205.376. Nursing homes, county-owned, conveyance to nursing home district--procedure, consideration. - Missouri Statutes

Nursing homes, county-owned, conveyance to nursing homedistrict--procedure, consideration.

205.376. 1. The county commission of any county having anursing home erected under the provisions of section 205.375 mayorder the conveyance of the county nursing home and appurtenantproperty and facilities necessary for the operation thereof toany nursing home district formed under the provisions of law thatis wholly located within the county. If the commissioners of thecounty commission agree to accept the consideration offered bythe nursing home district for the county nursing home property,both real and personal, the commission, by order, shall appointan agent to convey the property. The agent shall not convey theproperty unless:

(1) The instrument of conveyance contains a provisionprohibiting the nursing home district from refusing to admitresidents of the county conveying the property solely on thebasis that they are not residents of the district; and

(2) The instrument of conveyance contains a provision thatthe board of directors of the nursing home district will performall duties imposed by law on the governing body of the countynursing home and all covenants the governing body of the countynursing home made to secure issuance of any bonds outstanding atthe time the nursing home is conveyed. The deed of the agent,under his proper hand and seal, for and in behalf of the county,duly acknowledged and recorded, conveys to the nursing homedistrict all the right, title, interest and estate which thecounty has in property.

2. The consideration to be received by the county forconveyance of the property may consist exclusively of theassumption of any outstanding valid indebtedness against thefacility, or any bond issued for the construction or operationthereof, in the discretion of the county commission.

3. The consideration received by the county for conveyingthe nursing home property to the nursing home district shall beapplied to the payment of any interest and principal of anyoutstanding valid indebtedness of the county incurred forpurchase of the site or construction of the nursing home, or forany repairs, alterations, improvements, or additions thereto, orfor operation of the nursing home. If the consideration receivedby the county for conveying the nursing home property, and anyinterest thereon, is, or will be, insufficient to pay theinterest and principal of any valid outstanding bondedindebtedness as they fall due, the county commission shallcontinue to provide for the collection of an annual tax on alltaxable tangible property in the county sufficient to pay theinterest and principal of the indebtedness as it falls due and toretire the bonds within the time required therein.

4. Any balance of the consideration received by the countyfor conveying the nursing home property which remains after allindebtedness incurred in connection with the nursing home is paidshall be placed to the credit of the general fund of the county.

5. The holder of any revenue bond issued to finance theerection, site acquisition or any repair, alteration, improvementor addition to the county nursing home or for the operation ofthe home prior to its conveyance to the nursing home district, orany coupons representing interest thereon, may, by proper civilaction, compel the board of directors of the nursing homedistrict to perform all duties imposed by law and to enforce theperformance of any other covenants made by the board of directorsof the nursing home district or the governing body of the countynursing home in the issuance of the bonds.

(L. 1978 H.B. 1036 § 2)