278.280. Projects, how financed--special assessment appraisers, duties, compensation--assessment resolution, hearings--election--bonds--special levy. - Missouri Statutes

Projects, how financed--special assessment appraisers, duties,compensation--assessment resolution,hearings--election--bonds--special levy.

278.280. 1. When a plan of work is approved the * trustees of thewatershed district, pursuant to section 278.240, shall then by resolutionpropose that the cost of all works of improvement contemplated in the planbe paid either by a general levy against all real estate in the watersheddistrict, subject to the limitations of section 278.250, or that such costbe paid by special assessment against lands within the watershed districtto be benefited by the installation of the proposed works of improvement,or that such cost be paid by both such general levy and special assessmentstating the portion to be paid by each method.

2. If the resolution of financing provides that all or any part ofthe cost of the works of improvement is to be paid by special assessment ofbenefits the trustees of the watershed district, pursuant to section278.240, shall appoint three appraisers, who shall be residents of thestate of Missouri, and who shall not be landowners in such watersheddistrict, who shall recommend apportionment of the special assessment tothe tracts of land which will receive benefits from the installation of theworks of improvement proposed in the plan of work. The appraisers shallhave access to all available engineering reports and data pertaining to theworks contemplated and may request additional legal counsel or engineeringdata from a registered professional engineer as found necessary to carryout their duties.

3. The appraisers shall proceed to view the premises and determinethe value of all land or other property within or without the watersheddistrict, to be acquired and used for rights-of-way or other works set outin the plan of work; they shall assess the amount of benefits, and theamount of damage if any, that will accrue to each governmental lot,forty-acre tract or other subdivision of land according to ownership,railroad and other rights-of-way, railroad roadways, and other propertyfrom carrying out and putting into effect the plan of work heretoforeadopted, and shall make written reports of their findings to the trusteesof the watershed district. Each appraiser so appointed shall be paid forhis or her services and necessary expenses.

4. Upon receiving the report from the appraisers, the trustees of thewatershed district, pursuant to section 278.240, shall prepare a resolutionwhich shall contain a list of the tracts of land found to be benefited andthe amount of assessment to be levied against each such tract, except thatno such assessment against any tract of land shall exceed the estimatedbenefits to such land by such project. Such tracts of land shall belegally described and the names of the owners thereof shall be set forthbeside the description of each tract so listed. After adopting suchresolution the trustees of the watershed district, pursuant to section278.240, shall fix a time and place for hearing any complaint that may bemade as to the benefit to any tract of land appraised, notice of whichhearing shall be given by the secretary by publication pursuant to section278.190. The board of** trustees at the hearing may alter the benefits toany tract if, in its judgment, the same has been appraised too high or toolow. The hearing shall be conducted in the manner set forth in section278.200. The trustees of the watershed district, pursuant to section278.240, shall immediately after the hearing pass a resolution fixing thebenefit assessment as to each tract of land.

5. After the resolution fixing the benefit assessment has beenadopted the trustees of the watershed district, pursuant to section278.240, shall submit the proposal for collection of such assessed benefitsto the owners of the lands so assessed for approval and if bonds are to beissued the amount of the issue so proposed, the rate of interest, and theamount of any necessary tax levy in excess of the amount authorized insection 278.250. If two-thirds of the owners of such lands voting favorthe proposal as submitted, it shall be adopted. The provisions of sections278.190 to 278.210 as to notice and procedure shall apply to the referendumheld pursuant to this section.

6. The trustees of the watershed district, pursuant to section278.240, shall make the necessary general levy against all real estate inthe watershed district and the special assessment against lands within thewatershed district to be benefited by the improvement and shall certify therate of levy and the amount of the special assessment to the countycommission of the county or counties in which the watershed district islocated with directions that at the time and in the same manner required bylaw for the levy of taxes for county purposes the county commission shalllevy a tax at the rate so fixed and determined upon the assessed valuationof all real estate within the watershed district and shall levy the amountof the special assessment, in addition to such other taxes as are levied bythe county commission.

7. The bond issue, authorized by this section in whole or part, maybe offered for sale to the United States Department of Agriculture's RuralDevelopment or other federal agency without public offering or the securingof competitive bids on such bond offering.

(L. 1967 p. 376, A.L. 1972 H.B. 920, A.L. 1977 H.B. 457, A.L. 1990 H.B. 1070, A.L. 2001 S.B. 462)

*Word "the" appears in original rolls.

**Word "or" appears in original rolls.