234.120. Authorizing payment of bonds by special assessment--procedure.
Authorizing payment of bonds by special assessment--procedure.
234.120. 1. If such city shall contain two hundredthousand or more inhabitants and the price for such right-of-wayshall be reasonable, and such city, through its properauthorities shall propose to pay as much as one-half of the costof such right-of-way, and bonds of such county for payment ofthe remainder of such cost would, if issued, increase theindebtedness of such county to exceed the constitutional limit,or if an election shall be held in such county pursuant to thegeneral law governing elections on the issuance of bonds bycounties, and less than the constitutionally required percentageof the voters at such election vote for increase ofindebtedness; or if the owners of a majority of acres of theland in such county and within two miles of such bridge, or theproposed site thereof if not then constructed, shall petitionthe county commission of such county, praying that bonds payableby special assessments be issued to provide funds for use inpurchasing such right-of-way and paying any and all expensespreliminary to and incidental to issuance and sale of suchbonds; the county commission, if it finds that such petition wassigned by owners of a majority of the land in the county andwithin two miles of such bridge or such proposed site, whichfinding shall thereafter be conclusive evidence of such fact,shall appoint three commissioners, each of whom shall be aresident of and an owner of land in the county. If anycommissioner so appointed shall fail or refuse to qualify assuch commissioner, or to properly perform his duties as such,the county commission shall appoint another.
2. Such commissioners shall qualify within ten days afterbeing appointed, by taking, subscribing and filing with thecounty clerk of the county the oath prescribed by theconstitution, and that they will faithfully, honestly andimpartially discharge their duties as such commissionersaccording to law.
3. After so qualifying, such commissioners shall prepare,or cause to be prepared, a map of territory embracing all landsin this state and on the side of the stream adjoined by thecounty and within ten miles of the location or proposed locationof such bridge and the commissioners shall prepare, or cause tobe prepared, a list of all the lands, and shall fix a fair andimpartial valuation on each tract of such lands independent ofthe buildings thereon, and indicate on such list the valuationso fixed upon each tract of such land, and what tracts liewithin two miles of the location or proposed location of suchbridge and what at a greater distance than two miles and notmore than four miles, and what more than four miles and not overseven miles, and what over seven miles and within ten milesthereof. Each tract of land of forty acres, according to agovernment survey, and each of the smallest subdivisions of landthat has been lawfully platted and each separate tract of lessthan forty acres shall, for the purpose of this section, beregarded as within two miles of such location or proposedlocation if the major portion thereof is so, and more than twomiles and not over four miles from such location or proposedlocation if the major portion thereof is so, and more than fourmiles and not over seven miles if the major portion thereof isso, and over seven miles and within ten miles therefrom if themajor portion thereof is so. If such lands lie in two or morecounties, the commissioners shall indicate in such list whatlands lie in each of the counties.
4. The word "lands", as used in this section, shall beconstrued as meaning both lands and lots, and without regard towhether they are within any incorporated city, town or village.
5. If the commissioners cannot agree upon the valuation tobe fixed upon any tract of such lands, they shall arrive at thevalue thereof by adding together the valuation placed thereonindependent of the buildings thereon by each of them, anddividing the total thereof by three. The commissioners, uponcompletion of such list of lands shall annex a certificatethereto that they believe the same to be correct; and they shallfile such a list of lands, with such certificate annexedthereto, with the county clerk of the county in which they wereappointed, who shall thereupon give notice, in each countyincluding any of such lands, by at least two publications in aweekly newspaper published therein, that the commissioners haveso filed the list of lands, and setting forth therein theboundaries embracing all of such lands, and stating therein thatall lands within such boundaries shall be subject to assessmentto pay special assessment bonds, and such notice shall state aday not less than two weeks later than the date of the first publicationof such notice, upon which the county commission will be in session andwill consider objections and exceptions to such list of landsand the valuation therein indicated. Such notice shall statethat all persons owning or interested in land within theboundaries may file written objections and exceptions to thelist of lands and valuations, with the county clerk, at any timeprevious to such day, and be heard thereon on such day.
6. Should such county commission fail for any cause to bein session on the day stated in such notice, the county clerkshall give a new notice appointing some other day forconsideration of such objections and exceptions. Suchobjections and exceptions shall be in writing and signed by orfor the party offering the same, and shall describe the landowned or in which the party offering the same is interested, andshall specifically state the objections of such party to thelist of lands or to valuations therein indicated, and shall befiled with the county clerk before the day stated in such noticefor the consideration thereof. The county commission on suchday, or as soon thereafter as the business of the countycommission will permit, shall consider the list, and theobjections and exceptions thereto that may be so filed, and hearany evidence offered in support thereof or contrary thereto.Such hearing may be continued from time to time as the ends ofjustice may require. After consideration of all such objectionsand exceptions, if any, and hearing such evidence as may be sooffered, the county commission shall make any alterations andcorrections of such list of lands, and of the valuation fixed bysaid commissioners of any of the lands, or fix such valuation onthe lands as it may deem proper, and shall thereupon approvesuch list of lands, and order the clerk of the county commissionto annex to the list of lands a certificate of such approval;and the county commission shall make an order stating andallowing reasonable compensation for the commissioners, and theexpense incurred by them, including engineer and attorney fees,in preparing or causing to be prepared the map and list oflands, which compensation shall not exceed five dollars per dayfor each commissioner, and the county commission shallthereafter enter into a contract, or cause a contract to beentered into in conjunction with such city, for the purchase ofsuch right-of-way and for the payment of the portion of thepurchase price payable by the county, with such bonds, or out offunds to be derived from the sale of such bonds, and by suchmeans only; and such commission shall thereafter issue suchbonds for the amount payable by the county of such purchaseprice, plus the amount of such compensation and expense, and anyand all expenses incidental to the issuance and sale of suchbonds, and such additional amount as will cover the discount atwhich such bonds may be sold and pay interest on such bondsuntil the first assessment to pay such bonds shall becomepayable.
7. Such bonds shall be issued in denominations of not lessthan one hundred dollars each, and bear interest from their dateat a rate not exceeding the rate per annum permitted by law,payable on the first days of April and October after such dateuntil all of the bonds shall be paid. The principal shallbecome due and payable in installments, which need not be equal,and shall be such that the first thereof shall become payable onthe first interest-paying day after the first of such specialassessments shall become payable and one each year thereafter,but so as all installments shall become payable within twentyyears and the last thereof not less than eighteen years afterthe date of the bonds. Both principal and interest shall bepayable at some convenient banking house or trust company'soffice to be named in the bonds.
8. The bonds shall be signed by the presiding commissionerof the county commission and attested by the county clerk, andthe clerk shall register them in a suitable book for thatpurpose. After being so registered, they shall be presented tothe state auditor for registration, who shall register them asbonds mentioned in section 108.260, RSMo, are required by law tobe registered, and the provisions of such law as amended shallbe applicable to special assessment bonds issued pursuant tothis law the same as to bonds mentioned in such law as amended.Such bonds, after being so registered by the state auditor,shall be deposited with the treasurer of the county, in whosecustody they shall remain until disposed of as authorized bythis section.
9. The county commission may sell the bonds, or any ofthem, at public or at private sale, for not less thanninety-five percent of their face value or may use such bonds, or anyportion of them, at not less than ninety-five percent of their facevalue in paying for such right-of-way. Such bonds, and theinterest thereon, shall be payable and collectible only out ofmoneys derived from special assessments against the lands andfrom money derived from the sale of such bonds and interest thatmay accrue on funds so derived while on deposit with anydepositary.
10. The county commission, either before or after issuanceof such bonds, may have an adjudication of their validity, bythe circuit court of the county, by filing a petition thereforwith the circuit clerk of the county, setting forth therein theboundaries embracing all of the lands and stating what countiesinclude such lands. The circuit clerk, when such petition shallhave been so filed, shall cause notice to be published in foursuccessive issues of a weekly newspaper, in each of thecounties, stating therein such boundaries, and that all personsowning or interested in lands within such boundaries are therebysummoned to appear before the circuit court on the first day ofthe term thereof in such notice named and show any reason theremay be why such bonds should not be adjudged valid or cannot bepaid by special assessments against the lands. The notice shallalso state the term of the circuit court, which shall be thefirst term fifteen or more days after the last publication ofsuch notice, at which such parties are required to appear, andthe first day thereof. The circuit court shall consider any andall reasons that may be submitted on or before the first day ofthe term why such bonds should not be adjudged valid or cannotbe paid by special assessments against the lands and anyevidence offered in support thereof or against the same; andunless the contrary shall be shown and proven to thesatisfaction of the court, shall adjudge the bonds valid, andthat the lands shall be subject to special assessments to paysame.
11. After issuance of such bonds, the county clerk of thecounty issuing them shall prepare a list of such lands and ofthe valuations thereof for special assessment purposes andtherein give to all lands within two miles of the location orproposed location of such bridge the valuations indicated by thelist approved by the county commission, and to lands a greaterdistance than two miles and not more than four miles from suchlocation or proposed location, seventy-five percent of thevaluations so indicated therefor, and lands more than four milesand not over seven miles, fifty percent of the valuations soindicated, and lands over seven miles from and within ten milesof such location or proposed location, twenty-five percent ofthe valuations thereof so indicated.
12. If the list includes land in more than one county, thecounty clerk shall prepare for and supply the county clerk ofeach other county embracing any of the land a list of such landsas are in the county of each and the valuations thereof as sogiven in the list so prepared for special assessment purposes,and shall certify to each of them as special assessments areordered the rate at which the lands are assessed and are to becharged in the tax books to be prepared.
13. The county commission shall each year order a specialassessment against the lands of such percent of the valuationsthereof as so given in such list for special assessment purposesas shall suffice to pay such of the bonds, and such interest asshall become payable before the next assessment thereafter shallbecome payable. The county clerk of each county embracing anyof such lands shall charge such assessments on his tax booksagainst the lands subject thereto, and when so charged suchassessments shall constitute a lien upon the lands chargedtherewith for the amount thereof and all interest and penaltiesthat may accrue thereon and all cost in collecting the same,including attorney fees to be taxed as cost in the action toenforce payment, which lien shall be paramount to all otherliens except of the state for state, county, school and roadtaxes, and such assessments shall become due and payable and besubject to penalties and interest at the same rate when indefault as such taxes; and suits to foreclose the lien of suchassessment may be instituted and enforced in the same manner asfor such taxes; and county collectors shall receive and receiptfor such assessments as are charged on their tax books, andinterest and penalties thereon, the same as for taxes socharged.
14. In suits to enforce the lien of any such assessments,bills thereof issued by the county shall be prima facie evidenceof the amounts of the assessments, and that they are valid liensagainst the lands charged therewith as indicated by such bills.The county treasurer of any county issuing such bonds shall bethe custodian of funds derived therefrom, and from such specialassessments, and shall be liable on his official bond therefor,and county collectors collecting any such assessments shall paythem to him. He shall deposit such funds in the countydepositary and interest accruing thereon when so deposited shallbe for the same use as funds derived from assessments, and heshall disburse all such funds as contemplated by this law.
(RSMo 1939 § 8555, A.L. 1945 p. 1481, A. 1949 S.B. 1079, A.L. 1990 H.B. 1621)Prior revisions: 1929 § 7911; 1919 § 10699