Missouri Statute | Act | Code |Public Health And Welfare| US Code - US Statute | Chapter 204 Common Sewer Districts In Certain Areas

1. If the construction and maintenance of a common system of
trunk sewers and sewage treatment plants is necessary to secure proper
sanitary conditions for the preservation of public health in a natural
drainage area the major portion of which lies within a county of the
first class containing all or part of a city having a population of four
hundred fifty thousand or more, or in a county of the first class not
having a charter form of government, or in a county of the second, third
or fourth class, and which natural drainage area contains all or portions
of several drainage basins, several municipalities or sewer districts,
and if a common sewer district encompassing the entire area would be
eligible for federal aid and assistance under the provisions of Title 33,
Section 1151 et seq. of the United States Code Annotated, as now or as
may hereafter be amended, the area may be established and incorporated as
a common sewer district under sections 204.250 to 204.470 in the
following manner: The county commission, or in charter counties, the
county executive with the concurrence by resolution of the county
legislature, of the county within which the major portion of the area
lies may petition the circuit court having jurisdiction over the major
portion for the appointment of commissioners as herein provided, and to
take further action as may be necessary for the submission to the legal
voters residing in the area of the question whether the area shall be
organized and incorporated as a common sewer district under sections
204.250 to 204.470.

2. The petition shall set forth a description in general terms of the
territory to be embraced in, suggest a name for the proposed common sewer
district and state the aim and purposes for which the district is created.

3. Notwithstanding any provisions of law to the contrary, if a sanitary
sewage disposal or treatment system is necessary for any number of
buildings used solely or primarily for residential or commercial purposes
which are situated in such geographical proximity and manner to one
another that the creation of a sewage disposal or treatment system is
feasible, and such buildings are situated in or are in geographical
proximity to an existing common sewer district formed pursuant to this
chapter, and if sanitary sewage disposal or treatment services are not
otherwise available for service to such buildings, regardless of whether
the buildings lie in a natural drainage area or natural drainage basin,
such area may be established as a common sewer subdistrict of an existing
common sewer district formed pursuant to the provisions of this chapter
by complying with the procedures set forth in subsections 4 to 7 of this
section.

4. The circuit court of the circuit proposing to create a sewer
subdistrict pursuant to subsection 3 of this section may, by order of the
court, for good cause shown, submit the question of creating such
subdistrict to all owners of record of all real property within such
proposed subdistrict at a general or special election called for that
purpose. Such order shall set forth the project name for the proposed
subdistrict, the general nature of the proposed subdistrict, the
estimated cost of the sewer improvements for such subdistrict, the
boundaries of the proposed subdistrict to be assessed for sewer
improvements, and the proposed method or methods of assessment. The court
may thereafter create a sewer subdistrict of an existing common sewer
district formed pursuant to this chapter when the question of creating
such subdistrict has been approved by the vote of the percentage of
electors within such subdistrict voting thereon that is equal to the
percentage of voter approval required for the issuance of general
obligation bonds of the city or county wherein such subdistrict is
located under article VI, section 26 of the constitution of this state.
The notice of election containing the question of creating a sewer
subdistrict shall contain the project name for the proposed subdistrict,
the general nature of the proposed subdistrict, the estimated cost of the
sewer improvements for such subdistrict, the boundaries of the proposed
subdistrict to be assessed for sewer improvements, the proposed method or
methods of assessment, and a statement that the final cost of such sewer
improvements assessed against property within the subdistrict 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. The ballot upon which the question of
creating a sewer subdistrict is submitted to the qualified voters
residing within the proposed subdistrict shall contain a question in
substantially the following form:

Shall the ........ Circuit Court be authorized to create a sewer
subdistrict proposed for the ........ (common sewer district name) and
authorize the common sewer district to incur indebtedness and issue
general obligation bonds to pay for all or part of the cost of the
creation and maintenance of such subdistrict, the cost of all
indebtedness so incurred to be assessed by the ........ (common sewer
district name) on the property within the subdistrict?

5. As an alternative to the procedure described in subsection 4 of this
section, the circuit court of the circuit may create such a sewer
subdistrict when a proper petition has been signed by the owners of
record of at least two-thirds by area of all real property located within
such proposed subdistrict. The petition, in order to become effective,
shall be filed with the circuit court. A proper petition for the creation
of a sewer subdistrict shall set forth the proposed subdistrict name, the
general nature of the proposed subdistrict, the estimated cost of the
sewer improvements for such subdistrict, the boundaries of the proposed
subdistrict to be assessed for sewer improvements, the proposed method or
methods of assessment, a notice that the names of the signers may not be
withdrawn later than seven days after the petition is filed with the
court, and a notice that the final cost of such assessments against
property within the subdistrict and the amount of general obligation
bonds issued therefor shall not exceed the estimated cost of sewer
improvements, as stated in such petition, by more than twenty-five
percent.

6. Upon receiving the requisite voter approval at an election or upon the
filing of a proper petition with the court, the court may by order
determine the advisability of the subdistrict and may order that the
subdistrict be established and that preliminary plans and specifications
for the subdistrict be made. Such order shall state and make findings as
to the subdistrict name, the nature of the subdistrict, the estimated
cost of the sewer improvements for such subdistrict, the boundaries of
the subdistrict to be assessed for sewer improvements, the proposed
method or methods of assessment, and shall also state that the final cost
of such assessments against the property within the subdistrict and the
amount of general obligation bonds issued therefor shall not, without a
new election or petition, exceed the estimated cost of such sewer
improvements by more than twenty-five percent.

7. The boundaries of the proposed subdistrict shall be described by metes
and bounds, streets or other sufficiently specific description. The area
of the subdistrict finally determined to be assessed may be less than,
but shall not exceed, the total area comprising such district. (L. 1967
p. 310 § 6, A.L. 1972 H.B. 1239 & 1300, A.L. 1973 H.B. 625, A.L. 1992
H.B. 1803)

CROSS REFERENCE: Certain counties may assign operation of sewer district
to common sewer district, which lies wholly or partially within county,
procedure (Jackson, Cass, St. Louis and all first class noncharter
counties), RSMo 249.451

Except as specifically provided in sections 204.251 to 204.257
and except for the alternative method of creation prescribed in the
provisions of subsections 3 to 7 of section 204.250, sewer subdistricts
created pursuant to the provisions of subsections 3 to 7 of section
204.250 shall in all respects be governed by the provisions of this
chapter. (L. 1992 H.B. 1803 § 1)

If it appears that the required percentage of the voters of the
subdistrict voting on the proposition of incurring indebtedness submitted
at an election pursuant to subsections 3 to 7 of section 204.250 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, or if the required percentage of the voters of the common
sewer district have, prior to the creation of the subdistrict, voted in
favor of incurring indebtedness and the amount of bonds issued under such
authority does not exceed the amount approved by the voters at such
election, then the board of trustees for the common sewer district may
direct the issuance of such bonds 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 subdistrict, which tax shall
be sufficient to pay the interest on such indebtedness as it falls due,
and also 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. (L. 1992
H.B. 1803 § 2, A.L. 1993 S.B. 80, et al.)

1. The board of trustees of the common sewer district over the
subdistrict formed under the alternative method of formation provided in
subsections 3 to 7 of section 204.250 shall have no power to levy or
collect any taxes for the payment of any indebtedness incurred by the
common sewer district unless and until the voters of the common sewer
district or the subdistrict shall have authorized the incurring of
indebtedness at an election. All expenses and indebtedness incurred by
the common sewer district on behalf of the subdistrict may be paid out of
funds which may be received by the common sewer district on behalf of the
subdistrict from the sale of bonds authorized by the voters of the
subdistrict or the voters of the common sewer district.

2. Nothing in this section shall be construed to prevent the board of
trustees from expending funds of the common sewer district for the
benefit of the subdistrict or to require the board of trustees to expend
funds of the common sewer district for the benefit of the subdistrict.
(L. 1992 H.B. 1803 § 3, A.L. 1993 S.B. 80, et al.)

1. The total amount of any bonds issued pursuant to sections
204.251 to 204.257 for improvements to the subdistrict of the common
sewer district 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 common sewer district.

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 the district. The bonds may be sold under the same conditions as are
provided for the sale of county road bonds.

3. All bonds issued under sections 204.251 to 204.257 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
common sewer district shall be deposited by the treasurer of the common
sewer district in such bank or banks as shall be designated by order of
the board of trustees and the secretary of the common sewer district
shall charge the treasurer therewith and the moneys shall be drawn from
the treasury upon warrants issued by the common sewer district for the
purposes for which the bonds were issued. (L. 1992 H.B. 1803 § 4)

1. It shall be the duty of the secretary of the board of
trustees of the common sewer district, on or before the fifteenth day of
May in each year, to certify to the common sewer district board of
trustees 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 subdistrict system
in good condition, or renting or leasing of existing sewer facilities and
of maintaining the subdistrict with its necessary expenses.

2. On receipt of such certificate it shall be the duty of the board of
trustees of the common sewer district to levy such a rate of taxes upon
all the taxable property in the sewer subdistrict as will produce a sum
of money sufficient for the purposes aforesaid; provided, that the board
of trustees of the common sewer district shall have no authority to levy
such tax until the voters of the common sewer district or subdistrict
shall have voted to incur such indebtedness.

3. On such order being made it shall be the duty of the board of trustees
of the common sewer district to cause such rate of taxation to be
extended upon the tax books against all the taxable property in the sewer
subdistrict and the same shall be collected and remitted to the board of
trustees of the common sewer district by the collector of the revenue of
the 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. (L. 1992
H.B. 1803 § 5, A.L. 1993 S.B. 80, et al.)

When a sewer subdistrict of a common sewer district has been
formed pursuant to the alternative method of creation prescribed in
subsections 3 to 7 of section 204.250, the board of trustees of the
common sewer district shall have the same powers with regard to the
subdistrict as for the common sewer district as a whole, plus the
following additional powers:

(1) To provide for the construction, extension, improvement, and
operation of such sewers, sewer systems, and treatment and disposal
facilities, as the board determines necessary for the preservation of
public health and maintenance of sanitary conditions in the subdistrict;

(2) For the purpose of meeting the costs of activities undertaken
pursuant to the authority granted in this section, to issue bonds in
anticipation of revenues of the subdistrict in the same manner as set out
in sections 204.360 to 204.450, for other bonds of the common sewer
district. Issuance of such bonds for the subdistrict shall require the
assent only of four-sevenths of the voters voting on the question;

(3) To charge the costs of the common sewer district for operation and
maintenance attributable to the subdistrict, plus a proportionate share
of the common sewer district's costs of administration to revenues of the
subdistrict and to consider such costs in determining reasonable charges
to impose within the subdistrict under section 204.440;

(4) To provide for the treatment and disposal of sewage from the
subdistrict in or by means of facilities of the common sewer district not
located within the subdistrict with the concurrence of the subdistrict
advisory board, in which case the board of trustees shall also have
authority to charge a proportionate share of the costs of the common
sewer district for operation and maintenance to revenues of the
subdistrict and to consider such costs in determining reasonable charges*
to impose within the subdistrict under section 204.440;

(5) To add contiguous property to the subdistrict with the approval of at
least two-thirds of the landowners within such contiguous territory. (L.
1992 H.B. 1803 § 6, A.L. 1993 S.B. 80, et al.)

*Word "changes" appears in original rolls, an apparent typographical
error.

The board of trustees of the common sewer district, in its
discretion, may create an advisory board for the subdistrict to consist
of five members, each serving a term of two years. An authorized
representative, not a member of the common sewer district's advisory
board under section 204.310, from the sewer subdistrict, together with
the representatives of each county having territory within the
subdistrict, may constitute the advisory board for the subdistrict. The
board of trustees of the common sewer district may keep the subdistrict
advisory board informed as to all phases of the planning and operations
of the subdistrict, and the subdistrict advisory board may make such
recommendations to the common sewer district advisory board as the
subdistrict board deems advisable with regard to the construction and
operation of sewers and facilities in the subdistrict. (L. 1992 H.B. 1803
§ 7, A.L. 1997 H.B. 340)

1. The circuit court shall within thirty days after receiving
the petition appoint three disinterested persons, one of whom shall be a
licensed civil engineer or surveyor, as common sewer district
commissioners to lay out and define the boundaries of the proposed
district.

2. The common sewer district commissioners may alter or amend the
boundaries of the proposed district as set forth in the petition so that
it embraces all of the area capable of being efficiently drained by the
system of trunk sewers, or so as to exclude from the district any part of
the natural drainage area which is so situated as not to be benefited by
the proposed trunk sewers or treatment plants, and for this purpose they
shall have power to have made all surveys and maps necessary to locate
and describe the boundaries.

3. The common sewer district commissioners shall qualify by taking an
oath to faithfully and impartially perform their duties and when so
qualified shall give notice by publication at least five times, in one or
more newspapers having a general circulation in the proposed district, of
the time and place where they will meet to consider and establish the
boundaries. The notice shall be given at least twenty days prior to the
meeting, and the meeting place shall be in the courthouse of the county
in which the major portion of the proposed district lies.

4. At the meeting the common sewer district commissioner first named in
the order of appointment shall preside, and all persons residing or
owning real property in the proposed district, or adjacent thereto, shall
have the right to be heard as to the location of the boundaries of the
proposed district; and the common sewer district commissioners or a
majority of them after the hearing shall fix and determine the boundaries
of the proposed district.

5. The common sewer district commissioners may adjourn from day to day
until the hearings are complete, and for their services shall receive
such compensation as may be determined by the circuit court which
appoints them. They may employ a competent person as stenographer and
clerk, whose compensation shall be as set by the circuit court. (L. 1967
p. 310 § 7, A.L. 1986 H.B. 1554 Revision)

The commissioners shall make their report, accompanied by a map
or plan showing the boundaries of the proposed district in relation to
the property lines intersected or followed by them, also in relation to
city or county boundaries, to the court by which they were appointed, and
shall thereupon be discharged by the court. The report and map, if
approved by the court, shall then be filed in the office of the recorder
of deeds for each county in which a portion of the proposed district is
situated and with the county commission of each such county. (L. 1967 p.
310 § 8)

1. The circuit court shall by order direct the county commission
of any county partially within the proposed district to submit to the
voters of the proposed district the question of the organization and
incorporation of the proposed common sewer district, with boundaries as
determined by the commissioners and approved by the circuit court.

2. The county clerk of each county shall certify to the circuit court the
results of the election in that portion of the proposed district within
his county.

3. If the circuit court finds that a majority of the votes cast on the
question in each county favored the incorporation of the proposed
district, the court shall issue a decree incorporating the area described
in the commissioners' report as a common sewer district. If the
proposition is favored by a majority of those voting in the county
containing the major portion of the district but not by a majority voting
in the other county, the court shall change the boundaries to include
only the area within the one county and shall decree the incorporation
thereof.

4. If the question fails to receive a majority of the votes cast in the
county containing the major portion of the proposed district, regardless
of the results in the election in the other county, the court shall
dismiss the petition and tax the costs of the proceedings and the
election against the county which presented the petition. (L. 1967 p. 310
§ 9, A.L. 1978 H.B. 971)

1. When the board of trustees provided for in section 204.300 is
appointed and organized, the district shall be considered in law and
equity a body corporate and politic, known by the name specified in the
original petition and the court's decree, and by that name and style may
sue and be sued, contract and be contracted with, acquire and hold real
estate and personal property necessary for corporate purposes, and adopt
a common seal.

2. All courts in this state shall take judicial notice of the existence
of any district organized under sections 204.250 to 204.470. (L. 1967 p.
310 § 10)

1. In all counties except counties of the first classification
which have a charter form of government and which contain all or any
portion of a city with a population of three hundred fifty thousand or
more inhabitants, the governing body of the county, by resolution, order,
or ordinance, shall appoint five trustees, the majority of whom shall
reside within the boundaries of the district. In the event the district
extends into any county bordering the county in which the greater portion
of the district lies, the presiding commissioner or other chief executive
officer of the adjoining county shall be an additional member of the
appointed board of trustees. The trustees may be paid reasonable
compensation by the district for their services; except that, any
compensation schedule shall be approved by resolution of the board of
trustees. The board of trustees shall be responsible for the control and
operation of the sewer district. The term of each board member shall be
five years; except that, members of the governing body of the county
sitting upon the board shall not serve beyond the expiration of their
term as members of such governing body of the county. The first board of
trustees shall be appointed for terms ranging from one to five years so
as to establish one vacancy per year thereafter. The trustees may be paid
reasonable compensation by the district for their services; except that,
any compensation schedule shall be approved by resolution, order, or
ordinance of the governing body of the county. Any and all expenses
incurred in the performance of their duties shall be reimbursed by the
district. The board of trustees shall have the power to employ and fix
the compensation of such staff as may be necessary to discharge the
business and purposes of the district, including clerks, attorneys,
administrative assistants, and any other necessary personnel. The board
of trustees shall select a treasurer, who may be either a member of the
board of trustees or another qualified individual. The treasurer selected
by the board shall give such bond as may be required by the board of
trustees. The board of trustees shall appoint the sewer engineer for the
county in which the greater part of the district lies as chief engineer
for the district, and the sewer engineer shall have the same powers,
responsibilities and duties in regard to planning, construction and
maintenance of the sewers, and treatment facilities of the district as he
now has by virtue of law in regard to the sewer facilities within the
county for which he is elected. If there is no sewer engineer in the
county in which the greater part of the district lies, the board of
trustees may employ a registered professional engineer as chief engineer
for the district under such terms and conditions as may be necessary to
discharge the business and purposes of the district. The provisions of
this subsection shall not apply to any county of the first classification
which has a charter form of government and which contains all or any
portion of a city with a population of three hundred fifty thousand or
more inhabitants.

2. In any county of the first classification which has a charter form of
government and which contains all or any portion of a city with a
population of three hundred fifty thousand or more inhabitants, and in
any county of the first classification without a charter form of
government and which has a population of more than sixty-three thousand
seven hundred but less than seventy-five thousand, there shall be an
eight-member board of trustees to consist of the county executive, the
mayors of the four cities constituting the largest users by flow during
the previous fiscal year, the mayors of two cities which are not among
the four largest users and who are members of the advisory board of the
district established pursuant to section 204.310, and one member of the
county legislature to be appointed by the county executive, with the
concurrence of the county legislature. If the county executive does not
appoint such members of the county legislature to the board of trustees
within sixty days, the county legislature shall make the appointments.
The advisory board members shall be appointed annually by the advisory
board. In the event the district extends into any county bordering the
county in which the greater portion of the district lies, the number of
members on the board of trustees shall be increased to a total of nine
and the presiding commissioner or county executive of the adjoining
county shall be an additional member of the board of trustees. The
trustees shall receive no compensation for their services, but may be
compensated for their reasonable expenses normally incurred in the
performance of their duties. The board of trustees may employ and fix the
compensation of such staff as may be necessary to discharge the business
and purposes of the district, including clerks, attorneys, administrative
assistants, and any other necessary personnel. The board of trustees may
employ and fix the duties and compensation of an administrator for the
district. The administrator shall be the chief executive officer of the
district subject to the supervision and direction of the board of
trustees and shall exercise the powers, responsibilities and duties
heretofore exercised by the chief engineer prior to September 28, 1983.
The administrator of the district may, with the approval of the board of
trustees, retain consulting engineers for the district under such terms
and conditions as may be necessary to discharge the business and purposes
of the district. The provisions of this subsection shall only apply to
counties of the first classification which have a charter form of
government and which contain all or any portion of a city with a
population of three hundred fifty thousand or more inhabitants. (L. 1967
p. 310 § 11, A.L. 1972 H.B. 1239 & 1300, A.L. 1973 H.B. 625, A.L. 1983
H.B. 371, A.L. 1993 S.B. 244, et. al., A.L. 1997 H.B. 340, A.L. 1999 H.B.
450, A.L. 2001 H.B. 501)

CROSS REFERENCE: Election to consolidate sewer districts must be
submitted to voters by resolution, RSMo 249.1100

The representative of each subdistrict advisory board chosen
pursuant to section 204.571, together with the mayor or chief executive
officer or the authorized representative of every incorporated
municipality and a representative authorized in writing to act in that
capacity of every subdistrict, which lies partially within the district
and which operates a sewage collection system which will discharge sewage
into the trunk sewers or the sewage facilities of the common sewer
district shall constitute an advisory board of the district. If there are
three or fewer municipalities and subdistricts the organization of an
advisory board is optional at the discretion of the board of trustees,
and in such case all powers can be exercised by the board of trustees
without the concurrence of the advisory board. The advisory board shall
organize by electing one of its members as chairman and one as vice
chairman. The board of trustees shall keep the advisory board informed as
to all phases of the planning and operations of the district, and the
advisory board shall make such recommendations to the board of trustees
as it deems advisable with regard to the construction and operation of
the sewers and facilities of the district. (L. 1967 p. 310 § 12, A.L.
1972 H.B. 1239 & 1300, A.L. 1983 H.B. 371, A.L. 1992 H.B. 948)

Effective 2-18-92

1. The board of trustees of any common sewer district shall have
power to pass all necessary rules and regulations for the proper
management and conduct of the business of the board of trustees, and of
the district, and for carrying into effect the objects for which the
district is formed.

2. The board of trustees of a district in any first class county 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 shall,
subject to compliance with the exercise of lawful authority granted to or
rules adopted by the clean water commission pursuant to section 644.026,
RSMo, exercise primary authority to adopt, modify, and repeal, and to
administer and enforce rules and regulations 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 sewer systems or treatment
facilities;

(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 board of
trustees may, in addition to any pretreatment standards imposed under
this section, require of any user of its treatment facilities such other
pretreatment of industrial wastes as it deems necessary to adequately
treat such wastes.

3. The rules and regulations adopted by the board of trustees pursuant to
subsection 2 of this section shall be applicable, and enforceable by
civil, administrative or other actions within any territory served by its
sewer systems or treatment facilities and against any municipality,
subdistrict, district or industrial user who shall directly or indirectly
discharge sewage or permit discharge of sewage into the district's sewer
system or treatment facilities.

4. The authority granted to the board 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.

5. The term "industrial user", as used in this section and in section
204.300, shall mean 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.
1967 p. 310 § 13, A.L. 1992 H.B. 948 merged with H.B. 1307)

Effective 2-18-92 (H.B. 948) 4-7-92 (H.B. 1307)

The board of trustees of a district, other than a district
described in section 204.320, may pass all necessary rules and
regulations for the proper management and conduct of the business of the
board of trustees, and the district, and for carrying into effect the
objects for which the district is formed. (L. 1992 H.B. 1307)

Effective 4-7-92

1. It shall be the duty of the board of trustees to make the
necessary surveys, and to lay out and define the general plan for the
construction and acquisition of land, rights-of-way and necessary sewers
and treatment facilities and of any extensions, expansions, or
improvements thereof within the district.

2. The board of trustees may enter into agreements with each
municipality, subdistrict, private district or any industrial user which
discharges sewage into trunk sewers, streams or the treatment facilities
of the district concerning the locations and the manner in which sewage
may be discharged into the district system or streams within the district
and concerning the permissible content of acid wastes, alkaline wastes,
poisonous wastes, oils, grit or other wastes which might be hazardous or
detrimental to the system. If no agreement is obtained with regard to any
such matter the trustees shall refer the dispute to the clean water
commission and the determination of the commission shall be binding upon
the district, municipality, subdistrict or private district. Each
municipality, subdistrict or private district shall control the discharge
of wastes into its collection sewers to the extent necessary to comply
with the agreement or the determination of the clean water commission.
The board of trustees of a common sewer district or the governing body of
any municipality, subdistrict, private district or industrial user
discharging sewage into the stream or the system may petition the circuit
court which decreed the incorporation of the district 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
district, or from the acts of the board of trustees.

3. The board of trustees may contract with each participating community
for the payment of its proportionate share of treatment costs.

4. The board of trustees may contract with public agencies, individuals,
private corporations, and political subdivisions, inside and outside the
common sewer district, to permit them to connect with and use the
district's facilities according to such terms, conditions, and rates as
the board determines are in the interest of the district and regardless
of whether such agencies, individuals, corporations, and subdivisions are
in the same natural drainage area or basins as the district.

5. The board of trustees 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.

6. The board of trustees 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 sewage or business treatment systems within the
jurisdiction of the sewer district.

7. The board of trustees shall have all of the powers necessary and
convenient to provide for the operation and maintenance of its treatment
facilities and the administration, regulation, and enforcement of its
pretreatment program, including the adoption of rules and regulations, to
carry out its powers with respect to all municipalities, subdistricts,
districts, and industrial users which discharge into the collection
system of the district's sewer system or treatment facilities. These
powers include, but are not limited to:

(1) The promulgation of any rule, regulation or ordinance;

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

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

(4) The levying of a civil administrative fine upon any industrial user
in violation of the district's rules, regulations and 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 the circuit court which decreed the district's
incorporation against any industrial user in violation of the district'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 district's rules, regulations, ordinances or any permit
or order issued thereunder has occurred to institute criminal proceedings.

8. The board of trustees may adopt rules and regulations creating
procedural remedies for all persons affected by any order or permit
issued, modified or revoked or any fine or penalty levied by the board
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.

9. 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 district's
rules, regulations, ordinances or wastewater permit, or who falsifies,
tampers with or knowingly renders inaccurate any monitoring device or
method required under the district'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 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 not preclude any appropriate
civil remedy.

10. Whenever any reference is made in this section to any action that may
be taken by the board of trustees, such reference includes such action by
its executive officer pursuant to powers and duties delegated to such
executive officer by the board of trustees. (L. 1967 p. 310 § 14, A.L.
1972 H.B. 1239 & 1300, A.L. 1983 H.B. 371, A.L. 1992 H.B. 948 merged with
H.B. 1307)

Effective 2-18-92 (H.B. 948) 4-7-92 (H.B. 1307)

The county commission, or county legislature, may, in addition
to all powers herein granted or implied, create a subdistrict or
subdistricts within the county, which subdistrict, when created, shall be
a body corporate and politic. Creation of the subdistrict or subdistricts
shall be in the manner hereinafter provided, but in all other respects
the administration and operation of the subdistricts shall be in the
manner provided by sections 249.430 to 249.660, RSMo. Either the county
commission or the members of the county legislature elected from all or a
portion of the subdistrict shall act as the governing body of the sewer
subdistrict. Each subdistrict so created shall, in addition to the powers
granted by sections 249.430 to 249.660, RSMo, have the power and ability
to contract with the common sewer district created pursuant to sections
204.250 to 204.470, or with other subdistricts for the collection,
transportation and treatment of sewage or any function associated
therewith, including but not limited to engineering, construction,
maintenance, repair, and administrative services required for the
collection, transportation, and treatment of sewage. (L. 1972 H.B. 1239 &
1300, A.L. 1983 H.B. 371)

In lieu of the method of incorporation provided in sections
249.450 and 249.460, RSMo, subdistricts may be created in the following
manner: Upon written recommendation of the county highway engineer,
county sewer engineer, or director of public works; or upon petition of
twenty percent or more of the registered voters within the area which
will be liable to assessment for the construction and maintenance of a
sewer system, setting forth generally the area to be included, the county
commission or county legislature shall adopt a resolution to establish
the subdistrict and describing generally the size and location of the
proposed subdistrict. The county commission or county legislature may
designate the highway engineer or director of public works as sewer
engineer, or may retain the services of an engineer or firm of engineers
as sewer engineers. The sewer engineer shall advise the county commission
or county legislature with reference to proper boundaries of any
subdistricts 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 or county legislature shall also request the county clerk,
clerk of the legislature, or other appropriate officer to appoint or
designate a deputy to keep the special records which are required for the
proceedings for the construction and maintenance of the sewer
subdistricts or divisions. In addition, the requirements of sections
249.070 and 249.480, RSMo, must be complied with before a sewer
subdistrict can be incorporated under the provisions of sections 204.331
and 204.332. (L. 1972 H.B. 1239 & 1300, A.L. 1983 H.B. 371)

1. The board of trustees shall have the right to condemn any
land or other property within the district for right-of-way for trunk
sewers or for any other improvement or structure deemed necessary or
advisable for or in connection with the sewer and treatment system of the
district, and in so doing shall follow the procedure that is provided by
chapter 523, RSMo. The board of trustees 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. The board of trustees in any first class noncharter county having a
population of more than one hundred and forty-five thousand and less than
one hundred and fifty thousand as determined by the preceding decennial
census may acquire by purchase, gift or condemnation or may lease or rent
any real or personal property and in so doing shall follow the procedure
that is provided by chapter 523, RSMo. 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.

3. The board of trustees of the district, if it is necessary to cross,
follow or traverse public streets, roads or alleys, or grounds held or
used as public parks or places, shall have the right to do so upon the
following conditions: The board of trustees shall file with the county
commission or mayor of the municipality having immediate jurisdiction
over the street, road, alley or public park or place, a map showing the
location and extent of the proposed occupancy for drainage purposes and a
plan of the proposed works, which plan shall be so made and arranged as
not to interfere with the ordinary and lawful use of the street, road,
alley, public park or place, except during a reasonable time for the
construction of the necessary works.

4. The entire expense of the works and restoration of the ground occupied
to its former condition, as near as may be, shall be borne by the
district. (L. 1967 p. 310 § 15, A.L. 1983 H.B. 371)

1. The board of trustees for the district shall let contracts
for all work to be done, excepting in case of repairs or emergencies
requiring prompt attention, in the construction of trunk sewers and
sewage treatment plants under the authority of sections 204.250 to
204.470, the expense of which will exceed five hundred dollars, to the
lowest responsible bidder therefor, upon not less than twenty days'
notice of the letting, given by publication in a newspaper of general
circulation in the district, and in the discretion of the board, in one
or more newspapers of general circulation among contractors. The board
shall have the power and authority to reject any and all bids and
readvertise the work.

2. The board of trustees, subject to the concurrence of the advisory
board established by sections 204.250 to 204.470, shall also have the
power to enter into agreements with persons, firms or corporations of
known standing and competence for the execution and preparation of the
surveys, maps and plans needed and required by the board, and also for
the laying out and superintendence of work to be constructed under the
authority of sections 204.250 to 204.470, but no single agreement so made
shall cover more than one piece or class of work. (L. 1967 p. 310 § 16)

1. Whenever any sewer district shall have been organized as
provided by sections 204.250 to 204.470, 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 the district, or by reasonable
modifications, extensions or improvements thereof, the boundaries of the
district may be extended as provided in this section, but the extension
shall not include any territory within the boundaries of any other sewer
district.

2. The trustees of the district may, and shall upon receipt of a petition
signed by twenty-five or more persons residing either within the present
boundaries of the district or within the area of the proposed addition,
file with the circuit court having jurisdiction of the district a
petition setting forth the reasonableness or necessity for extending the
boundaries of the district, the boundary lines of the proposed extension,
and a prayer for such further action as may be necessary to determine the
question as to whether the boundaries of the district should be extended.

3. The court shall fix a time at which it will hear the petition or any
objections thereto, and it shall be the duty of the clerk of the circuit
court to cause a notice to be published in a newspaper of general
circulation in the county where the proceedings are pending for three
consecutive weeks before the court date, which notice shall set out the
proposed boundaries of the extension of the district.

4. If upon the hearing of the petition and objections, the court shall
find that an extension of the boundaries of the district is necessary or
reasonable for the preservation of the public health or public welfare,
or will be of public utility or benefit, the court shall find in favor of
the petitioners and shall render its decree to that effect. In its decree
the court may alter or amend the boundaries of the proposed extension as
originally proposed in the petition. 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.

5. If the court shall find in favor of the petitioners, it shall enter
its order directing the appropriate election authority to call and hold
an election in the original sewer district and the territory proposed to
be annexed on the question of whether the territory should be annexed to
the sewer district. The notice shall include a description of the
territory to be annexed.

6. The question shall be submitted in the following form:

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

7. 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, in the original sewer district and the
territory to be annexed combined, shall be in favor of the annexation,
then the court shall render a decree declaring the boundaries of the
district to be extended and describing the boundaries of the district as
extended. If a majority of the votes cast on the proposition, in the
original sewer district and the territory to be annexed combined, shall
be against the annexation, then the court shall render a decree declaring
that the proposal to extend the boundaries has failed and that the
boundaries of the sewer district shall remain unchanged. (L. 1983 H.B.
371)

The cost of any common sewer district of acquiring,
constructing, improving or extending a sewerage system may be met:

(1) Through the expenditures by the sewer district of any funds available
for that purpose;

(2) From any other funds which may be obtained under any law of the state
or of the United States or from any county or municipality for that
purpose; or

(3) From the proceeds of revenue bonds of the common sewer district,
payable solely from the revenues to be derived from the operation of such
sewerage system or from any combination of* all the methods of providing
funds. (L. 1967 p. 310 § 17)

*Word "or" appears in original rolls.

1. No common sewer district in any county of the first
classification which has a charter form of government and which contains
all or any portion of a city with a population of three hundred fifty
thousand or more inhabitants, or in any county of the first
classification without a charter form of government and which has a
population of more than sixty-three thousand seven hundred but less than
seventy-five thousand shall issue or deliver any bonds for the purpose of
acquiring, constructing, improving or extending any sewerage system
payable from the revenues to be derived from the operation of the system
unless a proposition to issue the bonds shall have received the assent of
a majority of the voters of the sewer district who shall vote on the
question or the written assent of three-quarters of the customers of the
sewer district. For purposes of this section, "customer" shall mean:

(1) A political subdivision within the district which has a service or
user agreement with the district; or

(2) A duly created subdistrict.

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

Shall revenue bonds in the amount of ..... dollars for the purpose of
...... (acquiring, constructing, improving or extending the sewerage
system) be issued by the ...... common sewer district? (L. 1967 p. 310 §
18, A.L. 1978 H.B. 971, A.L. 2001 H.B. 501)

Any sewer district organized hereunder and any public water
district organized under chapter 247, RSMo, although constituted
separately, may issue joint revenue bonds, the proceeds, obligation and
repayment of which shall be apportioned between the districts by
contract, the basic terms of which shall be a part of the notice of
elections; provided, however, each water and sewer district combining
jointly to issue such bonds shall comply generally with the requirements
for the issuance of bonds under their respective statutes. (L. 1972 H.B.
1239 & 1300)

1. Revenue bonds authorized at an election held as hereinabove
provided shall be issued by authority of a resolution adopted by the
board of trustees of the district; provided, however, that such
resolution shall have the prior concurrence of the advisory board
established by sections 204.250 to 204.470. The resolution shall recite
that an estimate of the cost of the proposed acquisition, construction,
improvement or extension has been made and shall set out the estimated
cost; it shall set out the amount of the bonds proposed to be issued,
their purposes, their dates, denominations, rates of interest, times of
payment, both of principal and of interest, places of payment and all
other details in connection with the bonds.

2. The bonds may be subject to such provision for redemption prior to
maturity, with or without premium, and at such times and upon such
conditions as may be provided by the board of trustees of the common
sewer district.

3. The bonds shall bear interest at a rate in accordance with section
108.170, RSMo, and shall mature over a period not exceeding thirty-five
years from the date thereof.

4. The bonds may be payable to bearer, may be registered or coupon bonds,
and if payable to bearer may contain such registration privileges as to
either principal and interest, or principal only, as may be provided in
the resolution authorizing the bonds.

5. The bonds and the coupons to be attached thereto, if any, shall be
signed in such manner and by such officers as may be directed by
resolution. Bonds signed by an officer who shall hold the office at the
time the bonds are signed shall be deemed validly and effectually signed
for all purposes, regardless of whether or not any officer shall cease to
hold his office prior to the delivery of the bonds and regardless of
whether or not any officer shall have held or shall not have held such
office on the date ascribed to the bonds.

6. The bonds shall be sold in such manner and upon such terms as the
board of trustees of the common sewer district shall determine, but the
bonds shall not be sold for less than ninety cents on the dollar nor
shall they be sold at such a price that the interest cost upon the actual
proceeds of the bonds from the date thereof to their maturity shall
exceed a rate in accordance with section 108.170, RSMo. The resolution
may provide that certain bonds authorized thereby shall be junior or
subordinate in any or all respects to other revenue bonds authorized
concurrently therewith or prior to or after such bonds. (L. 1967 p. 310 §
19, A.L. 1983 H.B. 371)

Revenue bonds issued under authority of sections 204.250 to
204.470 shall be payable solely from the revenues derived and to be
derived from the operation of the sewerage system acquired, constructed,
improved or extended in whole or in part from the proceeds of the bonds.
No revenue bonds issued pursuant to sections 204.250 to 204.470 shall
constitute an indebtedness of the common sewer district within the
meaning of any constitutional or statutory restriction, limitation or
provision. The face of each bond shall state in substance that the bond
has been issued under the provisions of sections 204.250 to 204.470, that
the taxing power of the common sewer district issuing the bond is not
pledged to the payment thereof either as to principal or interest and
that the bond and the interest thereon are payable solely from the
revenues of the sewerage system for the benefit of which the bond was
issued. (L. 1967 p. 310 § 20)

It shall be the mandatory duty of any common sewer district
which shall issue revenue bonds pursuant to sections 204.250 to 204.470:

(1) To fix and maintain rates and make and collect charges for the use
and services of the system, for the benefit of which revenue bonds were
issued, sufficient to pay the cost of maintenance and operation thereof;

(2) To pay the principal of and the interest on all revenue bonds issued
by the common sewer district chargeable to the revenues of the system; and

(3) To provide funds ample to meet all valid and reasonable requirements
of the resolution by which the revenue bonds have been issued. The rates
shall be from time to time revised so as fully to meet the requirements
of sections 204.250 to 204.470. As long as any bond so issued or the
interest thereon shall remain outstanding and unpaid, rates and charges
sufficient to meet the requirements of this section shall be maintained
and collected by the sewer district which issued the bonds. (L. 1967 p.
310 § 21)

1. Whenever any common sewer district authorizes and issues
revenue bonds pursuant to sections 204.250 to 204.470, an amount
sufficient for the purpose of the net revenues of the sewerage system for
the benefit of which the bonds are issued shall, by operation of sections
204.250 to 204.470, be pledged to the payment of the principal of and the
interest on the bonds as the same shall mature and accrue.

2. The term "net revenues" shall be construed to mean all income and
revenues derived from the ownership and operation of the system less the
actual and necessary expenses of operation and maintenance of the system.

3. It shall be the mandatory duty of the treasurer of the common sewer
district to provide for the prompt payment of the principal and interest
on any revenue bonds as they mature and accrue. (L. 1967 p. 310 § 22,
A.L. 1975 H.B. 723, A.L. 1983 H.B. 371, A.L. 1992 H.B. 948)

Effective 2-18-92

1. The resolution of the board of trustees of the common sewer
district authorizing the issuance of revenue bonds under the authority of
sections 204.250 to 204.470 may provide that periodic allocations of the
revenues to be derived from the operation of the system for the benefit
of which the bonds are issued shall be made into such accounts, separate
and apart from any other accounts of the district, as shall be deemed to
be advisable to assure the proper operation and maintenance of the system
and the prompt payment of the indebtedness chargeable to the revenues of
the system. The accounts may include, but shall not be limited to:

(1) An account for the purpose of providing funds for the operation and
maintenance of the system;

(2) An account to provide funds for the payment of the bonds as to
principal and interest as they come due;

(3) An account to provide an adequate reserve for depreciation, to be
expended for replacements of the system;

(4) An account for the accumulation of a reserve to assure the prompt
payment of the bonds and the interest thereon whenever and to the extent
that other funds are not available for the purpose;

(5) An account to provide funds for contingent expenses in the operation
of the system;

(6) An account to provide for the accumulation of funds for the
construction of extensions and improvements to the system; and

(7) Such other accounts as may be desirable in the judgment of the board
of trustees.

2. The resolution may also establish such limitations as may be expedient
upon the issuance of additional bonds, payable from the revenues of the
system, or upon the rights of the holders of such additional bonds. Such
resolution may include other agreements with the holders of the bonds or
covenants or restrictions necessary or desirable to safeguard the
interests of the bondholder and to secure the payment of the bonds and
the interest thereon. (L. 1967 p. 310 § 23, A.L. 1992 H.B. 948)

Effective 2-18-92

For the purpose of refunding, extending and unifying the whole
or any part of any valid outstanding bonded indebtedness payable from the
revenues of a sewerage system, any common sewer district may issue
refunding bonds not exceeding in amount the principal of the outstanding
indebtedness to be refunded and the accrued interest to the date of the
refunding bonds. The board of trustees of the sewer district shall
provide for the payment of interest at not to exceed the same rate and
the 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. 1967 p. 310 § 24)

The board of trustees shall impose, charge and collect a
reasonable charge from the sewer districts and municipalities, based upon
sewage discharge as shown by metering such flows, the volume of water
used by the residential, commercial, and industrial establishments'
customers within the corporate limits of such district or municipality,
or other equitable measure. Such charges shall be fixed at such rate or
rates as are recommended to the board of trustees by the advisory board;
except that such rates shall ensure that the rates fixed will provide
sufficient revenues for the operation and maintenance of the system and
the payment of principal and interest on all outstanding revenue bonds as
provided in sections 204.250 to 204.470. (L. 1967 p. 310 § 25, A.L. 1992
H.B. 948)

Effective 2-18-92

If, after the preparation of a plan for a system of trunk sewers
and treatment facilities, the voters of the common sewer district defeat
the proposition for the issuance of revenue bonds to fund the
construction of the system, the board of trustees may levy and assess
upon all real property within the district a special tax at such rate as
shall be necessary to pay the cost incurred in the proceedings
incorporating the district, the preparation of the plan for the trunk
sewer and treatment system, the conduct of the elections in the district
and the necessary expenses of the district from the time of its
incorporation until the bond election. The special tax shall be levied by
the county commission, county commissions, or county legislature and
shall be collected and enforced by the same officers and in the same
manner as provided for state and county taxes. If the voters of the
common sewer district defeat a proposition for the issuance of revenue
bonds, successive revenue bond issue elections may be held and the same
proposition or different propositions may be submitted to the voters in
accordance with section 204.370. (L. 1967 p. 310 § 26, A.L. 1983 H.B. 371)

1. Any user charges, connection fees, or other charges levied by
the sewer district shall be due at such time or times as specified by the
board of trustees, 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 trustees filing with the recorder of
deeds in the county where the land is situated a notice of delinquency.
The board of trustees 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.

2. For purposes of this section, the term "board of trustees" shall
include, but is not limited to, the board of trustees established in
subsection 2 of section 204.300. (L. 1983 H.B. 371, A.L. 1984 H.B. 1590)

The board of trustees of the common sewer district may apply for
and accept grants or funds, material or labor, from the state and federal
government, or any departments thereof, in the construction of a sewerage
system as provided by sections 204.250 to 204.470, and may enter into
such agreements as may be required of the state or federal laws, or the
rules and regulations of any federal or state department, to which the
application is made, and where the assistance is granted. (L. 1967 p. 310
§ 27)

It is hereby made the duty of the mayors of cities, the circuit
court, the governing bodies of counties, and all assessors, sheriffs,
collectors, treasurers and other officials in the state of Missouri to do
and perform all the acts and to render all the services necessary to
carry out the purposes of sections 204.250 to 204.470. (L. 1967 p. 310 §
28, A.L. 1983 H.B. 371)

1. Whenever all or any part of a territory located within a
sewer district that is located in any county of the third classification
without a township form of government and with more than forty thousand
eight hundred but less than forty thousand nine hundred inhabitants is
included by annexation within the corporate limits of any city of the
third classification with more than sixteen thousand six hundred but less
than sixteen thousand seven hundred inhabitants, but is not receiving
sewer service from such district or city at the time of such annexation,
the city and the board of trustees of the district may, within six months
after such annexation becomes effective, develop an agreement to provide
sewer service to the annexed territory. Such an agreement may also be
developed for territory that was annexed between January 1, 1996, and
August 28, 2002, but was not receiving sewer service from such district
or such city on August 28, 2002. For the purposes of this section, "not
receiving sewer service" shall mean that no sewer services are being sold
within the annexed territory by such district or city. If the city and
the board reach an agreement that detaches any territory from such
district, the agreement shall be submitted to the circuit court having
jurisdiction over the major portion, and the circuit court shall make an
order and judgment detaching the territory described in the agreement
from the remainder of the district and stating the boundary lines of the
district after such detachment. At such time that the circuit court's
order and judgment becomes final, the clerk of the circuit court shall
file certified copies of such order and judgment with the secretary of
state and with the recorder of deeds and the county clerk of the county
or counties in which the district is located. If an agreement is
developed between a city and a sewer district pursuant to this
subsection, subsections 2 to 8 of this section shall not apply to such
agreement.

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

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

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

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

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

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

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

The agreement shall also include a recommendation for the apportionment
of costs incurred pursuant to subsections 2 to 8 of this section,
including reasonable compensation for the commissioners, between the city
and the district.

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

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

7. If the circuit court approves a detachment as part of the territorial
agreement, it shall make its order and judgment detaching the territory
described in the application from the remainder of the district and
stating the boundary lines of the district after such detachment.

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

9. The proportion of the sum of all outstanding bonds and debt, with
interest thereon, that is required to be paid to the sewer district
pursuant to this section, shall be the same as the proportion of the
assessed valuation of the real and tangible personal property within the
area sought to be detached bears to the assessed valuation of all of the
real and tangible personal property within the entire area of the sewer
district. (L. 2002 S.B. 984 & 985)

One or more political subdivisions of this state not within a
common sewer district formed pursuant to sections 204.250 to 204.470 may
be joined as an unincorporated subdistrict to such common sewer district,
regardless of whether such political subdivision lies in the natural
drainage area or basins of such district, in the following manner: The
governing body of any such political subdivision, together with the
trustees of the common sewer district, may petition the circuit court
having jurisdiction over the major portion of the area to be joined to
the common sewer district as the proposed subdistrict for extension of
the boundaries of the common sewer district to include as a subdistrict
the area within the political subdivision described in the petition. The
petition shall also set forth a name for the proposed subdistrict, shall
state the purposes for which such subdistrict of the common sewer
district is to be created, shall set forth the boundaries of the proposed
subdistrict, and shall have a map of the proposed subdistrict attached
thereto. (L. 1992 H.B. 948 § 1)

Effective 2-18-92

The circuit court with jurisdiction over the formation of a
sewer subdistrict and extension of the boundaries of a common sewer
district to include such subdistrict pursuant to section 204.565 shall,
within thirty days after receiving the petition, schedule a public
hearing on the petition. The clerk of the circuit court having such
jurisdiction shall give notice of the time and the place of the public
hearing by publication at least once each week for three consecutive
weeks in one or more newspapers having a general circulation in the
proposed subdistrict and in the common sewer district. Such notice shall
state that the subdistrict will, upon its formation, be a subdistrict of
the common sewer district, which will be identified by name, and shall
describe either the boundaries of the proposed subdistrict or the area to
be included within the proposed subdistrict. If the court shall find
formation of such subdistrict reasonable or necessary, the court shall
enter its decree extending the boundaries of the common sewer district,
declaring the area to be a sewer subdistrict of the common sewer
district, and approving the map submitted by the petitioners. The decree
and map shall then be filed by the circuit clerk in the office of the
recorder of deeds for each county in which any portion of such
subdistrict and of the common sewer district is situated and with the
county commission or county legislature, as the case may be, of each such
county. (L. 1992 H.B. 948 § 2)

Effective 2-18-92

When an unincorporated sewer subdistrict of a common sewer
district has been formed pursuant to sections 204.565 to 204.573, the
board of trustees of the common sewer district shall have the same powers
with regard to the subdistrict as for the common sewer district as a
whole, plus the following additional powers:

(1) To enter into agreements to accept, take title to, or otherwise
acquire, and to operate such sewers, sewer systems, treatment and
disposal facilities, and other property, both real and personal, of the
political subdivisions included in the subdistrict as the board
determines to be in the interest of the common sewer district to acquire
or operate, according to such terms and conditions as the board finds
reasonable, provided that such authority shall be in addition to the
powers of the board of trustees pursuant to section 204.340;

(2) To provide for the construction, extension, improvement, and
operation of such sewers, sewer systems, and treatment and disposal
facilities, as the board determines necessary for the preservation of
public health and maintenance of sanitary conditions in the subdistrict;

(3) For the purpose of meeting the costs of activities undertaken
pursuant to the authority granted in this section, to issue bonds in
anticipation of revenues of the subdistrict in the same manner as set out
in sections 204.360 to 204.450, for other bonds of the common sewer
district. Issuance of such bonds for the subdistrict shall require the
assent only of four-sevenths of the voters of the subdistrict voting on
the question, and the principal and interest of such bonds shall be
payable only from the revenues of the subdistrict and not from any
revenues of the common sewer district as a whole;

(4) To charge the costs of the common sewer district for operation and
maintenance attributable to the subdistrict, plus a proportionate share
of the common sewer district's costs of administration to revenues of the
subdistrict and to consider such costs in determining reasonable charges
to impose within the subdistrict under section 204.440;

(5) With prior concurrence of the subdistrict's advisory board, to
provide for the treatment and disposal of sewage from the subdistrict in
or by means of facilities of the common sewer district not located within
the subdistrict, in which case the board of trustees shall also have
authority to charge a proportionate share of the costs of the common
sewer district for operation and maintenance to revenues of the
subdistrict and to consider such costs in determining reasonable charges
to impose within the subdistrict under section 204.440. (L. 1992 H.B. 948
§ 3)

Effective 2-18-92

An authorized representative, not a member of the common sewer
district's advisory board under section 204.310, from each political
subdivision which lies partially within a sewer subdistrict formed
pursuant to sections 204.565 to 204.573 and which operates or is served
by a sewage collection system, together with the representatives of all
other such political subdivisions and of each county having territory
within the subdistrict, shall constitute an advisory board for the
subdistrict. The advisory board shall organize by electing one of its
members as chairman, one as vice chairman, and one as a representative to
the common sewer district's advisory board formed pursuant to section
204.310. The board of trustees of the common sewer district shall keep
the subdistrict advisory board informed, either directly or through the
district advisory board, as to all phases of the planning and operations
of the subdistrict, and the subdistrict advisory board shall make such
recommendations to the common sewer district advisory board as the
subdistrict board deems advisable with regard to the construction and
operation of sewers and facilities in the subdistrict. (L. 1992 H.B. 948
§ 4)

Effective 2-18-92

A majority of the political subdivisions within a sewer
subdistrict formed pursuant to sections 204.565 to 204.573 and entitled
to representation on that subdistrict's advisory board under section
204.571, together with the board of trustees of the common sewer district
of which the subdistrict is a part, may petition the circuit court in
which such subdistrict was formed for extension of the boundaries of such
subdistrict and common sewer district within one or more of the political
subdivisions or to include all or a part of other political subdivisions,
which political subdivisions must also join in such petition. The
petition shall state the purposes for which the subdistrict is to be
expanded and shall have a map of the subdistrict, including the proposed
expansion, attached thereto. The court shall schedule a public hearing
and notice shall be afforded in the same manner as provided in section
204.567. If the court shall find such expansion is reasonable or
necessary, the court shall enter a decree extending the boundaries of the
common sewer district and the sewer subdistrict, declaring such area to
be a part of the sewer subdistrict and common sewer district, and
approving the map submitted by the petitioners. The decree and map shall
then be filed in the same manner as prescribed in section 204.567. (L.
1992 H.B. 948 § 5)

Effective 2-18-92

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