260.481. Disincorporation certain city, when, procedure--trustee appointment, duties--expenditures (Times Beach).
Disincorporation certain city, when, procedure--trustee appointment,duties--expenditures (Times Beach).
260.481. 1. Any fourth class city in any first class county with acharter form of government adjoining a city not within a county, which hascontracted with the state of Missouri or the federal government, or both,for the acquisition of all real property by any federal or state agencybecause of the release of a hazardous substance that endangers the publichealth and welfare of such city and has resulted in a public calamity, andwhere a city ordinance effecting disincorporation has been submitted to thegovernor by the mayor of the city requesting disincorporation, shall bedisincorporated upon the issuance of a governor's executive order approvingsuch disincorporation. Notice of such disincorporation shall be submittedto the secretary of state and the county commission of the county withinwhich such city lies.
2. Upon the issuance of the executive order as required in subsection1 of this section, the governor shall appoint a person to act as trusteefor the city so disincorporated and shall appoint legal counsel to assistsuch trustee as necessary. Before entering upon the discharge of hisduties, the trustee shall take and subscribe on oath that he willfaithfully discharge the duties of his office. The trustee shall beempowered to condemn property as required, to take title to property as itis acquired, to take over all records of the city and to exercise otherduties as specified in section 79.520, RSMo, except that the trustee shallnot be empowered to institute suits in behalf of the city without theexpress authorization of the governor.
3. When the trustee shall have closed the affairs of the city, andshall have paid all debts due by the city, he shall, at the request of thegovernor, pay over to the state treasurer all money remaining in his handsand deliver to the agency designated by the governor all books, papers,records and deeds to acquired real property belonging to thedisincorporated city.
4. Any expenditures incurred under this section will be paid firstfrom excess city funds and then from the Missouri hazardous waste fundunder section 260.391.
(L. 1985 S.B. 333 § 1, A.L. 2005 S.B. 225)