Missouri Statute | Act | Code |Lands, Levees, Drainage, Sewers And Public Water Supply| US Code - US Statute | Chapter 249 Sewer Districts In Certain Counties

Whenever the construction and maintenance of a system of sewers
or the use of existing sewers for any contiguous area in the state of
Missouri shall become necessary for the preservation of the public health
or public welfare or will be of public utility or benefit, if any such
area shall lie within any county in the state of Missouri, now or
hereafter having a population of not less than seven hundred thousand nor
more than one million inhabitants, the area may be established and
incorporated as a sewer district under sections 249.010 to 249.420 in the
manner following: Twenty-five or more voters residing within the area may
file with the circuit court having jurisdiction, a petition setting forth
therein the reason or necessity for a sewer system; the boundary lines of
the proposed district; the type and/or kind of sewers; the name of the
proposed district, and the number of years the district is to continue; a
request for the appointment of a sanitary engineer with duties as herein
provided; and take any further action necessary to determine the question
whether the area may be organized and incorporated as a sewer district
under sections 249.010 to 249.420. There shall be filed with the petition
a bond in a sum to be determined by the court but in no event more than
five hundred dollars payable to the state of Missouri signed by one or
more of the petitioners with good and sufficient surety or sureties to be
approved by the court, conditioned for the payments of costs and
expenses. (RSMo 1939 § 12639, A.L. 1953 p. 541, A.L. 1961 p. 448, A.L.
1972 H.B. 1239 & 1300, A.L. 1978 H.B. 971)

CROSS REFERENCE: County planning commission, certain counties, to approve
improvements, RSMo 64.050, 64.235

The last preceding federal census shall be used as a basis and
for the purposes of ascertaining and determining the population of the
counties that may come within the provisions of sections 249.010 to
249.420. (RSMo 1939 § 12680)

CROSS REFERENCE: United States census, effective date of, RSMo 1.100

A sewer district may be established and incorporated under
sections 249.010 to 249.420 partly within and partly without or wholly
without or wholly within one or more cities, towns or villages. (RSMo
1939 § 12677)

Upon the filing of such petition and bond the circuit court is
hereby directed, within ten days thereafter, to appoint a competent
sanitary engineer who may be an individual, copartnership, or a
corporation, to lay out and define the boundaries of the proposed sewer
district. The said engineer shall subscribe an oath to faithfully
discharge his duties as such engineer and to make a true report of the
work done and the facts ascertained by him. The said engineer may alter
or amend the boundaries of the proposed district as set forth in the
petition, so that the boundaries may embrace all of the area capable of
being efficiently served or drained by the system of sewers, or so as to
exclude from the sewer district any part of the natural drainage area
which is so situated as not to be benefited by the proposed system of
sewers and for this purpose shall have power to make all surveys, maps,
and do all things necessary to locate and describe said boundaries. If
the engineer finds the proposed sewer system would be for the
preservation of the public health or public welfare or will be of public
utility or benefit he shall so report and in said report he shall state
approximately the proper plan of and the location of the system of sewers
and the probable cost of the improvement necessary to accomplish the
objects of the petition. The engineer shall report his findings in
writing, with such maps, profiles, drawings and other data as are
necessary to advise the court in the premises and shall promptly file the
same with the clerk of the circuit court. Said report shall be filed
within thirty days after his appointment, unless, for good cause shown,
the court shall extend the time. The engineer shall file with his report
a statement that he has consulted with the department of health and
senior services in connection therewith, and he shall also file with his
report any statement in writing which may have been made to him by said
department of health and senior services covering the matters contained
in such report. (RSMo 1939 § 12640, A.L. 1951 p. 627, A.L. 1978 H.B. 1634)

Effective 1-2-79

Immediately after the report of the engineer has been filed it
shall be the duty of the court to fix a time at which it will hear
objections as provided in section 249.060 and it shall be the duty of the
clerk of the circuit court to cause a notice thereof to be published in
some newspaper of general circulation in the county wherein the
proceedings are pending. Such notice shall be published once a week for
three consecutive weeks and shall be substantially as follows:

Notice is hereby given to all persons owning property within the district
bounded as follows: (Here set out boundaries given in report of engineer.)

That there has been filed in this office a petition for the organization
of a ......... sewer district (describing the type) under the provisions
of (here name this act or the appropriate Revised Statute of Missouri);
that the duly appointed engineer has made and filed his report in this
office and that property within the above described boundaries will be
affected by the formation of the proposed sewer district and be rendered
liable to taxation for the purpose of paying the expenses of organizing
and incorporating the district and making and maintaining the
improvements that may be found necessary for the construction and
maintenance of said sewer system, and you and each of you are hereby
notified that you may examine said petition and report and file
exceptions to all or any part thereof on or before the day set for the
hearing being the ......... day of ......... .

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

Missouri. (RSMo 1939 § 12641)

1. On or before the time fixed by the court for hearing
objections as herein provided any person owning property that will be
affected by the organization of the proposed sewer district or said
proposed improvements, may file in the office of the clerk of the circuit
court written objections to the petition or to the report of the
engineer, or to both, setting forth therein wherein the proposed
improvement is not necessary for the preservation of the public health or
public welfare or will not be of public utility or benefit, as the case
may be, which objection shall be, by the court, heard and determined in a
summary manner.

2. The court shall have the power upon the hearing to alter and amend the
boundaries of such proposed district as described in the report of the
engineer, by excluding therefrom any part of the area which the court may
find is so situated as not to be benefited by the proposed system of
sewers. In such case, if so ordered by the court, the engineer shall file
an amended report and estimate of costs, within such time as the court
shall direct, and the hearing shall be continued to a date after the time
fixed for the filing of such amended report. On or before the time of
such continued hearing, objections may be filed to such amended report to
the same extent as herein provided for objections to the original report
of such engineer.

3. If, after hearing and determining such objections, the court finds the
proposed improvements are necessary for the preservation of the public
health or public welfare or will be of public utility or benefit and
advisable, it shall find in favor of the petitioners and in favor of
making the improvement of the type or kind described in the petition. If
the court shall find against the improvement it shall dismiss the
petition and proceedings at the cost of the petitioners.

4. The compensation of the sanitary engineer and of other persons who may
have been employed with the approval of the court in the preparation of
the plan and report of the engineer provided for in section 249.040,
shall be fixed by the court and taxed as costs in like effect as fee
bills are taxed and issued by the clerk of the circuit court, and shall
be paid by the petitioners; provided, however, that if the court finds in
favor of making the improvement, and incorporates the proposed district,
the costs of the proceedings may be paid by the district out of funds of
the district obtained by the sale of bonds which may be authorized by the
voters as hereinafter provided.

5. If the court finds in favor of making the improvement it shall, by its
order, incorporate the proposed district within the boundaries described
in the report of the engineer, or as amended by the court, into a sewer
district for the purposes of sections 249.010 to 249.420 for the number
of years set out in the petition, and shall designate same by the name
set forth in the petition. Such district shall then be a body corporate
and a political subdivision of the state, shall possess the powers of
like or similar public corporations, shall be capable of suing and being
sued in contract, in its corporate name, shall be capable of holding such
real and personal property as may be at any time either donated to or
acquired by it, all in accordance with the provisions of sections 249.010
to 249.420. Within ten days after the said district shall have been
incorporated, a certified copy of said finding and decree of
incorporation shall be filed in the office of the recorder of deeds of
the county where the proceedings are pending and in the office of the
secretary of state. (RSMo 1939 § 12642, A.L. 1951 p. 627)

1. After the incorporation of the district aforesaid it shall be
the duty of the court to order the election authority to call and hold an
election; said election to be called and held in the manner herein
provided, at which election the voters residing within the sewer district
may vote for three persons who shall form the board of trustees for said
district as herein provided.

2. In the order of such election the court shall also provide for
submitting at such election a proposition to incur indebtedness by the
district in an amount not greater than the estimate of the cost of
constructing a system of sewers as provided in the report of the engineer.

3. The notice shall state the purpose of the election and the amount of
indebtedness to be incurred. (RSMo 1939 § 12643, A.L. 1978 H.B. 971)

The question shall be submitted in substantially the following
form:

Shall the......... sewer district incur indebtedness in the amount
of......... dollars and issue bonds in evidence thereof? (RSMo 1939 §
12644, A.L. 1978 H.B. 971)

The three candidates for office of trustee who shall receive the
highest number of votes shall be declared elected trustees with terms as
provided in section 249.140. If it appears that the constitutionally
required percentage of the voters of such district voting on the
proposition of incurring indebtedness submitted at the election were in
favor of incurring such indebtedness, the election authority shall make
an order reciting the holding of such election and the results thereof,
both for and against the proposition, and if the result of the election
as certified shall be in favor of incurring the indebtedness and issuing
the bonds, then the board of trustees for the district shall direct the
issuance thereof to the amount of the debt authorized to be incurred, or
any portion thereof, and shall either before or at the time of doing so
provide for the collection of an annual ad valorem tax upon all of the
taxable property within the district, which tax shall be sufficient to
pay the interest on such indebtedness as it falls due and also to create
a sinking fund for the payment of the principal thereof within twenty
years from the date of contracting the same, such tax to be levied and
collected as provided for in section 249.130. (RSMo 1939 § 12645, A.L.
1978 H.B. 971, A.L. 1990 H.B. 1621)

The board of trustees shall have no power to levy or collect any
taxes for the payment of any indebtedness incurred by said district
unless and until the voters of the district shall have authorized the
incurring of indebtedness at an election, but all such expenses and
indebtedness incurred by said district may be paid out of funds which may
be received by said district from the sale of bonds authorized by the
voters at any such election. (RSMo 1939 § 12647, A.L. 1978 H.B. 971)

1. Such bonds shall be issued in denominations of one hundred
dollars or some multiple thereof; shall be payable to bearer, not later
than twenty years from their date; shall bear interest from their date at
a rate not exceeding six percent per annum, payable annually or
semiannually; such interest payments to be evidenced by annexed coupons,
and said bonds shall not be sold for less than ninety-five percent of the
face value thereof and together with existing indebtedness of the said
district, if any, shall not exceed in the aggregate five percent of the
value of all of the taxable property in the district to be ascertained by
the assessment next before the last assessment for state and county
purposes previous to the incurring of such indebtedness.

2. Such bonds shall be signed by the president of the board of trustees
and attested by the signature of the secretary of the board of trustees
with the seal of the district affixed thereto. The interest coupons may
be executed by affixing thereon the facsimile signature of the secretary
of said district. Said bonds may be sold under the same conditions as are
provided for the sale of county road bonds.

3. All bonds issued under sections 249.010 to 249.420 shall be registered
in the office of the state auditor as provided by law for the
registration of bonds of cities and in the office of the secretary of the
board of trustees of the district in a book kept for that purpose for
registry, shall show the number, date, amount, date of sale, name of the
purchaser and the amount for which the bond was sold. The moneys of the
district shall be deposited by the treasurer of the district in such bank
or banks as shall be designated by order of the board of trustees and the
secretary of the district shall charge the treasurer therewith and the
said moneys shall be drawn from the said treasury upon warrant issued by
the district for the purposes for which the bonds were issued. (RSMo 1939
§ 12648)

1. It shall be the duty of the secretary of the board of
trustees of the incorporated sewer district on or before the fifteenth
day of May in each year to certify to the county commission of the county
wherein such incorporated district is situate the amount of money that
will be required during the next succeeding year to pay interest falling
due on bonds issued and the principal of bonds maturing in such year, and
the amount necessary to cover the estimated expenses of maintaining such
sewer system in good condition, or renting or leasing of existing sewer
facilities and of maintaining the district corporation with its necessary
expenses.

2. On receipt of such certificate it shall be the duty of the county
commission at the time it makes the levy for the state, county, school
and other taxes to, by order made, levy such a rate of taxes upon all the
taxable property in the said incorporated sewer district as will produce
a sum of money sufficient for the purposes aforesaid; provided, that the
county commission shall have no authority to levy such tax until the
voters of said sewer district shall have voted to incur an indebtedness
under the provisions of sections 249.010 to 249.420.

3. On such order being made it shall be the duty of the county commission
to cause such rate of taxation to be extended upon the tax books against
all the taxable property in said incorporated sewer district and the same
shall be collected and remitted to the board of trustees of the said
sewer district by the collector of the revenue of said county at the
time, in the manner, and by the same means as state, county, school and
other taxes are collected and remitted. All of the laws, rights and
remedies provided by the laws of this state for the collection of state,
county, school and other taxes, shall be applicable to the collection of
taxes herein authorized to be collected.

4. All taxes levied under sections 249.010 to 249.420 shall be based upon
the assessed valuation of lands and other property in the said
incorporated sewer district in accordance with the current record of the
assessed valuations of all taxable property within said incorporated
sewer district as may be determined by the records in the assessor's
office of the county and such tax shall be prorated and an equal amount
levied upon each one hundred dollars assessed valuation. (RSMo 1939 §
12649, A.L. 1953 H.B. 543)

1. Whenever any sewer district shall have been organized as
provided by sections 249.010 to 249.420, and it shall appear necessary,
convenient or advisable to extend the boundaries of such district for the
purpose of including therein a contiguous area which could be efficiently
served by the sewer system of such district, or by reasonable
modifications, extensions or improvements thereof, the boundaries of such
district may be extended in the following manner; provided that such
extension shall not include any territory within the boundaries of any
other sewer district.

2. The trustees of such district may, and shall upon a petition therefor,
signed by twenty-five or more persons residing within such district and
owning property therein which is liable for assessment for the sewers
constructed therein, file with the circuit court having jurisdiction of
such district a petition setting forth the reason or necessity for
extending the boundaries of such district; the boundary lines of the
proposed extension and a request for the appointment of a sanitary
engineer, with duties as herein provided, and a prayer for such further
action as may be necessary to determine the question as to whether the
boundaries of such district should be extended.

3. Upon the filing of such petition the said circuit court shall as soon
as may be thereafter appoint a competent sanitary engineer, who shall
possess the qualifications and shall subscribe the same oath as are now
provided for the engineer appointed under the provisions of section
249.040.

4. Such engineer may alter or amend the boundaries of the proposed
extension of the district as set forth in the petition so that such
boundaries may embrace all of the area capable of being efficiently
served or drained by the system of sewers in such district or by
reasonable modifications, extensions or improvements thereof, or so as to
exclude any part of the area within the proposed extended boundaries
which is so situated as not to be benefited by the sewer system of such
district as changed or for the drainage of which the sewer system of such
district is not or cannot be made efficiently and economically adequate.
For this purpose the engineer shall have the power to make surveys and
maps and do all things necessary to locate and describe such boundaries.

5. The engineer shall report whether or not he finds the proposed
extension of such district will be for the preservation of the public
health or public welfare or will be of public utility or benefit and in
such report he shall state what changes, if any, will be required to be
made in the sewer system within the boundaries of the district then
existing and what extensions or additions will be necessary in the
territory proposed to be annexed, and the probable cost thereof, in order
to serve the territory within the proposed extended boundaries. The
engineer shall file with his report a statement that he has consulted
with the department of health and senior services in connection
therewith, and he shall also file with his report any statement in
writing which may have been made to him by said department of health and
senior services covering the matters contained in such report.

6. The engineer shall within thirty days after his appointment, unless
for good cause shown the court shall extend the time, report his findings
in writing to the court with such maps, profiles, drawings or other data
as are necessary to advise the court in the premises. (L. 1951 p. 627 §
249.100, A.L. 1978 H.B. 1634)

Effective 1-2-79

1. Immediately after the report of the engineer has been filed,
the court shall fix a time at which it will hear such petition or any
objections thereto and it shall be the duty of the clerk of the circuit
court to cause a notice thereof to be published in some newspaper of
general circulation in the county wherein the proceedings are pending,
for three consecutive weeks, which notice shall set out the boundaries of
the proposed extension of the district as shown in the report of the
engineer, and shall notify all persons within such district and all
persons within the boundaries of the proposed extension of such district,
who own property liable for or which may become liable for taxation for
the sewer system of such district or of such district if extended, that
on or before the time so fixed by the court they may file objections to
either or both the petition or the engineer's report and that such
petition and that any objections thereto will be heard by the court at
the time so fixed.

2. If upon the hearing upon such petition and objections the court shall
find that an extension of the boundaries of such district within the
boundaries as set forth in the engineer's report or within any part
thereof is necessary for the preservation of the public health or public
welfare or will be of public utility or benefit and will be advisable,
the court shall find in favor of the petitioners and shall render its
decree to that* effect. If the court shall find that such an extension is
not necessary or will not be of public health or public welfare or will
not be of public utility or benefit and will not be advisable, then it
shall find against the petitioners and shall dismiss the petition.

3. If the court shall find in favor of the petitioners then (except as
hereinbelow set out) it shall enter its order directing the election
authority to call and hold separate elections, both in the original sewer
district and in the territory proposed to be annexed, upon the question
of whether such territory should be annexed to the sewer district. The
notice shall include a description of the territory to be annexed.

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

Shall the ......... sewer district annex the contiguous area described in
the notice for this election?

5. The election authority shall certify the results of the election to
the circuit court having jurisdiction of the matter. If a majority of the
votes cast on the proposition, both in the original sewer district and in
the territory to be annexed, shall be in favor of such annexation, then
the court shall render a decree declaring the boundaries of such district
to be extended and describing the boundaries of the district as extended.
If a majority of the votes cast on the proposition in either the original
district or in the territory to be annexed shall be against such
annexation, then the court shall render a decree declaring that the
proposal to extend the boundaries has failed and that the boundaries of
such sewer district shall remain unchanged.

6. Provided, however, that, notwithstanding the above provisions of this
section, no election shall be held on the question of the annexation to a
sewer district of contiguous territory in the following circumstances:
(a) That at or before the time the circuit court shall render the decree
calling the election there shall be presented to the court a written
statement agreeing to the annexation of the territory to the district,
signed by a majority of the owners of land in the territory to be
annexed, who shall also be the owners of more than one-half of the land
in such territory; (The term "owner", as used in this provision, shall
mean the holder of the legal title to a freehold interest in land,
including mortgagors and grantors in deeds of trust to secure debts;
remaindermen, reversioners, and holders of equitable interests shall not
be considered in computing the number of owners who sign the petition or
in computing the total number of owners in the territory); (b) That the
board of trustees of the sewer district to which the territory is to be
annexed shall, by action recorded on its minutes, accept the annexation
of such territory and shall file with the court a certified copy of the
record of its action at or before the rendition of the decree calling the
election. If such a petition of landowners and such certified copy of the
action of the board of trustees shall be filed with the court as above
stated, and if the court shall find upon the hearing in favor of the
petitioners, then the court shall render its decree declaring the
boundaries of such district to be extended and describe the boundaries of
the district as extended. If the boundaries of the district be extended,
a certified copy of the final decree shall be filed in the office of the
recorder of deeds in the county in which such proceedings are pending and
in the office of the secretary of state. (L. 1951 p. 627 § 249.101, A.L.
1978 H.B. 971)

*Word "the" appears in original rolls.

1. Any sewer district organized under sections 249.010 to
249.420, or whose boundaries have been extended as provided, shall have
the power to incur further indebtedness of the district and issue bonds
of the district therefor for the purpose of providing a sewer system for
the district, as provided by sections 249.010 to 249.420, or for
enlarging, replacing, repairing, modifying, improving or extending the
same, to make an effective and complete sewer system or to provide funds
to pay any obligation incurred or which may be incurred by contract with
any other district or municipality or other public agency for the
construction, use or maintenance of common or joint sewers, drains,
outlets and disposal plants, provided such indebtedness together with all
existing indebtedness of such district shall not exceed in the aggregate
five percent of the value of all taxable tangible property in such
district to be ascertained by the last completed assessment of property
for state and county purposes prior to the incurring of such
indebtedness, and provided further that the constitutionally required
percentage of the voters of such district voting on the proposition to
incur such indebtedness shall assent thereto.

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

Shall the ......... sewer district issue bonds in the amount of .....
dollars payable from taxes?

3. Any bonds issued as provided herein shall be issued in accordance with
the provisions relating to the original issuance of bonds hereunder;
provided, however, the amount of bonds to be so issued shall be
determined by the board of trustees and in determining the amount the
board of trustees shall not be limited by any estimate of costs herein
provided to be made by the engineer at the time of the incorporation of
such district or the extension of its boundaries. (L. 1951 p. 627 §
249.102, A.L. 1978 H.B. 971, A.L. 1990 H.B. 1621)

1. In the event that any proposition for the incurring of
indebtedness fails of adoption in the election provided in section
249.070 or provided in section 249.136, then, at any time not less than
six months thereafter, and subsequently at intervals of not less than six
months, upon a resolution of the board of trustees of such district
providing therefor, the proposition of incurring such indebtedness may be
again submitted to the voters of such district at an election to be
called and held and the results thereof declared by the board of trustees
as provided in section 249.136.

2. If at the election called by the circuit court pursuant to section
249.070 hereof, a proposition for the incurrence of an indebtedness by
the district shall have been submitted and shall have failed of adoption
and further if substantially the same proposition shall have been again
submitted at an election called pursuant to this section and shall have
again failed, the circuit court of the county in which such district was
organized shall have the power, upon motion of the board of trustees of
such district therefor or upon petition therefor signed by twenty-five or
more persons residing within such district and owning property therein
which would be liable for taxes for sewers constructed therein, to enter
a decree declaring such district to be disincorporated. A certified copy
of such decree shall be filed in the office of the recorder of deeds of
such county and with the secretary of state. (L. 1951 p. 627 §§ 249.103,
249.105)

1. Any candidate for the office of trustee in the district shall
be an American citizen over the age of twenty-five years and shall have
been a resident within the county within which the district is situated
for more than four whole years next before the date of the election at
which he is a candidate and shall be a voter of the district. Any person
desiring to become a candidate for the office of trustee at the election
held on the original incorporation of the district, as provided in
section 249.070, shall file with the county commission or with the
election commissioners a statement, under oath, that he possesses the
qualifications required by sections 249.010 to 249.420 for trustee and
shall pay a filing fee of five dollars, whereupon his name shall be
placed on the ballot as candidate for trustee. Any person desiring to
become a candidate for the office of trustee in any subsequent election
shall file such statement, under oath, with and pay such filing fee to
the secretary of the board of trustees, whereupon his name shall be
placed on the ballot as candidate for the office of trustee.

2. At such initial election the candidate who receives the highest number
of votes shall be elected for a six-year term as trustee; the candidate
who receives the second highest number of votes shall be elected for a
four-year term as trustee; the candidate who receives the third highest
number of votes shall be elected for a two-year term as trustee.

3. After his election each trustee shall take and subscribe his oath or
affirmation before the clerk of the circuit court to the effect that he
is qualified to act as trustee under the provisions of sections 249.010
to 249.420 and that he will perform his duties as such trustee to the
best of his ability and impartially in the interest of the whole
district. (RSMo 1939 § 12651, A.L. 1951 p. 627, A.L. 1978 H.B. 971)

On the first Tuesday in April after the expiration of two years
from the date of the election of the first board of trustees for
respective terms of two, four and six years each, an election shall be
called and held by the board of trustees and every two years thereafter
shall be so called and held for the purpose of electing a trustee who
shall serve for a term of six years and until his successor shall have
been elected and qualified to fill the office of the trustee whose term
may then expire and any vacancy then existing in the membership of said
board shall be filled at such election. (RSMo 1939 § 12652, A.L. 1951 p.
627)

The trustees within five days after their election and
qualification shall meet and organize the board by selection from among
their number one to act as president of the board, one to act as
treasurer of the board, and one to act as secretary of the board. The
officers so selected shall hold office until the next election of trustee
or trustees and until a newly constituted board of trustees after an
election shall have selected their successors. (RSMo 1939 § 12650)

In all proceedings under sections 249.010 to 249.420 at all
meetings of the board of trustees the vote of two of the trustees shall
be sufficient and all lawful actions in pursuance of a vote of two
trustees shall be deemed the act of the sewer district. (RSMo 1939 §
12679)

In the event of any vacancy in the office of trustee caused by
death, resignation, refusal to act or in any wise, such vacancy shall be
filled by appointment made by the remaining trustee or trustees. In the
event the remaining trustees cannot agree upon such appointment within
thirty days after such vacancy may have occurred then such vacancy shall
be filled by the appointment of the circuit court, and the trustees so
appointed shall possess the qualifications for a trustee elected under
the provisions of sections 249.010 to 249.420 and shall subscribe his
oath or affirmation as if he had been elected. The trustee or trustees so
appointed shall serve until the next election for trustee at which time a
trustee shall be elected to fill such vacancy. (RSMo 1939 § 12653)

1. In the event that any trustee elected or appointed under the
provisions of sections 249.010 to 249.420 shall fail to qualify as such
trustee or fail to take and subscribe his oath or affirmation of office
within fifteen days after his election or appointment, then the office of
said trustee shall be considered vacant and the vacancy filled as
provided in section 249.180.

2. Each trustee elected under the provisions of sections 249.010 to
249.420 shall be compensated by warrant drawn upon the treasurer of the
sewer district corporation in the sum of twenty-five dollars per month
for each month that he shall serve after his election and during the
period of the construction of sewers. After sewers have been constructed
in accordance with original plan and during any period of more than
thirty days that the construction of sewers may be delayed or deferred
each trustee shall be compensated in the sum of ten dollars per month for
his services.

3. If the proposition to incur indebtedness, as provided for in section
249.070, fails of adoption the trustees shall receive no compensation.
All necessary expenses of the board of trustees or any member of said
board incurred in the performance of its or his respective duty or duties
under sections 249.010 to 249.420 shall, upon the certificate of the
treasurer, filed with the board of trustees, be paid by warrant drawn as
aforesaid. (RSMo 1939 § 12654)

All trustees elected for any sewer district formed under the
provisions of sections 249.010 to 249.420 shall furnish bond with good
and sufficient sureties in favor of the district for the faithful
accounting for all funds under their control. Said bond to be
satisfactory to and to be approved by the circuit court; such bond shall
be in the sum of not less than ten thousand dollars for each trustee.
Each treasurer of a board of trustees of any district under sections
249.010 to 249.420 shall, before taking custody of any funds of the
district also furnish a bond with good and sufficient sureties in favor
of the district in such sum as may be determined from time to time by the
board of trustees, depending upon the amount in the custody of the
treasurer; such bond shall be satisfactory to and approved by the circuit
court; such treasurer shall not expend or pay out any sum of money
belonging to the district except upon warrants drawn and authorized by
the board of trustees. The premiums on bonds above required shall be paid
out of funds in the hands of the board of trustees and shall be regarded
as expense of said board. (RSMo 1939 § 12673)

The board of trustees of any district corporation incorporated
under sections 249.010 to 249.420 shall cause to be kept a well-bound
book entitled "Record of Board of Trustees of ......... District", in
which shall be recorded the minutes of all meetings, proceedings,
certificates, bonds, contracts and all corporate acts of the board in
connection with the operation of such district, which record, or records,
shall be a public record and be at all reasonable times open to the
inspection of anyone interested. (RSMo 1939 § 12672)

The sewer district through its board of trustees may promulgate
reasonable rules and regulations concerning the construction, maintenance
and use of the sewer system or systems constructed and/or maintained by
the district. (RSMo 1939 § 12670)

The board of trustees shall within thirty days after organizing,
employ an attorney to act for the district and to advise such board. Such
employment shall be evidenced by an agreement, in writing, which shall,
as far as possible, specify the exact amount to be paid to said attorney
for all services and expenses. Such attorney shall conduct all legal
proceedings and suits in court where the district is a party or
interested and shall in all legal matters advise the district and the
board, and generally look after and attend to all matters of legal nature
for said board and district. The attorney shall serve at the pleasure of
the board and his compensation shall be fixed by the board not to exceed
two hundred and fifty dollars per month. (RSMo 1939 § 12660)

The board of trustees, except where otherwise provided, shall by
resolution, at the time of hiring or appointing, provide for the
compensation for work done and necessary expenses incurred by any
officer, engineer, attorney or other employee, and shall also pay the
fees, per diem, and necessary expenses of all court and county officers,
who may by virtue of sections 249.010 to 249.420 render service to the
district. The board of trustees shall have power to discharge any
employee of the district, except the engineer and attorney at will and
may discharge the engineer or attorney for cause on thirty days' notice.
(RSMo 1939 § 12661)

Whenever any warrant issued under sections 249.010 to 249.420 is
not paid when presented to the president of the board of trustees of the
district, because of lack of funds in the treasury, such fact shall be
endorsed on the back of such warrant and such warrant shall draw interest
thereafter at the rate of six percent per annum until such time as there
is money on hand or in the treasury to pay the amount of such warrant and
the interest then accumulated, but no interest shall be allowed or paid
on any warrant after the time when sufficient funds are in the treasury
or on hand to pay such endorsed warrants with interest. (RSMo 1939 §
12678)

1. Should a public sewer district created and organized pursuant
to constitutional or statutory authority place a lien upon a customer's
property for unpaid sewer charges, the lien shall have priority as and be
enforced in the same manner as taxes levied for state and county purposes.

2. Should the sewer charges of a public sewer district created and
organized pursuant to constitutional or statutory authority remain unpaid
for a period in excess of three months, the district, after notice to the
customer by certified mail, shall have the authority at its discretion to
disconnect the customer's sewer line from the district's line or request
any private water company, public water supply district, or any
municipality supplying water to the premises to discontinue service to
the customer until such time as the sewer charges and all related costs
of this section are paid. (L. 1991 H.B. 299, A.L. 2000 S.B. 741)

1. Within thirty days after organizing, the board of trustees
may appoint a competent sanitary engineer as chief engineer, who may be
an individual, copartnership or corporation, and who shall engage such
assistants as the board of trustees may approve by resolution. The chief
engineer shall have control of the engineering work in the district; he
shall make all necessary surveys of the land and other property within
the district and shall make a report, in writing, to the board of
trustees with maps and profiles of said survey or surveys where
necessary, which report shall contain a plan for sewerage system and the
disposal of sewage. The said maps and profiles shall also indicate, as
far as necessary, the location of any public roads, streets or highways,
railroads and other rights-of-way, and other property or improvements in
said district.

2. Upon receipt of the said final report and plan for sewage disposal,
the board of trustees may adopt such report or any modification thereof
after consulting with the chief engineer, and thereafter such adopted
report shall be known and designated as the "Sewer Plan of .........
District", which plan shall be filed with the board of trustees and
embodied in the records of the district. The board of trustees may
purchase upon such terms as they may deem best, existing surveys, maps,
profiles, and/or plans suitable for use in the whole or in part of the
sewer plan.

3. Such engineer or engineering firm shall not receive as a salary, or an
aggregate of salary and fees, in any one year, a sum in excess of the sum
fixed by law as the limit of salary provided for the highway engineer in
the county in which such district is located. (RSMo 1939 § 12655)

Should the board of trustees purchase any existing surveys,
maps, profiles and/or plans from any sewer district in liquidation they
shall pay to the person or persons liquidating said district the agreed
price therefor and said amount shall be distributed pro rata to the
taxpayers of said district in proportion to the amount of sewer taxes
paid by each taxpayer. (RSMo 1939 § 12656)

In order to provide a sewer system for the lands and other
property and improvements in the district, the board of trustees is
hereby authorized and empowered to construct and maintain trunk lines,
mains, submains, and lateral sewers, outlets for sewerage and any and all
other structures, systems, works and things, and to contract with other
districts, municipalities, other public agencies, individuals,
copartnerships and corporations for the construction, use or maintenance
of common or joint sewers, drains, outlets and disposal plants, and for
the use of existing sewer facilities, and to do all things deemed
necessary or advisable to make an effective and complete sewer system and
to preserve and maintain the same in the district, to construct any and
all said works and improvements across, through or over any public
highway, railroad, right-of-way, tract, grade, fill or cut, and any other
right-of-way or easement in the district; to remove any fence, building
or other improvement in the district, and shall have the right to hold,
control and acquire by donation or purchase, and if need be, shall have
full power to condemn any and all rights or property, either public or
private, of every kind and character necessary for the purposes
aforesaid, and in so doing, shall follow the procedure taken for
telegraph, telephone or railroad rights-of-way. The district shall not be
limited to the plan of and the location of the system of sewers set out
in the report of the engineer provided in section 249.040, but may
include such other and additional work as the board of trustees may deem
to be advisable; nor shall the cost of such work be limited to the
probable cost of the improvement set out in the engineer's report
provided by section 249.040 but may be in excess thereof. (RSMo 1939 §
12658, A.L. 1951 p. 627, A.L. 1953 p. 543)

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

The authority of sanitary sewer districts to construct a system
or systems of sanitary sewers as provided in sections 249.010 to 249.420
shall include the authority to construct sewerage disposal plant or
plants for the disposal of sewage, and the authority of lateral sewer
district to construct a system of lateral sewers as provided in sections
249.010 to 249.420 shall include the authority to construct sewerage
disposal plants for the disposal of sewage. (RSMo 1939 § 12676)

It shall be the duty of such board of trustees to supervise the
maintenance of such sewer system constructed under its supervision, or as
may hereafter under proper authority be placed under its supervision, and
to see that sewer system or systems be maintained in good condition;
provided, however, that such board of trustees may, whenever in the
opinion of said board of trustees it may become necessary, employ a
person or persons, firm or corporation, of its selection, to do and
perform such repair services as may be necessary to maintain said sewer
system or systems in good condition, and may, if in the judgment of the
board of trustees the occasion demands, employ an engineer to plan and
supervise any such repairs; however, such board of trustees shall not
have authority to expend within one year for maintenance purposes,
including expenses of said district, more than the amount of the
maintenance tax provided for in section 249.130. (RSMo 1939 § 12671)

The board of trustees of sewer districts organized under
sections 249.010 to 249.420 shall not have the right to enter upon or
appropriate any lands for rights-of-way or other works of the district
except by contract with the owner or owners, until the price awarded to
the owner of such land shall have been paid to such owners or into the
hands of the circuit clerks of the courts organizing such district for
the use of such owners; and if the sums awarded be not so paid within
five years from the date of filing the commissioner's report, all
proceedings as to the taking of such property for rights-of-way and other
works not so paid for shall abate at the cost of said district. Whenever
any land, rights, or other property is acquired by condemnation under the
provisions of sections 249.010 to 249.420 and the price of such property
has been paid to the owner or to the clerk of the court by the district,
the title, use, possession and enjoyment of said property shall pass from
the owner and be vested in the district and subject to its use, profit,
employment, and final disposition. The price awarded for all land
acquired by any district for rights-of-way or other works, and confirmed
by the court, shall be paid in cash to the owner thereof or the clerk of
the court for the use of such owner. (RSMo 1939 § 12659)

1. The board of trustees is hereby authorized and empowered to
construct the works and improvements provided for in the plan adopted, by
letting a contract or contracts for such works and improvements either as
a whole or in sections, and when such contract or contracts are to be
let, they shall be advertised and let to the lowest and best bidder as
determined by said board. Such bidder shall give a good and approved bond
in such amount as may be determined by said board, but in no event be
less than the amount of the contract price, payable to the district with
sureties satisfactory to said board, conditioned that the bidder will
properly carry out the contract for such work and improvements and pay
all bills incurred by him in the carrying out of said contract.

2. Said contract shall be in writing and to which shall be attached and
made a part thereof complete plans and specifications of the work to be
done and the improvements to be made under such contract, which plans and
specifications shall be prepared by the chief engineer and shall be
incorporated in and attached to the contract, which contract shall be
prepared by the attorney for the district and before the work is
commenced shall be approved by the board of trustees and signed by the
president of the board and the contractor, and shall be executed in
duplicate.

3. The chief engineer shall be superintendent of all the works and
improvements and shall, whenever required, make a full report to said
board of all work done and improvements made. (RSMo 1939 § 12657)

1. Whenever it shall be ordered by the board of trustees of the
sewer district that any sewer or system of sewers in the incorporated
sewer district be constructed in accordance with the provisions of
sections 249.010 to 249.420 and the engineer's estimated cost thereof
exceeds the sum of five hundred dollars the said board of trustees shall
order its said engineer to prepare and file with the secretary of said
board of trustees all necessary maps, plans, specifications and profiles
and the estimated cost of the work. Said board of trustees may approve or
reject the maps, plans, specifications and profiles and have others
prepared and filed.

2. When the maps, plans, specifications and profiles have been approved,
the said board of trustees shall order its engineer to advertise the
letting of the contract, proposed to be let, by advertisement in some
newspaper that has a general circulation in the district wherein the
contract is to be executed which said advertisements shall be published
once a week for three consecutive weeks, the last insertion to be within
ten days of the day of the letting.

3. All bids should be in writing accompanied by instructions to bidders
which shall be furnished by the engineer of said board of trustees upon
application. All bids on sewer work shall state the unit price upon which
the same are based. All bids shall be sealed and filed with the secretary
of said board of trustees, and, on the day and at the hour named in the
advertisement, shall be publicly opened and read in the presence of the
board of trustees and the engineer of said board and shall then be
recorded in detail in some suitable book. All bids shall be accompanied
by a certified check equal to ten percent of the engineer's estimate of
cost, payable to the said board of trustees, or a bidder's bond executed
by some surety company authorized to do business in this state or other
good and sufficient surety in a like sum shall be given, as guarantee on
the part of the bidder that if his bid be accepted he will, within ten
days after receipt of notice of such acceptance, enter into contract and
bond with good and sufficient sureties to be approved by the board to do
the work advertised, and in case of default, forfeit and pay the sum of
ten percent of the engineer's estimate of cost. The contract shall be
awarded to the lowest and best bidder. The said board of trustees may in
its discretion reject any and all bids. Any bid in excess of the
engineer's estimate of the cost of the work to be done shall be rejected.

4. When it shall be decided by order of record to accept any bid the said
board of trustees shall order a contract to be entered into between the
bidder and the said board of trustees. The contract shall have attached
to and made a part thereof the proposal sheet, instructions to bidders,
the bid, maps, plans, specification, and profiles. Whenever the contract
is executed and approved by order of record and endorsement thereon it
shall be filed and preserved as a permanent record in the office of the
said board of trustees.

5. It shall be incorporated in the contract that the said board of
trustees shall reserve the right to make any additions to, omissions
from, changes in, or substitution for the work or materials called for by
drawings and specifications, without notice to the surety on the bond
given to secure the faithful performance of the terms of the contract.
The bidder must agree that before the sewer district shall be liable for
any additional work or material the board of trustees of said sewer
district must first order the same and the cost thereof must be agreed
upon in writing and entered of record before such additional work shall
apply in case of omissions, deductions or changes, and the unit price
shall be the basis of the valuation of such changes. In case of
disagreement upon the cost or price of any addition, omission or change
ordered or so desired, then it is expressly agreed that the decision of
the engineer of said board of trustees shall be received and accepted as
fixing definitely and finally the cost of such change and when so fixed
the said board of trustees shall enter of record such change. It shall
also be provided in the contract that the contractor will furnish and
promptly pay for all labor employed and materials used in the performance
of such contract, and pay all bills incurred by said contractor in
performance of said contract or contracts. (RSMo 1939 § 12674)

1. The board of trustees shall order such amounts paid on the
contract as may be certified by the chief engineer, and as may be
provided in the contract covering such work, but full payment for any
work to be performed by the contract shall not be made until the work has
been completed and accepted by the chief engineer of said district in
charge of same.

2. The said engineer in charge of the work shall inspect the work
contracted for from time to time and make report thereon; and before any
final settlement is made with any contractor the said engineer shall make
a personal inspection of same and shall make written statement under oath
that he has made such inspection and that the contractor has performed
his work according to the contract. (RSMo 1939 § 12675)

The board shall subdivide the district into convenient
subdistricts not larger than one thousand acres in extent, and prescribe
the boundaries thereof within which the sewers and drains necessary to
complete the drainage shall be constructed at the expense of the
subdistrict when organized, as provided in sections 249.370 to 249.420,
but no lands within the boundaries of an incorporated city shall be
included in any such subdistrict without the consent of such city
expressed by resolution or ordinance of the governing legislative body
thereof. When such plans are completed for such subdistricts and filed,
the board of trustees may adopt them by resolution, and such resolution,
when published in one or more newspapers having a general circulation in
the sewer district, shall be binding upon all persons, firms and
corporations; and nothing shall be done affecting the drainage and
disposition of sewage outside of cities in the district, other than
ordinary farm or agricultural drains, inconsistent with such plan,
without the permission of the board of trustees as evidenced by the
records of proceedings thereof. (RSMo 1939 § 12663)

When the plans referred to in section 249.360 with reference to
subdistricts have been adopted by the board of trustees and the
resolution of adoption published as provided therein, the board of
trustees shall have the power, when petitioned so to do by a majority of
the resident owners of all tracts and parcels of land lying within such
subdistrict as laid out in said plans and described in such petition, to
provide for the construction of a complete system of lateral sewers in
such subdistrict or any part thereof, issue bonds in anticipation of the
revenues of such subdistrict in the manner provided in sections 249.390
to 249.420. The board of trustees shall have the power to determine the
sufficiency of the petition. (RSMo 1939 § 12664)

If such petition be filed as provided in section 249.370, the
board of trustees shall, by resolution, declare the subdistrict to be
formed and shall cause to be promptly made by the chief engineer of the
district and filed with the board a report showing detailed plans and
specifications for, and the estimated cost of, a complete system of
lateral sewers within such subdistrict, or any part thereof. (RSMo 1939 §
12665)

When such report is filed, the question shall be submitted of
whether the board of trustees shall have authority to issue bonds for the
purpose of anticipating the revenues of said subdistrict for the cost of
construction of said system of sewers, the total amount of said bonds not
to exceed the estimated cost as shown in the report of the chief
engineer. If a majority of such voters, voting on the question, shall
vote in favor of authorizing the board of trustees to issue such bonds,
the board of trustees shall have the power to issue and sell the same in
the same manner as is provided in section 249.090 for the issuance and
sale of other bonds of the district. Bonds issued under this section
shall not run for a period of more than twenty years nor bear a higher
rate of interest than six percent per annum. (RSMo 1939 § 12666, A.L.
1978 H.B. 971)

Any sewer district which may be organized under sections 249.010
to 249.420 is hereby authorized to fund or refund any part or all of its
bonded indebtedness, including bonded indebtedness incurred on behalf of
any subdistrict, in the same manner as is now provided by section
108.140, RSMo; provided, however, that the interest on and principal of
any refunding bonds which may be issued shall be paid only out of funds
provided in the same manner as is provided in sections 249.010 to 249.420
for the payment of the interest on and principal of the bonds so
refunded. (L. 1951 p. 627 § 249.430)

For the purpose of raising funds for the payment of interest on
and principal of such bonds and for the maintenance and repairs of said
lateral sewers, the board of trustees shall have the power to impose and
collect an annual rental charge from the owners of all real estate
abutting said lateral sewers, including the owners of public property
devoted to public use. The annual rental charge shall be apportioned
according to the assessed valuation of each tract and parcel of such
property, and the assessor of the county shall separately assess that
portion of such tracts and parcels of property as lie within such
subdistrict, and he shall also assess and enter upon the records of his
office the assessed valuation of all such property in such subdistrict,
including school property, public or private, whether or not such
property is otherwise exempt from taxation. The total amount of annual
rental charges to be imposed shall not exceed the estimated amount
necessary to be imposed to provide funds sufficient to pay the interest
on and the principal of such bonds, plus the estimated cost of
maintenance as fixed by the board of trustees. Such rental charges may be
imposed or collected in semiannual or quarterly installments as the board
of trustees may direct, and shall be a lien upon such property from the
date they are imposed by the board of trustees. (RSMo 1939 § 12667, A.L.
1951 p. 627)

1. Delinquent rental charges shall bear interest at the rate of
one-half percent per month, until paid, and shall be collected in the
same manner as taxes levied under the authority of sections 249.010 to
249.420 for the payment of sinking funds and interest on other bonds of
the district are collected.

2. All provisions of sections 249.010 to 249.420 pertaining to soliciting
bids for construction or repairs of other sewers in the district and the
letting of and execution of contracts shall be deemed to apply with equal
effect to lateral sewers constructed in subdistricts. (RSMo 1939 § 12668)

If, in any such subdistrict, the board of trustees, under the
other provisions hereof, shall construct sewers to serve only a part of
any such subdistrict and shall thereafter determine that any other part
or parts of such subdistrict are in need of lateral sewers, such board
shall have power to construct and finance such additional lateral sewers
in the same manner that the first sewers in said subdistricts were
constructed and financed. (RSMo 1939 § 12669)

1. If approved by a majority of the voters voting on the
proposal, any city, town, village or county on behalf of the
unincorporated area, located either within the boundaries of a sewer
district established pursuant to article VI, section 30(a) of the
Missouri Constitution or within any county of the first classification
having a charter form of government with a population of more than two
hundred ten thousand inhabitants but less than three hundred thousand
inhabitants, may by city, town, village or county ordinance levy and
impose annually for the repair of lateral sewer service lines on or
connecting residential property having six or less dwelling units a fee
not to exceed fifty dollars per year. Any city, town, village, or county
that establishes or increases the fee used to repair any portion of the
lateral sewer service line shall include all defective portions of the
lateral sewer service line from the residential structure to its
connection with the public sewer system line. Notwithstanding any
provision of chapter 448, RSMo, the fee imposed pursuant to this chapter
shall be imposed upon condominiums that have six or less condominium
units per building and each condominium unit shall be responsible for its
proportionate share of any fee charged pursuant to this chapter, and in
addition, any condominium unit shall, if determined to be responsible for
and served by its own individual lateral sewer line, be treated as an
individual residence regardless of the number of units in the
development. It shall be the responsibility of the condominium owner or
condominium association who are of the opinion that they are not properly
classified as provided in this section to notify the county office
administering the program. Where an existing sewer lateral program was in
effect prior to August 28, 2003, condominium and apartment units not
previously enrolled may be ineligible for enrollment if it is determined
that the sewer lateral serving the unit is defective.

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

Shall a maximum charge not to exceed fifty dollars be assessed annually
on residential property for each lateral sewer service line serving six
or less dwelling units on that property and condominiums that have six or
less condominium units per building and any condominium responsible for
its own individual lateral sewer line to provide funds to pay the cost of
certain repairs of those lateral sewer service lines which may be billed
quarterly or annually?

[ ] YES [ ] NO

3. If a majority of the voters voting thereon approve the proposal
provided for in subsection 2 of this section, the governing body of the
city, town, village or county may enact an ordinance for the collection
and administration of such fee in order to protect the public health,
welfare, peace and safety. The funds collected pursuant to such ordinance
shall be deposited in a special account to be used solely for the purpose
of paying for all or a portion of the costs reasonably associated with
and necessary to administer and carry out the defective lateral sewer
service line repairs. All interest generated on deposited funds shall be
accrued to the special account established for the repair of lateral
sewer service lines. (L. 1995 H.B. 88 § 21 merged with H.B. 484 § 1
merged with S.B. 228 § 1, A.L. 1997 H.B. 709, A.L. 2000 S.B. 741, A.L.
2003 S.B. 218 merged with S.B. 301)

1. Notwithstanding any other provision of law to the contrary,
the collector in any city, town, village or county that adopts an
ordinance pursuant to section 249.422, who now or hereafter collects any
fee to provide for, ensure or guarantee the repair of lateral sewer lines
connected to public sewer lines, may add such fee to the general tax levy
bills of property owners within the city, town, village or unincorporated
area of the county. All revenues received on such combined bill which are
for the purpose of providing for, ensuring or guaranteeing the repair of
lateral sewer lines, shall be separated from all other revenues so
collected and credited to the appropriate fund or account of the city,
town, village or county.

2. The collector of the city, town, village or county may collect such
fee in the same manner and to the same extent as the collector now or
hereafter may collect delinquent real estate taxes and tax bills. (L.
1995 H.B. 88 § 22 merged with H.B. 484 § 2 merged with S.B. 228 § 2)

For the purpose of sections 249.430 to 249.660, the following
definitions will apply:

(1) "Lateral sewer district" shall mean all of the area served by a
lateral area;

(2) "Main sewer district" shall include all of the area in, and including
the watershed, and including the area of any submain and lateral sewer
districts served by the main sewer;

(3) "Submain sewer district" shall mean all of the area served by a
submain sewer district and shall include the area of any lateral sewer
district served by a submain sewer. (L. 1941 p. 557 § 2)

The county commission of any county in this state, in which is
located an unincorporated village or district in which main and submain
sewers have already been constructed or hereafter may be constructed or
deemed necessary, shall have power to establish sewer districts as
provided in section 249.450, and to provide for the construction of
sewers therein, and to pay the costs thereof by levying special
assessments against the lots, tracts or parcels of ground in said sewer
districts, and to issue special tax bills evidencing such assessments.
(L. 1941 p. 557 § 1, A.L. 1953 p. 541, A.L. 1957 p. 585, A.L. 1959 S.B.
261)

CROSS REFERENCES: Contractual agreements between political subdivisions
for common facilities and services, RSMo 70.210 to 70.320 County planning
commission, class one counties to approve improvements, RSMo 64.050,
64.235

1. In any county having not less than five hundred thousand and
not more than seven hundred thousand inhabitants, in any county which
adjoins or which contains a portion of a city having more than four
hundred thousand inhabitants, and in any county of the first class not
having a charter form of government, whenever a petition signed by ten
percent of the voters of the proposed district is filed with the county
clerk of any such county, or whenever such county commission deems the
construction of sewers necessary for sanitary or other purposes, such
county commission after consultation with the sewer engineer shall adopt
a resolution to establish such sewer district or districts. The
resolution shall describe generally the size and location of the proposed
sewer district or districts.

2. In any county of classes two, three or four which are not subject to
subsection 1, the county commission of the county, upon the filing of a
petition signed by ten percent of the voters of the proposed district,
shall, after consultation with the sewer engineer, adopt a resolution to
establish the sewer district. The resolution shall describe generally the
size and location of the proposed sewer district.

3. Any sewer district created by resolution of the county commission in
accordance with this section shall be a body corporate and a political
subdivision of the state of Missouri, shall be capable of suing and being
sued in contract in its corporate name, and shall be capable of holding
such real and personal property necessary for corporate purposes. The
county commission shall serve as the governing body of any sewer district
created in accordance with this section. (L. 1941 p. 557 § 5, A.L. 1959
S.B. 261, A.L. 1963 p. 395, A.L. 1973 H.B. 625, A.L. 1978 H.B. 971, A.L.
1983 H.B. 371)

A county commission serving as the governing body of any sewer
district, now or hereafter existing and created in accordance with
subsection 1 of section 249.450, may by resolution delegate and assign
responsibility for the control and operation of such district to the
board of trustees of any common sewer district formed under sections
204.250 to 204.470, RSMo, which lies wholly or partially within the same
county, subject to the acceptance of such delegation and assignment by
such board of trustees. Upon such acceptance, the delegation and
assignment shall become irrevocable except by action of both the county
commission and the board of trustees of the common sewer district, and
the board of trustees of the common sewer district shall have the same
powers and duties with regard to the sewer district created under
subsection 1 of section 249.450, as are provided the county commission
under chapter 249. (L. 1995 H.B. 88 § 23)

Whenever the county commission deems it necessary to provide for
the construction of sewers as provided for in sections 249.430 to
249.660, it shall designate the county highway engineer or other
qualified engineer as sewer engineer. The sewer engineer shall advise the
county commission with reference to proper boundaries of any sewer
districts to be established and shall also superintend the construction
of the sewers and the maintenance thereof and the apportionment of the
cost thereof as provided by law. The county commission shall also request
the county clerk to appoint or designate a deputy county clerk to keep
the special records which will, or shall be required for the proceedings
for the construction and maintenance of sewer districts or divisions. (L.
1941 p. 557 § 3, A.L. 1983 H.B. 371)

1. The county commission, after receiving the recommendations of
the sewer engineer, may, by resolution, establish the boundaries of the
sewer district or districts including therein only such lots, tracts and
parcels of ground which may be conveniently served by a sewer, except
that whenever the commission of a county of the first classification
without a charter form of government deems that a countywide wastewater
treatment authority would best serve the needs of such county, the
commission may establish a countywide sewer district which shall be
subject to the provisions of sections 249.430 to 249.660. The action of
the county commission in determining the boundaries of said sewer
districts shall be conclusive, provided that, except as otherwise
provided in this section, no ground shall be included in a sewer district
not contained in the natural drainage area or watercourse, or may be
conveniently served through said sewer.

2. For each countywide wastewater treatment authority established
pursuant to this section, the county commission of such county shall, by
resolution, order, or ordinance, appoint five trustees, all of whom shall
reside within the county. In the event there is more than one district
within the county organized pursuant to this chapter, no less number of
the trustees so appointed shall reside within the district having the
greatest number of customers than reside in any other such district in
the county. The trustees, whose terms shall begin on the date the
authority is established, shall be responsible for the control and
operation of the countywide wastewater treatment authority and shall have
the same powers and duties as the county commission as provided in this
chapter. The term of each trustee shall be five years, except that, of
the first board appointed, one member shall serve for one year, one
member shall serve for two years, one member shall serve for three years,
one member shall serve for four years, and one member shall serve for
five years. All vacancies after the initial appointment shall be filled
by the county commission. The trustees shall be reimbursed by the
district for all reasonable expenses incurred in the performance of their
duties, which amount shall not exceed the sum of twenty-five dollars per
month. (L. 1941 p. 557 § 4, A.L. 1999 H.B. 450, A.L. 2000 H.B. 1238)

1. The county commission shall set a day for hearing anyone who
might be interested with regard to the proposed work and shall publish
the resolution with a notice of the time and place of hearing in some
local newspaper of general circulation, published in the county, and if
possible in the district affected by the resolution, and designated by
the county commission, at least two weeks before the date of the hearing,
and by posting a copy of the resolution in five public places in the
proposed sewer district or districts. At such hearing anyone interested
in the proposed construction or operation of sewers may appear and
present his views to the county commission.

2. Unless a majority of the registered voters within the sewer districts
shall file a protest in writing with the county clerk on or before the
day set for a hearing, the county commission may proceed with the
construction of the sewers. If such a majority protest is filed, the
county commission shall have no authority to proceed with said work
unless the department of health and senior services or the department of
natural resources files with the county clerk a written recommendation
that such sewer is necessary for sanitary or other purposes, in which
case the county commission shall have the right to proceed as if no
protest had been filed. The determination of the county commission as to
the sufficiency of any protest shall be conclusive unless such
determination is attacked by a proceeding in the circuit court within ten
days after such determination. After the expiration of six months after
the filing of any such protest a new resolution may be adopted if deemed
necessary by the county commission. (L. 1941 p. 557 § 6, A.L. 1983 H.B.
371)

A sewer district created under sections 249.430 to 249.667 is to
be considered an entity separate from the county commission, and is not
governed by the administrative or procedural requirements of county
commissions unless specified otherwise in sections 249.430 to 249.667.
(L. 1983 H.B. 371)

The county commission shall have authority, by resolution, to
subdivide, enlarge, or change the boundaries of any sewer district
authorized in sections 249.430 to 249.660, and more than one main sewer
may be laid in one district if deemed necessary by the county commission
for sanitary or other purposes. (L. 1941 p. 557 § 11, A.L. 1983 H.B. 371)

Joint district sewers may be constructed by the county
commission whenever the county commission deems it necessary that a sewer
shall be constructed in any part of a sewer district extending into two
or more districts. In such case, it may, by resolution, unite contiguous
sewer districts into a joint sewer district and cause a sewer to be
constructed therein in like manner and in all respects as is provided in
the case of district sewers. The cost of constructing said joint district
sewer, less any amount procured from federal or other governmental
source, shall be assessed and paid in special tax bills against the
property included in the joint sewer district, the same as provided in
the case of district sewers. The action of the county commission creating
the joint sewer district shall be conclusive as to the necessity
therefor, and no special tax bills shall be held invalid or be affected
on account of the included drainage area thereof, or the size, character
or purpose of such sewer; provided, that no sewer district shall be
included in such joint district which is not included in the natural
drainage area in the valley or watercourse in which the joint district
sewer is proposed to be constructed, or which may be conveniently served
in said area. (L. 1941 p. 557 § 12)

If the county commission determines to proceed with the
construction of district sewers it shall cause plans and specifications
to be prepared by the sewer engineer and shall advertise for bids for
said work by causing a notice to bidders to be published, at least two
weeks prior to the date of receiving bids, in a newspaper of general
circulation published in said county. All contracts for such work shall
be awarded to the lowest and best bidder, but the county commission may
reject any and all bids. (L. 1941 p. 557 § 7)

1. The county commission may contract with each participating
community for the payment of its proportionate share of treatment costs.

2. The county commission may refuse to receive any wastes into the sewage
system which do not meet relevant water pollution, solid waste, or
pretreatment standards.

3. The county commission shall have all of the powers necessary and
convenient to provide for the operation, maintenance, administration, and
regulation, including the adoption of rules and regulations, of any
individual home or business sewage treatment systems within the
jurisdiction of the sewer district.

4. The county commission shall have power to pass all necessary rules and
regulations for the proper management and conduct of the business of the
sewer district, and for carrying into effect the objects for which the
district is formed.

5. After the owner of the sewer treatment system has been notified of any
violation and has been given a reasonable time of not less than thirty
days in which to come into compliance, it shall be a class C misdemeanor
for any sewer treatment system to be operated within the jurisdiction of
the sewer district which is not in compliance with applicable water
pollution, solid waste, or pretreatment regulations or ordinances. Any
penalty imposed by this subsection shall not preclude any appropriate
civil remedy. (L. 1983 H.B. 371)

1. The contractor to whom such contract is awarded shall enter
into a contract with the county commission and shall furnish a corporate
surety bond to be approved by the county commission in an amount set by
the commission and at least as much as the amount of the contract.

2. When the terms of such contract have been completed under the
supervision of the sewer engineer, said engineer shall compute the cost
thereof, including necessary engineering and clerical expenses, certify
same to county clerk who shall then proceed to apportion the same against
the lots, tracts, or parcels of ground in such sewer district or
districts calculated according to one of the following:

(1) The square footage in proportion to the area of the whole district;

(2) The lineal feet of sewer line running along or through the property
for each lot, tract, or parcel of ground in the sewer district, exclusive
only of public highways and parks; or

(3) By determining the total number of lots affected and apportioning the
cost equally to each lot; and shall report the same to the county
commission. Upon presentation of the report of the sewer engineer the
county commission shall levy an assessment in accordance therewith
against all the land except public highways and parks in the sewer
district or districts, and shall issue special tax bills to the
contractor in payment for the work.

3. In case the owner of any land described in any such tax bill files a
request with the county clerk prior to the acceptance of the work by the
county, requesting that his tax bill or bills shall be made payable in
equal installments, or in case the county commission determines that it
is advisable that they be paid in installments, such special tax bills
shall be payable in annual equal installments from two to ten years after
the date of their issue, as the commission deems warranted under the
circumstances. The whole of any such special tax bill made payable in
installments may be paid at the date of any installment payment.

4. Every certified tax bill, whether the same be made payable in
installments or not, shall bear interest at the current rate per annum as
approved by the county commission from the date of issue until paid, but
may be paid without interest within thirty days after the date of issue,
and shall be a special lien against the property described therein for a
period of five years from its date, except for when payable in
installments, when the special lien shall extend for a period of one year
after the date the last installment payment shall become due. Every such
certified tax bill shall be assignable and shall in an action brought to
recover the amount thereof be prima facie evidence of the validity of the
charges against the property therein described. If such tax bills are not
issued in installments as provided in section 249.530, they shall become
due and payable thirty days after date. (L. 1941 p. 557 § 8, A.L. 1983
H.B. 371, A.L. 1997 H.B. 159)

In addition to the method of constructing sewers by contract as
provided for in section 249.510, if the county commission deems it
practicable to procure from federal or any other governmental source any
part of the cost of the construction of main or submain or lateral
sewers, or if for any other reason said county commission deems it more
efficient and economical to construct any of such sewers without letting
a contract therefor, the county commission may proceed to the
construction of the same under the supervision of the sewer engineer. In
such case, an accurate account of the cost thereof shall be kept by the
county commission and the commission shall be authorized to accept any
financial aid either by the contribution of labor or material, or both,
and any amount so received shall be first applied to the cost of such
work and the balance thereof shall be paid by special assessment
apportioned as provided in section 249.510, and special tax bills shall
be issued therefor. The tax bills authorized in this section may be
issued in installments, or payable at one time, as provided in section
249.520 where work is done by a contractor. The county may bring suit to
collect the said tax bills, or they may be assigned by the county
commission on such terms as it deems advisable. (L. 1941 p. 557 § 21)

1. The county commission shall have the right to condemn any
land or other property within or without the district for right-of-way
for sewers or for any other improvements or structure deemed necessary or
advisable for or in connection with the sewer system of the district or
districts, or for any of the purposes provided in sections 249.430 to
249.660, and in so doing shall follow the procedure that is now provided
by chapter 523, RSMo. The county commission shall also have the same
authority to enter upon private lands to survey land or other property
before exercise of the above condemnation powers as is granted under
section 388.210, RSMo, to railroad corporations.

2. If it is necessary to construct a trunk sewer or similar sewage
handling line across or on any land that has not been platted and such
plat finally approved by the county planning commission, county zoning
commission, county planning and zoning commission, or county governing
body, the expenses incurred in constructing such line and restoring the
land across or on which such line is located as near as possible to its
former condition shall be apportioned against the adjoining property,
area, or districts served. (L. 1941 p. 557 § 24, A.L. 1959 S.B. 210, A.L.
1983 H.B. 371)

The sewer engineer is hereby given authority to employ such help
and assistance as may be necessary for the carrying on of the
maintenance, repair and administrative expenses of any sewer district or
districts, as provided in sections 249.430 to 249.660, subject to the
approval of the county commission. (L. 1941 p. 557 § 18)

1. Engineering and administrative expense for sewer extensions
and laterals shall be apportioned against the adjoining property, area or
districts served.

2. The county commission may make general regulations concerning the
right to make house or building connections with any of said sewers and
shall require that a permit must be obtained from the sewer engineer
before such connection shall be allowed and also that all costs of making
such connection shall be paid by the person requesting such permit. The
county commission, by resolution, may delegate full authority to the
sewer engineer to regulate the connections of any sewer herein provided
for and to regulate the kind of sewage which may be discharged therein.

3. The sewer engineer may be authorized by the county commission to make
a contract or contracts with any municipal corporation to allow such
municipal corporation to discharge sewage in any part of the sewerage
system, which is maintained under the provisions of sections 249.430 to
249.660, for such compensation and upon such reasonable terms as may be
agreed upon between such municipal corporation and such sewer engineer,
all subject to the approval of the county commission. The sewer engineer,
by and with the approval of the county commission, shall also have power
and authority to adopt, formulate and promulgate a code or set of rules
and regulations pertaining to and respecting any and all specifications,
plumbing installations and repair work on any fixtures or appurtenances
located on any premises included in or embraced by any district or
districts set up, as provided for in sections 249.430 to 249.660. (L.
1941 p. 557 § 19)

Any person who shall violate section 249.560, or any order, rule
or regulation adopted under the authority of said section shall be guilty
of a misdemeanor. (L. 1955 p. 606 § 1)

In all cases where lateral sewers have already been constructed
of suitable materials and manner of construction the county commission
shall provide regulations authorizing the connection of the same with the
main or submain sewers and shall have the same authority to regulate
house and building connection with said sewers as with sewers constructed
under sections 249.430 to 249.660. The ground served by any such lateral
sewer already constructed may be established as a sewer district by the
county commission and shall not be assessed with the cost of construction
of any sewer provided for in sections 249.430 to 249.660 except submain
or main sewers, unless it is deemed necessary by the county commission
that additional sewers be constructed in said district or districts, in
which case the county commission shall have the right to construct
additional sewers and levy assessments to pay the cost thereof, the same
as in the case of other districts. (L. 1941 p. 557 § 20)

All special tax bills provided for by sections 249.430 to
249.660 shall be made out in favor of the contractor to be paid, or his
assignee, and all such special tax bills shall be certified by the county
clerk or in his name by any deputy county clerk thereto authorized by an
order of the county commission of record, and said county clerk shall
deliver such tax bills to the party in whose favor made out, or his
assignee, and take the receipt of such party therefor in full of all
claims against the county on account of the work for which such tax bills
shall have been made out. No tax bill need give the name of any party
owning or interested in the land charged thereby. (L. 1941 p. 557 § 9)

The county clerk shall keep a record of all special tax bills
issued under the provisions of sections 249.430 to 249.660, said record
to contain a description of the land covered by each special tax bill,
the amount assessed against the same, and the date of the issue thereof
and the rate of interest thereon, and also the name of the respective
owners of the tracts of land described in said tax bills, as shown by the
tax books in the office of the county collector, but any error in such
record shall not affect the validity of said special tax bills. (L. 1941
p. 557 § 13)

When any work is done and payment therefor is to be made in
special tax bills or in special assessments as provided in sections
249.430 to 249.660, the county shall in no event, nor in any manner
whatever, be liable for or on account of such work done or improvement
made or liable in any manner for the payment of the same by reason of any
invalidity or error in any such tax bill or special assessment. (L. 1941
p. 557 § 10)

1. The county clerk shall deliver a certified copy of said
record of all special tax bills issued under the provisions of sections
249.430 to 249.660, to the county collector, who shall incorporate them
in a special record known as "Sewer Tax Bill Record".

2. When any inquiry is made of the county collector concerning the amount
of taxes against any lot, tract or parcel of land, in addition to the
general taxes he shall report the amount of special sewer taxes levied
against such lot, tract, or parcel of land. Anyone interested in said
lot, tract or parcel of land may pay the amount of said special sewer
taxes to the county collector who shall receive said payment and mark the
same on his record of said special assessment and shall issue duplicate
receipts therefor, one of which shall be filed with the county clerk and
the fact of payment noted on the record of said special assessment in the
office of the county clerk. Such entry upon the books of the county
collector shall be evidence of payment of the tax bills as therein
stated. When the tax bills are issued payable in installments as provided
in section 249.530, upon presentation of any such tax bill showing by
endorsement the payment of any of said installments the county collector
shall note the payment of such installments upon his record of special
tax bills and such entry shall be evidence of payment of any such
installment. (L. 1941 p. 557 § 14)

After any such tax bill or any installment has been paid to the
county collector, he shall pay the amount of such payment to the holder
of the special tax bill and shall cancel and preserve any such tax bill
presented to him, or if only an installment of said tax bill has been
paid, shall have the holder of such tax bill endorse the receipt of the
amount of said tax bill upon the back of said tax bill, and when the last
installment shall have been paid, mark such tax bill canceled and
preserve the same. (L. 1941 p. 557 § 15)

When any special tax bill has been paid to the owner or holder
thereof, and marked paid upon presentation of such bill to the county
clerk he shall cancel and mark paid the amount of such tax bill on the
record thereof, and such entry shall be evidence of the payment of the
tax bill as therein stated. When the tax bills are issued payable in
installments as provided in section 249.530, upon presentation of any
such tax bill showing by endorsement the payment of any of the said
installments the county collector shall note the payment of such
installments upon his record of said tax bill and such entry shall be
evidence of payment of such installment. (L. 1941 p. 557 § 16)

1. Upon the recommendation of the sewer engineer, the county
commission, by resolution, shall have authority to levy a special
assessment upon all lots, tracts or parcels of land, including
improvements, in any sewer district established as provided in sections
249.430 to 249.660 for the maintenance, repair and administrative expense
of the sewer in such sewer district or districts, the assessment to be
levied according to the lots, tracts or parcels of real estate including
improvements, as shown upon the assessment books prepared by the assessor
of such county, such assessment not to exceed one-half of one percent of
such assessed valuation; provided, however, that no assessment shall be
made against any land that has not been platted and such plat finally
approved by the county planning commission, county zoning commission,
county planning and zoning commission, or county governing body, and
against which condemnation proceedings for a trunk sewer or similar
sewage handling line have been completed, unless the owner or owners of
such land have petitioned for sewer service under sections 249.430 to
249.660 or have requested to tap-on to such line. The county clerk shall
compute the amount of such assessment against each lot, tract or parcel
of real estate in such sewer district or districts and deliver a
certified copy of such assessment to the county collector. The county
collector shall report such assessment to anyone making inquiry about the
taxes and shall receive payment therefor, and issue a duplicate receipt
therefor, one of which shall be filed with the county clerk, and such
payments shall be remitted to the county treasurer who shall be required
to keep a separate account thereof which shall be subject to warrants
drawn on the account by the county commission, to be used only in the
furtherance of the provisions of sections 249.430 to 249.660.

2. Every certified assessment shall bear interest from the date of
issuance until paid, but may be paid without interest within thirty days
after the date of issuance, and shall be a special tax lien against the
property described therein for a period of five years from its date. The
assessment levied and extended upon the books as aforesaid shall be
collected in the same manner and the lien shall be enforced in the same
manner as the taxes levied for state and county purposes. (L. 1941 p. 557
§ 17, A.L. 1955 p. 603, A.L. 1983 H.B. 371)

1. Any public sewer district created under the provisions of
sections 249.430 to 249.660 or established pursuant to article VI,
section 30(a) of the Missouri Constitution may establish, make and
collect charges for sewage services, including tap-on fees. The charges
may be set as a flat fee or based upon the amount of water supplied to
the premises and shall be in addition to those charges which may be
levied and collected for maintenance, repair and administration expenses
as provided for in section 249.640. Any private water company, public
water supply district, or municipality supplying water to the premises
located within a sewer district shall, upon reasonable request, make
available to such sewer district its records and books so that such sewer
district may obtain therefrom such data as may be necessary to calculate
the charges for sewer service. Prior to establishing any such sewer
charges, public hearings shall be held thereon and at least thirty days'
notice shall be given thereof.

2. Any charges made under this section shall be due at such time or times
as specified by the county commission, and shall, if not paid by the due
date, become delinquent and shall bear interest from the date of
delinquency until paid. If such charges become delinquent, they shall be
a lien upon the land charged, upon the county commission filing with the
recorder of deeds in the county where the land is situated a notice of
delinquency. The county commission shall file with the recorder of deeds
a similar notice when the delinquent amounts, plus interest and any
recording fees or attorney's fees, have been paid in full. The lien
hereby created may be enforced by suit or foreclosure.

3. Should a lien be placed upon a customer's property by a public sewer
district for unpaid sewer charges, the lien shall have priority as and be
enforced in the same manner as taxes levied for state and county purposes.

4. Should the sewer charges remain unpaid for a period in excess of three
months, the district, after notice to the customer by certified mail,
shall have the authority at its discretion to disconnect the customer's
sewer line from the district's line or request any private water company,
public water supply district, or any municipality supplying water to the
premises to discontinue service to the customer until such time as the
sewer charges and all related costs of this section are paid. (L. 1969
S.B. 320 § 1, A.L. 1983 H.B. 371, A.L. 1991 H.B. 299, A.L. 1999 H.B. 450
merged with S.B. 160 & 82)

Suits to collect any tax bills herein authorized may be brought
in any court of competent jurisdiction by the person to whom issued or
any assignee in their own names. Every such certified tax bill shall, in
an action brought to recover the amount thereof, be prima facie evidence
of the validity of the charges against the property therein described;
and where suit is brought before the liens have expired, said liens shall
continue until the termination of such suits and the satisfaction of the
judgments. (L. 1941 p. 557 § 22)

The county commission may require the county counselor, or an
assistant county counselor, to give advice and conduct all legal
proceedings or suits necessary in the administration of sections 249.430
to 249.660, and if deemed necessary the county commission may also employ
a special attorney or attorneys for such purposes upon terms fixed by an
agreement in writing. (L. 1941 p. 557 § 23)

1. Any sewer district heretofore or hereafter created by the
county commission of any county of the first class not having a charter
form of government, the obligations of which district have been paid or
payment therefor having been duly provided, may by order of the county
commission be dissolved, and upon such dissolution all unexpended
assessments and taxes in the operation and maintenance account of said
district shall be paid into the county treasury, and all unexpended
assessments, taxes, funds and deposits in the revenue and general
obligation bond fund shall be applied toward the payment of the
obligations of said district.

2. The county commission of any such county may, upon dissolution of any
sewer district, lease, sell, transfer or convey any or all of its
sanitary sewage system, treatment plant, facilities and appurtenances
thereto, including both land and rights-of-way, and main and submain
sewers in or for any sewer or joint sewer district to any municipality or
other political subdivision, and, in such event, such municipality or
other political subdivision shall have all of the powers and authority
with respect to any bonds or obligations of such sewer district, or
otherwise, as are conferred by chapters 249 and 250, RSMo, for such time
as such bonds or obligations remain outstanding.

3. Any sewer district organized under the provisions of sections 249.430
through 249.665, except sewer districts organized in counties of the
first class, may, if all obligations of the district have been paid or
the payment thereof has been provided, be dissolved by order of the
county commission. Upon dissolution the land, rights-of-way, treatment
plant, main and submain sewers, and all appurtenances of the sewer
district may be transferred or conveyed to a municipality or other
political subdivision. Upon the transfer all unexpended assessments,
taxes, deposits, or other funds held by the district shall be transferred
to the municipality for the construction, operation, and maintenance of
the facilities of the district, except that all unexpended assessments,
taxes, funds and deposits in the revenue and general obligation bond fund
shall be held by the municipality for the payment of the obligations of
the district. (L. 1961 p. 449 §§ 1, 2, A.L. 1963 p. 395)

All incorporated cities located within the boundaries of any
such county are hereby excluded from any sewer district formed under the
provisions of sections 249.430 to 249.660, unless such city shall
petition the county commission to participate in the county district and
be accepted by the county commission. Any incorporated city discharging
sewage into the sewer mains of any such sewer district shall pay to such
sewer district for the use of said sewer mains an annual rental to be
determined by a census of the population served, or by measurement of
volume of sewage so discharged into said sewer mains, or by a stipulated
contract price. (L. 1951 p. 637)

Whenever a sewer district, or any part thereof, in any county of
the first class not having a charter form of government, is embraced
within the corporate limits of any municipality, all of the sanitary
sewage system, treatment plant, facilities, and appurtenances thereto,
including both land and rights-of-way and main and submain sewers of any
sewer or joint sewer district, shall vest in said municipality, and it
shall be the duty of said municipality to assume, take charge of, and
exercise control over said sewage system. Whenever said district shall
have issued bonds payable from taxes or from revenue, such municipality
shall retain as to the area in such district all of the powers and
authority theretofore conferred upon said district by law. All unexpended
assessments and taxes in the operation and maintenance account of said
district shall be paid into the county treasury, and all unexpended
assessments, taxes, funds and deposits in the revenue and general
obligation bond fund shall be applied toward the payment of the
obligations of said district. (L. 1961 p. 450 § 1)

Whenever a sewer district, in any county of the first class not
having a charter form of government, shall embrace within its corporate
limits any territory situated in any city, town or village, and shall
have issued bonds payable from taxes or from revenue, the county
commission of the county within which such district is situated shall
retain, as to the area in such district, all of the powers and authority
conferred by chapters 249 and 250, RSMo, for such period of time as such
bonds remain outstanding. (L. 1959 S.B. 211 § 1)

In all first class counties in which a charter form of
government is adopted, the county commission, upon written request from
all districts in the county, within sixty days prior to the effective
date of the new charter form of government, shall by resolution, order,
or ordinance, appoint five trustees, the majority of whom shall reside
within the boundaries of the district. In the event there is more than
one district within the county organized pursuant to this chapter the
majority of the trustees appointed shall reside within the district
having the greatest number of customers. The trustees, whose term shall
begin on the same date that the charter form of government becomes
effective, shall be responsible for the control and operation of all such
sewer districts organized pursuant to this chapter in the county, and
shall have the same powers and duties as the county commission as
provided in this chapter. The term of each trustee shall be five years,
except that, of the first board appointed, one member shall serve for one
year, one member shall serve for two years, one member shall serve for
three years, one member shall serve for four years, and one member shall
serve for five years. All vacancies after the initial appointment shall
be filled by the county executive officer with the concurrence of the
governing body of the county as constituted under the charter form of
government. The trustees shall be reimbursed by the district for all
reasonable expenses incurred in the performance of their duties, which
amount shall not exceed the sum of twenty-five dollars per month. (L.
1992 H.B. 1307 § 3)

Effective 4-7-92

1. Whenever any sewer district heretofore or hereafter
incorporated in any county, now or hereafter having a population of not
less than seven hundred thousand inhabitants nor more than seven hundred
and fifty thousand inhabitants, under any statute of this state
heretofore or hereafter enacted is to be dissolved under and pursuant to
law, the governor shall appoint a liquidator of such sewer district. Such
liquidator shall qualify by taking an oath administered by the circuit
court clerk of said county, to faithfully perform the duties of his
office as liquidator of such sewer district, and shall give bond
conditioned upon like performance in such penal sum as shall be fixed by
the circuit court. The governor shall have the power to remove such
liquidator at will with or without cause and in the event of such removal
shall appoint a successor.

2. Such liquidator shall have all the powers and be charged with all the
duties of the board of supervisors of such district, and shall have power
by and with the approval of the circuit court to compromise any or all
outstanding indebtedness of the sewer district; said liquidator shall
have the power with the approval of the court to contest the validity of
any claim arising against such sewer district by the institution and
prosecution or the defense of any action, and he shall likewise have
power, subject to the same approval, where the total uncollected taxes
levied by such sewer district exceeds the outstanding indebtedness with
interest, to compromise such taxes upon such basis as will provide for
the payment of the outstanding debts, with interest, taking into account
the cost of liquidation and, if a compromise of any indebtedness of the
district shall have been made, such compromise of taxes shall take into
account the reduction in the indebtedness made by reason of such
compromise. (RSMo 1939 § 12682, A.L. 1953 p. 541, A.L. 1961 p. 448)

Upon the appointment and qualification of the liquidator for any
district, he shall immediately succeed to the powers and duties of the
board of supervisors and officers of such district and thereafter such
officers and supervisors in such district shall cease to have any further
powers or duties except to transfer to such liquidator all funds and
property of such district and the liquidator shall be substituted as
party plaintiff or defendant in all suits by or against the district or
the supervisors. Said liquidator immediately upon his appointment and
qualification shall take possession of all the property and effects of
such sewer district and shall have the power with the approval of the
court to dispose of the same. (RSMo 1939 § 12683)

In any county in which the circuit court now consists or shall
hereafter consist of more than one division, presided over by a circuit
judge, the word "court" as used in sections 249.670 to 249.700 shall mean
the circuit judges of the court sitting as a court en banc and the
decision of a majority of the circuit judges thereof shall be controlling
with respect to the provisions of sections 249.670 to 249.700. In any
county in which there are now or hereafter shall exist more than one
district to which sections 249.670 to 249.700 are or shall become
applicable, the governor shall appoint the same liquidator for all such
districts in such county. (RSMo 1939 § 12684, A.L. 1978 H.B. 1634)

Effective 1-2-79

The liquidator under sections 249.670 to 249.700 shall receive
compensation to be fixed by the court, not to exceed two hundred and
fifty dollars per month, and he shall also have power, subject to the
approval of the court, to employ counsel whose compensation shall not
exceed two hundred dollars per month and necessary clerks whose
compensation shall be approved by the court; such counsel and clerks
shall serve at the will of the liquidator. The compensation of the
liquidator, his counsel and clerks shall be deemed part of the cost of
winding up the district. (RSMo 1939 § 12685)

Hereafter all penalties for the nonpayment of any tax levied by
any sewer district incorporated under the laws of this state shall be
one-half of one percent per month and no more, notwithstanding the
provision of any prior law under which such sewer district may have been
or may be hereafter incorporated, and any and all provisions of any law
under which sewer districts may have been or may hereafter be
incorporated inconsistent with the provisions of this section are hereby
repealed. (RSMo 1939 § 12686)

All penalties accrued for the nonpayment of any tax levied by
any sewer district incorporated under the laws of this state in excess of
one-half of one percent per month are hereby abated and remitted, and the
amount of any such penalty reduced to one-half of one percent per month.
(RSMo 1939 § 12687)

In the event of any suit at law or in equity hereafter filed
against any delinquent taxpayer for the purpose of enforcing collection
of any tax levied by any sewer district incorporated under the laws of
this state, and in the event the petition in such suit claims an amount
as penalties in excess of one-half of one percent per month and for which
no use has been provided by law, in such suits it shall be unlawful to
tax any court costs against such taxpayer so sued. (RSMo 1939 § 12688)

Whenever any sewer district incorporated under the laws of this
state shall sue any delinquent taxpayer on account of any tax levied by
such sewer district, and if such sewer district be exempt by law from
securing or paying the court costs incident to such suit, then in all
such cases all courts of this state before whom such suit may be
hereafter heard shall take into consideration all of the facts and
circumstances concerning the levy of such tax and the bringing of such
suit, the claims made in the district's petition, all matters of evidence
and all facts and circumstances touching the question of justice in the
premises, and the court may, in such cases, in its discretion and in
furtherance of justice, abate, remit, waive or refuse to tax any court
cost accrued in such case against such delinquent taxpayer. (RSMo 1939 §
12689)

1. Whenever the expense of collecting the tax bills, in suits,
in any sewer district, is greater than the receipts that might be
collected in such suits, then the liquidator shall dismiss said suits.

2. When all suits in all of the districts in any county to which this
section applies are dismissed the liquidator shall sell all office
furniture and equipment for cash. All books and records of said districts
shall be delivered to the county clerk for safekeeping.

3. After the payment of expenses, the balance on hand shall be paid into
the general revenue fund of the county in which districts are located.

4. The liquidator shall file a final report with the court en banc and
upon the approval of said report the said court shall adjudge and decree
that said districts (naming them) are fully administered and dissolved
and discharge the liquidator. (L. 1953 p. 545)

Any contiguous area lying within a second classification county
or any contiguous area lying within a county of the second
classification, together with a contiguous area not presently served by a
public sewage system within an incorporated city, may be incorporated as
a sewer district as follows: ten percent of the voters within the area
may file with the circuit court a petition setting forth the reason or
necessity for a sewage treatment facility and a sewer system; the
boundary lines of the proposed district; the names of the owners of real
property within the district; and the name of the proposed district. The
petition shall specify whether the board of supervisors shall be elected
or appointed. A bond shall be filed with the petition in a sum to be
determined by the court but not in excess of five hundred dollars,
payable to the state, signed by one or more of the petitioners with
sufficient surety or sureties to be approved by the court, conditioned
upon the payment of costs and expenses. (L. 1961 p. 451 § 2, A.L. 1978
H.B. 971, A.L. 1996 S.B. 665)

1. Immediately after the petition has been filed, the clerk in
whose office the petition has been filed shall give notice by causing
publication to be made once a week for four consecutive weeks in some
newspaper published in the county in which is situate the real property
of the district, the last insertion to be made at least fifteen days
prior to the first day of the next regular term of the circuit court at
which the petition is to be heard.

2. The notice shall be substantially in the following form and it shall
be deemed sufficient for all purposes of sections 249.760 to 249.810.

NOTICE OF APPLICATION TO FORM SEWER DISTRICT

Notice is hereby given to all persons interested in the following
described real property in ......... County of Missouri (here describe
the property as set out in the petition) that a petition asking that the
foregoing real property be formed into a sewer district under the
provisions of sections 249.760 to 249.810, RSMo, and that the real
property as above described will be affected by the formation of the
sewer district and be rendered liable to taxation for the purposes of
paying the expenses of organizing and making and maintaining the
improvements that may be found necessary for the construction and
maintenance of sewage treatment facilities and the sewer system in the
district, and you, and each of you, are hereby notified to appear at the
next term of this court to be held on the ..... day of ........., 19....,
at ......... in ......... County, and show cause, if any there be, why
the sewer district as set forth in the petition shall not be organized as
a public corporation of the state of Missouri.

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

Clerk of the circuit court of ......... County. (L. 1961 p. 451 § 3, A.L.
1978 H.B. 971)

1. Any voter who may not have signed the petition, objecting to
the organization and incorporation of the sewer district, shall, on or
before the first day of the term of court at which the cause is to be
heard, file his objection why the sewer district should not be organized
and incorporated. The objection shall be limited to a denial of the
statements in the petition, and shall be heard by the court in a summary
manner, without unnecessary delay, and in case all such objections, if
any, are overruled, the circuit court shall by its order, duly entered of
record, duly declare and decree the sewer district a public corporation
of this state. The court may amend the petition by changing the proposed
boundaries in such manner as to exclude an objecting party from the
proposed district. If the court finds that the property set out in the
petition should not be incorporated into a sewer district, it shall
dismiss the proceedings and adjudge the costs against the signers of the
petition.

2. Any person having signed the petition shall have no right to have the
proceedings dismissed as to him without the written consent of the
majority of the voters who signed the petition. The petition may be
amended as any other pleading.

3. Within sixty days after the district has been declared a public
corporation by the court, the clerk thereof shall transmit to the
secretary of state a certified copy of the findings and decree of the
court incorporating the district, and the same shall be filed in the
office of the secretary of state in the same manner as articles of
incorporation are now required to be filed under the general law
concerning corporations.

4. A copy of the findings and decree, together with a plat of the
district, shall also be filed in the office of the county recorder, where
the same shall become a permanent record, and the recorder shall receive
a fee of one dollar for filing and preserving the same. (L. 1961 p. 451 §
4, A.L. 1978 H.B. 971)

(1974) An interested party may intervene even though not a landowner
within the proposed district. State ex rel. Imperial Utility Corp. v.
Hess (A.), 514 S.W.2d 645.

Within one year after any sewer district has been organized and
incorporated under the provisions of sections 249.760 to 249.810 there
shall be elected a board of five supervisors, to be composed of voters in
the district and the supervisors shall immediately by lot determine the
terms of their office, which shall be respectively one, two, three, four
and five years, and they shall serve until their successors are elected
and qualified. (L. 1961 p. 451 § 5, A.L. 1978 H.B. 971)

On each municipal election day, the voters of the district shall
elect one supervisor who shall hold his office for five years or until
his successor is elected and qualified. Should a vacancy occur, the
supervisors shall select a person to fill the vacancy who shall serve
until the next regular election. (L. 1961 p. 451 § 6, A.L. 1978 H.B. 971,
A.L. 1982 S.B. 526)

Effective 5-20-82

Following establishment of a sewer district with an appointed
board, the chief executive officer of the city shall appoint two members
and the county commission shall appoint three members to the sewer
district board of directors. The board members shall serve without
compensation for terms of four years and until their successors are
appointed and qualified; provided, however, that of the initial
appointments by the mayor one shall be for a term of one year and one
shall be for a term of two years and of the initial appointments by the
county commission, one shall be for one year, one for two years and one
for three years. A vacancy shall be filled by the mayor or the county
commission depending on who made the initial appointment. (L. 1996 S.B.
665)

Each supervisor before entering upon his official duties shall
take and subscribe to an oath before some officer authorized by law to
administer oaths, that he will honestly, faithfully, and impartially
perform the duties devolving upon him in office as supervisor of the
sewer district in which he was elected and that he will not neglect any
of the duties imposed upon him by sections 249.760 to 249.810. (L. 1961
p. 451 § 7)

1. A sewer district organized under the provisions of sections
249.763 to 249.810 is a political subdivision of the state and as such
has the same rights and privileges and is subject to the same legal
restrictions as are other similar political subdivisions.

2. The board shall have the general power to manage the affairs of the
district and all powers vested in the district shall be exercised by its
board of supervisors except insofar as approval of any action by popular
vote may be expressly required by law.

3. Every district shall have the powers and purposes prescribed by this
section and such others as may now or hereafter be prescribed by law. No
express grant of power or enumeration of powers herein shall be deemed to
limit the generality or scope of any grant of power.

4. A district may sue and be sued and may enter into any contract
necessary or proper for the exercise of its powers or the accomplishment
of its purposes.

5. A district may acquire by purchase, gift or condemnation or may lease
or rent any real or personal property. All the powers may be exercised
both within or without the district as may be necessary for the exercise
of its powers or the accomplishment of its purposes. A district may hold
property for such purposes, and may lease or rent out or sell or
otherwise dispose of any property so far as not needed for such purposes.

6. The district has the right to lay its lines in public highways, roads,
streets and alleys within the district and to repair and maintain them
but it must be done under reasonable rules and regulations of the
governmental bodies having jurisdiction over these public places. In the
construction of ditches, laying of lines, filling of ditches after lines
are laid, connection of pipes and repairing of lines, due regard must be
taken of the public in its use of thoroughfares and the equal rights of
other utilities.

7. Proceedings for the condemnation of property shall be the same as
proceedings provided for the condemnation of property by second class
counties except that the proceedings shall be instituted and carried
through by the board of supervisors. The board of supervisors shall also
have the same authority to enter upon private lands to survey land or
other property before exercise of the above condemnation powers as is
granted under section 388.210, RSMo, to railroad corporations.

8. The board of supervisors may accept and utilize donations, gifts or
contributions from the owners of property within the district or from
others, and if funds acquired in this manner are adequate for the
construction and maintenance of the sewer system, no bonds shall be
issued.

9. Each district created or reorganized under sections 249.763 to 249.810
shall have all of the powers necessary and convenient so that it may
furnish sewage disposal outlets and, in conjunction therewith, to provide
for the construction, acquisition, betterment, operation, maintenance and
administration of any disposal systems, individual home or business
sewage treatment systems, sewage treatment plants, interceptors, mains,
laterals, drains and all other appurtenances incidental thereto as the
board shall determine to be necessary and expedient.

10. A district may, upon such terms as may be agreed upon with the
respective governing bodies or authorities concerned, provide for
connecting with or using or may lease or acquire and take over any
system, works or facilities for the purposes herein provided belonging to
any other governmental subdivision or other public agency.

11. A district may, upon such terms as may be agreed upon with the
respective governing bodies or authorities concerned, authorize the use
by any other governmental subdivision or other public agency of any
system, works or facilities of the district constructed for any purpose
herein provided so far as the capacity thereof is sufficient beyond the
needs of the district. A district may extend any such system, works or
facilities and permit the use thereof by persons outside the district, so
far as the capacity thereof is sufficient beyond the needs of the
district, upon such terms as the board may prescribe.

12. A district may be a party to a joint cooperative project, undertaking
or enterprise with any one or more other governmental subdivisions or
other public agencies for any purpose herein provided upon such terms as
may be agreed upon between the governing bodies or authorities concerned.
Without limiting the effect of the foregoing provision or any other
provisions herein, a district, with respect to any of its purposes, may
act under and be subject to the provisions of section 16 of article VI of
the Constitution of Missouri, and chapter 70, RSMo.

13. The district may contract with each participating community for the
payment of its proportionate share of treatment costs.

14. The district may refuse to receive any wastes into the sewage system
which do not meet relevant state or federal water pollution, solid waste,
or pretreatment standards.

15. If the county in which a sewer district lies, at any time while the
district is in existence, changes its class to become something other
than a second class county, the sewer district may continue to operate
under the provisions of sections 249.763 to 249.810 as those sections now
exist or as they may be amended.

16. After the owner of the sewer treatment system has been notified of
any violation and has been given a reasonable time of not less than
thirty days in which to come into compliance, it shall be a class C
misdemeanor for any sewer treatment system to be operated within the
jurisdiction of the sewer district which is not in compliance with
applicable water pollution, solid waste or pretreatment regulations or
ordinances. Any penalty imposed by this subsection shall not preclude any
appropriate civil remedy.

17. In addition to other powers granted it by law, a sewer district
organized under the provisions of sections 249.763 to 249.810 may,
subject to the approval of a majority of the voters of the district who
vote thereon, levy a special assessment, tax, fee, or charge on the
property, or any portion thereof, within the district which is or will be
served by the facilities to be built, maintained, or operated with the
revenues of such special assessment, tax, fee, or charge. (L. 1961 p. 451
§ 10, A.L. 1983 H.B. 371, A.L. 1985 H.B. 95)

(1996) Section controls rate setting with regard to users outside
boundaries of district. Ag Processing, Inc. v. South St. Joseph
Industrial Sewer District, 937 S.W.2d 319 (Mo.App. W.D.).

1. Within four days after the appointment or election, the board
shall meet and organize by choosing one of its members as chairman and
one as secretary. The chairman and secretary shall serve for one year and
until their successors are selected and qualified. A majority of the
board shall constitute a quorum.

2. The board shall employ a treasurer and necessary professional,
clerical and other personnel and determine their compensation. The
treasurer may be either a member of the board or some other qualified
individual. All employees shall serve at the will of the board.

3. The board shall hold regular monthly meetings and the president may
call special meetings when it is deemed necessary.

4. All persons charged with handling funds shall be required to give bond
in an amount fixed by the board but at the expense of the district.

5. The board shall employ a competent accountant to conduct an annual
audit of the receipts, expenditures and fixed assets of the district. (L.
1961 p. 451 § 9, A.L. 1983 H.B. 371)

1. The chairman of the board shall preside at all meetings, and
execute all contracts into which the district may enter. In the absence
of the chairman the secretary shall assume his duties.

2. The secretary shall keep the official records of the meetings of the
board, attest all official documents, make reports pertaining to the
business of the district when requested to do so by the board, and
perform all other duties imposed upon him by sections 249.760 to 249.810.

3. The treasurer shall be the custodian of the funds of the district and
pay money out of the treasury only upon warrants drawn on the treasury.
Warrants shall be signed by the secretary and countersigned by the
chairman.

4. The board from time to time may make additional rules and regulations
concerning the duties of its officers and other employees. (L. 1961 p.
451 § 10)

1. The board of supervisors may establish rates or charges for
sewage disposal based upon the sums needed to retire the outstanding
revenue bonded debt and pay the interest on these obligations. The board
shall also take into consideration the need for extension of the system,
repairs, replacements, overhead charges, operating expenses and the need
for an operating fund out of which the district may make emergency
expenditures and pay necessary incidental expenses. The board may
differentiate between users in the rates charged on the basis of the
different costs of treatment of the sewage of users or the capital
contributions made by the several users. The board may adjust the rates
charged to require the payment by users of the capital investment used to
serve them.

2. Any charges made under this section shall be due at such time or times
as specified by the board of supervisors, and shall, if not paid by the
due date, become delinquent and shall bear interest from the date of
delinquency until paid. If such charges become delinquent they shall be a
lien upon the land charged, upon the board of supervisors filing with the
recorder of deeds in the county where the land is situated a notice of
delinquency. The board of supervisors shall file with the recorder of
deeds a similar notice when the delinquent amounts, plus interest and any
recording fees or attorneys' fees, have been paid in full. The lien
hereby created may be enforced by suit or foreclosure. (L. 1961 p. 451 §
11, A.L. 1983 H.B. 371)

1. Before the tenth day of May of each year the board of
supervisors of any district organized under the provisions of sections
249.760 to 249.810 shall make an estimate of the amounts required to
defray the expenses of the district.

2. The estimates shall be certified by the secretary of the board and
filed by the clerk of the county in which the district lies. Upon the
basis of these estimates the county commission shall levy an ad valorem
tax on all taxable real property within the district sufficient to
provide the necessary funds.

3. The clerk of the county commission shall enter the levies on the tax
books 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 at the same time and in the same manner as
the taxes levied for state and county purposes and the taxes when
collected shall be remitted by the collector to the treasurer of the
district. (L. 1961 p. 451 § 12)

1. The board of supervisors of a sewer district organized under
the provisions of sections 249.760 to 249.810 may borrow money either
through the issuance of bonds or through other arrangements. In this
event the board of supervisors shall proceed as follows: The board shall
adopt a resolution indicating the reasons for borrowing money, the amount
needed, the purpose for which it is to be used, and the arrangements for
the loan or the amount and type of bonds to be issued.

2. The resolution may submit at the election a proposal to borrow money
or to issue general obligation bonds, but the board of supervisors shall
not have authority to borrow money or to issue bonds unless the
constitutionally required percentage of the voters in the district voting
on the question vote in the affirmative.

3. General obligation bonds shall be issued within the limits imposed by
section 26, article VI, of the constitution. Before, or at the time of,
issuing general obligation bonds, the board of supervisors shall provide
for the collection of an annual tax, levied on all taxable real property
in the district, sufficient to pay the interest on the bonds as it falls
due, and also to constitute a sinking fund for the payment of the
principal within twenty years from the date of issuance, except that the
net income and revenues arising from the operation of the sewer system
after payment for costs of operation, maintenance, depreciation and
necessary extensions and enlargements shall be transferred to the
interest and sinking fund and applicable to the general obligation bonds
issued under the provisions of sections 249.760 to 249.810.

4. All bonds issued under the provisions of this section shall be
executed by the chairman of the board of supervisors, attested by the
secretary of the board, and shall be of such denomination, contain such
terms and be payable in such medium as the board of supervisors may
determine. (L. 1961 p. 451 § 13, A.L. 1978 H.B. 971, A.L. 1990 H.B. 1621)

The board may issue and sell current revenue bonds to meet the
current expenses of the district incurred in advance of the revenue to be
derived from the property tax levy and to be paid out of the current
revenue when accrued. The chairman of the board shall execute the bonds
on behalf of the district and they shall be attested by the secretary.
(L. 1961 p. 451 § 14)

1. Any sewer district organized under the provisions of sections
249.760 to 249.810 is authorized to refund all or any part of the
outstanding bonded indebtedness of the district including interest,
without an election.

2. When the bonds being refunded are general obligation bonds, payable
from ad valorem taxes, the refunding bonds shall also be payable from ad
valorem taxes levied upon all the taxable real property in the district.

3. All refunding bonds of a sewer district shall be negotiable and may be
issued and exchanged for existing bonds or coupons. The refunding bonds
shall contain such terms and be in denominations and payable at the place
or places designated by the board of supervisors. (L. 1961 p. 451 § 15)

1. A sewer district organized under the provisions of sections
249.760 to 249.810 may in the manner hereinafter provided authorize and
issue sewerage system revenue bonds of the district. The bonds shall be
payable solely from the revenues derived and to be derived from the
operation of the district's sanitary sewerage system or any part thereof
including income from extensions and improvements to the system
thereafter made or acquired. The bonds shall not constitute an
indebtedness of the district and no taxes shall be levied to pay the
bonds or the interest thereon.

2. Revenue bonds issued under the provisions of sections 249.760 to
249.810 shall be signed by the chairman of the board of supervisors of
the district, and the seal of the district shall be affixed, attested by
the secretary of the board. The bonds shall be payable at such bank or
trust company as the board may select. The bonds shall be registered in
the office of the secretary of the sewer district and when so registered
and issued shall import absolute verity and shall be conclusive in favor
of all persons purchasing the bonds that all proceedings and conditions
precedent have been had and performed to authorize the issuance thereof,
and the bonds shall be negotiable.

3. It is the mandatory duty of any sewer district issuing revenue bonds
under sections 249.760 to 249.810 to fix and maintain rates and make and
collect charges for the use and services of the district's sewerage
system for the benefit of which the revenue bonds were issued, sufficient
to pay the cost of maintenance and operation thereof, to pay the
principal of and the interest on all revenue bonds or any other
obligations issued by the district and chargeable to the revenues of the
system as and when the same become due, provide an adequate depreciation
and replacement fund, and to create reasonable reserves therefor, and to
provide funds ample to meet all valid and reasonable requirements of the
resolution authorizing the revenue bonds. The fees, rates or charges
shall be sufficient to allow for miscellaneous and emergency or
unforeseen expenses and the rates shall from time to time be revised so
as fully to meet the requirements of sections 249.760 to 249.810.

4. The resolution authorizing the issuance of revenue bonds hereunder may
establish limitations upon the issuance of additional revenue bonds
payable from the revenues of the district's sewerage system and may
provide that additional revenue bonds shall stand on a parity as to the
revenues of the sewer district and in all other respects with revenue
bonds previously issued on such conditions as may be specified in the
resolution. The resolution may include other agreements, covenants or
restrictions deemed advisable by the board to effect the efficient
operation of the system and to safeguard the interest of the holders of
the revenue bonds and to secure the payment of the bonds and the interest
thereon promptly when due.

5. Whenever a district authorizes and issues revenue bonds under sections
249.760 to 249.810, an amount of the net revenues of the sewerage system
of the district sufficient for the purpose shall, by operation of
sections 249.760 to 249.810, be pledged to the payment of the principal
of and the interest on the bonds as the same shall become due. (L. 1961
p. 451 § 16)

The board of any district contemplating the issuance of revenue
bonds under the provisions of sections 249.760 to 249.810 may give notice
of its intention to issue the bonds without submitting the proposition to
the voters of the district, the notice to state the maximum amount of
bonds proposed to be issued and the general purpose of the bonds. The
notice shall further state the right of the voters in the district to
file their written protest against the issuance of the bonds as
hereinafter provided. The notice shall be published twice in a newspaper
published in the county in which the district is located. If within
fifteen days after the date of the first publication of the notice there
shall not be filed with the secretary of the district a written protest
against issuance of such revenue bonds, signed by a number equal to
twenty-five percent of the voters voting at the last preceding election
of supervisors within the sewer district, the board of the district shall
have power to issue the revenue bonds of the district to the amount and
for the purpose specified in the notice without an election. If within
fifteen days after the date of the first publication of the notice there
is filed with the secretary of the district a written protest against the
issuance of the revenue bonds signed by the requisite number of voters
within the sewer district, the board of the district shall thereupon
submit the proposed revenue bond issue to the voters of the district and,
if a majority of the voters voting on the question shall vote in favor
thereof, the proposed improvements may be made and the revenue bonds
issued in payment of the cost thereof. (L. 1961 p. 451 § 17, A.L. 1978
H.B. 971)

Sewerage services furnished by a sewer district created under
the provisions of sections 249.760 to 249.810 shall be deemed to be
furnished to both the occupant and owner of the premises receiving the
services and the sewer district rendering the services shall have power
to sue the occupant or owner, or both, of the real estate in a civil
action to recover any sums due for the services, plus a reasonable
attorney fee to be fixed by the court. (L. 1961 p. 451 § 18)

For the purpose of refunding, extending or unifying the whole or
any part of any outstanding revenue bonds of the district, any district
may issue its refunding revenue bonds not exceeding in amount the
principal of the outstanding revenue bonds to be refunded, together with
the accrued interest to the date of the refunding bonds, and the board of
the district shall provide for the payment of the interest on and
principal of the refunding bonds in the same manner and from the same
source as was provided for the payment of interest on and principal of
the bonds to be refunded. (L. 1961 p. 451 § 19)

1. The boundaries of any sewer district formed under the
provisions of sections 249.760 to 249.810 may be extended from time to
time by filing a petition with the clerk of the circuit court having
jurisdiction, signed by the board of supervisors and five or more owners
of real estate situated within the territory to be annexed. The same
proceeding shall then be followed as provided in sections 249.760 to
249.810 for the original organization of the district except that the
proposition must be voted on affirmatively by a majority of the qualified
voters voting on the proposition in the original district and the area to
be annexed combined.

2. The costs incurred in the extension of the boundaries of the district
shall be taxed to the district if the annexation is completed and
otherwise against the petitioners, except that no costs shall be taxed to
the board of supervisors.

3. Any owner of real estate that abuts upon a district once formed may
petition the board of supervisors for the incorporation of the real
estate in the district. If approval is granted by the board, the clerk of
the board shall endorse his certificate of the fact of approval by the
board upon the petition. The petition shall then be filed with the clerk
of the circuit court of the county in which the district is incorporated.
It is then the duty of the court to amend the boundaries of the district
by a decree incorporating the real estate in it. A certified copy of the
decree 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 the
proceedings shall be borne by the petitioning property owners.

4. Any owner of land that has not been platted and such plat finally
approved by the county planning commission, county zoning commission,
county planning and zoning commission, or county governing body, that
abuts upon a district previously formed or currently being formed, for
which a trunk sewer has been condemned under chapter 523, RSMo, shall not
be compelled to join such district but may petition the board of
supervisors of such district for incorporation of his land into such
district under this section. All costs of proceedings conducted under
this subsection shall be paid by the petitioning landowner. (L. 1961 p.
451 § 20, A.L. 1983 H.B. 371)

1. The incorporation of every district, heretofore or hereafter
incorporated under and by virtue of the provisions of sections 249.760 to
249.810, shall be dissolved if, at any time before bonds are issued and
negotiated to construct the works and improvements as provided by the
plan of reclamation adopted by its board of supervisors, twenty-five
percent or more of the registered voters of the district petition the
circuit court wherein the district was incorporated for a dissolution
thereof; provided, that upon the filing of any such petition, the circuit
court shall, before dissolving the corporation, ascertain and determine
the amount of money in the treasury of, or owing to, the district, and
the amount of all warrants issued and unpaid by it and the amount of the
debts and other obligations owing by it; and, if the amount of money in
the treasury and owing to the district is in excess of the amount of the
warrants, debts and other obligations, the circuit court shall order such
warrants, debts and other obligations to be forthwith paid and
discharged, and the excess divided among all the owners of land in the
district who paid the same thereto, in the proportions in which they paid
the same; but, if the amount of money, in the treasury and owing to the
corporation, is not sufficient to pay and discharge the warrants, debts
and other obligations, then the circuit court shall order the board of
supervisors to levy and collect a uniform tax upon the real property
within the district, sufficient in amount to pay the deficiency, and to
thereupon pay the same.

2. At any time during the corporate life of the district, when all
outstanding bonds have been paid and when all other indebtedness of the
district has been paid or when there is sufficient money on hand to pay
any and all outstanding indebtedness, and when there is sufficient money
on hand to pay the costs and expenses of the dissolution of the
corporation as herein provided, the board of supervisors may, and on a
petition of a number of voters equal to twenty-five percent of those
voting at the last preceding election of supervisors shall, submit the
question to the voters to determine whether or not the district shall be
dissolved and its corporate life terminated.

3. If the majority of the voters voting on the question vote in favor of
the dissolution of the incorporation of the district, the board of
supervisors shall cause to be filed in the circuit court wherein the
district was incorporated, a petition setting out the facts; that there
are no outstanding bonds of the district; that there is no other
outstanding indebtedness of the district, or that there is sufficient
money on hand to pay any outstanding indebtedness, as the case may be,
and that there is sufficient money on hand to pay the cost and expenses
of the dissolution; that due notice has been given of the meeting; and,
that a majority, qualified as herein provided, voted in favor of the
dissolution. Whereupon the court or the clerk thereof in vacation shall
cause notice to be given by publication in some newspaper printed and
published in the county for four successive weeks, the last publication
being not less than fifteen days before the first day of the term to
which the petition is made returnable, directed to the creditors,
landowners and all persons interested, of the filing of the petition, its
object and purpose, and ordering them to show cause, if any there be, on
the first day, why the corporation should not be dissolved.

4. If, upon a hearing of the petition, the court finds the facts
aforesaid and finds that there are no outstanding debts and that there is
sufficient money to pay the expenses of dissolution, it shall enter its
order dissolving said corporation. If it finds there is sufficient money
on hand to pay all outstanding debts, it shall order the debts paid and
thereafter, on proper showing of their payment, enter its order of
dissolution. (L. 1961 p. 451 § 21, A.L. 1978 H.B. 971, A.L. 1983 H.B. 371)

1. All municipalities with a population of more than one hundred
thousand inhabitants located entirely within a county of the first
classification with a charter form of government which contains all or
part of a city with a population of three hundred fifty thousand or more
inhabitants with publicly owned treatment works required to operate
national pretreatment programs may adopt all necessary ordinances for
compliance with federal and state pretreatment requirements and federal
and state water pollution control laws and regulations, and shall
exercise primary authority to adopt, modify, and repeal, and to
administer and enforce ordinances with respect to:

(1) The establishment, construction, reconstruction, improvement, repair,
operation, and maintenance of its sewer systems and treatment facilities;

(2) Industrial users discharging into its sanitary and storm sewer system
or treatment facilities; and

(3) The establishment, operation, administration, and enforcement of a
publicly owned treatment works pretreatment program consistent with state
and federal pretreatment standards, including inspection, monitoring,
sampling, permitting, and reporting programs and activities. The
municipality may, in addition to any pretreatment standards imposed under
this section, require of any user of its treatment facilities such other
pretreatment, inspection, reporting programs for industrial wastes as it
deems necessary to adequately treat such wastes.

2. The ordinances adopted by the municipalities pursuant to subsection 1
of this section shall be applicable and enforceable by administrative,
civil, or other action within any territory served by its sewer systems
or treatment facilities and against any industrial user, subdistrict,
district, or municipality who shall directly or indirectly discharge
wastewaters or permit discharge of wastewaters into the municipal sewer
systems or treatment facilities.

3. The authority granted to the municipality by this section is in
addition to and not in derogation of any other authority granted pursuant
to the constitution and laws of Missouri, any federal water pollution
control act, or the rules of any agency of federal or state government.

4. The term "industrial user", as used in sections 249.820 and 249.822,
means any nondomestic source of discharge or indirect discharge into the
district's wastewater system which is regulated under section 307(b),
(c), or (d) of the Clean Water Act, or any source listed in division A,
B, D, E, or I of the Standard Industrial Classification Manual, or any
solid waste disposal operation such as, but not limited to, landfills,
recycling facilities, solid or hazardous waste handling or disposal
facilities and facilities which store or treat aqueous wastes as
generated by facilities not located on site and which dispose of these
wastes by discharging them into the district's wastewater system. (L.
1992 H.B. 1307 § 1)

Effective 4-7-92

1. The municipality may enter into agreements with other
municipalities, subdistricts, private districts or any industrial users
which discharge wastewaters into sewers, streams or the treatment
facilities of the municipality concerning the locations and the manner in
which wastewaters may be discharged into the municipal sewer systems or
streams within the municipality, and concerning the permissible content
of acid wastes, alkaline wastes, poisonous wastes, oils, grit or other
wastes which might be hazardous or detrimental to such systems. Any
municipality, subdistrict, private district or industrial user
discharging sewage into the stream or the systems may petition the
circuit court for an order enforcing compliance with any provision of
such an agreement or determination, and that circuit court shall have
jurisdiction in all cases or questions arising out of the organization or
operations of the municipality, or from the acts of the municipal
officials.

2. The municipality may contract with other participating communities for
the payment of its proportionate share of treatment costs.

3. The municipality may refuse to receive any waste into the sewer system
which does not meet relevant state, federal, or local water pollution,
solid waste, or pretreatment standards.

4. The municipality may provide for the operation and maintenance of its
treatment facilities and the administration, regulation, and enforcement
of its pretreatment and water pollution programs, including the adoption
of ordinances, to carry out its powers with respect to all industrial
users, subdistricts, districts, and municipalities which discharge into
the collection system of the municipality's sewer systems or treatment
facilities. These powers include, but are not limited to:

(1) The promulgation of any ordinance;

(2) The issuance, modification or revocation of any order;

(3) The issuance, modification or revocation of any permit;

(4) The levying of all administrative fines upon any industrial user in
violation of the municipality's ordinances, or any permit or order issued
thereunder, in an amount not to exceed one thousand dollars per violation
per day;

(5) Commencing an action through counsel for appropriate legal or
equitable relief in a circuit court against any industrial user in
violation of the municipality's rules, regulations and ordinances or any
permit or order issued thereunder; and

(6) Petitioning the prosecutor for the county in which any criminal
violation of the municipality's ordinances or any permit or order issued
thereunder has occurred to institute criminal proceedings.

5. The municipality may adopt ordinances creating procedural remedies for
all persons affected by any order or permit issued, modified or revoked
or any fine or penalty levied by the municipality including, but not
limited to, the grant of reasonable time periods for such persons to
respond, to show cause, and to request reconsideration of fines or
penalties levied.

6. Any person who knowingly makes any false statements, representations
or certifications in any application, record, report, plan or other
document filed or required to be maintained pursuant to the
municipality's rules, regulations, ordinances or wastewater permit, or
who falsifies, tampers with or knowingly renders inaccurate any
monitoring device or method required under the municipality's rules,
regulations or ordinances shall upon conviction, be punishable by a fine
of not more than one thousand dollars per violation per day or
imprisonment for not more than one year or both. In the event of a second
or subsequent conviction, the person shall be punishable by a fine not to
exceed three thousand dollars per violation per day or imprisonment for
not more than three years or both. Any penalty imposed by this subsection
shall be in addition to all appropriate civil remedies, including
administrative fines.

7. Whenever any reference is made in this section to any action that may
be taken by the municipality, such reference includes such action by its
named executive officer or designee pursuant to powers and duties
delegated to such executive officer by the municipality. (L. 1992 H.B.
1307 § 2)

Effective 4-7-92

1. The board of directors of any sewer district incorporated
pursuant to the provisions of this chapter 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 public water
supply which serves ten or more separate properties and is located wholly
within the district and is not operated by another political subdivision
or is not located within the certificated area of a water corporation as
defined in chapter 386, RSMo, or within a public water supply district as
defined in chapter 247, RSMo, and the operation and maintenance of all
such existing 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 sewer 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 sewer rates.

3. All applicable provisions of this chapter shall apply to the
construction, operation and maintenance of water supply in the same
manner as they apply to like functions relating to sewer facilities. (L.
1993 H.B. 197 § 1)

As used in sections 249.925 to 249.955, the following terms mean:

(1) "Acquire", the acquisition of property or interests in property by
purchase, gift or other lawful means and may include the acquisition of
existing property and improvements already owned by a city or county;

(2) "Consultant", engineers, architects, planners, attorneys, financial
advisors, accountants, investment bankers and other persons deemed
competent to advise and assist the governing body of the city or county
in planning and making improvements authorized by sections 249.925 to
249.955;

(3) "Cost", all costs incurred in connection with an improvement,
including, but not limited to, costs incurred for the preparation of
preliminary reports, the preparation of plans and specifications, the
preparation and publication of notices of hearings, resolutions,
ordinances and other proceedings, fees and expenses of consultants,
interest accrued on borrowed money during the period of construction,
underwriting costs and other costs incurred in connection with the
issuance of bonds or notes, establishment of reasonably required reserve
funds for bonds or notes, the cost of land, materials, labor and other
lawful expenses incurred in planning, acquiring and doing any
improvement, reasonable construction contingencies, and work done or
services performed by a city or county in the administration and
supervision of the improvement;

(4) "Improve", to construct, reconstruct, maintain, restore, replace,
renew, repair, install, equip, extend, or to otherwise perform any work
which will provide a new sewage or storm water facility or enhance,
extend or restore the value or utility of an existing sewage or storm
water facility;

(5) "Improvement", any one or more public facilities or improvements
which confer a benefit on a new or existing sewage or storm water
facility and may include or consist of a reimprovement of a prior
improvement. Improvements include, but are not limited to, the following
activities:

(a) To acquire property or interests in property when necessary or
desirable for sewage or storm water facility purposes as authorized by
sections 249.925 to 249.955;

(b) To open, widen, extend and otherwise to improve streets, paving and
other surfacing, gutters, curbs, sidewalks, crosswalks, driveway
entrances and structures, drainage works incidental thereto, and service
connections from sewer, water, gas and other utility mains, conduits or
pipes, if such activity is necessary for or incidental to an improvement
authorized by sections 249.925 to 249.955;

(c) To improve main and lateral storm water drains and sanitary sewer
systems, and appurtenances thereto;

(d) To improve waterworks systems, if such activity is necessary for or
incidental to an improvement authorized by sections 249.925 to 249.955;

(e) To improve vehicle and pedestrian bridges, overpasses and tunnels, if
such activity is necessary for or incidental to an improvement authorized
by sections 249.925 to 249.955;

(f) To improve property for off-street parking facilities including
construction and equipment of buildings thereon, if such activity is
necessary for or incidental to an improvement authorized by sections
249.925 to 249.955;

(6) "Sewage or storm water facility improvement district", an area of any
city with a population of three hundred fifty thousand or more
inhabitants which is located in more than one county, or of any county of
the first classification without a charter form of government that has a
population of at least one hundred sixty thousand inhabitants, or of any
county of the first classification without a charter form of government
containing a portion of a city with a population of at least three
hundred fifty thousand inhabitants, or of any county of the first
classification without a charter form of government as of August 28,
1995, that has a population of more than one hundred five thousand but
less than one hundred twenty thousand inhabitants, with defined limits
and boundaries which is created by vote under sections 249.925 to 249.955
and which is benefited by a sewage or storm water facility improvement
and subject to assessments against the real property therein for the cost
of the improvement. (L. 1995 H.B. 88 § 9)

The governing body of any city with a population of three
hundred fifty thousand or more inhabitants which is located in more than
one county, or the governing body of any county of the first
classification without a charter form of government that has a population
of at least one hundred sixty thousand inhabitants, or the governing body
of any county of the first classification without a charter form of
government containing a portion of a city with a population of at least
three hundred fifty thousand inhabitants, or the governing body of any
county of the first classification without a charter form of government
as of August 28, 1995, that has a population of more than one hundred
five thousand but less than one hundred twenty thousand inhabitants, may
make, or cause to be made, improvements which confer a benefit upon
property within a sewage or storm water facility improvement district
pursuant to sections 249.925 to 249.955. The governing body of such city
or county of the first classification may incur indebtedness and issue
temporary notes and general obligation bonds of such city or county
pursuant to sections 249.925 to 249.955 to pay for all or part of the
cost of such improvements. An improvement may be combined with one or
more other improvements for the purpose of issuing a single series of
general obligation bonds to pay all or part of the cost of such
improvements, but separate funds or accounts shall be established within
the records of the city or county for each improvement as provided in
section 249.953. The temporary notes and general obligation bonds issued
by the city or county shall be a debt of the sewage or storm water
facility improvement district and such city or county shall assess
assessments against each property deemed by the governing body of the
city or county to be benefited by each such improvement pursuant to
sections 249.929 to 249.933. The city or county shall use the moneys
collected from such assessments to reimburse such city or county for all
amounts paid or to be paid by it as principal of and interest on its
temporary notes and general obligation bonds issued for such
improvements. (L. 1995 H.B. 88 § 10)

1. To establish a sewage or storm water facility improvement
district, the governing body of any city with a population of three
hundred fifty thousand or more inhabitants which is located in more than
one county, or the governing body of any county of the first
classification without a charter form of government that has a population
of at least one hundred sixty thousand inhabitants, or the governing body
of any county of the first classification without a charter form of
government containing a portion of a city with a population of at least
three hundred fifty thousand inhabitants, or the governing body of any
county of the first classification without a charter form of government
as of August 28, 1995, that has a population of more than one hundred
five thousand but less than one hundred twenty thousand inhabitants,
shall comply with the procedures described in subsection 2 of this
section.

2. The governing body of any city with a population of three hundred
fifty thousand or more inhabitants which is located in more than one
county, or the governing body of any county of the first classification
without a charter form of government that has a population of at least
one hundred sixty thousand inhabitants, or the governing body of any
county of the first classification without a charter form of government
containing a portion of a city with a population of at least three
hundred fifty thousand inhabitants, or the governing body of any county
of the first classification without a charter form of government as of
August 28, 1995, that has a population of more than one hundred five
thousand but less than one hundred twenty thousand inhabitants, proposing
to create a sewage or storm water facility improvement district may, by
resolution, submit the question of creating such district to all
qualified voters residing within such district at a general or special
election called for that purpose. Such resolution shall set forth the
project name for the proposed sewage or storm water facility improvement,
the general nature of the proposed improvement, the estimated cost of
such improvement, the boundaries of the proposed sewage or storm water
facility improvement district to be assessed, and the proposed method or
methods of assessment, including any provision for the annual assessment
of maintenance costs of the improvement in each year after the bonds
issued for the original sewage or storm water facility improvement are
paid in full. The governing body of the city or county may create a
sewage or storm water facility improvement district when the question of
creating such district has been approved by the vote of the percentage of
electors within such district voting thereon that is equal to the
percentage of voter approval required for the issuance of general
obligation bonds of such county under article VI, section 26 of the
constitution of this state. The notice of election containing the
question of creating a sewage or storm water facility improvement
district shall contain the project name for the proposed improvement, the
general nature of the proposed improvement, the estimated cost of such
improvement, the boundaries of the proposed sewage or storm water
facility improvement district to be assessed, the proposed method or
methods of assessment, including any provision for the annual assessment
of maintenance costs of the improvement in each year after the bonds
issued for the original improvement are paid in full, and a statement
that the final cost of such improvement assessed against property within
the district and the amount of general obligation bonds issued therefor
shall not exceed the estimated cost of such improvement, as stated in
such notice, by more than twenty-five percent. The question of whether to
create any sewage water facility improvement district or storm water
facility improvement district, the boundaries of which are not identical
to any existing or proposed storm water facility improvement district or
any existing or proposed sewage water facility improvement district,
shall be submitted to the voters as a separate question; however, the
question of whether to create a sewage water facility improvement
district and a storm water facility improvement district, the boundaries
of which are identical, may be submitted as a single question. The ballot
upon which the question of creating a sewage or storm water facility
improvement district is submitted to the qualified voters residing within
the proposed district shall contain a question in substantially the
following form:

Shall . . . . . . (name of city or county) be authorized to create a
sewage or storm water facility improvement district proposed for the . .
. . . . (project name for the proposed improvement) and incur
indebtedness and issue general obligation bonds to pay for all or part of
the cost of sewage or storm water facility improvements within such
district, the cost of all indebtedness so incurred to be assessed by the
governing body of the . . . . . . . (city or county) on the property
benefited by such improvements for a period of . . . . . . . years, and,
if included in the resolution, an assessment in each year thereafter with
the proceeds thereof used solely for maintenance of the sewage or storm
water facility improvement?

[ ] YES [ ] NO

3. Upon receiving the requisite voter approval at an election, the
governing body of any city with a population of three hundred fifty
thousand or more inhabitants which is located in more than one county, or
the governing body of a county of the first classification without a
charter form of government that has a population of at least one hundred
sixty thousand inhabitants, or the governing body of any county of the
first classification without a charter form of government containing a
portion of a city with a population of at least three hundred fifty
thousand inhabitants, or the governing body of any county of the first
classification without a charter form of government as of August 28,
1995, that has a population of more than one hundred five thousand but
less than one hundred twenty thousand inhabitants, may, by resolution,
determine the advisability of the improvement and may order that the
sewage or storm water facility improvement district be established and
that preliminary plans and specifications for the improvement be made.
Such resolution shall state and make findings as to the project name for
the proposed improvement, the nature of the improvement, the estimated
cost of such improvement, the boundaries of the sewage or storm water
facility improvement district to be assessed, the proposed method or
methods of assessment, including any provision for the annual assessment
of maintenance costs of the improvement in each year after the bonds
issued for the original improvement are paid in full, and shall also
state that the final cost of such improvement assessed against the
property within the sewage or storm water facility improvement district
and the amount of general obligation bonds issued therefor shall not,
without a new election, exceed the estimated cost of such improvement by
more than twenty-five percent. (L. 1995 H.B. 88 § 11 subsecs. 1 to 3)

The boundaries of the proposed sewage or storm water facility
improvement district shall be described by metes and bounds, streets or
other sufficiently specific description. The area of the sewage or storm
water facility improvement district finally determined by the governing
body of the city or county to be assessed may be less than, but shall not
exceed, the total area comprising such district. (L. 1995 H.B. 88 § 11
subsec. 4)

A sewage or storm water facility improvement district assessment
may be levied and collected after the original period approved for
assessment of property within the district has expired, with the proceeds
thereof used solely for maintenance of the improvement, if the residents
of the sewage or storm water facility improvement district vote to assess
property within the district for the maintenance costs in the manner
prescribed in subsection 2 of section 249.929. (L. 1995 H.B. 88 § 11
subsec. 5)

The portion of the cost of any improvement to be assessed
against the property in a sewage or storm water facility improvement
district shall be apportioned against such property in accordance with
the benefits accruing thereto by reasons of such improvement. The cost
may be assessed equally per front foot or per square foot against
property within the district or by any other reasonable assessment plan
determined by the governing body of any city with a population of three
hundred fifty thousand or more inhabitants which is located in more than
one county, or the governing body of the county of the first
classification without a charter form of government that has a population
of at least one hundred sixty thousand inhabitants, or the governing body
of any county of the first classification without a charter form of
government containing a portion of a city with a population of at least
three hundred fifty thousand inhabitants, or the governing body of any
county of the first classification without a charter form of government
as of August 28, 1995, that has a population of more than one hundred
five thousand but less than one hundred twenty thousand inhabitants,
which results in imposing substantially equal burdens or share of the
cost upon property similarly benefited. The governing body of such city
or county may from time to time determine and establish, by resolution,
reasonable general classifications and formulae for the methods of
assessing the benefits. (L. 1995 H.B. 88 § 12)

After the governing body of any city with a population of three
hundred fifty thousand or more inhabitants which is located in more than
one county, or the governing body of the county of the first
classification without a charter form of government that has a population
of at least one hundred sixty thousand inhabitants, or the governing body
of any county of the first classification without a charter form of
government containing a portion of a city with a population of at least
three hundred fifty thousand inhabitants, or the governing body of any
county of the first classification without a charter form of government
as of August 28, 1995, that has a population of more than one hundred
five thousand but less than one hundred twenty thousand inhabitants, has
made the findings specified in sections 249.929 to 249.933 and plans and
specifications for the proposed sewage or storm water facility
improvements have been prepared, the governing body shall, by resolution,
order assessments to be made against each property deemed to be benefited
by an improvement based on the revised estimated cost of the improvement
or, if available, the final cost thereof, and shall order a proposed
assessment roll to be prepared. (L. 1995 H.B. 88 § 13 subsec. 1)

The plans and specifications for the improvement and the
proposed assessment roll shall be filed with the city or county clerk and
shall be open for public inspection. Such clerk shall thereupon, at the
direction of the governing body of the city or county, publish notice
that the governing body will conduct a hearing to consider the proposed
improvement and proposed assessments. Such notice shall be published in a
newspaper of general circulation at least once, not more than twenty days
and not less than ten days before the hearing, and shall state the
project name for the improvement, the date, time and place of such
hearing, the general nature of the improvement, the revised estimated
cost or, if available, the final cost of the improvement, the boundaries
of the sewage or storm water facility improvement district to be
assessed, and that written or oral objections will be considered at the
hearing. At the same time, the city or county clerk shall mail to the
owners of record of the property made liable to pay the assessments, at
their last known post-office address, a notice of the hearing and a
statement of the cost proposed to be assessed against the property so
owned and assessed. The failure of any owner to receive such notice shall
not invalidate the proceedings. (L. 1995 H.B. 88 § 13 subsec. 2)

At the hearing to consider the proposed improvements and
assessments, the governing body of any city with a population of three
hundred fifty thousand inhabitants or more which is located in more than
one county, or the governing body of the county of the first
classification without a charter form of government that has a population
of at least one hundred sixty thousand inhabitants, or the governing body
of any county of the first classification without a charter form of
government containing a portion of a city with a population of at least
three hundred fifty thousand inhabitants, or the governing body of any
county of the first classification without a charter form of government
as of August 28, 1995, that has a population of more than one hundred
five thousand but less than one hundred twenty thousand inhabitants,
shall hear and pass upon all objections to the proposed improvements and
proposed assessments, if any, and may amend the proposed improvements,
and the plans and specifications therefor, or assessments as to any
property, and thereupon by resolution the governing body of such city or
county shall order that the improvement be made and direct that financing
for the cost thereof be obtained as provided in sections 249.925 to
249.955. All assessments established in sections 249.925 to 249.955 may
be appealed by the property owner to the county board of equalization and
as further provided in chapter 138, RSMo. (L. 1995 H.B. 88 § 14 subsec. 1)

After construction of the improvement has been completed in
accordance with the plans and specifications therefor, the governing body
of the city or county shall compute the final costs of the improvement
and apportion the costs among the property benefited by such improvement
in such equitable manner as the governing body shall determine, charging
each parcel of property with its proportionate share of the costs, and by
resolution, assess the final cost of the improvement or the amount of
general obligation bonds issued or to be issued therefor as assessments
against the property described in the assessment roll. (L. 1995 H.B. 88 §
14 subsec. 2)

1. After the passage or adoption of the resolution assessing the
assessments, the city or county clerk shall mail a notice to each
property owner within the district which sets forth a description of each
parcel of real property to be assessed which is owned by such owner, the
special assessment assigned to such property, and a statement that the
property owner may pay such assessment in full, together with interest
accrued thereon, from the effective date of such resolution, on or before
a specified date determined by the effective date of the resolution, or
may pay such assessment in annual installments as provided in subsection
2 of this section.

2. The assessments shall be assessed upon the property included therein
concurrent with general property taxes, and shall be payable in
substantially equal annual installments for a duration stated in the
ballot measure prescribed in subsection 2 of section 249.929, and, if
authorized, an assessment in each year thereafter levied and collected in
the same manner with the proceeds thereof used solely for maintenance of
the improvement, taking into account such assessments and interest
thereon, as the governing body of the city or county determines. The
first installment shall be payable after the first collection of general
property taxes following the adoption of the assessment resolution,
unless such resolution was adopted and certified too late to permit its
collection at such time. All assessments shall bear interest at such rate
as the governing body determines, not to exceed the rate permitted for
bonds by section 108.170, RSMo. Interest on the assessment between the
effective date of the resolution assessing the assessment and the date
the first installment is payable shall be added to the first installment.
The interest for one year on all unpaid installments shall be added to
each subsequent installment until paid.

3. Assessments shall be collected and paid over to the city or county
treasurer in the same manner as taxes of the city or county are collected
and paid. (L. 1995 H.B. 88 § 14 subsecs. 3 to 5)

No cause of action to set aside the assessments made under
sections 249.925 to 249.955 or to otherwise question the validity of the
proceedings relating thereto shall be brought after the expiration of
ninety days from the date of mailing of notice to property owners of the
assessments required by sections 249.941 to 249.945. (L. 1995 H.B. 88 §
15)

An assessment authorized under the provisions of sections
249.925 to 249.955 shall be a lien, from the date of the assessment, on
the property against which it is assessed on behalf of the city or county
assessing the same to the same extent as a tax upon real property. (L.
1995 H.B. 88 § 16)

After an improvement has been authorized pursuant to sections
249.929 to 249.933, the governing body of any city with a population of
three hundred fifty thousand or more inhabitants which is located in more
than one county, or the governing body of the county of the first
classification without a charter form of government that has a population
of at least one hundred sixty thousand inhabitants, or the governing body
of any county of the first classification without a charter form of
government containing a portion of a city with a population of at least
three hundred fifty thousand inhabitants, or the governing body of any
county of the first classification without a charter form of government
as of August 28, 1995, that has a population of more than one hundred
five thousand but less than one hundred twenty thousand inhabitants, may
issue temporary notes of such city or county to pay the costs of such
improvement in an amount not to exceed the estimated cost of such
improvement. General obligation bonds of such city or county shall be
issued and sold as provided in section 249.927 to refund, retire and pay
off such temporary notes and any accrued interest thereon to the date of
payment. (L. 1995 H.B. 88 § 17)

A separate fund or account shall be created in the city or
county treasury for each improvement project and each such fund or
account shall be identified by a suitable title. The proceeds from the
sale of bonds and temporary notes and any other moneys appropriated
thereto by the governing body of any city with a population of three
hundred fifty thousand or more inhabitants which is located in more than
one county, or the governing body of the county of the first
classification without a charter form of government that has a population
of at least one hundred sixty thousand inhabitants, or the governing body
of any county of the first classification without a charter form of
government containing a portion of a city with a population of at least
three hundred fifty thousand inhabitants, or the governing body of any
county of the first classification without a charter form of government
as of August 28, 1995, that has a population of more than one hundred
five thousand but less than one hundred twenty thousand inhabitants,
shall be credited to such funds or accounts. Such funds or accounts shall
be used solely to pay the costs incurred in making each respective
improvement. Upon completion of an improvement, the balance remaining in
the fund or account established for such improvement, if any, shall be
credited against the amount of the original assessment of each parcel of
property, on a pro rata basis based on the amount of the original
assessment, and with respect to property owners that have prepaid their
assessments in accordance with sections 249.941 to 249.945, the amount of
each such credit shall be refunded to the appropriate property owner, and
with respect to all other property owners, the amount of each such credit
shall be transferred and credited to such city or county bond and
interest fund to be used solely to pay the principal of and interest on
the bonds or temporary notes and the assessments shall be reduced
accordingly by the amount of such credit. (L. 1995 H.B. 88 § 18)

The total amount of city or county general obligation bond
indebtedness incurred for improvements under sections 249.925 to 249.955,
including temporary notes issued pursuant to sections 249.925 to 249.955,
shall not exceed ten percent of the assessed valuation of all taxable
tangible property, as shown by the last completed property assessment for
state or local purposes, within the district. (L. 1995 H.B. 88 § 19)

The tax and special tax bills provided for in sections 249.430,
249.520, 249.530 and 249.580 to* 249.650 shall be applicable to the
assessments detailed in sections 249.925 to 249.955. (L. 1995 H.B. 88 §
20)

*Word "through" appears in original rolls.

A publicly owned treatment works that has ownership of
interceptor and local sewers shall be responsible for the entire public
sewer system, except that the operation and maintenance of any part of an
individual user's pressure sewer system, including grinder or low
pressure pumps and service lateral to the public or private pressure
sewer system used for the purpose of collecting or conducting wastewater
originating at a residence or individual commercial entity, shall be the
responsibility of the owner of such residence or individual commercial
entity unless the publicly owned treatment works has assumed such
responsibility. (L. 1997 H.B. 709 § 1)

Effective 7-1-97

1. Except as otherwise provided in section 30(a) of article VI
of the Missouri Constitution, regardless of being a sewer district
pursuant to chapter 204, RSMo, or this chapter, when the governing bodies
of two or more contiguous sewer districts located in any county of the
first classification without a charter form of government having not less
than one hundred seventy thousand and not more than two hundred thousand
inhabitants determine that a consolidated sewer system would better serve
the area within their boundaries, the governing bodies shall submit the
proposal for a consolidated sewer district to the governing body of such
county. The governing body of the county after consultation with the
sewer engineer pursuant to section 204.300, RSMo, and section 249.460,
shall by resolution submit the question of creating a consolidated sewer
district to all qualified voters residing within each existing district
at a municipal or general or special election called for that purpose.

2. The resolution shall set forth the project name for the proposed
consolidated sewer district, the general nature of the proposed
consolidated sewer district, the estimated cost of the sewer improvements
for such consolidated sewer district, the boundaries of the existing
districts to be consolidated, the proposed method or methods of
assessment, and a statement that the final cost of such sewer
improvements assessed against property within the consolidated sewer
district and the amount of general obligation bonds issued therefor shall
not exceed the estimated cost of such sewer improvements, as stated in
such notice, by more than twenty-five percent. (L. 2001 H.B. 501)

The governing body of the county receiving the proposal
pursuant to section 249.1100 shall set a day for a public hearing prior
to election for the creation of a consolidated sewer district and shall
publish the resolution with a notice of the time and place of public
hearing in some local newspaper of general circulation, published in such
county in which any district proposed to be consolidated lies at least
thirty days before the date of the hearing. At such hearing anyone
interested in the proposed consolidation of sewer districts may appear
and present their views to the governing body of the county. (L. 2001
H.B. 501)

1. The ballot upon which the question of creating a
consolidated sewer district is submitted to the qualified voters residing
within each existing sewer district or districts shall contain a question
in substantially the following form:

Shall the ............. (governing body's name) of ......... (county's
name) be authorized to dissolve the existing ................ (name of
existing sewer district) and create a consolidated sewer district
proposed for the ............ (name of existing sewer districts to be
consolidated) and authorize the consolidated sewer districts to incur
indebtedness and issue general obligation bonds to pay for all or part of
the cost of the creation and maintenance of such consolidated sewer
district, with the cost of all indebtedness so incurred to be assessed by
the ............. (name of consolidated sewer district) on the property
within the consolidated sewer district?

[ ] Yes [ ] No

If you are in favor of the question, place an "X" in the box opposite
"Yes". If you are opposed to the question, place an "X" in the box
opposite "No".

If a majority of the total votes cast on the proposal by the qualified
voters of each existing district or districts voting thereon are in favor
of the proposal, then the order shall become effective. If the proposal
receives less than the required majority in at least one existing
district, then the governing body of the county shall have no power to
impose the consolidation of sewer districts as authorized pursuant to
this section unless and until the governing body of the county shall
again have submitted another proposal to authorize the governing body of
the county to consolidate authorized by this section and such proposal is
approved by the required majority of the total votes cast on the proposal
by the qualified voters of each existing district or districts voting on
such proposal.

2. The boundaries of the proposed consolidated sewer district shall be
described by metes and bounds, streets or other sufficiently specific
description.

3. There shall be separate submissions of the question of creating a
consolidated sewer district to each group of voters within each existing
sewer district or districts, and the elections shall be held
simultaneously. (L. 2001 H.B. 501)

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. (L. 2001 H.B. 501)

1. A sewer district created pursuant to sections 249.1100 to
249.1127 shall have a board of directors which shall consist of five
members, appointed by the governing body of the county in which the
consolidated sewer district is located. Each member shall be a United
States citizen, a registered voter, over the age of twenty-five years and
shall have been a resident within the consolidated sewer district for one
whole year prior to appointment.

2. The board shall be responsible for the control and operation of all
such sewer districts organized pursuant to section 249.1106.

3. Beginning with appointments made after August 28, 2001, one member
shall be appointed for four years, two members shall be appointed for
three years and two members shall be appointed for two years. Following
the initial appointments, the term of each board member shall be five
years.

4. A vacancy in the office of a member shall be filled by appointment in
the same manner as the original appointments.

5. No member of the board shall be entitled to any compensation for the
performance of the member's official duties, but each member shall be
reimbursed for necessary and actual expenses incurred in the performance
of the member's official duties by the consolidated sewer district. The
board members shall be reimbursed by the district for all reasonable
expenses incurred in the performance of their duties. (L. 2001 H.B. 501)

The consolidated sewer district shall retain all the powers,
privileges and duties therein conferred and provided upon each original
individual sewer district pursuant to chapter 204, RSMo, or this chapter,
whichever it was created and organized under. (L. 2001 H.B. 501)

Dissolution of a sewer district created pursuant to section
249.1106 shall follow the procedures established in sections 67.950 to
67.955, RSMo. (L. 2001 H.B. 501)

1. There is hereby created within any county of the third
classification without a township form of government and with more than
thirty-four thousand but less than thirty-four thousand one hundred
inhabitants, any county of the second classification without a township
form of government and with more than fifty-four thousand two hundred but
less than fifty-four thousand three hundred inhabitants, any county of
the third classification without a township form of government and with
more than thirteen thousand seventy-five but less than thirteen thousand
one hundred seventy-five inhabitants, any county of the first
classification with more than two hundred forty thousand three hundred
but less than two hundred forty thousand four hundred inhabitants, any
county of the third classification without a township form of government
and with more than nine thousand four hundred fifty but less than nine
thousand five hundred fifty inhabitants, any county of the third
classification without a township form of government and with more than
twenty-eight thousand six hundred but less than twenty-eight thousand
seven hundred inhabitants, any county of the first classification with
more than thirty-nine thousand seven hundred but less than thirty-nine
thousand eight hundred inhabitants, any county of the third
classification without a township form of government and with more than
thirty-one thousand but less than thirty-one thousand one hundred
inhabitants, and any county of the third classification without a
township form of government and with more than seventeen thousand nine
hundred but less than eighteen thousand inhabitants, the "Upper White
River Basin Watershed Improvement District". The watershed improvement
district is authorized to own, install, operate, and maintain
decentralized or individual on-site wastewater treatment plants. The
watershed improvement district created under this section shall be a body
corporate and a political subdivision of the state of Missouri, shall be
capable of suing and being sued in contract in its corporate name, and
shall be capable of holding such real and personal property necessary for
corporate purposes. The district shall implement procedures to regulate
the area within the district and to educate property owners within the
district about the requirements imposed by the district.

2. Any county included in the Upper White River Basin watershed
improvement district, as established in subsection 1 of this section, may
choose to opt out of the district in one of two ways:

(1) Upon the filing of a petition signed by at least twenty percent of
the property owners residing within the county, a proposal is submitted
to the qualified voters within the district boundaries. The ballot of
submission shall be in substantially the following form:

Shall the county of ......... opt out of the Upper White River Basin
Watershed Improvement District?

[ ] YES [ ] NO

If you are in favor of the question, place an "X" in the box opposite
"YES". If you are opposed to the question, place an "X" in the box
opposite "NO".

If a simple majority of the votes cast in the county favors the proposal
to opt out of district, then the county shall no longer be included in
the Upper White River Basin watershed improvement district, and shall
cease all imposition, collection, and assessment of any taxes associated
with that district, beginning on the first day of the first month
following the election. If a simple majority of the votes cast in the
county opposes the proposal to opt out of the district, then the county
shall remain a part of the Upper White River Basin watershed improvement
district. However, if a proposal to opt out of the district is not
approved, the governing body of the county shall not resubmit a proposal
to the voters under this section sooner than twelve months from the date
of the last proposal submitted under this section; or

(2) Upon the issuance of an order by the county commission, a proposal is
submitted to the qualified voters within the district boundaries to opt
out of the Upper White River Basin watershed improvement district. The
ballot of submission shall be in substantially the following form:

Shall the county of ......... opt out of the Upper White River Basin
Watershed Improvement District?

[ ] YES [ ] NO

If you are in favor of the question, place an "X" in the box opposite
"YES". If you are opposed to the question, place an "X" in the box
opposite "NO".

If a simple majority of the votes cast in the county favors the proposal
to opt out of the Upper White River Basin watershed improvement district,
then the county shall no longer be included in the Upper White River
Basin watershed improvement district, and shall cease all imposition,
collection, and assessment of any taxes associated with that district,
beginning on the first day of the first month following the election. If
a simple majority of the votes cast in the county opposes the proposal to
opt out of the Upper White River Basin watershed improvement district,
then the county shall remain a part of the Upper White River Basin
watershed improvement district. However, if a proposal to opt out of the
Upper White River Basin watershed improvement district is not approved,
the governing body of the county shall not resubmit a proposal to the
voters under this section sooner than twelve months from the date of the
last proposal submitted under this section.

3. Any county who has successfully chosen to opt out of the Upper White
River Basin watershed improvement district under the provisions of
subsection 2 of this section shall be allowed to rejoin the district at
any time, provided the county submits the proposal to rejoin the district
in one of two ways:

(1) Upon the filing of a petition signed by at least twenty percent of
the property owners residing within the county, a proposal is submitted
to the qualified voters within the county. The ballot of submission shall
be in substantially the following form:

Shall the county of ......... rejoin the Upper White River Basin
Watershed Improvement District?

[ ] YES [ ] NO

If you are in favor of the question, place an "X" in the box opposite
"YES". If you are opposed to the question, place an "X" in the box
opposite "NO".

If a simple majority of the votes cast in the county favors the proposal
to rejoin the Upper White River Basin watershed improvement district,
then the county shall rejoin the district. If a simple majority of the
votes cast in the county opposes the proposal to rejoin the district,
then the county shall remain outside the Upper White River Basin
watershed improvement district. However, if a proposal to rejoin the
Upper White River Basin watershed improvement district is not approved,
the governing body of the county shall not resubmit a proposal to the
voters under this section sooner than twelve months from the date of the
last proposal submitted under this section; or

(2) Upon the issuance of an order by the county commission, a proposal is
submitted to the qualified voters within the district boundaries to
rejoin the Upper White River Basin watershed improvement district. The
ballot of submission shall be in substantially the following form:

Shall the county of ......... rejoin the Upper White River Basin
Watershed Improvement District?

[ ] YES [ ] NO

If you are in favor of the question, place an "X" in the box opposite
"YES". If you are opposed to the question, place an "X" in the box
opposite "NO".

If a simple majority of the votes cast in the county favors the proposal
to rejoin the Upper White River Basin watershed improvement district,
then the county shall rejoin the Upper White River Basin watershed
improvement district. If a simple majority of the votes cast in the
county opposes the proposal to rejoin the Upper White River Basin
watershed improvement district, then the county shall remain outside the
Upper White River Basin watershed improvement district. However, if a
proposal to rejoin the Upper White River Basin watershed improvement
district is not approved, the governing body of the county shall not
resubmit a proposal to the voters under this section sooner than twelve
months from the date of the last proposal submitted under this section.

4. The watershed improvement district created under this section shall
have the power to borrow money and incur indebtedness and evidence the
same by certificates, notes, or debentures, to issue bonds and use any
one or more lawful funding methods the district may obtain for its
purposes at such rates of interest as the district may determine. Any
bonds, notes, and other obligations issued or delivered by the district
may be secured by mortgage, pledge, or deed of trust of any or all of the
property within the district. Every issue of such bonds, notes, or other
obligations shall be payable out of property and revenues of the district
and may be further secured by other property within the district, which
may be pledged, assigned, mortgaged, or a security interest granted for
such payment, without preference or priority of the first bonds issued,
subject to any agreement with the holders of any other bonds pledging any
specified property or revenues. Such bonds, notes, or other obligations
shall be authorized by resolution of the district board, and shall bear
such date or dates, and shall mature at such time or times, but not in
excess of thirty years, as the resolution shall specify. Such bonds,
notes, or other obligations shall be in such denomination, bear interest
at such rate or rates, be in such form, either coupon or registered, be
issued as current interest bonds, compound interest bonds, variable rate
bonds, convertible bonds, or zero coupon bonds, be issued in such manner,
be payable in such place or places, and be subject to redemption as such
resolution may provide, notwithstanding section 108.170, RSMo. The bonds,
notes, or other obligations may be sold at either public or private sale,
at such interest rates, and at such price or prices as the district shall
determine.

5. The county commission of any county located within the watershed
improvement district may authorize individual properties to be served by
the district by adoption of a resolution or upon the filing of a petition
signed by at least twenty percent of the property owners of the proposed
area. The resolution or petition shall describe generally the size and
location of the proposed area.

6. In the event that any property within the watershed improvement
district proposed under this section lies within or is serviced by any
existing sewer district formed under this chapter, chapter 204, or
chapter 250, RSMo, the property shall not become part of the watershed
improvement district formed under this section unless the existing sewer
district agrees to refrain from providing service or to discontinue
service to the property. No property shall become part of the watershed
district until the owner of that property has paid in full all
outstanding costs owed to an existing sewer district formed under this
chapter, chapter 204, or chapter 250, RSMo.

7. Upon the creation of the watershed improvement district as authorized
by this section, a board of trustees for the district consisting of nine
members shall be appointed. The governing body of each county shall
appoint one member to serve on the board. No trustee shall reside in the
same county as another trustee. Of the initial trustees appointed, five
shall serve terms of one year, and four shall serve terms of two years,
as determined by lot. After the initial appointments of the trustees, the
successor trustees shall reside in the same county as the prior trustee
and be elected by the resident property owners of their county within the
district. Each trustee may be elected to no more than five consecutive
two-year terms. Vacancies shall be filled by the board. Each trustee
shall serve until a successor is elected and sworn. The trustees shall
not receive compensation for their services, but may be reimbursed for
their actual and necessary expenses. The board shall elect a chair and
other officers necessary for its membership. The board shall enter into
contracts with any person or entity for the maintenance, administrative,
or support work required to administer the district. The board may charge
reasonable fees and submit proposals to levy and impose property taxes to
fund the operation of the district to the qualified voters in the
district, but such proposals shall not become effective unless a majority
of the qualified voters in the district voting on the proposals approve
the proposed levy and rate of tax. The board may adopt resolutions
necessary to the operation of the district.

8. No service shall be initiated to any property lying within the
watershed improvement district created under this section unless the
property owner elects to have the service provided by the district.

9. Any on-site wastewater treatment system installed on any property that
participates in the watershed improvement district formed under this
section shall meet all applicable standards for such on-site wastewater
treatment systems under sections 701.025 to 701.059, RSMo, and as
required by rules or regulations promulgated by the board of trustees and
the appropriate state agencies.

10. Property owners participating in the watershed improvement district
formed under this section shall be required as a condition of continued
participation to have a maintenance plan approved by the watershed
improvement district for the on-site wastewater treatment systems on
their properties. Such property owners shall also execute a utilities
easement to allow the district access to the system for maintenance
purposes and inspections. The property owner shall provide satisfactory
proof that periodic maintenance is performed on the sewage system. At a
minimum the system shall be installed and maintained according to the
manufacturer's recommendations. The level of satisfactory proof required
and the frequency of periodic proof shall be determined by the board of
trustees.

11. A district established under this section may, at a general or
primary election, submit to the qualified voters within the district
boundaries a real property tax that shall not exceed five cents per one
hundred dollars assessed valuation to fund the operation of the district.
The ballot of submission shall be in substantially the following form:

Shall the .......... (name of district) impose a real property tax within
the district at a rate of not more than .......... (insert amount)
dollars per hundred dollars of assessed valuation to fund the operation
of the district?

[ ] YES [ ] NO

[ ] YES [ ] NO If you are in favor of the question, place an "X" in the
box opposite "YES". If you are opposed to the question, place an "X" in
the box opposite "NO".

If a majority of the votes cast in each county that is part of the
district favor the proposal, then the real property tax shall become
effective in the district on the first day of the year following the year
of the election. If a majority of the votes cast in each county that is a
part of the district oppose the proposal, then that county shall not
impose the real property tax authorized in this section until after the
county governing body has submitted another such real property tax
proposal and the proposal is approved by a majority of the qualified
voters voting thereon. However, if a real property tax proposal is not
approved, the governing body of the county shall not resubmit a proposal
to the voters under this section sooner than twelve months from the date
of the last proposal submitted under this section.

12. The real property tax authorized by this section is in addition to
all other real property taxes allowed by law.

13. Once the real property tax authorized by this section is abolished or
terminated by any means, all funds remaining in the trust fund shall be
used solely for the purposes approved in the ballot question authorizing
the tax. The tax shall not be abolished or terminated while the district
has any financing or other obligations outstanding. Any funds in the
trust fund which are not needed for current expenditures may be invested
by the district in the securities described in subdivisions (1) to (12)
of subsection 1 of section 30.270, RSMo, or repurchase agreements secured
by such securities.

14. The governing body of any county included in the Upper White River
Basin watershed improvement district established in this section may
designate groundwater depletion areas within specific areas of the county
and may require well volume monitoring. However, any county included in
this district may choose not to require well volume monitoring. (L. 2004
H.B. 1433, A.L. 2005 H.B. 58 merged with H.B. 617)

After August 28, 2004, any county within a watershed
improvement district may require that all septic systems be maintained or
pumped every five years by a licensed provider. In the event a county
requires that all septic systems be so maintained or pumped the owner of
any septic system shall submit proof of maintenance or pumping to the
county department of health or the state department of health and senior
services if appropriate which shall determine what shall constitute proof
of compliance with the requirement. In addition, the county department of
health or the state department of health and senior services if
appropriate may charge septic tank owners a reasonable fee for monitoring
compliance with the requirement. (L. 2004 H.B. 1433)

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