233.155. Extension of special district boundaries--procedure--special road district exemption. - Missouri Statutes

Extension of special district boundaries--procedure--special roaddistrict exemption.

233.155. 1. Whenever the inhabitants of any special road districtalready formed under sections 233.010 to 233.165 shall desire to extend theboundaries of such district to take in territory not included in theoriginal district, and shall present a petition to the county commission ofthe county in which such district is located, or if the proposed districtis to include portions of more than one county, then to the countycommissions of each of such counties, signed by not less than thirty-fivevoters in the old district and not less than the lesser of thirty-fivevoters or fifty percent of the voters in the territory proposed to be takeninto said district, asking the county commission or commissions of suchcounty or counties to submit the proposition of the proposed extension ofsuch road district to a vote of the people of such proposed district fortheir adoption or rejection, the county commission of such county, or ifthe proposed district shall include parts of more than one county, thecounty commissions of all such counties, shall each make an order of recordthat the proposed extension of said road district under the provisions ofthis section, describing the same by its title and the date of itsapproval, and describing the boundaries of the district as proposed to beextended, be submitted to the voters of such proposed road district.

2. The question shall be submitted in substantially the followingform:

Shall the special road district be extended?

3. If the territory of more than one county be included in saidspecial road district, the county commission of each county in saiddistrict shall, as soon as the returns are in from said election, cause acertificate to be made out stating the number of votes cast for and againstsaid proposition in said county, and cause such certificate to be filedwith the county clerk of the county commission of every other county whichshall form a part of said special road district. If it shall appear fromthe returns of said county and from said certificate that a majority of thevotes cast upon the proposition in the whole proposed district be in favorof the extension of said road district, the county commission or countycommissions in said proposed district shall declare the result of the votethereon in said proposed district by an order of record, and shall make anorder of record that the above specified road district laws shall extend toand be the law in such special road district, including the extensionthereof, setting out the boundaries of said district as extended, the sameto take effect and be in force from and after a day to be named in suchorder, said day to be not more than twenty days after said election.

4. If any territory added to any such original district be in anycounty outside of the county of such original district, each county outsideof such original district may appoint one road commissioner to act with thecommissioners appointed in the county of the original district. Suchcommissioners so appointed outside of the county of the original districtshall serve for a term of three years from the date of such appointment.Such commissioners shall be voters of such added territory in such countyof their appointment. Except as herein provided, such commissioners shallbe governed by sections 233.010 to 233.165. No change shall be made in thenumber of commissioners appointed by the county of the original district orin the manner of their appointment. In any special road district locatedin two counties with an additional fourth commissioner appointed by thecounty outside of the original district as provided in this subsection, afifth commissioner may be appointed by the same county that appointed thefourth commissioner. Except as herein provided, a fifth commissioner shallbe governed by sections 233.010 to 233.165, shall serve for a term of threeyears from the date of the appointment and until the fifth commissioner'ssuccessor shall be appointed and qualified, and shall be a voter of thecounty of appointment.

5. If a majority of the votes of the proposed district, as extended,be cast in favor of such extension, then the territory of such district, asextended, shall be governed by sections 233.010 to 233.165. But if suchextension proposition shall not receive a majority of the votes of saiddistrict, as extended, then said special road district shall remain as itwas before said petition was filed. Any special road district extendedunder the provisions of this section may be extended so that after suchextension it shall not be more than seventeen miles square. The seventeenmile-square restriction shall not apply to any special road districtextended within a county of the fourth classification.

(RSMo 1939 § 8708, A.L. 1959 H.B. 445, A.L. 1978 H.B. 971, A.L. 2008 S.B. 896 merged with S.B. 930 & 947)

Prior revisions: 1929 § 8059; 1919 § 10832; 1909 § 10610