204.660. Hearing, procedure--notice to property owners--special assessments. - Missouri Statutes

Hearing, procedure--notice to property owners--special assessments.

204.660. 1. At the hearing to consider the proposed improvements andassessments, the governing body shall hear and pass upon all objections tothe proposed improvements and proposed assessments, if any, and may amendthe proposed improvements, and the plans and specifications, or assessmentsas to any property, and thereupon by resolution, the governing body shallorder that the improvement be made and direct that financing for the costbe obtained as provided in sections 204.650 to 204.672.

2. After the improvement has been completed in accordance with theplans and specifications, the governing body shall compute the final costsof the improvement and apportion the costs among the property benefited bysuch improvement in such equitable manner as the governing body shalldetermine, charging each tract, lot, or parcel of property with itsproportionate share of the costs, and by resolution, assess the final costof the improvement, or the amount of revenue bonds issued or to be issuedto pay for the improvement, as special assessments against the propertydescribed in the assessment roll.

3. After the passage or adoption of the resolution assessing thespecial assessments, the district shall mail to each property owner withinthe district a notice that sets forth a description of each owner's tract,lot, or parcel of real property to be assessed, the assessment assigned tosuch property, and a statement that the property owner may pay suchassessment in full, together with interest accrued from the effective dateof such resolution, on or before a specified date determined by theeffective date of the resolution, or may pay such assessment in the form ofuser fees in periodic installments as provided in subsection 4 of thissection. Notice of each assessment and imposition of the assessment lien,together with a legal description for each property assessed within thearea, shall be filed with the recorder of deeds upon the effective date ofthe resolution. However, failure to record any such notice in a timelymanner shall not affect the validity of the assessments or liens. Thedistrict shall record written notice of release of lien whenever anassessment is paid in full. The cost of recording assessment notices andrelease of liens shall be includable in the assessment.

4. The special assessments shall be assessed upon the property withinthe area. Those not paid in full as provided in subsection 3 of thissection shall be payable in the form of user fees payable in periodic andsubstantially equal installments, as determined by the district, for aduration prescribed by the resolution establishing the special assessments.All assessments shall bear interest at such rate as the governing bodydetermines, not to exceed the rate permitted for bonds by section 108.170,RSMo. Interest on the assessment between the effective date of theresolution assessing the special assessments and the date the firstinstallment of a user fee is payable shall be added to the firstinstallment or prorated among all scheduled installments.

5. Assessments not paid in full shall be collected and paid over tothe district in the form of user fees in the same manner as other districtfees and charges are collected and paid, or by any other reasonable methoddetermined by the district.

(L. 2007 S.B. 22)