter
installed or placed therein or thereon, and all tangible personal
property not in said district at the time of the exclusion of said real
property from said district which shall thereafter be situate on or used
in connection with said real property, shall not be subject to any taxes
levied by said district. (L. 1949 p. 350 § 31)

1. Any district organized hereunder shall have power to borrow
money for any of the purposes provided for in sections 247.230 to
247.670, and to issue bonds therefor. In such event the board of
directors shall proceed substantially as follows:

(1) The board shall adopt a resolution reciting the necessity for the
borrowing of money, the amount of money necessary to be raised, the
purposes thereof, the amount and type or character of bonds to be issued.

(2) Such resolution shall also fix the date of an election to be held for
the purpose of testing the sense of the voters of the district on the
question to borrow money and issue bonds in evidence thereof.

(3) Such resolution may submit at such election a proposal to issue
general obligation bonds or special revenue obligation bonds, or both.
Districts organized under the provisions of sections 247.230 to 247.670
may issue either general obligation bonds or special revenue obligation
bonds provided that the type or character of bonds to be issued shall be
determined by the board of directors in advance of calling the bond
election and shall be stated in the notice of election as herein provided.

2. If the question is to issue general obligation bonds, it must be
assented to by two-thirds of the voters of the district voting on the
question; if the question is to issue special revenue obligation bonds,
it must be assented to by four-sevenths of the voters on the question.
(L. 1949 p. 350 § 32, A.L. 1978 H.B. 971)

General obligation bonds, within the meaning of sections 247.230
to 247.670, shall be bonds issued within the limitations of indebtedness
prescribed under section 26 of article VI of the Constitution of Missouri
for payment of which, both principal and interest, a direct tax may be
levied upon all taxable tangible property within the district. Before or
at the time of issuing general obligation bonds, the board shall provide
for the collection of an annual tax to be levied upon all taxable
tangible property within the district sufficient to pay the interest and
principal of the indebtedness as they fall due and to retire the same
within twenty years from the date contracted. The net income and revenue
arising from the operation of the water supply system of such district,
after providing for costs of operation, maintenance, depreciation and
necessary extensions and enlargements, shall be transferred to and become
a part of the interest and sinking fund applicable to such general
obligation bonds, unless or until such net revenues are pledged to the
payment of special obligation bonds as herein provided. (L. 1949 p. 350 §
33)

Special revenue obligation bonds, within the meaning of sections
247.230 to 247.670, shall be bonds payable, both as to principal and
interest, wholly and only out of the net income and revenues arising from
the operation of the water supply system of the district, after providing
for costs of operation, maintenance, depreciation and necessary
extensions and enlargements, and such bonds shall not be deemed to be
indebtedness of the district within the meaning of any constitutional or
statutory limitation upon the incurring of indebtedness. Before or at the
time of issuing any special revenue obligation bonds, the board shall
pledge such net income and revenues to the payment of such bonds, both
principal and interest, and shall covenant to fix, maintain and collect
rates for water and water service supplied by such district so as to
assure that such net income and revenues will be sufficient for the
purpose herein required. The board may make such other covenants as may
be appropriate for the purpose of protecting and safeguarding the
revenues of the district and the payment of such special revenue
obligation bonds. (L. 1949 p. 350 § 34)

All general obligation bonds, issued under the provisions of
sections 247.230 to 247.670 shall be payable serially, beginning not more
than five years after date they bear, and the last installment thereof
shall be payable not more than twenty years after such date. All revenue
bonds issued under the provisions of sections 247.230 to 247.670 shall be
payable serially, beginning not more than five years after the date they
bear, and the last installment thereof shall be payable not more than
thirty years after such date. Such bonds shall bear a rate of interest
not exceeding six percent per annum, payable semiannually, shall be
executed by the president of the board, attested by the secretary of the
board, under the seal of the district, and shall be of such denomination
as the board of directors may determine. (L. 1949 p. 350 § 35)

During the period of time required to collect any tax or
property within the district levied for general operating purposes the
board may issue and sell current revenue bonds to bear interest at not to
exceed six percent per annum to meet the current expenses of the district
incurred in advance of the revenue to be derived from such tax levy, and
to be paid out of such current revenue levied for general operating
purposes when collected. Such bonds may be for six, nine or twelve months
and shall not exceed in the aggregate one-half of the revenue for the
fiscal year for which they are issued. The president of the board shall
execute the bonds on behalf of the district and they shall be attested by
the secretary with the seal of the district. (L. 1949 p. 350 § 36)

1. Regular elections shall be held on municipal election days.

2. Returns of elections, except as herein otherwise provided, shall be
made to the board of directors, shall be canvassed by said board, and the
results spread upon the records of the district. (L. 1949 p. 350 § 37,
A.L. 1978 H.B. 971)

Whenever a petition signed by not less than one hundred voters
in any district organized under the provisions of sections 247.230 to
247.670 shall have been filed with the circuit court having jurisdiction
over said district, setting forth all relevant facts pertaining to said
district, and alleging that the further operation of said district is
inimicable to the best interests of the inhabitants of said district, and
that said district should, in the interest of the public welfare and
safety, be dissolved, said circuit court shall have authority, after
hearing evidence submitted on the aforesaid question, to order a
submission of the question, which shall be submitted in substantially the
following form:

Shall the ......... metropolitan water supply district be dissolved? (L.
1949 p. 350 § 39, A.L. 1978 H.B. 971)

1. If the court shall find that it is to the best interest of
the inhabitants of said district that such district be dissolved, it
shall make an order reciting the same and providing for the submission of
the question to the voters of the district.

2. Such election may be held only on municipal election days. Returns of
said election shall be canvassed and certified to the court.

3. If the court finds that two-thirds of the voters voting thereon shall
have voted in favor of the question to dissolve said district, the court
shall make a final order dissolving said district, and the decree shall
contain a proviso that said district shall continue in full force for the
purpose of paying all outstanding and lawful obligations and disposing of
property of the district; but no additional costs or obligations shall be
created except such as are necessary to pay such costs, obligations and
liabilities theretofore incurred, or necessary to the winding up of the
district.

4. If the court shall find that two-thirds of the voters of the district
voting thereon shall not have voted favorably on the question to dissolve
such district, then the court shall make a final order declaring such
result dismissing the petition praying for the dissolution of said
district; and the said district shall continue to operate in the same
manner as though said petition asking for such dissolution had not been
filed. (L. 1949 p. 350 § 40, A.L. 1978 H.B. 971)

No dissolution of such district shall invalidate or affect any
right accruing to the district, or to any person, or invalidate or affect
any contract or indebtedness entered into or imposed upon the district or
person; and whenever the circuit court shall, under the provisions of
section 247.630, dissolve any such district, the court shall appoint some
competent person to act as trustee for the district dissolved, and such
trustee before entering upon the discharge of his duties shall take and
subscribe to an oath that he will faithfully discharge the duties of his
office, and shall give bond with sufficient security, to be approved by
the court, to the use of such dissolved district, for the faithful
discharge of his duties, and shall proceed to liquidate the district
under orders of the court. (L. 1949 p. 350 § 41)

In any and every case where a notice is provided for in sections
247.230 to 247.670, if the court finds for any reason that due notice was
not given, the court shall not thereby lose jurisdiction, and the court
shall in that case order due notice to be given, and shall continue the
hearing until such time as notice shall be properly given, and thereupon
shall proceed as though notice has been properly given in the first
instance. (L. 1949 p. 350 § 42)

All cases in which there may arise a question of the validity of
the organization of a district, or a question of the validity of any
proceeding under sections 247.230 to 247.670, shall be advanced on the
docket as a matter of immediate public interest and concern, and heard at
the earliest practicable moment. The courts shall be open at all times
for the purposes of sections 247.230 to 247.670. (L. 1949 p. 350 § 43)

No metropolitan water supply district created under sections
247.230 to 247.670 shall sell water directly or indirectly to any area
nor municipality or political subdivision not included in the legally
constituted boundaries of said metropolitan water supply district. (L.
1949 p. 350 § 44)

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