72.407. Adoption of boundary change by voters, procedure--unincorporated pocket defined--cost of election, how paid--proposal concerning annexation and incorporation not to be submitted at same electi
Adoption of boundary change by voters, procedure--unincorporatedpocket defined--cost of election, how paid--proposal concerningannexation and incorporation not to be submitted at same election,election void, when.
72.407. 1. Boundary changes may be adopted by the voters in thefollowing manner:
(1) If the commission approves a proposed boundary change containingmore than one municipality and no unincorporated areas, such proposal shallbe adopted if a separate majority of the votes cast on the question in eachmunicipality are in favor of the boundary change, except as provided insubsection 4 of section 72.405;
(2) If the commission approves a proposed boundary change containingone or more municipalities and at least one unincorporated area, suchproposal shall be adopted if a separate majority of the votes cast on thequestion in each municipality and a separate majority of votes cast in eachvoting jurisdiction comprising unincorporated areas of the county are infavor of the boundary change, except as provided in subsection 4 of section72.405. If a voting jurisdiction comprising unincorporated areas of thecounty has no residents or if no votes are cast for or against the boundarychange, such boundary change shall become effective if a majority of thevotes cast in all other voting jurisdictions and municipalities are infavor of the boundary change. If the commission approves a proposedboundary change containing one or more municipalities and at least oneunincorporated area which is classified as an unincorporated pocket, suchproposal shall be adopted if a separate majority of the votes cast on thequestion in each municipality and a majority of votes cast in the wholemunicipality which would result from the boundary change are in favor ofthe boundary change, except as provided in subsection 4 of section 72.405.As used in this subdivision, the term "unincorporated pocket" means anunincorporated territory with an average residential density in excess ofone dwelling per three acres, which has a population of no more than fivehundred, which is accessible by public or private roadway only fromincorporated jurisdictions and/or another county, and which the commissionhas determined presents practical difficulties for service by the county byreason of its isolation.
2. Any election held pursuant to sections 72.400 to 72.423 shall beheld on a date established by the commission in accordance with theprovisions of chapter 115, RSMo. If the proposing agent is a petitioner orthe governing body of the county, all costs of the election shall be paidby the county. If the proposing agent is the governing body of anymunicipality, the cost of such election in each municipality shall be paidby each municipality and if the proposal contains any unincorporatedterritory the cost of the election in the unincorporated territory shall bepaid by the county.
3. Questions concerning the annexation of an area covered by sections72.400 to 72.423 and the incorporation of the same area shall not be put tothe voters at the same election. Any such election where the questions ofannexation and incorporation have been put to the voters shall be void inthe area covered by both propositions. This subsection shall not affectthe results of that election in areas where both questions were not put tothe voters at the same time. When boundary change proposals for annexationand for incorporation cover the same area, the proposal for annexationshall be put to the voters first.
(L. 1989 H.B. 487 § 3 subsecs. 6, 7, A.L. 1992 S.B. 571, A.L. 1995 H.B. 446, A.L. 1998 S.B. 809, A.L. 1999 S.B. 160 & 82, A.L. 2000 H.B. 1967)Effective 6-27-00