245.135. Court to declare corporation dissolved if costs exceed benefits. - Missouri Statutes

Court to declare corporation dissolved if costs exceed benefits.

245.135. If, after determining the objections made to thecommissioners' report, the court shall find that the estimatedcosts of works and improvements as reported by the board ofcommissioners, or as amended by the court, exceed the estimatedbenefits, the court shall then render its decree, declaring theincorporation of the district to be dissolved as soon as allcosts incurred, including all obligations and debts made inbehalf of the district by the board of supervisors and courtcosts shall have been paid, and if the uniform tax levied underthe provisions of section 245.175 be found insufficient to payall such costs the board of supervisors shall make suchadditional uniform tax levies as will be necessary to pay suchdeficiency; provided, that in estimating the cost of constructingthe works and improvements of the district the amount of interestthat might accrue upon bonds that may be issued by the board ofsupervisors under the provisions of sections 245.010 to 245.280shall not be considered as a part of the cost of construction.

(RSMo 1939 § 12529)

Prior revisions: 1929 § 10939; 1919 § 4633

(1959) No appeal lies from an order dissolving a levee district. Certiorari is proper remedy to review the action of the court in dissolving a levee district. In re Tarkio-Squaw Levee Dist. of Holt County (Mo.), 319 S.W.2d 660.

(1959) Amount donated by the federal government in connection with the construction of a levee improvement is not to be included in determining the costs of the work and improvements so as to authorize dissolution if the costs exceed estimated benefits. In re Tarkio-Squaw Levee Dist. of Holt County (Mo.), 319 S.W.2d 660.