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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : ROADS AND WATERWAYS
Chapter : Chapter 235 Street Light Maintenance Districts
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A street light maintenance district may be organized as provided
in this chapter in any county of class one. (L. 1947 V. I p. 452 § 1)
A street light maintenance district shall have for its purpose
the maintenance and operation of the street lights on the streets of the
district. Such district must be wholly within a county of class one, must
consist of contiguous tracts or parcels of property, and may be
contiguous to but may not include any part of any incorporated city, town
or village. (L. 1947 V. I p. 452 § 2)
CROSS REFERENCE: County planning commission powers over public
improvement in class one counties, RSMo 64.010 to 64.295.
The organization of a district shall be initiated by a petition
filed in the office of the clerk of the county commission in the county
in which the real property in the proposed district is situated. The
petition shall be signed by one hundred voters of the proposed district.
The petition shall set forth the following:
(1) Proposed name of the street light maintenance district;
(2) An estimated number of the inhabitants;
(3) The assessed valuation of the taxable tangible property located in
the district;
(4) The estimated annual cost of the operation of the district;
(5) A general description of the boundaries of the district or the
territory to be included therein with such certainty as to enable a
property owner to determine whether or not his property is within the
district;
(6) The names of three voters who shall constitute the first board of
directors of the district, one to hold office until the first biennial
election, one until two years and one until four years after such
election;
(7) Such other data and information as may be useful to the county
commission in determining the necessity for the organization of the
district. (L. 1947 V. I p. 452 § 3, A.L. 1978 H.B. 971)
1. No petition with the requisite signatures shall be declared
null and void on account of alleged defects, but the county commission
may at any time permit the petition to be amended to conform with the
facts, by correcting any errors in the description of the territory, or
in any other particular. Similar petitions or duplicate copies of the
same petition for the organization of the same district, revising the
boundaries of the proposed district, or recommending another chosen name
for the district, or recommending other voters for the first board of
directors, may be filed at any time before a hearing is had on the
petition, and shall, together with the first petition, be regarded as one
petition, and shall be considered by the county commission the same as
though filed with the first petition placed on file.
2. There shall be filed with the petition, or petitions, a filing fee in
the amount of one hundred dollars to be used by the county commission to
pay for publication notices in connection with the hearing and for the
submission of the question. (L. 1947 V. I p. 452 § 4, A.L. 1978 H.B. 971)
Immediately after the filing of such petition, the county
commission shall, by order, fix a time and place not less than thirty
days nor more than sixty days after the petition is filed for a hearing
thereon, and thereupon the county clerk shall cause notice by publication
to be made of the filing of the petition and the pendency of the action
and of the time and place of the hearing. (L. 1947 V. I p. 452 § 5)
Any time after the filing of a petition for the organization of
a district and before the day fixed for the hearing thereon, a petition
may be filed in the office of the county clerk protesting against the
creation of the proposed district. Such protesting petition shall be
signed and filed by or on behalf of one or more qualified taxpaying
electors of the district, and shall recite wherein the incorporation of
the district will not promote the purposes as set forth in the petition,
or wherein sufficient facts have not been related to justify the
incorporation of such district, and any other facts which may be useful
to the commission in determining whether or not such original petition
shall be allowed. (L. 1947 V. I p. 452 § 6)
1. If it shall appear at the hearing that a petition for the
organization of a district has been signed and presented, as provided in
section 235.030, in conformity with this law, and that no protesting
petition has been filed, or if one has been filed, that the facts adduced
in behalf thereof at the hearing are insufficient to sustain such
protesting petition, the county commission shall, by order duly entered
of record, declare the district organized, define the boundaries thereof,
making such changes in the boundaries thereof, making such changes in the
boundary line as set forth in the petition, if any, as the county
commission may deem proper, and give it a corporate name by which in all
proceedings it shall thereafter be known, and thereupon the district,
subject to the election provided in this section, shall be a political
subdivision of the state of Missouri and a body corporate with all the
powers of like or similar corporations.
2. The order of incorporation shall not become final and conclusive until
it shall have been submitted to the voters residing within the boundaries
described in such order, and until it shall have been assented to by a
majority vote of the voters of the district voting on the question. The
county commission shall order the submission of the question.
3. The question shall be submitted in substantially the following form:
Shall a street light maintenance district, to be known as the .... street
light maintenance district, be incorporated?
4. If a majority of the voters of the district voting on such question
shall have voted in favor of the question to incorporate the district,
then the commission shall enter its further order declaring the order of
incorporation to be final and conclusive. In the event, however, that the
commission shall find that a majority of the voters voting thereon shall
not have voted in favor of the question to incorporate the district, then
the commission shall enter its further order declaring said order of
incorporation to be void and of no effect.
5. If the commission enters an order declaring the order of incorporation
to be final and conclusive, it shall at the same time designate the first
board of directors of said district from among the names of the voters
who have been named in one or more petitions filed in said cause, one to
hold office until the first biennial election of board members, one until
two years and one until four years after such election. (L. 1947 V. I p.
452 § 7, A.L. 1978 H.B. 971)
Within thirty days after the final order of the county
commission in which said district has been declared a public corporation,
the county clerk of said commission shall transmit to the recorder of
deeds in the county in which the district is located copies of the
findings and orders of the commission incorporating said district. The
same shall be filed in the same manner as articles of incorporation are
required to be filed under the general laws concerning corporations. (L.
1947 V. I p. 452 § 8)
Whenever a district has been declared duly and finally
organized, the members of the board shall qualify by filing with the
county clerk their oaths of office, which shall be in the form prescribed
by the constitution, and such board members shall also file with the
county clerk corporate surety bonds to be furnished at the expense of the
district, the form and amount thereof to be fixed and approved by the
county commission, and said bonds to be conditioned for the faithful
performance of their duties as directors. (L. 1947 V. I p. 452 § 9)
After taking their oaths and filing their bonds, the board shall
choose one of its members as chairman of the board and president of the
district, and shall elect a secretary and a treasurer of the board and of
the district, who may or may not be members of the board. The secretary
and the treasurer may be one person. Such board shall adopt a seal, and
the secretary shall keep in a well-bound book a record of all its
proceedings, minutes of all meetings, certificates, contracts, bonds
given by employees and a record of corporate acts, which shall be open to
inspection of all owners of property in the district, as well as to all
other interested parties. (L. 1947 V. I p. 452 § 10)
The treasurer shall keep strict and accurate accounts of all
money received by and disbursed for and on behalf of the district in
permanent records. He shall file with the county clerk, at the expense of
the district, a corporate surety bond in an amount to be determined by
the board, conditioned on the faithful performance of the duties of his
office. He shall file in the office of the county clerk a detailed
financial statement for the preceding fiscal year of the district on
behalf of the board during the month of January. The fiscal year of the
board shall be the same as the calendar year. (L. 1947 V. I p. 452 § 11)
Each member of the board shall receive an attendance fee in an
amount not to exceed fifty dollars per diem for attending each regularly
called board meeting, but shall not be paid for attending more than one
in any calendar month. Each member of the board shall be reimbursed for
his actual expenditures in the performance of his duties on behalf of the
district. The county commission shall have power to remove directors or
any of them for good cause shown upon a petition, notice and hearing. (L.
1947 V. I p. 452 § 12, A.L. 1967 p. 352, A.L. 1990 H.B. 1548)
The board shall meet at the place to be designated by the board
as often as the needs of the district require, on notice to each member
of the board. Two members of the board shall constitute a quorum at any
meeting. Any vacancy on the board shall be filled by the remaining member
or members of the board, the appointee or appointees to act until the
next biennial election at which directors are elected as provided in
section 235.140, when the vacancy or vacancies shall be filled by
election. If the board shall fail, neglect or refuse to fill any vacancy
within thirty days after the same occurs, the county commission shall
fill such vacancy. (L. 1947 V. I p. 452 § 13)
1. At the general election in the year after the first full
calendar year after the organization of any district and at the general
election thereafter, there shall be elected by the voters of the district
one member of the board to serve for a term of six years. Nominations may
be filed with the secretary of the board.
2. The candidates for board member shall be elected on a separate
nonpartisan ballot. The candidate receiving the most votes shall be
elected. Any new member of the board shall qualify in the same manner as
members of the first board qualify. (L. 1947 V. I p. 452 § 14, A.L. 1978
H.B. 971)
For the purpose of providing for the maintenance of street
lighting within the district, the district and, on its behalf, the board,
shall have the following powers, authority and privileges:
(1) To have perpetual existence;
(2) To have and use a corporate seal;
(3) To sue and be sued, and be a party to suits, actions and proceedings;
(4) To enter into contracts, franchises and agreements with any person,
partnership, association or corporation, public or private, affecting the
affairs of the district;
(5) To acquire, dispose of and encumber real and personal property and
any interest therein, including leases and easements;
(6) To have the management, control and supervision of all the business
and affairs of the district, and the construction, installation,
operation and maintenance of district improvements therein;
(7) To hire and retain agents, employees, engineers and attorneys;
(8) To have and exercise the power of eminent domain and in the manner
provided by law for the condemnation of private property for public use
to take any property within the district necessary to the exercise of the
powers herein granted;
(9) To receive and accept by bequest, gift or donation any kind of
property;
(10) To adopt and amend bylaws and any other rules and regulations not in
conflict with the constitution and laws of this state, necessary for the
carrying on of the business, objects and affairs of the board and of the
district, and to refer to the proper authorities for prosecution any
infraction thereof detrimental to the district. Any person violating any
such ordinance, rules and regulations is hereby declared to be guilty of
a misdemeanor, and upon conviction thereof shall be punished as is
provided by law therefor;
(11) To have and exercise all rights and powers necessary or incidental
to or implied from the specific powers granted herein. Such specific
powers shall not be considered as a limitation upon any power necessary
or appropriate to carry out the purposes and intent of this law. (L. 1947
V. I p. 452 § 15)
For the purpose of providing revenue for such districts, the
board shall have the power and authority to order the levy and collection
of ad valorem taxes on and against all taxable tangible property within
the district, and to make timely demand for any and all other taxes or
allocations to which the district may be entitled. (L. 1947 V. I p. 452 §
16)
To levy and collect taxes as provided in section 235.160, the
board shall in each year determine the amount of money necessary to be
raised by taxation, and shall fix a rate of levy which, when levied upon
every dollar of the taxable tangible property within the district as
shown by the last completed assessment, and with other revenues, will
raise the amount required by the district annually to supply funds for
paying the expenses of organization and the costs of the district, which
rate of levy shall not exceed forty cents on the one hundred dollars
assessed valuation. (L. 1947 V. I p. 452 § 17, A.L. 1978 H.B. 1624, A.L.
1989 H.B. 197)
1. Before the board of directors of any street light maintenance
district may increase the district's current tax levy, the proposed
increase must be approved by a majority of the voters voting thereon.
2. The proposition to increase the tax levy may be submitted by the board
of directors or upon petition of five hundred registered voters of the
district. All propositions to increase the tax levy shall be submitted at
the next election permitted by section 115.123, RSMo.
3. A separate ballot containing the question shall read as follows:
Shall the board of directors of the ....... street light maintenance
district be authorized to increase the current tax levy of ....... cents
per one hundred dollars assessed valuation to ...... cents per one
hundred dollars assessed valuation to provide funds for the support of
the district?
Yes
No
(If you are in favor of the tax levy, place an X in the box opposite
"Yes". If you are opposed to the tax levy, place an X in the box opposite
"No".)
4. If a majority of the qualified voters casting votes thereon be in
favor of the increased tax levy, the board of directors shall raise the
tax levy to the level approved by the voters. If a majority of the voters
casting votes thereon do not vote in favor of the increased tax levy, any
levy previously authorized shall remain in effect.
5. No street light maintenance district shall fix a rate of levy which
exceeds the maximum tax levy authorized by section 235.170. (L. 1978 H.B.
1624 § 2)
Effective 5-31-78
On or before the first day of September of each year, the board
shall certify to the county commission of the county within which the
district is located a rate of levy so fixed by the board as provided by
law, with directions that at the time and in the manner required by law
for levy of taxes for county purposes such county commission shall levy a
tax at the rate so fixed and determined upon the assessed valuation of
all the taxable tangible property within the district, in addition to
such other taxes as may be levied by such county commission. (L. 1947 V.
I p. 452 § 18)
It shall be the duty of the body having authority to levy taxes
within the county to levy the taxes provided in this law, and it shall be
the duty of all officials charged with the duty of collecting taxes to
collect such taxes at the time and in the form and manner and with like
interest and penalties as other taxes are collected; and when collected,
to pay the same to the district ordering its levy and collection or
entitled to the same, and the payment of such collections shall be made
monthly to the treasurer of the district and paid into the depositary
thereof to the credit of the district. All taxes levied under this law,
together with interest thereon and penalties for default in payment
thereof, and all costs of collecting the same, shall, until paid,
constitute a perpetual lien on and against the property taxed, and such
lien shall be on a parity with the tax lien of general taxes, and no sale
of such property to enforce any general tax or other lien shall
extinguish the perpetual lien of district taxes. (L. 1947 V. I p. 452 §
19)
If the taxes levied are not paid as provided in section 235.190,
then the delinquent real property shall be sold at the regular tax sale
for the payment of said taxes, interest and penalties, in the manner
provided by the statutes of the state of Missouri for selling property
for the nonpayment of general taxes. If there are no bids at said tax
sale for the property so offered, said property shall be struck off to
the county or other agency provided by law, and the county or agency
shall account to the district in the same manner as provided by law for
accounting for school, town and city taxes. Delinquent personal property
shall be distrained and sold as provided by general law. (L. 1947 V. I p.
452 § 20)
1. The boundaries of any district organized under the provisions
of this law may be changed in the manner prescribed in this section and
in section 235.220, but any change of boundaries of the district shall
not impair or affect its organization or its rights in or to property, or
any of its rights or privileges whatsoever; or shall it affect or impair
or discharge any contract, obligation, lien or charge for or upon which
it might be liable or chargeable had the change of boundaries not been
made.
2. Two-thirds of the owners of real property in an area contiguous with a
street light maintenance district organized under this law and not
located within any municipality or another street light maintenance
district may file with the board a petition in writing praying that the
real property be included within the district. The petition shall
describe the property to be annexed and shall be deemed to give assent of
the petitioners to the inclusion in the district of the property
described in the petition.
3. The secretary of the board shall cause notice of the filing of the
petition to be given and published in the county in which the property is
located, which notice shall recite the filing of the petition, the names
of the petitioners, the descriptions of the lands sought to be included
and the prayer of the petitioners, giving notice to all persons
interested to appear at the office of the board at the time named in the
notice and show cause in writing, if any they have, why the petition
should not be granted.
4. The board shall at the time and place mentioned, or at such time or
times to which the hearing may be adjourned, proceed to hear the petition
and all objections thereto presented in writing by any person showing
cause why the petition should not be granted. The failure of any person
interested to show cause in writing why the petition shall not be granted
shall be deemed and held and taken as an assent on his part to the
inclusion of the lands in the district as prayed for in the petition.
5. If the petition is granted, the board shall make an order to that
effect and file the same with the county clerk; and upon the order of the
county commission, the property shall be included in the district, and
thereafter a copy of the order of the board and the order of the
commission shall be filed with the recorder. The county commission shall
proceed to make the order including such additional property within the
district as is provided in the order of the board, unless the commission
shall find that the order of the board was not authorized by law or that
the order of the board was not supported by competent and substantial
evidence. (L. 1947 V. I p. 452 § 21, A.L. 1967 p. 353)
1. The owner or owners of any real or personal property
contained within the boundaries of the district may file with the board a
petition praying that such property be excluded and taken from said
district. Such petition shall describe the property which the petitioners
desire to have excluded.
2. The secretary of the board shall cause a notice of filing of such
petition to be published in the county in which said property is located.
The notice shall state the filing of such petition, the names of
petitioners, description of the property mentioned sought to be excluded
and the prayer of said petitioners; and it shall notify all persons
interested to appear at the office of said board at the time named in
said notice showing cause in writing, if any they have, why said petition
should not be granted.
3. The board at the time and place mentioned in the notice, or at the
time or times at which the hearing of said petition may be adjourned,
shall proceed to hear the petition and all objections thereto presented
in writing by any person showing cause as aforesaid, why the prayer of
the petition should not be granted. The filing of such petition shall be
deemed and taken as an assent by each and all such petitioners to the
exclusion from the district of the property mentioned in the petition, or
any part thereof.
4. The board, if it deems it not for the best interests of the district
that the property mentioned in the petition, or any portion thereof,
shall be excluded from the district, shall order that said petition be
denied; but if it deems it for the best interest of the district that the
property mentioned in the petition, or some portion thereof, be excluded
from the district, then the board may order the property mentioned in the
petition or some portion thereof, excluded from the district.
5. Upon allowance of such petition, the board shall file a certified copy
of the order of the board making such change with the county clerk; and
upon order of the county commission said property shall be excluded from
the district, and a copy of the order of the board and the order of the
commission shall be filed with the recorder.
6. The county commission shall make any such order excluding property
from the district as provided in the order of the board, unless the
commission shall find that such order of the board was not authorized by
law, or that such order of the board was not supported by competent and
substantial evidence. (L. 1947 V. I p. 452 § 22)
All real property included within, or excluded from, a district
shall thereafter be subject to the levy of taxes for the payment of any
indebtedness of the district outstanding at the time of inclusion or
exclusion; provided, however, that after any real property shall have
been excluded from a district, as provided in section 235.220, any
buildings and improvements thereafter erected or constructed on said
excluded real property, and all machinery and equipment thereafter
installed or placed therein or thereon, and all tangible personal
property not in said district at the time of the exclusion of said real
property from said district which shall thereafter be situate on or used
in connection with said real property, shall not be subject to any taxes
levied by said district. (L. 1947 V. I p. 452 § 23)
Any provision of the law to the contrary notwithstanding, no
city, town or village shall annex a part of the territory of any
district; but nothing herein shall be construed so as to prevent the
annexation of the whole of the territory of a district by any city, town
or village. If the entire district be annexed by any city, town or
village as provided by law such municipality shall assume all debts,
liabilities and obligations of the district; and title to all property,
real, personal and mixed, of the district shall be transferred to and
vested in such municipality. (L. 1947 V. I p. 452 § 24)
1. Whenever a petition signed by not less than one hundred
voters in any district organized under the provisions of this chapter
shall have been filed with the county commission setting forth all the
relevant facts pertaining to said district, and alleging that the further
operation of said district is inimicable to the best interests of the
inhabitants of said district, and that said district should, in the
interest of the public welfare and safety, be dissolved, said county
commission shall have authority, after hearing evidence submitted on the
aforesaid question, to order a submission of the question which shall be
submitted to the voters of the district.
2. The question shall be submitted in substantially the following form:
Shall the ...... street light maintenance district be dissolved? (L. 1947
V. I p. 452 § 25, A.L. 1978 H.B. 971)
1. If the commission shall find that it is to the best interest
of the inhabitants of said district * that such district be dissolved, it
shall make an order reciting the same and providing for the submission of
the question to dissolve such district to a vote of the voters of the
district. The question shall be submitted only at the time of the general
election at which a board member is elected. Returns of the submission of
the question certified to the commission.
2. If the commission finds that a majority of the voters voting thereon
shall have voted in favor of the question to dissolve said district, the
commission shall make a final order dissolving said district, and the
order shall contain a proviso that said district shall continue in full
force for the purpose of paying all outstanding and lawful obligations
and disposing of property of the district; but no additional costs or
obligations shall be created except such as are necessary to pay such
costs, obligations and liabilities theretofore incurred or necessary to
the winding up of the district.
3. If the commission shall find that a majority of the voters of the
district voting thereon shall not have voted favorably on the question to
dissolve such district, then the commission shall make a final order
declaring such result dismissing the petition praying for the dissolution
of said district; and the district shall continue to operate in the same
manner as though said petition asking for such dissolution had not been
filed. (L. 1947 V. I p. 452 § 26, A.L. 1978 H.B. 971)
*Word "and" appears here in original rolls.
No dissolution of such district shall invalidate or affect any
right accruing to such district, or to any person, or invalidate or
affect any contract or indebtedness entered into or imposed upon such
district or person; and whenever the county commission shall, under the
provisions of section 235.260, dissolve any such district, the said
commission shall appoint some competent person to act as trustee for the
said district so dissolved, and such trustee before entering upon the
discharge of his duties shall take and subscribe an oath that he will
faithfully discharge the duties of his office, and shall give bond with
sufficient security, to be approved by the county commission, to the use
of such dissolved district, for the faithful discharge of his duties, and
shall proceed to liquidate said district under orders of said commission.
(L. 1947 V. I p. 452 § 27)
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