256.660. Disincorporation of district, procedure.
Disincorporation of district, procedure.
256.660. 1. Disincorporation of the district may beaccomplished by a vote therefor on the submission of thequestion to the qualified voters of the district. Thesubmission is initiated as follows:
(1) When the commission determines thedisincorporation is desirable after a hearing on the subjectis held, provided that notice of such hearing is made bypublication setting a time for the hearing and citing thereasons for the proposed need to disincorporate, and thecommission makes its decision for disincorporation withinthirty days after the hearing is concluded, and on suchdecision calls forthwith for a disincorporation election; or
(2) When five percent or more of the qualified votersfrom each of a majority of the counties within the districtpetition the commission for a disincorporation election.The determination of the validity of the petition signaturesshall be made by the election district of each county. Whenthe election district determines that the petition is valid,the commission shall call a hearing as on its own motion todisincorporate. After the hearing is concluded with nowithdrawal of the petition as provided for in this section,the commission shall notify the county clerks of allcounties in the district, who shall submit the question tothe qualified voters of the district.
2. A majority of petitioners on a disincorporationpetition may withdraw the petition and thereby terminate theproceedings at any time before the hearing is concluded.
3. The question shall be submitted in substantiallythe following form:
Shall the Southeast Missouri Regional Water District bedisincorporated?
4. A vote of a majority of those voting is requiredfor disincorporation.
5. When disincorporation is voted as provided in thissection, the commission shall certify the result to thecourt, whereupon the court shall appoint a competent personfrom within the district as receiver. The receiver shallhave, under order of the court, such powers andresponsibilities, as such would apply to this section, asprovided by law for receivers in the liquidation of generaland business corporations and shall be considered, for thepurpose of sections 256.643 to 256.660, to be an officer ofthe district. Upon appointment of a receiver by the court,the power and authority of the commissioners of the districtto function as the commission of the district ceases, andthe offices of commissioners terminate, subject to whateverorders the court may issue for securing the aid of thecommissioners in liquidation of the district.
6. When the receiver has closed the affairs and paidall debts of the district, he shall, subject to any furtherand necessary orders of the court, take action as follows:
(1) Pay to the county commission of each county withinthe district the money remaining in his hands, on the basisof a pro rata to each county commission as the fees paidfrom each county to the district in the last full year ofdistrict fee collection under the commission relate to thetotal district fee collection in said year;
(2) File all data, plans and other official records ofthe district with the clerk of the court, which recordsshall be matters of public record available to anyinterested person.
(L. 1992 S.B. 661 & 620 § 29)