Missouri Revised Statutes













Chapter 141

Delinquent Taxes--First Class Counties and St. Louis City

←141.765

Section 141.770.1

141.780→

August 28, 2015

Annual budget--public hearing--administrative costs, how paid--fiscal year--payment of claim by land trust--performance audits permitted, when.

141.770. 1. Each annual budget of the land trust shall be itemized

as to objects and purposes of expenditure, prepared not later than October

first of each year with copies delivered to the appointing authorities of

such land trust under section 141.720, and shall include therein only such

appropriations as shall be deemed necessary to meet the reasonable expenses

of the land trust during the forthcoming fiscal year. That budget shall

not become the required annual budget of the land trust unless and until it

has been approved by the governing bodies of the appointing authorities of

such land trust under section 141.720. If any of the governing bodies of

the appointing authorities of such land trust under section 141.720 fail to

notify the land trust in writing of any objections to the proposed annual

budget on or before November twentieth, then such failure or failures to

object shall be deemed approval. In the event objections have been made

and a budget for the fiscal year beginning January first has not been

approved by the governing bodies of the appointing authorities of such land

trust under section 141.720 on or before January first, then the budget for

the previous fiscal year shall become the approved budget for that fiscal

year. Any unexpended funds from the preceding fiscal year shall be

deducted from the amounts needed to meet the budget requirements of the

forthcoming year.



2. Copies of the budget shall be made available to the public on or

before October tenth, and a public hearing shall be had thereon prior to

October twentieth, in each year. The approved and adopted budget may be

amended by the trustee members only with the approval of the governing

bodies of the appointing authorities of such land trust under section

141.720.



3. If at any time there are not sufficient funds available to pay the

salaries and other expenses of such land trust and of its employees,

incident to the administration of sections 141.210 to 141.810, including

any expenditures authorized by section 141.760, funds sufficient to pay

such expenses shall be advanced and paid to the land trust upon its

requisition therefor, seven percent thereof by the county commission of the

county in which such land trust operates, and the other ninety-three

percent by all of the taxing authorities in such county that are not

appointing authorities for a land bank agency under section 141.981 and all

municipalities and school districts in such county that are appointing

authorities for a land bank agency under section 141.981 and are appointing

authorities for such land trust under section 141.720, in proportion to the

product of their respective tax levy rates and the assessed valuations of

the properties then in the land trust inventory located within their

respective taxing jurisdictions. The land trust shall have power to

requisition such funds in an amount not to exceed twenty-five percent of

the total annual budget of the land trust from such sources for that fiscal

year of the land trust for which there are not sufficient funds otherwise

available to pay the salaries and other expenses of the land trust, but any

amount in excess of twenty-five percent of the total annual budget in any

fiscal year may be requisitioned by and paid to the land trust only if such

additional sums are agreed to and approved by the county and such other

taxing authorities. All moneys so requisitioned shall be paid in a lump

sum within thirty days after such requisition or the commencement of the

fiscal year of the land trust for which such requisition is made, whichever

is later, by the county paying seven percent thereof due from the county

under this section and advancing the remaining ninety-three percent due

from other taxing authorities under this section on behalf of such other

taxing authorities, and such amounts so paid shall be deposited to the

credit of the land trust in some bank or trust company, subject to

withdrawal by warrant as herein provided. Amounts advanced by the county

on behalf of any taxing authority under this section shall be reimbursed to

the county upon demand by the county or by the county withholding such

amounts from distributions of tax moneys to such taxing authority.



4. The fiscal year of the land trust shall commence on January first

of each year. Such land trust shall audit all claims for the expenditure

of money, and shall, acting by the chairman or vice chairman thereof, draw

warrants therefor from time to time.



5. No warrant for the payment of any claim shall be drawn by such

land trust until such claim shall have been approved by the land

commissioner and shall bear the commissioner's certificate that there is a

sufficient unencumbered balance in the proper appropriation and sufficient

unexpended cash available for the payment thereof. For any certification

contrary thereto, such land commissioner shall be liable personally and on

the commissioner's official bond for the amounts so certified, and shall

thereupon be promptly removed from office by the land trustees.



6. In addition to the annual audit provided for in section 141.760,

the land trust may be performance audited at any time by the state auditor

or by the auditor of any home rule city with more than four hundred

thousand inhabitants and located in more than one county that is a member

of the land trust. The cost of such audit shall be paid by the land trust,

and copies shall be made available to the public within thirty days of the

completion of the audit.



(L. 1943 p. 1029 § 42, A.L. 1945 p. 1761, A.L. 1945 p. 1926, A.L. 2002

H.B. 1634, A.L. 2012 H.B. 1659 & 1116)





2002

1991



2002



141.770. 1. Each annual budget of the land trust shall be itemized as to

objects and purposes of expenditure, prepared not later than December tenth

of each year with copies delivered to the county and city that appointed

trustee members, and shall include therein only such appropriations as shall

be deemed necessary to meet the reasonable expenses of the land trust during

the forthcoming fiscal year. That budget shall not become the required

annual budget of the land trust unless and until it has been approved by the

governing bodies of the county or city that appointed trustee members. If

either of the governing bodies of the county and city that appointed trustee

members fail to notify the land trust in writing of any objections to the

proposed annual budget on or before December twentieth, then such failure or

failures to object shall be deemed approval. In the event objections have

been made and a budget for the fiscal year beginning January first has not

been approved by the governing bodies of the county and city on or before

January first, then the budget for the previous fiscal year shall become the

approved budget for that fiscal year. Any unexpended funds from the preceding

fiscal year shall be deducted from the amounts needed to meet the budget

requirements of the forthcoming year.



2. Copies of the budget shall be made available to the public on or

before December tenth, and a public hearing shall be had thereon prior to

December twentieth, in each year. The approved and adopted budget may be

amended by the trustee members only with the approval of the governing bodies

of the county and city that appointed trustee members.



3. If at any time there are not sufficient funds available to pay the

salaries and other expenses of such land trust and of its employees, incident

to the administration of sections 141.210 to 141.810, including any

expenditures authorized by section 141.760, funds sufficient to pay such

expenses shall be advanced and paid to the land trust upon its requisition

therefor, fifty percent thereof by the county commission of such county, and

the other fifty percent by all of the municipalities in such county as

defined in section 141.220, in proportion to their assessed valuations at the

time of their last completed assessment for state and county purposes. The

land trust shall have power to requisition such funds in an amount not to

exceed twenty-five percent of the total annual budget of the land trust from

such sources for that fiscal year of the land trust for which there are not

sufficient funds otherwise available to pay the salaries and other expenses

of the land trust, but any amount in excess of twenty-five percent of the

total annual budget in any fiscal year may be requisitioned by and paid to

the land trust only if such additional sums are agreed to and approved by the

county commission and the respective municipalities in such county so

desiring to make such payment. All moneys so requisitioned shall be paid in

a lump sum within thirty days after such requisition or the commencement of

the fiscal year of the land trust for which such requisition is made,

whichever is later, and shall be deposited to the credit of the land trust in

some bank or trust company, subject to withdrawal by warrant as herein

provided.



4. The fiscal year of the land trust shall commence on January first of

each year. Such land trust shall audit all claims for the expenditure of

money, and shall, acting by the chairman or vice chairman thereof, draw

warrants therefor from time to time.



5. No warrant for the payment of any claim shall be drawn by such land

trust until such claim shall have been approved by the land commissioner and

shall bear the commissioner's certificate that there is a sufficient

unencumbered balance in the proper appropriation and sufficient unexpended

cash available for the payment thereof. For any certification contrary

thereto, such land commissioner shall be liable personally and on the

commissioner's official bond for the amounts so certified, and shall

thereupon be promptly removed from office by the land trustees.



6. In addition to the annual audit provided for in section 141.760, the

land trust may be performance audited at any time by the state auditor or by

the auditor of any home rule city with more than four hundred thousand

inhabitants and located in more than one county that is a member of the land

trust. The cost of such audit shall be paid by the land trust, and copies

shall be made available to the public within thirty days of the completion of

the audit.



1991



141.770. 1. Each annual budget of the land trust shall be

itemized as to objects and purposes of expenditure, prepared not

later than December fifteenth of each year, and shall include

therein only such appropriations as shall be deemed necessary to

meet the reasonable expenses of the land trust during the

forthcoming fiscal year. Any unexpended funds from the preceding

fiscal year shall be deducted from the amounts needed to meet the

budget requirements of the forthcoming year.



2. Copies of the budget shall be made available to the

public on or before December fifteenth, and a public hearing

shall be had thereon prior to December twentieth, in each year.



3. The salaries and other expenses of such land trust and of

its employees, incident to the administration of sections 141.210

to 141.810, including any expenditures authorized by section

141.760, shall be advanced and paid to the land trust upon its

requisition therefor, fifty percent thereof by the county

commission of such county, and the other fifty percent by all of

the municipalities in such county as defined in section 141.220,

in proportion to their assessed valuations at the time of their

last completed assessment for state and county purposes. The

land trust shall have power to requisition not to exceed

twenty-five thousand dollars from such sources for each fiscal

year of the land trust, but any amount in excess of twenty-five

thousand dollars per year may be requisitioned by and paid to the

land trust only if such additional sums are agreed to and

approved by the county commission and the respective

municipalities in such county so desiring to make such payment.

All moneys so requisitioned shall be paid in a lump sum within

thirty days after the commencement of each fiscal year of the

land trust, and shall be deposited to the credit of the land

trust in some bank or trust company, subject to withdrawal by

warrant as herein provided.



4. The fiscal year of the land trust shall commence on

January first of each year. Said land trust shall audit all

claims for the expenditure of money, and shall, acting by the

chairman or vice chairman thereof, draw warrants therefor from

time to time.



5. No warrant for the payment of any claim shall be drawn by

such land trust until such claim shall have been approved by the

land commissioner and shall bear his certificate that there is a

sufficient unencumbered balance in the proper appropriation and

sufficient unexpended cash available for the payment thereof. For

any certification contrary thereto, such land commissioner shall

be liable personally and on his official bond for the amounts so

certified, and shall thereupon be promptly removed from office by

the land trustees.



Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.