260.305. Creation of district, procedures--boundaries, limitations--petition to establish--district a body corporate and politic, when--election.

MISSOURI STATUTES AND CODES

260.305. Creation of district, procedures--boundaries, limitations--petition to establish--district a body corporate and politic, when--election.

Creation of district, procedures--boundaries, limitations--petitionto establish--district a body corporate and politic, when--election.

260.305. 1. A solid waste management district may becreated and incorporated in each solid waste management region asprovided in sections 260.300* to 260.345 and may exercise thepowers granted to it in sections 260.300 to 260.345.

2. When a solid waste management district is organized itshall be a body corporate of the state and shall be known as"............... Solid Waste Management District".

3. A county or two or more counties within a region mayform or join a district as provided herein. The governing bodyof any county, by adoption of an ordinance or order, may join anexisting district or form a district if the county is located ina region which does not have an existing district. The governingbody of any two or more counties within the same region may jointogether to form a district by adoption of an ordinance or order.A city located in more than one county may join a district whichencompasses any one of the counties within which it is located,regardless of whether the remaining counties containing the cityjoin the district.

4. A solid waste management district created and organizedunder authority of sections 260.300 to 260.345 shall become abody corporate and politic of the state at the time the governingbody of the county or counties forming the district has adoptedan order or ordinance to form the district under the provisionsof this section and has provided written notice to the departmentof natural resources of the adoption of such order or ordinance.A county shall become a part of an existing district at the timethe governing body of such county has adopted an order orordinance to join the district and has provided written notice tothe governing body of each county in the existing district andhas provided written notice to the department of naturalresources.

5. If a county governing body does not form or join adistrict, the question of forming or joining a district may besubmitted to the voters of any county on any regular election dayas provided in section 115.123, RSMo. The question may besubmitted or resubmitted to the voters of any county upon thesubmission of a petition signed by a number of voters which is atleast equal to five percent of those voting in the most recentgubernatorial election. The question shall be submitted insubstantially either of the following forms:

Shall ......... (insert county name) become a member of the......... (insert name) solid waste management district?;or if a solid waste management district has not been formedwithin the region:

Shall .......... (insert county name) form the ..........(insert name) solid waste management district?The election authority shall notify the secretary of state as tothe results of the election. The secretary of state shalltransmit the election results to the director of the departmentof natural resources who shall declare districts created withinall counties of each region wherein the question received amajority of the votes cast. The director's declaration shall betransmitted to the governing body of each county within thedistrict.