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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter : Chapter 248 Sanitary Drainage Districts--Cities Over 300,000 Inhabitants and
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1. Whenever the construction and maintenance of a common outlet
or channel or of a system of drains or sewers for the drainage of any
area in the state of Missouri shall become necessary to secure proper
sanitary conditions for the preservation of the public health, if such
area shall lie in part within and in part without the corporate limits of
any city having a population of three hundred thousand or more, said area
may be established and incorporated as a sanitary district under this
chapter in the manner following, to wit: The mayor and assembly of the
city or the county commission of the county within whose limits any part
of such area may lie, or in case the area is situated in part in a city
authorized to perform all the functions of a county and part in a county,
both the mayor and assembly and the county commission may petition the
circuit court or courts having jurisdiction for the appointment of
commissioners as herein provided, and to take such further action as may
be necessary to the submission to the legal voters resident in such area,
of the question whether such area shall be organized and incorporated as
a sanitary district under this chapter.
2. Such petition or petitions, which may be in the form of an ordinance
of the city or order of the county commission, shall set forth a
description in general terms of the territory to be embraced in, and
suggest a name for, the proposed sanitary district. (RSMo 1939 § 12476)
Prior revisions: 1929 § 10886; 1919 § 4581; 1909 § 5687
1. The circuit court or courts so petitioned are hereby
authorized to appoint three disinterested persons, one of whom shall be a
civil engineer or surveyor, as commissioners to lay out and define the
boundaries of the proposed sanitary district.
2. Said commissioners may alter or amend the boundaries of the proposed
district, as set forth in the petition or petitions, so that it may
embrace all of the area capable of being efficiently drained by the
common outlet or channel, or by the system of sewers or drains, or so as
to exclude from the sanitary district any part of the natural drainage
area which is so situated as not to be benefited by the proposed sanitary
drainage, and for this purpose they shall have power to have made all
surveys and maps necessary to locate and describe the said boundaries.
3. Said commissioners shall qualify by taking oath to faithfully and
impartially perform their duties, and when so qualified shall give notice
by publication at least five times, in one or more newspapers having a
general circulation in the proposed district, of the time and place where
they will meet to consider and establish said boundaries. Said notice
shall be given at least twenty days prior to the meeting and the meeting
place shall be in the courthouse of the county, or city hall of the city.
4. At the meeting the commissioner first named in the order of
appointment shall preside, and all persons residing or owning real
property in such proposed district, or adjacent thereto, shall have the
right to be heard as to the location of the boundaries of such proposed
district; and the commissioners or a majority of them after such hearing
shall fix and determine the boundaries of the proposed district.
5. The commissioners may adjourn from day to day until the hearing shall
be complete, and for their services shall receive ten dollars per day
each, for each day of actual service. They may employ a competent person
as stenographer and clerk, whose compensation shall be five dollars per
day. (RSMo 1939 § 12477)
Prior revisions: 1929 § 10887; 1919 § 4582; 1909 § 5688
The commissioners shall make their report, accompanied by a map
or plan showing the boundaries of the proposed district, in relation to
the property lines intersected or followed by them, also in relation to
city or county boundaries, to the court or courts by which they were
appointed. Said report and map, if approved by the court or courts, shall
then be filed in the office of the recorder of deeds for the county or
counties, or city, in which the proposed district is situated, and copies
of the map with the mayor of the city and with the county commission of
the respective county or counties. (RSMo 1939 § 12477)
Prior revisions: 1929 § 10887; 1919 § 4582; 1909 § 5688
1. It shall then be the duty of said mayor and county commission
or courts to submit to the voters of the proposed district the question
of the organization and incorporation of the proposed sanitary district,
with boundaries as determined by the said commissioners and approved by
the said court or courts, at an election.
2. The returns of the vote, certified to under oath by those who receive
and count the vote, shall be made to the secretary of state of the state
of Missouri, who shall ascertain and declare the result.
3. The question shall be submitted in substantially the following form:
Shall a sanitary drainage district be organized and incorporated?
4. If a majority of the votes cast shall be in favor of organization of
the district, such proposed district shall thenceforth be deemed an
organized sanitary district under this chapter. (RSMo 1939 § 12477, A.L.
1978 H.B. 971)
Prior revisions: 1929 § 10887; 1919 § 4582; 1909 § 5688
1. When the board of trustees provided for in section 248.070
shall be appointed and organized, such sanitary district shall be
considered in law and equity a body corporate and politic, known by the
name and style of "The Sanitary District of .........", and by such name
and style may sue and be sued, contract and be contracted with, acquire
and hold real estate and personal property necessary for corporate
purposes, and adopt a common seal.
2. All courts in this state shall take judicial notice of the existence
of all sanitary districts organized under this chapter.
3. If the proposition to establish the sanitary district is carried, the
cost of all preliminary proceedings shall be borne by the district; if it
is defeated, all costs of court, of commissioners and of the election
shall be borne by the city and county, if of independent jurisdiction,
each being liable for all expenses in regard to proceedings under its
petitions. If its jurisdiction is single, the county commission shall pay
for all said expenses. (RSMo 1939 § 12477)
Prior revisions: 1929 § 10887; 1919 § 4582; 1909 § 5688
When a natural drainage area includes territory lying in part in
a county and in part in a city exercising the functions of a county, or
in two or more counties, then the proceedings herein prescribed in
sections 248.010 to 248.050 shall state that the proposition is to unite
the parts so situated in independent jurisdictions into a single sanitary
district; and if the proposition is carried by a majority vote in each of
the parts, then the district shall be united and organized as described
in said proceedings, and the circuit court having jurisdiction over the
major part of the area included in the district so organized, shall have
and is directed to exercise jurisdiction in all cases or questions
arising out of the organization of the district, or from the acts of the
board of trustees thereof. (RSMo 1939 § 12477)
Prior revisions: 1929 § 10887; 1919 § 4582; 1909 § 5688
1. The board of trustees for the sanitary district shall be
constituted as follows: The county commission shall appoint one; the
mayor of the city, with the approval of the higher branch of the
legislative department of the city government, shall appoint one; and the
court having jurisdiction over the whole or major part of the territory
embraced in the district, as shown by the map thereof, shall appoint one,
who shall be a civil engineer of good repute in his profession, and a
recognized expert in matters of drainage. The appointee of the circuit
court shall be the president of the board, and its executive officer.
2. For their services the trustees shall receive salaries proportioned to
the actual services rendered the district; the amount of salaries in each
case shall be fixed on a per diem basis by the circuit court which
appoints the third member, as before provided.
3. If more than one sanitary district be organized with territory common
to the same city and county or counties, the same persons may be
appointed as trustees for any or all such districts.
4. The official, county commission or court appointing the trustee shall
have the power to appoint a successor when any vacancy occurs by reason
of death, resignation, or removal from office or expiration of term. He
or it may also remove such appointee for cause.
5. The term of office of the first appointee of the circuit court shall
be three years; that of the county commission two years, and that of the
mayor one year. Subsequent terms shall all be for three years, always
subject to the condition that the board of trustees may be abolished, as
provided in section 248.180.
6. The board of trustees shall have power to elect a clerk, chief
engineer and attorney, and to employ from time to time such other persons
as may be necessary, and to remove and discharge them at its pleasure; to
fix the compensation of such appointees or employees, and to require them
to give bond for the faithful performance of their duties; provided, that
no salary so paid, calculated on per diem basis, shall exceed the per
diem allowed the president of the board. (RSMo 1939 § 12478)
Prior revisions: 1929 § 10888; 1919 § 4583; 1909 § 5689
Said board of trustees shall have power to pass all necessary
rules and regulations for the proper management and conduct of the
business of said board of trustees, and of said corporation, and for the
carrying into effect the objects for which such sanitary district is
formed. (RSMo 1939 § 12479)
Prior revisions: 1929 § 10889; 1919 § 4584; 1909 § 5690
1. It shall be the duty of the board of trustees to make the
necessary surveys, and to map out and define the several natural drainage
areas in the district, and to lay out a general plan for the drainage
thereof; besides the main outlet or outlets, the plan shall embrace
branches or submains, necessary for a complete system of principal drains
for the entire district. Branch or submains to be paid for out of the
general revenue of the district shall not be extended beyond the point at
which they will receive the drainage of an area of less than eight
hundred acres. Outlets and the larger branches or submains may be open
channels, whose general course shall be followed by intercepting sewers,
to collect and convey sewage or polluted drainage. The board shall also
subdivide the district into convenient subdistricts, not larger than one
thousand acres in extent, within which the sewers or drains necessary to
complete the drainage shall be constructed at the expense of the
subdistrict, as provided in section 248.160.
2. When such plans are complete for a definite district or subdistrict,
the board of trustees shall adopt them by ordinance, and such ordinance,
when published in one or more newspapers having general circulation in
the sanitary district, shall be binding upon all persons, corporations
and municipalities; and nothing shall be done affecting the drainage of
any part of the district, other than ordinary farm or agricultural
drains, by any person, corporation or municipality inconsistent with such
plans or without the permission of said board of trustees. (RSMo 1939 §
12482)
Prior revisions: 1929 § 10892; 1919 § 4587; 1909 5693
CROSS REFERENCES: Contractual agreements between political subdivisions
for common facilities or services, RSMo 70.210 to 70.320 County planning
commission, approval of public improvements after adoption of plan, RSMo
64.050 to 64.235
1. If, in the judgment of the board of trustees, it is necessary
to acquire rights-of-way or easements for drainage purposes through
private property, it shall, by ordinance duly certified, call upon the
authority of the city or county having the right to cause the
condemnation of private property for public use, to procure such
rights-of-way or easements by due process of law; or said board may
obtain the same by purchase, gift or otherwise. All costs of proceedings
and damages allowed shall be paid out of the special drainage fund in the
treasury of the city or county in which the property taken is situated.
2. The board of trustees of such drainage district, if it be necessary to
cross, follow or traverse public streets, roads or alleys, or grounds
held or used as public parks or places, shall have the right to do so
upon the following conditions: The board of trustees shall file with the
county commission or mayor of the city having immediate jurisdiction over
the street, road, alley or public park or place, a map showing the
location and extent of the proposed occupancy for drainage purposes and a
plan of the proposed works, which plan shall be so made and arranged as
not to interfere with the ordinary and lawful use of said street, road,
alley, public park or place, except during a reasonable time for the
construction of the necessary works--said map and plan to be subject to
approval by the county commission or mayor of the city.
3. The entire expense of the works and restoration of the ground occupied
to its former condition, as near as may be, shall be borne by the
sanitary district. (RSMo 1939 § 12483)
Prior revisions: 1929 § 10893; 1919 § 4588; 1909 § 5694
1. The board of trustees for the sanitary district shall let
contracts for all work to be done, excepting in case of repairs or
emergencies requiring prompt attention, in the construction of channels,
drains or sewers, under the authority of this chapter, the expense of
which will exceed five hundred dollars, to the lowest responsible bidder
therefor, upon not less than twenty days' notice of said letting, given
by publication in a newspaper of general circulation in the district, and
in the discretion of the said board, in one or more newspapers of general
circulation among contractors. The said board shall have the power and
authority to reject any and all bids, and readvertise the work.
2. The board of trustees shall also have the power to enter into
agreements with persons, firms or corporations of known standing and
competence for the execution and preparation of the surveys, maps and
plans needed and required by the said board, and also for the laying out
and superintendence of work to be constructed under the authority of this
chapter; but no single agreement so made shall cover more than one piece
or class of work. (RSMo 1939 § 12485)
Prior revisions: 1929 § 10895; 1919 § 4590; 1909 § 5696
1. To provide means to carry into effect the objects for which
such sanitary district is formed, the lawful authorities in the city, and
the county commission in counties, in which sanitary districts may wholly
or in part be situated, shall levy and assess upon all the lands lying
within such sanitary district, exclusive of streets, roads and alleys
duly opened to public use, a uniform special drainage tax, to be fixed by
requisition and certified by ordinance of the board of trustees of such
sanitary district. And the mayor and assembly of said city are hereby
authorized and required to levy such special tax, in addition to the
amount they may be authorized to levy for general municipal purposes by
the charter of said city. And the county commission or commissions is
hereby authorized and required to levy such special tax, in addition to
the amount it may be authorized to levy for general county purpose. The
amount of such special tax in any year shall not exceed one-half of one
percent on the assessed and equalized valuation of such lands for that
year. No lands, other than streets, roads and alleys, shall be exempt
from said special tax, and if not valued and assessed for other purposes,
shall be valued and assessed for this. Such special tax shall be
collected and enforced by the same officers and in the same manner as
provided for state and county taxes.
2. The amounts collected shall be paid into the treasury of the city and
of the county or counties in which the collections are made, and be
credited to a special fund, called "The Drainage Fund of the Sanitary
District of .........", and shall be used for no other purpose than for
the payment of vouchers, drawn under the authority vested in the board of
trustees for the sanitary district, as specified in section 248.140.
(RSMo 1939 § 12480)
Prior revisions: 1929 § 10890; 1919 § 4585; 1909 § 5691
1. If, in the judgment of the board of trustees, the
construction of the whole or any part of the general plan adopted is an
urgent sanitary measure, and the means provided under section 248.120 are
insufficient to do the work as rapidly as may, in the judgment of said
board, be necessary, the said board may apply to the county commission or
commissions having jurisdiction for an order of said county commission or
commissions, authorizing the issue of bonds for the purpose of
anticipating the revenue of the sanitary district. The application shall
state the purpose, amount and all conditions of the proposed issue of
bonds.
2. Said county commission shall have the power, in its discretion, to
authorize the issue of such bonds, provided that the total amount
outstanding shall, at no time, exceed the anticipated revenue of the
sanitary district for the ten years next ensuing, computed on the basis
of a levy of one-half of one percent annually, upon the valuation for the
year in which the authority for issue is given. Bonds issued under the
authority of this chapter shall not run for a term exceeding twenty
years, nor bear a higher rate of interest than six percent per annum.
3. When bonds are so issued and sold, the special fund before described,
arising from tax collections, shall each year first be charged with the
interest falling due that year, and with a proportion of the total amount
of outstanding bonds, ascertained by dividing said total amount by the
number of years the bonds have to run, and the amount so ascertained
shall be set apart as a sinking fund to provide for the payment of
interest, and for the payment or purchase of said bonds.
4. The bonds issued under the authority of this chapter shall have a copy
of this section and of the order of the county commission printed on
their back, and shall be registered in the office of the secretary of
state of the state of Missouri.
5. The sinking fund above provided for shall each year be paid into the
treasury of the state, and payments therefrom for interest and principal
shall be made as provided in the case of bonds payable by the state of
Missouri.
6. The proceeds of bonds issued under the authority of this chapter shall
be deposited with the treasurer of the city, and shall be a special fund,
and be used for no purpose except the payment of vouchers for work done
or materials furnished for the construction of channels, drains and
sewers.
7. In case of appeal from the action of the court applied to as above
provided, the appeal shall be heard and determined as a privileged case
by the supreme court of the state of Missouri. (RSMo 1939 § 12484)
Prior revisions: 1929 § 10894; 1919 § 4589; 1909 § 5695
CROSS REFERENCES: Bond issues, proceeds and moneys for interest and
sinking funds to be kept separate, RSMo 108.180 to 108.210, 108.230
Refunding bonds authorized, payment of, RSMo 108.140 to 108.160
The board of trustees of sanitary districts shall have the power
to issue vouchers payable by the treasurer of the city or of the county
in which such sanitary district is wholly or in part situated, out of any
funds in such treasurer's hands to the credit of the special fund of the
sanitary district for the following named purposes, to wit:
(1) For the preliminary expenses incurred in organizing the district;
(2) For salaries and current expenses of the board, and salaries of its
employees;
(3) For making surveys, plans and superintendence of work;
(4) For the payment of judgments for damages and costs, or the agreed
price for right-of-way and easements;
(5) For payment of principal and interest of lawfully incurred
indebtedness; and
(6) For work done or materials furnished for the construction or
maintenance of channels, drains or sewers. (RSMo 1939 § 12481)
Prior revisions: 1929 § 10891; 1919 § 4586; 1909 § 5692
The lawful authorities of any city or incorporated town or
village, the county commission of any county, individual owners or
associations of such owners, shall have the right to construct sewers or
drains in sanitary districts, organized under this chapter, at their own
expense, but plans for such sewers and drains must conform to the plans
adopted by the board of trustees, and all such plans must be submitted to
and be approved by said board of trustees before any construction work is
done thereon. (RSMo 1939 § 12486)
Prior revisions: 1929 § 10896; 1919 § 4591; 1909 § 5697
1. When sewers are needed for the complete or sanitary drainage
of a subdistrict, being a part of a sanitary district not exceeding one
thousand acres in area, such sewers may be built by the board of trustees
created under this chapter if parts of the subdistrict so to be drained
be situated in different and independent jurisdiction; but, if such
subdistrict lie wholly within the limits of a single jurisdiction, then
the powers conferred by this section shall be vested in and exercised by
that jurisdiction. The board of trustees created in section 248.070 in
the case described above, otherwise the city, incorporated town or
village, or county commission, having jurisdiction over the subdistrict,
shall have the power, when petitioned so to do by a majority of the
resident taxpayers within the subdistrict described in the petition, or
upon a recommendation of a lawfully organized board of health, that the
complete or sanitary drainage of a certain described area in a
subdistrict is needed as a sanitary measure, to provide for the
construction of a complete system of sewers in such subdistrict or
convenient part thereof, and to assess the cost of such sewers upon the
property drained thereby as a special tax; said special tax shall be
uniform in the proportion that the area of each lot or parcel of ground,
taken to a distance not exceeding two hundred feet from the center line
of the sewer, bears to the whole area drained by the sewers for which
assessment is made.
2. Special tax bills shall be issued against each lot or parcel of ground
drained or drainable by the sewer, or the portion of such lot or parcel
lying within two hundred feet of the center line of such sewer or sewers.
Such special tax bills shall be a lien upon the property charged
therewith, as is provided for other special tax bills authorized by the
statutes of the state of Missouri; but if any owner of any lot or parcel
of ground assessable hereunder shall, within twenty days after the
passage of the ordinance or order for the construction of such sewers,
make written request that he be allowed to pay the special tax thereon by
installments, said special tax bills against the property described in
his request shall be divided, and portions made payable at certain dates
and in amounts named; but the time of payment shall not extend beyond
five years, nor the number of installments to more than five. Each
installment shall bear interest at the rate of six percent per annum from
date of issue of the special tax bill until due, and if not paid when due
the rate of interest shall thereafter be ten percent per annum. If any
installment remains unpaid for six months after it becomes due, then all
unpaid installments shall be deemed to have become due with it, and the
lien upon the property may be enforced for the whole amount unpaid,
together with interest thereon.
3. Said special tax bills shall be issued by the board of trustees and
authenticated by the seal of said board or by the authorities of the
city, in the manner other special tax bills are issued by said city. If
the sewers be built by the board of trustees, or a county commission, the
cost of engineering and superintendence shall be added to the cost of
construction, in ascertaining the amount to be assessed against the
property drained; but the cost of engineering and superintendence shall
not exceed ten percent of the cost of construction, as finally estimated.
If the sewers be built by the city, incorporated town or village, the
cost of engineering and superintendence shall be borne by such city,
incorporated town or village. The special tax bills shall be issued to
the contractors, or to persons rendering service or furnishing materials
in a subdistrict, under contract or agreement with the board of trustees,
or the competent authorities of the city, incorporated town or village,
or county commission, in full settlement for all sums that may be due,
arising from such contracts or agreements; but no claims shall be
entertained or allowed for payment in any other way than by the issue of
and delivery of such special tax bills. (RSMo 1939 § 12487)
Prior revisions: 1929 § 10897; 1919 § 4592; 1909 § 5698
CROSS REFERENCES: Delinquent taxes, districts may redeem bonds, when,
RSMo 140.380 Interest, penalty and costs on delinquent sewer taxes, RSMo
249.710 to 249.740
The board of trustees created by this chapter, or the
authorities of the city, town or village, or the county commission, shall
have the power to accept from private persons or corporations any sewers
or drains constructed by them before or after the organization of the
sanitary district, and to allow an equitable credit for such sewers or
drains; or to acquire the same by process of law if needed; provided,
that the sewers or drains accepted, in plans, materials and construction,
conform to the plans adopted and approved by the board for similar work
done by said board; and provided, in the case of acceptance, that the
amount allowed shall not exceed the amount assessable as a special tax
against the property drained thereby, under section 248.160. The title to
or ownership of such sewers or drains shall be considered as attaching to
all lands actually drained thereby in proportion to the areas of such
lands, and the credit shall be allowed to the owners of record. (RSMo
1939 § 12488)
Prior revisions: 1929 § 10898; 1919 § 4593; 1909 § 5699
When the object for which a sanitary district was organized is
accomplished by the completion of the main channel, drains or sewers,
contemplated and adopted in the general plan, and when the areas of
divided jurisdiction are drained or otherwise provided for (which facts
the circuit court for the district in which the whole or the major part
of the territory embraced in the district shall determine), then the
board of trustees of such sanitary district shall cease to exist at the
expiration of sixty days after the date of the decree of court expressing
such determination. But provision shall be made for the fulfillment of
all contracts and obligations which have been made by said board of
trustees, the responsibility therefor being assumed by the city or county
directly interested. Provision shall also be made for the prompt payment
of all outstanding bonds of the sanitary district. (RSMo 1939 § 12489)
Prior revisions: 1929 § 10899; 1919 § 4594; 1909 § 5700
It is hereby made the duty of the secretary of state, the mayors
of cities, the circuit court, the county commission of counties, and all
assessors, sheriffs, collectors, treasurers and other officials in the
state of Missouri, to do and perform all the acts and to render all the
services necessary to carry out the purposes of this chapter, and for
such services they shall receive the fees, or other compensation allowed
by law for similar services rendered to cities, counties or the state.
(RSMo 1939 § 12490)
Prior revisions: 1929 § 10900; 1919 § 4595; 1909 § 5701
Nothing in this chapter contained shall be so construed as to
constitute a contract or grant between the state of Missouri and any
sanitary district formed under its provisions, or to prevent, debar or
deprive the state of Missouri from, at any time in the future, altering,
amending or repealing this chapter, or imposing any conditions,
restrictions or requirements other, different or additional to any herein
contained, upon any sanitary district formed hereunder. (RSMo 1939 §
12491)
Prior revisions: 1929 § 10901; 1919 § 4596; 1909 § 5702
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