204.604. Petition requirements. - Missouri Statutes

Petition requirements.

204.604. 1. Any existing common sewer district organized andexisting under sections 204.250 to 204.270, and any sewer districtorganized and existing under chapter 249, RSMo, may establish itself as areorganized common sewer district under sections 204.600 to 204.640 byfirst filing a petition with the county commission of the county orcounties in which it was established to approve its reorganization undersections 204.600 to 204.640 if the governing body of the district has byresolution determined that it is in the best interest of the district toreorganize under sections 204.600 to 204.640. The petition shall be ruledon by that county commission, or each county commission if the districtexists in more than one county, within thirty days from the date of hearingthe petition. If the petition for the reorganized district is rejected bythe county commission or any county commissions in districts existing inmore than one county, no further action on the reorganized district shalltake place before the county commission or commissions comprising thedistrict or the circuit having jurisdiction over the district court. Ifapproved by the county commission, or each county commission if thedistrict exists in more than one county, such petition shall specifywhether the board of trustees shall be appointed by the governing body ofthe county or elected by the voters of the district. Such petition shallbe accompanied by a cash deposit of fifty dollars as an advancement of thecosts of the proceeding, and the petition shall be signed by the trusteesof the district and shall request the conversion of the district into areorganized common sewer district.

2. Upon filing, the petition shall be presented to the circuit court,and such court shall fix a date for a hearing on the petition. The clerkof the court shall give notice of the filing of the petition in somenewspaper of general circulation within the existing district or closest tothe existing district if there is no newspaper of general circulationwithin the existing district. If the existing district extends into anyother county, such notice also shall be published in some newspaper ofgeneral circulation in such other county. The notice shall contain adescription of the boundary lines of the existing district and the generalpurposes of the petition. The notice shall set forth the date fixed forthe hearing on the petition, which shall not be less than fifteen nor morethan twenty-one days after the date of the last publication of the noticeand shall be on some regular judicial day of the court where the petitionis pending. Such notice shall be signed by the clerk of the circuit courtand shall be published in a newspaper of general circulation.

3. The court, for good cause shown, may continue the case or thehearing from time to time until final disposition.

4. Exceptions to the conversion of an existing district to areorganized common sewer district may be made by any voter or propertyowner within the proposed district, provided that such exceptions are filednot less than five days prior to the date set for the hearing on thepetition. Such exceptions shall specify the grounds upon which theexceptions are being made. If any such exceptions are filed, the courtshall take them into consideration and shall consider the evidence insupport of the petition and in support of the exceptions made. Should thecourt find that it would not be in the public interest to form such adistrict, the petition shall be dismissed at the cost of the petitioners.If the court finds that the conversion of the district to a reorganizedcommon sewer district under sections 204.600 to 204.640 is in the bestinterests of the persons served by the existing district, then the courtshall order the district's decree of incorporation amended to permitreorganization under sections 204.600 to 204.640. The existing board oftrustees for such district shall continue to serve the reorganized commonsewer district until such time as new trustees shall be appointed orelected as provided for in the court's decree. If their original terms ofoffice are not so designated, the court shall designate such trustees tostaggered terms from one to five years, so that one trustee is appointed orelected each year. The trustees appointed by the court shall serve for theterms designated and until their successors are appointed or elected asprovided in section 204.610. The decree shall further designate the nameof the district by which it officially shall be known.

(L. 2007 S.B. 22)