233.316. Boundary change certain counties, procedure--petition granted by board, when--land included within boundaries to be subject to taxation (Cass and Platte counties)

MISSOURI STATUTES AND CODES

233.316. Boundary change certain counties, procedure--petition granted by board, when--land included within boundaries to be subject to taxation (Cass and Platte counties)

Boundary change certain counties, procedure--petition granted byboard, when--land included within boundaries to be subject to taxation(Cass and Platte counties)

233.316. 1. The boundaries of any special road district inany county with a population of less than one hundred thousandinhabitants which contains all or part of a city with apopulation of three hundred fifty thousand or more inhabitantsmay be changed in the manner prescribed in this section. Achange of boundaries of the special road district shall notimpair or affect its organization or its rights in or toproperty, or any of its rights or privileges; nor shall it affector impair or discharge any contract, obligation, lien or chargefor or upon which it might be liable or chargeable had any changeof boundaries not been made.

2. Fifty percent of the owners of any territory or tract ofland adjacent to the special road district who own not less thanfifty percent of the real estate in such territory or tract ofland may file with the commissioners of the special road districta petition in writing praying that such real property be includedwithin the district. The petition shall describe the property tobe included in the district and shall describe the property ownedby the petitioners and shall be deemed to give assent of thepetitioners to the inclusion in the district of the propertydescribed in the petition.

3. The clerk or secretary of the board of road districtcommissioners shall cause notice of the filing of any petitionfiled pursuant to this section to be given and published in anewspaper of general circulation in the county in which theproperty is located, which notice shall recite the filing of suchpetition, the number of petitioners, a general description of theboundaries of the area proposed to be included and the prayer ofthe petitioners, giving notice to all persons interested toappear at the office of the board at the time named in the noticeand show cause in writing why the petition should not be granted.The board shall at the time and place mentioned, or at such timeor times to which the hearing may be adjourned, proceed to hearthe petition and all objections thereto presented in writing byany person showing cause why the petition should not be granted.The failure of any person interested to show cause in writing whysuch petition shall not be granted shall be deemed as an assenton his part to the inclusion of such lands in the district asprayed for in the petition.

4. If the board deems it in the best interest of thedistrict, it shall grant the petition, but if the boarddetermines that some portion of the property mentioned in thepetition cannot as a practical matter be served by the district,or if it deems it for the best interest of the district that someportion of the property in the petition not be included in thedistrict, then the board shall not grant the petition. If thepetition is granted, the board shall make an order to that effectand file the same with the circuit clerk; however, such ordershall not be final unless and until the governing body of thecounty approves the boundary change.

5. The special road district shall maintain any public roadlocated within the territory or tract of land included within theboundaries of a special road district under this section in thesame manner as it maintains other roads under its jurisdiction,and in addition, such territory or tract of land so included inthe district shall be subject to taxes levied by the district onall property located within the district.