204.355. Extension of boundaries, procedure--ballot form. - Missouri Statutes

Extension of boundaries, procedure--ballot form.

204.355. 1. Whenever any sewer district shall have beenorganized as provided by sections 204.250 to 204.470, and itshall appear necessary, convenient or advisable to extend theboundaries of such district for the purpose of including thereina contiguous area which could be efficiently served by the sewersystem of the district, or by reasonable modifications,extensions or improvements thereof, the boundaries of thedistrict may be extended as provided in this section, but theextension shall not include any territory within the boundariesof any other sewer district.

2. The trustees of the district may, and shall upon receiptof a petition signed by twenty-five or more persons residingeither within the present boundaries of the district or withinthe area of the proposed addition, file with the circuit courthaving jurisdiction of the district a petition setting forth thereasonableness or necessity for extending the boundaries of thedistrict, the boundary lines of the proposed extension, and aprayer for such further action as may be necessary to determinethe question as to whether the boundaries of the district shouldbe extended.

3. The court shall fix a time at which it will hear thepetition or any objections thereto, and it shall be the duty ofthe clerk of the circuit court to cause a notice to be publishedin a newspaper of general circulation in the county where theproceedings are pending for three consecutive weeks before thecourt date, which notice shall set out the proposed boundaries ofthe extension of the district.

4. If upon the hearing of the petition and objections, thecourt shall find that an extension of the boundaries of thedistrict is necessary or reasonable for the preservation of thepublic health or public welfare, or will be of public utility orbenefit, the court shall find in favor of the petitioners andshall render its decree to that effect. In its decree the courtmay alter or amend the boundaries of the proposed extension asoriginally proposed in the petition. If the court shall findthat such an extension is not necessary or will not be of publichealth or public welfare or will not be of public utility orbenefit and will not be advisable, then it shall find against thepetitioners and shall dismiss the petition.

5. If the court shall find in favor of the petitioners, itshall enter its order directing the appropriate electionauthority to call and hold an election in the original sewerdistrict and the territory proposed to be annexed on the questionof whether the territory should be annexed to the sewer district.The notice shall include a description of the territory to beannexed.

6. The question shall be submitted in the following form:

"Shall the .......... sewer district annex the contiguousarea described in the notice for this election?"

7. The election authority shall certify the results of theelection to the circuit court having jurisdiction of the matter.If a majority of the votes cast on the proposition, in theoriginal sewer district and the territory to be annexed combined,shall be in favor of the annexation, then the court shall rendera decree declaring the boundaries of the district to be extendedand describing the boundaries of the district as extended. If amajority of the votes cast on the proposition, in the originalsewer district and the territory to be annexed combined, shall beagainst the annexation, then the court shall render a decreedeclaring that the proposal to extend the boundaries has failedand that the boundaries of the sewer district shall remainunchanged.

(L. 1983 H.B. 371)