177.091. Elementary and high schools, establishment--acquisition of additional grounds--sale of property, distribution of proceeds--use of property purchased, city of Corder in Lafayette County. - Missouri Statutes

Elementary and high schools, establishment--acquisition of additionalgrounds--sale of property, distribution of proceeds--use ofproperty purchased, city of Corder in Lafayette County.

177.091. 1. The school board in each seven-director district, assoon as sufficient funds are provided, shall establish an adequate numberof elementary schools, and if the demands of the district require more thanone elementary school building, the board shall divide the district intoelementary school wards and fix the boundaries thereof. The board shallselect and procure a site in each ward and erect and furnish a suitableschool building thereon.

2. The board may also establish high schools and may select andprocure sites and erect and furnish buildings therefor.

3. The board may acquire additional grounds when needed for schoolpurposes. If the directors of both school districts involved agree, suchgrounds may be located outside of the boundaries of the district andoperated for school purposes.

4. If there is any school property, the ownership of which is vestedin the district, that is no longer required for the use of the district,the board, by an affirmative vote of a majority of the whole board, mayauthorize and direct the sale or lease of the property, except that,property outside the boundaries of the school district may not be leased.Real property may be sold or leased by listing the property with one ormore real estate brokers licensed by the state of Missouri and paying acommission upon such sale or lease. Real property not sold or leasedthrough a real estate broker and all personal property, unless sold orleased to a public institution of higher education, shall be sold or leasedto the highest bidder. If real property is not sold or leased through areal estate broker, notice that the board is holding the property for saleor offering it for lease shall be given by publication in a newspaperwithin the county in which all or a part of the district is located whichhas general circulation within the district, once a week for twoconsecutive weeks, the last publication to be at least seven days prior tothe sale or lease of the property; except that, any real or personal schoolproperty may be sold or leased to a city, state agency, municipalcorporation, or other governmental subdivision of the state located withinthe boundaries of the district, for public uses and purposes, by the givingof public notice as herein provided and at such sum as may be agreed uponbetween the school district and the city, state agency, municipalcorporation, or other governmental subdivision of the state. The lease ordeed of conveyance shall be executed by the president and attested by thesecretary of the board. If the district has a seal, it shall be affixed tothe deed or lease. The proceeds derived from the sale of real property ornonrealty by districts identified as financially stressed pursuant tosection 161.520, RSMo, shall, until July 1, 1998, be placed to the creditof the incidental fund or the capital projects fund of the district, withnotice of any such sale to be included in the budget and education plansubmitted to the department of elementary and secondary education, and, onand after July 1, 1998, any such proceeds shall be placed to the credit ofthe capital projects fund. The proceeds from the sale of real property ornonrealty and from leases, by any other district, shall be placed to thecredit of the capital projects fund.

5. Notwithstanding the provisions of subsection 4 of this section tothe contrary, after twenty-five years from the date of purchase, any cityof the fourth classification with more than four hundred but fewer thanfive hundred inhabitants and located in any county of the fourthclassification with more than thirty-two thousand nine hundred but fewerthan thirty-three thousand inhabitants located within the boundaries of aschool district that has purchased any real or personal school propertyfrom the school district for public uses and purposes, as provided insubsection 4 of this section, may sell the property or use the property forwhatever purpose such city deems necessary.

6. The school board of a seven-director district may also list realproperty for sale on which a building has been constructed by an approvedvocational education class with a real estate broker licensed by the stateof Missouri and pay a commission thereon.

7. Other provisions of this section to the contrary notwithstanding,bids for the purchase of any building constructed by students as part of anapproved vocational education class may be accepted prior to completion ofsuch construction.

(L. 1963 p. 200 § 12-9, A.L. 1972 S.B. 552, A.L. 1984 H.B. 1043, A.L. 1990 S.B. 525, A.L. 1993 S.B. 380, A.L. 1994 S.B. 442, A.L. 1997 H.B. 410 merged with S.B. 310, A.L. 2006 S.B. 751)

(Source: RSMo 1959 § 165.370)