Missouri Revised Statutes
Chapter 249
Sewer Districts in Certain Counties
←249.927
Section 249.929.1
249.931→
August 28, 2015
Sewage or storm water facility improvement district, procedure to establish--election, ballot form--governing body to adopt resolution, content.
249.929. 1. To establish a sewage or storm water facility improvement
district, the governing body of any city with a population of three hundred
fifty thousand or more inhabitants which is located in more than one county,
or the governing body of any county of the first classification without a
charter form of government that has a population of at least one hundred sixty
thousand inhabitants, or the governing body of any county of the first
classification without a charter form of government containing a portion of a
city with a population of at least three hundred fifty thousand inhabitants,
or the governing body of any county of the first classification without a
charter form of government as of August 28, 1995, that has a population of
more than one hundred five thousand but less than one hundred twenty thousand
inhabitants, shall comply with the procedures described in subsection 2 of
this section.
2. The governing body of any city with a population of three hundred
fifty thousand or more inhabitants which is located in more than one county,
or the governing body of any county of the first classification without a
charter form of government that has a population of at least one hundred sixty
thousand inhabitants, or the governing body of any county of the first
classification without a charter form of government containing a portion of a
city with a population of at least three hundred fifty thousand inhabitants,
or the governing body of any county of the first classification without a
charter form of government as of August 28, 1995, that has a population of
more than one hundred five thousand but less than one hundred twenty thousand
inhabitants, proposing to create a sewage or storm water facility improvement
district may, by resolution, submit the question of creating such district to
all qualified voters residing within such district at a general or special
election called for that purpose. Such resolution shall set forth the project
name for the proposed sewage or storm water facility improvement, the general
nature of the proposed improvement, the estimated cost of such improvement,
the boundaries of the proposed sewage or storm water facility improvement
district to be assessed, and the proposed method or methods of assessment,
including any provision for the annual assessment of maintenance costs of the
improvement in each year after the bonds issued for the original sewage or
storm water facility improvement are paid in full. The governing body of the
city or county may create a sewage or storm water facility improvement
district when the question of creating such district has been approved by the
vote of the percentage of electors within such district voting thereon that is
equal to the percentage of voter approval required for the issuance of general
obligation bonds of such county under Article VI, Section 26 of the
Constitution of this State. The notice of election containing the question of
creating a sewage or storm water facility improvement district shall contain
the project name for the proposed improvement, the general nature of the
proposed improvement, the estimated cost of such improvement, the boundaries
of the proposed sewage or storm water facility improvement district to be
assessed, the proposed method or methods of assessment, including any
provision for the annual assessment of maintenance costs of the improvement in
each year after the bonds issued for the original improvement are paid in
full, and a statement that the final cost of such improvement assessed against
property within the district and the amount of general obligation bonds issued
therefor shall not exceed the estimated cost of such improvement, as stated in
such notice, by more than twenty-five percent. The question of whether to
create any sewage water facility improvement district or storm water facility
improvement district, the boundaries of which are not identical to any
existing or proposed storm water facility improvement district or any existing
or proposed sewage water facility improvement district, shall be submitted to
the voters as a separate question; however, the question of whether to create
a sewage water facility improvement district and a storm water facility
improvement district, the boundaries of which are identical, may be submitted
as a single question. The ballot upon which the question of creating a sewage
or storm water facility improvement district is submitted to the qualified
voters residing within the proposed district shall contain a question in
substantially the following form: Shall . . . . . . (name of city or county)
be authorized to create a sewage or storm water facility improvement district
proposed for the . . . . . . (project name for the proposed improvement) and
incur indebtedness and issue general obligation bonds to pay for all or part
of the cost of sewage or storm water facility improvements within such
district, the cost of all indebtedness so incurred to be assessed by the
governing body of the . . . . . . . (city or county) on the property
benefitted by such improvements for a period of . . . . . . . years, and, if
included in the resolution, an assessment in each year thereafter with the
proceeds thereof used solely for maintenance of the sewage or storm water
facility improvement?
[ ] YES [ ] NO
3. Upon receiving the requisite voter approval at an election, the
governing body of any city with a population of three hundred fifty thousand
or more inhabitants which is located in more than one county, or the governing
body of a county of the first classification without a charter form of
government that has a population of at least one hundred sixty thousand
inhabitants, or the governing body of any county of the first classification
without a charter form of government containing a portion of a city with a
population of at least three hundred fifty thousand inhabitants, or the
governing body of any county of the first classification without a charter
form of government as of August 28, 1995, that has a population of more than
one hundred five thousand but less than one hundred twenty thousand
inhabitants, may, by resolution, determine the advisability of the improvement
and may order that the sewage or storm water facility improvement district be
established and that preliminary plans and specifications for the improvement
be made. Such resolution shall state and make findings as to the project name
for the proposed improvement, the nature of the improvement, the estimated
cost of such improvement, the boundaries of the sewage or storm water facility
improvement district to be assessed, the proposed method or methods of
assessment, including any provision for the annual assessment of maintenance
costs of the improvement in each year after the bonds issued for the original
improvement are paid in full, and shall also state that the final cost of such
improvement assessed against the property within the sewage or storm water
facility improvement district and the amount of general obligation bonds
issued therefor shall not, without a new election, exceed the estimated cost
of such improvement by more than twenty-five percent.
(L. 1995 H.B. 88 § 11 subsecs. 1 to 3)
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