204.250. Common sewer districts, where formed--establishment of common sewer subdistrict--submission of question of election by order of court--contents of order--approval, required percentage--notice - Missouri Statutes

Common sewer districts, where formed--establishment of common sewersubdistrict--submission of question of election by order ofcourt--contents of order--approval, required percentage--noticeof election, contents--ballot, form--circuit court may createsubdistrict upon petition--petition, contents--boundaries ofsubdistrict, description by metes and bounds.

204.250. 1. If the construction and maintenance of acommon system of trunk sewers and sewage treatment plants isnecessary to secure proper sanitary conditions for thepreservation of public health in a natural drainage area themajor portion of which lies within a county of the first classcontaining all or part of a city having a population of fourhundred fifty thousand or more, or in a county of the first classnot having a charter form of government, or in a county of thesecond, third or fourth class, and which natural drainage areacontains all or portions of several drainage basins, severalmunicipalities or sewer districts, and if a common sewer districtencompassing the entire area would be eligible for federal aidand assistance under the provisions of Title 33, Section 1151 etseq. of the United States Code Annotated, as now or as mayhereafter be amended, the area may be established andincorporated as a common sewer district under sections 204.250 to204.470 in the following manner: The county commission, or incharter counties, the county executive with the concurrence byresolution of the county legislature, of the county within whichthe major portion of the area lies may petition the circuit courthaving jurisdiction over the major portion for the appointment ofcommissioners as herein provided, and to take further action asmay be necessary for the submission to the legal voters residingin the area of the question whether the area shall be organizedand incorporated as a common sewer district under sections204.250 to 204.470.

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

3. Notwithstanding any provisions of law to the contrary,if a sanitary sewage disposal or treatment system is necessaryfor any number of buildings used solely or primarily forresidential or commercial purposes which are situated in suchgeographical proximity and manner to one another that thecreation of a sewage disposal or treatment system is feasible,and such buildings are situated in or are in geographicalproximity to an existing common sewer district formed pursuant tothis chapter, and if sanitary sewage disposal or treatmentservices are not otherwise available for service to suchbuildings, regardless of whether the buildings lie in a naturaldrainage area or natural drainage basin, such area may beestablished as a common sewer subdistrict of an existing commonsewer district formed pursuant to the provisions of this chapterby complying with the procedures set forth in subsections 4 to 7of this section.

4. The circuit court of the circuit proposing to create asewer subdistrict pursuant to subsection 3 of this section may,by order of the court, for good cause shown, submit the questionof creating such subdistrict to all owners of record of all realproperty within such proposed subdistrict at a general or specialelection called for that purpose. Such order shall set forth theproject name for the proposed subdistrict, the general nature ofthe proposed subdistrict, the estimated cost of the sewerimprovements for such subdistrict, the boundaries of the proposedsubdistrict to be assessed for sewer improvements, and theproposed method or methods of assessment. The court maythereafter create a sewer subdistrict of an existing common sewerdistrict formed pursuant to this chapter when the question ofcreating such subdistrict has been approved by the vote of thepercentage of electors within such subdistrict voting thereonthat is equal to the percentage of voter approval required forthe issuance of general obligation bonds of the city or countywherein such subdistrict is located under article VI, section 26of the constitution of this state. The notice of electioncontaining the question of creating a sewer subdistrict shallcontain the project name for the proposed subdistrict, thegeneral nature of the proposed subdistrict, the estimated cost ofthe sewer improvements for such subdistrict, the boundaries ofthe proposed subdistrict to be assessed for sewer improvements,the proposed method or methods of assessment, and a statementthat the final cost of such sewer improvements assessed againstproperty within the subdistrict and the amount of generalobligation bonds issued therefor shall not exceed the estimatedcost of such sewer improvements, as stated in such notice, bymore than twenty-five percent. The ballot upon which thequestion of creating a sewer subdistrict is submitted to thequalified voters residing within the proposed subdistrict shallcontain a question in substantially the following form:

Shall the ........ Circuit Court be authorized to create asewer subdistrict proposed for the ........ (common sewerdistrict name) and authorize the common sewer district to incurindebtedness and issue general obligation bonds to pay for all orpart of the cost of the creation and maintenance of suchsubdistrict, the cost of all indebtedness so incurred to beassessed by the ........ (common sewer district name) on theproperty within the subdistrict?

5. As an alternative to the procedure described insubsection 4 of this section, the circuit court of the circuitmay create such a sewer subdistrict when a proper petition hasbeen signed by the owners of record of at least two-thirds byarea of all real property located within such proposedsubdistrict. The petition, in order to become effective, shallbe filed with the circuit court. A proper petition for thecreation of a sewer subdistrict shall set forth the proposedsubdistrict name, the general nature of the proposed subdistrict,the estimated cost of the sewer improvements for suchsubdistrict, the boundaries of the proposed subdistrict to beassessed for sewer improvements, the proposed method or methodsof assessment, a notice that the names of the signers may not bewithdrawn later than seven days after the petition is filed withthe court, and a notice that the final cost of such assessmentsagainst property within the subdistrict and the amount of generalobligation bonds issued therefor shall not exceed the estimatedcost of sewer improvements, as stated in such petition, by morethan twenty-five percent.

6. Upon receiving the requisite voter approval at anelection or upon the filing of a proper petition with the court,the court may by order determine the advisability of thesubdistrict and may order that the subdistrict be established andthat preliminary plans and specifications for the subdistrict bemade. Such order shall state and make findings as to thesubdistrict name, the nature of the subdistrict, the estimatedcost of the sewer improvements for such subdistrict, theboundaries of the subdistrict to be assessed for sewerimprovements, the proposed method or methods of assessment, andshall also state that the final cost of such assessments againstthe property within the subdistrict and the amount of generalobligation bonds issued therefor shall not, without a newelection or petition, exceed the estimated cost of such sewerimprovements by more than twenty-five percent.

7. The boundaries of the proposed subdistrict shall bedescribed by metes and bounds, streets or other sufficientlyspecific description. The area of the subdistrict finallydetermined 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