204.650. Citation of law--definitions. - Missouri Statutes

Citation of law--definitions.

204.650. Sections 204.650 to 204.672 shall be known and may be citedas the "Sanitary Sewer Improvement Area Act", and the following words andterms, as used in these sections, mean:

(1) "Acquire", the acquisition of property or interests in propertyby purchase, gift, condemnation, or other lawful means and may include theacquisition of existing property and improvements already owned by thedistrict;

(2) "Assess or assessment", a unit of measure to allocate the cost ofan improvement among property or properties within a sanitary sewerimprovement area based on an equitable method of determining benefits toany such property resulting from an improvement;

(3) "Consultant", engineers, architects, planners, attorneys,financial advisors, accountants, investment bankers, and other personsdeemed competent to advise and assist the governing body of the district inplanning and making improvements;

(4) "Cost", all costs incurred in connection with an improvement,including but not limited to costs incurred for the preparation ofpreliminary reports, preparation of plans and specifications, preparationand publication of notices of hearings, resolutions, ordinances, and otherproceedings, fees, and expenses of consultants, interest accrued onborrowed money during the period of construction, underwriting costs, andother costs incurred in connection with the issuance of bonds or notes,establishment of reasonably required reserve funds for bonds or notes, thecost of land, materials, labor, and other lawful expenses incurred inplanning, acquiring, and doing any improvement, reasonable constructioncontingencies, and work done or services performed by the district in theadministration and supervision of the improvement;

(5) "District or common sewer district", any public sanitary sewerdistrict or reorganized common sewer district established and existingunder this chapter or chapter 249, RSMo, and any metropolitan sewerdistrict organized under the constitution of this state;

(6) "Improve", to construct, reconstruct, maintain, restore, replace,renew, repair, install, equip, extend, or to otherwise perform any workthat will provide a new sanitary sewer facility or enhance, extend, orrestore the value or utility of an existing sanitary sewer facility;

(7) "Improvement", any one or more sanitary sewer facilities orimprovements that confer a benefit on property within a definable area andmay include or consist of a reimprovement of a prior improvement.Improvements include but are not limited to the following activities:

(a) To acquire property or interests in property when necessary ordesirable for any purpose authorized by sections 204.650 to 204.672;

(b) To improve sanitary sewers, wastewater treatment plants, lagoons,septic tanks and systems, and any and all other sanitary sewer andwastewater collection and treatment systems of any type, whether located onimproved or unimproved public or private property, the general object andnature of which will either preserve, maintain, improve, or promote thegeneral public health, safety, and welfare, or the environment, regardlessof technology used;

(8) "Sanitary sewer improvement area", an area of a district withdefined limits and boundaries that is created by petition under sections204.650 to 204.672 and that is benefited by an improvement and subject toassessments against the real property for the cost of the improvement,provided that no such improvement area shall include any real propertywithin the certificated boundaries of any sewer corporation providingservice under a certificate of convenience and necessity granted by thepublic service commission;

(9) "User fee", a fee established and imposed by a district to pay anassessment, in periodic installments, for improvements made in a sanitarysewer improvement area that benefit the property within such area that issubject to the assessment.

(L. 2007 S.B. 22)