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Section A. Section 247.220, RSMo, is repealed and one new 1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