245.320. Change of organization to be submitted to an election.
Change of organization to be submitted to an election.
245.320. 1. Any such levee district now existing but notorganized under sections 245.285 to 245.545 may become organizedunder sections 245.285 to 245.545, and when so organizedhereunder, shall be entitled to the benefit of all of theprovisions of sections 245.285 to 245.545 in the followingmanner: Upon the presentation of a petition of not less than tenresident landowners whose lands are taxed in such districtproposing to reorganize, or if such district shall be composed oflands lying in more than one county, then upon the presentationof a petition of ten such resident taxed landowners, from each ofthe counties in which the lands in such district are situate, tothe board of directors, supervisors or managers of such district(by whatever name they may be known) requesting the submission toan election of the question of a change of organization, suchboard of directors shall enter upon the record of the districtproposing to change its organization, the fact of thepresentation of the petition, the object thereof, and the namesand residences of the petitioners requesting that such electionbe held; such board of directors, if a majority thereof are infavor of such change, shall make an order that the question ofsuch proposed change shall be submitted to a vote of thelandowners.
2. A certified copy of the record of the board of directors,together with a true certified copy of the petition of thelandowners, shall be presented to the county commission of thecounty in which such district is situated, at some regular termthereof, or to each of the county commissions of the countiescomposing such district, if there be more than one countytherein. Upon the receipt of the record at any regular term thecounty commission, or commissions, shall make an order that anelection be held in the district, or in each county in thedistrict, if there be more than one county, for the purpose ofvoting upon the question of the proposed change. This electionshall be held not more than sixty days after the same shall beordered. No one shall be a qualified voter at such electionunless his or her name shall appear as an assessed landowner uponthe current tax books of the district. Each such landowner shallbe entitled to cast as many votes as he or she shall have acresof land assessed for taxation in the district as shown by thesaid tax books of the district. Voters may vote in person or byproxy; provided, that all proxies shall be in writing andacknowledged as deeds of conveyance are required to beacknowledged. The election shall be held at the county seat ofthe county or counties composing the district, but the same neednot be held on the same day in each county, if there be more thanone.
3. Four judges and two clerks of election shall be appointedfor each county in the district by the board of directors of thedistrict seeking the change of organization, by and with theconsent of the county commission. Notice of said election shallbe given by publication in some newspaper published in the countyin which the election is held for at least four insertions priorto the holding of the same. The judges and clerks of electionshall be sworn in the manner now required by law for the holdingof municipal elections. The judges and clerks of election shallcertify to the county commission of the county wherein suchelection was held the result thereof, which certificates shallshow the votes for and against the proposed change oforganization.
(RSMo 1939 § 12600)Prior revisions: 1929 § 11010; 1919 § 4702