| 1 | 1 | | |
|---|
| 2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
|---|
| 3 | 3 | | and is intended to be omitted in the law. |
|---|
| 4 | 4 | | FIRST REGULAR SESSION |
|---|
| 5 | 5 | | SENATE BILL NO. 365 |
|---|
| 6 | 6 | | 103RD GENERAL ASSEMBLY |
|---|
| 7 | 7 | | INTRODUCED BY SENATOR BROWN (26). |
|---|
| 8 | 8 | | 0311S.01I KRISTINA MARTIN, Secretary |
|---|
| 9 | 9 | | AN ACT |
|---|
| 10 | 10 | | To repeal section 247.220, RSMo, and to enact in lieu thereof one new section relating to public |
|---|
| 11 | 11 | | water supply districts. |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
|---|
| 14 | 14 | | Section A. Section 247.220, RSMo, is repealed and one new 1 |
|---|
| 15 | 15 | | section enacted in lieu thereof, to be known as section 247.220, 2 |
|---|
| 16 | 16 | | to read as follows:3 |
|---|
| 17 | 17 | | 247.220. 1. Proceedings for the dissolution of a 1 |
|---|
| 18 | 18 | | public water supply district shall be substantially the same 2 |
|---|
| 19 | 19 | | as proceedings for the formation of such a district, as 3 |
|---|
| 20 | 20 | | follows: A petition describing the boundaries of the 4 |
|---|
| 21 | 21 | | district sought to be dissolved shall be filed with the 5 |
|---|
| 22 | 22 | | clerk of the circuit court of the county wherein the subject 6 |
|---|
| 23 | 23 | | district is situate, or with the clerk of the circuit court 7 |
|---|
| 24 | 24 | | of the county having the largest acreage within the 8 |
|---|
| 25 | 25 | | boundaries of the subject district, in the event that the 9 |
|---|
| 26 | 26 | | subject district embraces lands in more than one county. 10 |
|---|
| 27 | 27 | | Such petition, in addition to such boundary description, 11 |
|---|
| 28 | 28 | | shall allege that further operation of the subject district 12 |
|---|
| 29 | 29 | | is inimicable to the best interests of the inhabitants of 13 |
|---|
| 30 | 30 | | the district, that the distri ct should, in the interest of 14 |
|---|
| 31 | 31 | | the public welfare and safety, be dissolved, that an 15 |
|---|
| 32 | 32 | | alternative water supplier is available and better able to 16 |
|---|
| 33 | 33 | | supply water to the inhabitants of the district, and such 17 |
|---|
| 34 | 34 | | other information as may be useful to the court in 18 SB 365 2 |
|---|
| 35 | 35 | | determining whether the petition should be granted and a 19 |
|---|
| 36 | 36 | | decree of dissolution entered. Such petition shall also 20 |
|---|
| 37 | 37 | | include a detailed plan for payment of all debt and 21 |
|---|
| 38 | 38 | | obligations of the district at the time of dissolution. 22 |
|---|
| 39 | 39 | | Such petition shall be accomp anied by a cash deposit of 23 |
|---|
| 40 | 40 | | fifty dollars as an advancement of the costs of the 24 |
|---|
| 41 | 41 | | proceeding and the petition shall be signed by not less than 25 |
|---|
| 42 | 42 | | one-fifth of the registered voters from each subdistrict, or 26 |
|---|
| 43 | 43 | | fifty registered voters from each subdistrict, whic hever is 27 |
|---|
| 44 | 44 | | less, within the subject district. The petition shall be 28 |
|---|
| 45 | 45 | | verified by at least one of the signers thereof and shall be 29 |
|---|
| 46 | 46 | | served upon the board of directors of the district as 30 |
|---|
| 47 | 47 | | provided by law. The district shall be a party, and if the 31 |
|---|
| 48 | 48 | | board of directors in its discretion determines that such 32 |
|---|
| 49 | 49 | | dissolution is not in the public interest, the district 33 |
|---|
| 50 | 50 | | shall oppose such petition and pay all cost and expense 34 |
|---|
| 51 | 51 | | thereof. 35 |
|---|
| 52 | 52 | | 2. Upon the filing of the petition, the same shall be 36 |
|---|
| 53 | 53 | | presented to the circu it court, and such court shall fix a 37 |
|---|
| 54 | 54 | | date for a hearing on such petition, as provided in this 38 |
|---|
| 55 | 55 | | section. Thereupon, the clerk of the court shall give 39 |
|---|
| 56 | 56 | | notice of the filing of the petition in some newspaper of 40 |
|---|
| 57 | 57 | | general circulation in the county in which th e proceedings 41 |
|---|
| 58 | 58 | | are pending, and if the district extends into any other 42 |
|---|
| 59 | 59 | | county or counties, such notice shall also be published in 43 |
|---|
| 60 | 60 | | some newspaper of general circulation in such other county 44 |
|---|
| 61 | 61 | | or counties. The notice shall contain a description of the 45 |
|---|
| 62 | 62 | | subject boundary lines of the district and the general 46 |
|---|
| 63 | 63 | | purposes of the petition, and shall set forth the date fixed 47 |
|---|
| 64 | 64 | | for the hearing on the petition, which shall not be less 48 |
|---|
| 65 | 65 | | than seven nor more than twenty -one days after the date of 49 |
|---|
| 66 | 66 | | the last publication of the notice and shall be on some 50 SB 365 3 |
|---|
| 67 | 67 | | regular judicial day of the court wherein the petition is 51 |
|---|
| 68 | 68 | | pending. Such notice shall be signed by the clerk of the 52 |
|---|
| 69 | 69 | | circuit court and shall be published in three successive 53 |
|---|
| 70 | 70 | | issues of a weekly newspaper or in twenty succ essive issues 54 |
|---|
| 71 | 71 | | of a daily newspaper. 55 |
|---|
| 72 | 72 | | 3. The court, for good cause shown, may continue the 56 |
|---|
| 73 | 73 | | case or the hearing thereon from time to time until final 57 |
|---|
| 74 | 74 | | disposition thereof. 58 |
|---|
| 75 | 75 | | 4. Exceptions to the dissolution of a district may be 59 |
|---|
| 76 | 76 | | made by any voter or landowner of the district, and by the 60 |
|---|
| 77 | 77 | | district as herein provided; such exceptions shall be filed 61 |
|---|
| 78 | 78 | | not less than five days prior to the date set for the 62 |
|---|
| 79 | 79 | | hearing on the petition. Such exceptions shall specify the 63 |
|---|
| 80 | 80 | | grounds upon which the exceptions are filed and the court 64 |
|---|
| 81 | 81 | | shall take them into consideration in passing upon the 65 |
|---|
| 82 | 82 | | petition and shall also consider the evidence in support of 66 |
|---|
| 83 | 83 | | the petition and in support of the exceptions made. Unless 67 |
|---|
| 84 | 84 | | petitioners prove that all debts and financial obligatio ns 68 |
|---|
| 85 | 85 | | of the district can be paid in full upon dissolution, the 69 |
|---|
| 86 | 86 | | petition shall be dismissed at the cost of the petitioners. 70 |
|---|
| 87 | 87 | | 5. Should the court find that it would not be to the 71 |
|---|
| 88 | 88 | | public interest to dissolve a district, the petition shall 72 |
|---|
| 89 | 89 | | be dismissed at the costs of the petitioners. If, however, 73 |
|---|
| 90 | 90 | | the court should find in favor of the petitioners, the court 74 |
|---|
| 91 | 91 | | shall enter its interlocutory decree of dissolution which 75 |
|---|
| 92 | 92 | | decree shall provide for the submission of the question to 76 |
|---|
| 93 | 93 | | the voters of the district in substantially the following 77 |
|---|
| 94 | 94 | | form: 78 |
|---|
| 95 | 95 | | Shall ______ Public Water Supply District 79 |
|---|
| 96 | 96 | | be dissolved? 80 |
|---|
| 97 | 97 | | 6. The decree of dissolution shall not become final 81 |
|---|
| 98 | 98 | | and conclusive until it shall have been submitted to the 82 SB 365 4 |
|---|
| 99 | 99 | | voters residing within the boundaries d escribed in such 83 |
|---|
| 100 | 100 | | decree and until it shall have been assented to by a 84 |
|---|
| 101 | 101 | | majority of [two-thirds] four-sevenths of the voters of the 85 |
|---|
| 102 | 102 | | district voting on the proposition. The decree shall 86 |
|---|
| 103 | 103 | | provide for the submission of the question and shall fix the 87 |
|---|
| 104 | 104 | | date thereof. The returns shall be certified by the 88 |
|---|
| 105 | 105 | | election authority to the circuit court having jurisdiction 89 |
|---|
| 106 | 106 | | in the case and the court shall thereupon enter its order 90 |
|---|
| 107 | 107 | | canvassing the returns and declaring the result of such 91 |
|---|
| 108 | 108 | | election. 92 |
|---|
| 109 | 109 | | 7. If, upon canvass and declaration, it is found and 93 |
|---|
| 110 | 110 | | determined that the question shall have been assented to by 94 |
|---|
| 111 | 111 | | a majority of [two-thirds] four-sevenths of the voters of 95 |
|---|
| 112 | 112 | | the district voting on such proposition then the court 96 |
|---|
| 113 | 113 | | shall, in such order declaring the result of the election, 97 |
|---|
| 114 | 114 | | enter a further order declaring the decree of dissolution to 98 |
|---|
| 115 | 115 | | be final and conclusive. In the event, however, that the 99 |
|---|
| 116 | 116 | | court should find that the question had not been assented to 100 |
|---|
| 117 | 117 | | by the majority required, the court shall enter a furt her 101 |
|---|
| 118 | 118 | | order declaring such decree of dissolution to be void and of 102 |
|---|
| 119 | 119 | | no effect. No appeal shall lie from any of the aforesaid 103 |
|---|
| 120 | 120 | | orders. In the event that the court declares the decree of 104 |
|---|
| 121 | 121 | | dissolution to be final, as provided in this section, the 105 |
|---|
| 122 | 122 | | clerk of the circuit court shall file certified copies of 106 |
|---|
| 123 | 123 | | such decree of dissolution and of such final order with the 107 |
|---|
| 124 | 124 | | secretary of state of the state of Missouri, and with the 108 |
|---|
| 125 | 125 | | recorder of deeds of the county or counties in which the 109 |
|---|
| 126 | 126 | | district is situate and with the clerk of the county 110 |
|---|
| 127 | 127 | | commission of the county or counties in which the district 111 |
|---|
| 128 | 128 | | is situate. 112 |
|---|
| 129 | 129 | | 8. Notwithstanding anything in this section to the 113 |
|---|
| 130 | 130 | | contrary, no district shall be dissolved until after all of 114 SB 365 5 |
|---|
| 131 | 131 | | its debts shall have been paid, and the court, in its decree 115 |
|---|
| 132 | 132 | | of dissolution, shall provide for the disposition of the 116 |
|---|
| 133 | 133 | | property of the district. 117 |
|---|
| 134 | 134 | | |
|---|