249.1150. District authorized, opt out procedure, powers--resolution may be adopted by county commission for service by district--board of trustees, members, terms--maintenance plan required, when--pr
District authorized, opt out procedure, powers--resolution may beadopted by county commission for service by district--board oftrustees, members, terms--maintenance plan required, when--propertytax levy, ballot form--termination of tax, procedure (Barry,Christian, Douglas, Greene, Ozark, Stone, Taney, Webster, andWright counties).
249.1150. 1. There is hereby created within any county of the thirdclassification without a township form of government and with more thanthirty-four thousand but less than thirty-four thousand one hundredinhabitants, any county of the second classification without a townshipform of government and with more than fifty-four thousand two hundred butless than fifty-four thousand three hundred inhabitants, any county of thethird classification without a township form of government and with morethan thirteen thousand seventy-five but less than thirteen thousand onehundred seventy-five inhabitants, any county of the first classificationwith more than two hundred forty thousand three hundred but less than twohundred forty thousand four hundred inhabitants, any county of the thirdclassification without a township form of government and with more thannine thousand four hundred fifty but less than nine thousand five hundredfifty inhabitants, any county of the third classification without atownship form of government and with more than twenty-eight thousand sixhundred but less than twenty-eight thousand seven hundred inhabitants, anycounty of the first classification with more than thirty-nine thousandseven hundred but less than thirty-nine thousand eight hundred inhabitants,any county of the third classification without a township form ofgovernment and with more than thirty-one thousand but less than thirty-onethousand one hundred inhabitants, and any county of the thirdclassification without a township form of government and with more thanseventeen thousand nine hundred but less than eighteen thousandinhabitants, the "Upper White River Basin Watershed Improvement District".The watershed improvement district is authorized to own, install, operate,and maintain decentralized or individual on-site wastewater treatmentplants. The watershed improvement district created under this sectionshall be a body corporate and a political subdivision of the state ofMissouri, shall be capable of suing and being sued in contract in itscorporate name, and shall be capable of holding such real and personalproperty necessary for corporate purposes. The district shall implementprocedures to regulate the area within the district and to educate propertyowners within the district about the requirements imposed by the district.
2. Any county included in the Upper White River Basin watershedimprovement district, as established in subsection 1 of this section, maychoose to opt out of the district in one of two ways:
(1) Upon the filing of a petition signed by at least twenty percentof the property owners residing within the county, a proposal is submittedto the qualified voters within the district boundaries. The ballot ofsubmission shall be in substantially the following form:
Shall the county of ......... opt out of the Upper White River BasinWatershed Improvement District?
â ã YES â ã NO
If you are in favor of the question, place an "X" in the box opposite"YES". If you are opposed to the question, place an "X" in the boxopposite "NO".
If a simple majority of the votes cast in the county favors the proposal toopt out of district, then the county shall no longer be included in theUpper White River Basin watershed improvement district, and shall cease allimposition, collection, and assessment of any taxes associated with thatdistrict, beginning on the first day of the first month following theelection. If a simple majority of the votes cast in the county opposes theproposal to opt out of the district, then the county shall remain a part ofthe Upper White River Basin watershed improvement district. However, if aproposal to opt out of the district is not approved, the governing body ofthe county shall not resubmit a proposal to the voters under this sectionsooner than twelve months from the date of the last proposal submittedunder this section; or
(2) Upon the issuance of an order by the county commission, aproposal is submitted to the qualified voters within the districtboundaries to opt out of the Upper White River Basin watershed improvementdistrict. The ballot of submission shall be in substantially the followingform:
Shall the county of ......... opt out of the Upper White River BasinWatershed Improvement District?
â ã YES â ã NO
If you are in favor of the question, place an "X" in the box opposite"YES". If you are opposed to the question, place an "X" in the boxopposite "NO".
If a simple majority of the votes cast in the county favors the proposal toopt out of the Upper White River Basin watershed improvement district, thenthe county shall no longer be included in the Upper White River Basinwatershed improvement district, and shall cease all imposition, collection,and assessment of any taxes associated with that district, beginning on thefirst day of the first month following the election. If a simple majorityof the votes cast in the county opposes the proposal to opt out of theUpper White River Basin watershed improvement district, then the countyshall remain a part of the Upper White River Basin watershed improvementdistrict. However, if a proposal to opt out of the Upper White River Basinwatershed improvement district is not approved, the governing body of thecounty shall not resubmit a proposal to the voters under this sectionsooner than twelve months from the date of the last proposal submittedunder this section.
3. Any county who has successfully chosen to opt out of the UpperWhite River Basin watershed improvement district under the provisions ofsubsection 2 of this section shall be allowed to rejoin the district at anytime, provided the county submits the proposal to rejoin the district inone of two ways:
(1) Upon the filing of a petition signed by at least twenty percentof the property owners residing within the county, a proposal is submittedto the qualified voters within the county. The ballot of submission shallbe in substantially the following form:
Shall the county of ......... rejoin the Upper White River BasinWatershed Improvement District?
â ã YES â ã NO
If you are in favor of the question, place an "X" in the box opposite"YES". If you are opposed to the question, place an "X" in the boxopposite "NO".
If a simple majority of the votes cast in the county favors the proposal torejoin the Upper White River Basin watershed improvement district, then thecounty shall rejoin the district. If a simple majority of the votes castin the county opposes the proposal to rejoin the district, then the countyshall remain outside the Upper White River Basin watershed improvementdistrict. However, if a proposal to rejoin the Upper White River Basinwatershed improvement district is not approved, the governing body of thecounty shall not resubmit a proposal to the voters under this sectionsooner than twelve months from the date of the last proposal submittedunder this section; or
(2) Upon the issuance of an order by the county commission, aproposal is submitted to the qualified voters within the districtboundaries to rejoin the Upper White River Basin watershed improvementdistrict. The ballot of submission shall be in substantially the followingform:
Shall the county of ......... rejoin the Upper White River BasinWatershed Improvement District?
â ã YES â ã NO
If you are in favor of the question, place an "X" in the box opposite"YES". If you are opposed to the question, place an "X" in the boxopposite "NO".
If a simple majority of the votes cast in the county favors the proposal torejoin the Upper White River Basin watershed improvement district, then thecounty shall rejoin the Upper White River Basin watershed improvementdistrict. If a simple majority of the votes cast in the county opposes theproposal to rejoin the Upper White River Basin watershed improvementdistrict, then the county shall remain outside the Upper White River Basinwatershed improvement district. However, if a proposal to rejoin the UpperWhite River Basin watershed improvement district is not approved, thegoverning body of the county shall not resubmit a proposal to the votersunder this section sooner than twelve months from the date of the lastproposal submitted under this section.
4. The watershed improvement district created under this sectionshall have the power to borrow money and incur indebtedness and evidencethe same by certificates, notes, or debentures, to issue bonds and use anyone or more lawful funding methods the district may obtain for its purposesat such rates of interest as the district may determine. Any bonds, notes,and other obligations issued or delivered by the district may be secured bymortgage, pledge, or deed of trust of any or all of the property within thedistrict. Every issue of such bonds, notes, or other obligations shall bepayable out of property and revenues of the district and may be furthersecured by other property within the district, which may be pledged,assigned, mortgaged, or a security interest granted for such payment,without preference or priority of the first bonds issued, subject to anyagreement with the holders of any other bonds pledging any specifiedproperty or revenues. Such bonds, notes, or other obligations shall beauthorized by resolution of the district board, and shall bear such date ordates, and shall mature at such time or times, but not in excess of thirtyyears, as the resolution shall specify. Such bonds, notes, or otherobligations shall be in such denomination, bear interest at such rate orrates, be in such form, either coupon or registered, be issued as currentinterest bonds, compound interest bonds, variable rate bonds, convertiblebonds, or zero coupon bonds, be issued in such manner, be payable in suchplace or places, and be subject to redemption as such resolution mayprovide, notwithstanding section 108.170, RSMo. The bonds, notes, or otherobligations may be sold at either public or private sale, at such interestrates, and at such price or prices as the district shall determine.
5. The county commission of any county located within the watershedimprovement district may authorize individual properties to be served bythe district by adoption of a resolution or upon the filing of a petitionsigned by at least twenty percent of the property owners of the proposedarea. The resolution or petition shall describe generally the size andlocation of the proposed area.
6. In the event that any property within the watershed improvementdistrict proposed under this section lies within or is serviced by anyexisting sewer district formed under this chapter, chapter 204, or chapter250, RSMo, the property shall not become part of the watershed improvementdistrict formed under this section unless the existing sewer districtagrees to refrain from providing service or to discontinue service to theproperty. No property shall become part of the watershed district untilthe owner of that property has paid in full all outstanding costs owed toan existing sewer district formed under this chapter, chapter 204, orchapter 250, RSMo.
7. Upon the creation of the watershed improvement district asauthorized by this section, a board of trustees for the district consistingof nine members shall be appointed. The governing body of each countyshall appoint one member to serve on the board. No trustee shall reside inthe same county as another trustee. Of the initial trustees appointed,five shall serve terms of one year, and four shall serve terms of twoyears, as determined by lot. After the initial appointments of thetrustees, the successor trustees shall reside in the same county as theprior trustee and be elected by the resident property owners of theircounty within the district. Each trustee may be elected to no more thanfive consecutive two-year terms. Vacancies shall be filled by the board.Each trustee shall serve until a successor is elected and sworn. Thetrustees shall not receive compensation for their services, but may bereimbursed for their actual and necessary expenses. The board shall electa chair and other officers necessary for its membership. The board shallenter into contracts with any person or entity for the maintenance,administrative, or support work required to administer the district. Theboard may charge reasonable fees and submit proposals to levy and imposeproperty taxes to fund the operation of the district to the qualifiedvoters in the district, but such proposals shall not become effectiveunless a majority of the qualified voters in the district voting on theproposals approve the proposed levy and rate of tax. The board may adoptresolutions necessary to the operation of the district.
8. No service shall be initiated to any property lying within thewatershed improvement district created under this section unless theproperty owner elects to have the service provided by the district.
9. Any on-site wastewater treatment system installed on any propertythat participates in the watershed improvement district formed under thissection shall meet all applicable standards for such on-site wastewatertreatment systems under sections 701.025 to 701.059, RSMo, and as requiredby rules or regulations promulgated by the board of trustees and theappropriate state agencies.
10. Property owners participating in the watershed improvementdistrict formed under this section shall be required as a condition ofcontinued participation to have a maintenance plan approved by thewatershed improvement district for the on-site wastewater treatment systemson their properties. Such property owners shall also execute a utilitieseasement to allow the district access to the system for maintenancepurposes and inspections. The property owner shall provide satisfactoryproof that periodic maintenance is performed on the sewage system. At aminimum the system shall be installed and maintained according to themanufacturer's recommendations. The level of satisfactory proof requiredand the frequency of periodic proof shall be determined by the board oftrustees.
11. A district established under this section may, at a general orprimary election, submit to the qualified voters within the districtboundaries a real property tax that shall not exceed five cents per onehundred dollars assessed valuation to fund the operation of the district.The ballot of submission shall be in substantially the following form:
Shall the .......... (name of district) impose a real property taxwithin the district at a rate of not more than .......... (insert amount)dollars per hundred dollars of assessed valuation to fund the operation ofthe district?
â ã YES â ã NOIf you are in favor of the question, place an "X" in the box opposite"YES". If you are opposed to the question, place an "X" in the boxopposite "NO".
If a majority of the votes cast in each county that is part of the districtfavor the proposal, then the real property tax shall become effective inthe district on the first day of the year following the year of theelection. If a majority of the votes cast in each county that is a part ofthe district oppose the proposal, then that county shall not impose thereal property tax authorized in this section until after the countygoverning body has submitted another such real property tax proposal andthe proposal is approved by a majority of the qualified voters votingthereon. However, if a real property tax proposal is not approved, thegoverning body of the county shall not resubmit a proposal to the votersunder this section sooner than twelve months from the date of the lastproposal submitted under this section.
12. The real property tax authorized by this section is in additionto all other real property taxes allowed by law.
13. Once the real property tax authorized by this section isabolished or terminated by any means, all funds remaining in the trust fundshall be used solely for the purposes approved in the ballot questionauthorizing the tax. The tax shall not be abolished or terminated whilethe district has any financing or other obligations outstanding. Any fundsin the trust fund which are not needed for current expenditures may beinvested by the district in the securities described in subdivisions (1) to(12) of subsection 1 of section 30.270, RSMo, or repurchase agreementssecured by such securities.
14. The governing body of any county included in the Upper WhiteRiver Basin watershed improvement district established in this section maydesignate groundwater depletion areas within specific areas of the countyand may require well volume monitoring. However, any county included inthis district may choose not to require well volume monitoring.
(L. 2004 H.B. 1433, A.L. 2005 H.B. 58 merged with H.B. 617)