242.730. Pumping tax--levy, collection and use--contracts with landowners. - Missouri Statutes

Pumping tax--levy, collection and use--contracts with landowners.

242.730. 1. The board of supervisors shall, in theresolution herein provided for, levy and provide for thecollection of a pumping tax, in the form of a royalty on themineral concentrates produced from the lands affected by suchplan for reclamation, not exceeding, however, two percent of thegross sale value of such mineral concentrates, and a tax orcharge for the crushing and cleaning of ores and minerals by orthrough the concentrating plant or plants operated or to beoperated by the district, such milling tax or charge shall befixed by the board of supervisors at a stated rate per ton ofsuch ores and minerals so crushed and cleaned and, when added tothe proceeds of the aforesaid pumping tax, shall be sufficient toproduce the sum or sums required to pay interest on the bondedindebtedness of the district at any time outstanding, to paymaturing bonds of the district according to the terms and tenorthereof, to pay the operating expenses of the district and toprovide an adequate reserve fund for maintenance, depreciationand contingencies.

2. All funds received by the district for and on account ofthe tax levies or charges herein provided for shall be depositedby the treasurer of the district in some solvent bank or trustcompany and shall at all times be secured by such collateral orotherwise as the board of supervisors may direct, and shall beused for no other purpose than as hereinbefore and hereinafterauthorized.

3. All taxes or charges herein provided for shall constitutea first and a paramount lien on the ores, minerals andconcentrates mined and produced from the lands affected by suchplan for reclamation, and the board of supervisors of any suchdistrict may hold possession of the ores, minerals andconcentrates so produced or crushed and cleaned by or through theconcentrating plant or plants operated by the district until thetaxes and charges herein provided for shall have been paid, orsuch board may sell such ores, minerals and concentrates on theopen market and, after deducting the amount of such taxes orcharges, remit the remainder to the person or persons entitledthereto.

4. To secure the continuous operation of mines within thedistrict, to secure the continuous operation of suchconcentrating plant or plants to the capacity thereof and tosecure the prompt payment of all taxes and charges hereinprovided for, such board of supervisors is authorized to enterinto a contract or contracts with any owner or owners of lands,affected by such plan for reclamation, their lessees or any otherpersons interested therein; such contract or contracts to containsuch provision or provisions, as the board of supervisors mayfind necessary or advisable to effectuate the purposes ofsections 242.700 to 242.750, and to carry out the powers hereinconferred on such board of supervisors.

(RSMo 1939 § 12393)