247.030. Territory included in district, contiguous--boundaries of districts, how changed--extension or enlargement of district, how.
Territory included in district, contiguous--boundaries of districts,how changed--extension or enlargement of district, how.
247.030. 1. Territory that may be included in a district sought tobe incorporated or enlarged may be wholly within one or in more than onecounty, may take in school districts or parts thereof, and cities that donot have a waterworks system or cities whose governing body has by amajority vote requested that the city or part thereof be included withinthe boundaries of a public water supply district. For the purpose of thissection, "city" means any city, town or village. The territory, however,shall be contiguous, and proceedings to incorporate shall be in the circuitcourt of the county in which the largest acreage is located. No twodistricts shall overlap.
2. Any two or more contiguous districts or any city and a contiguousdistrict may, if there are no outstanding general obligation bonds relatingto drinking water supply projects in either entity, by a majority vote ofthe governing body of each entity, provide for territory located in oneentity to be annexed and served by the entity contiguous to the annexedterritory. Notice of the proposed annexation shall be filed with thecircuit court that originally issued the decree of incorporation for adistrict which is detaching territory through the proposed annexation orwith the circuit court that originally issued the decree of incorporationfor a district which is including a city or part thereof through theproposed annexation. The court shall set a date for a hearing on theproposed annexation and shall cause notice to be published in the samemanner as for the filing of the original petition for incorporation; exceptthat publication of notice shall not be required if a majority of thelandowners in the territory proposed to be annexed consent in writing, andif notice of the hearing is posted in three public places within theterritory proposed to be annexed at least seven days before the date of thehearing. If publication of the notice is not required pursuant to thissection, the court shall only approve the proposed annexation if there issworn testimony by at least five landowners in the area of the proposedannexation, or a majority of the landowners, if there are fewer than tenlandowners in the area. If the court, after the hearing, finds that theproposed annexation would not be in the public interest, it shall orderthat the annexation not be allowed. If the court finds the proposedannexation to be in the public interest, it shall approve the annexationand the territory shall be detached from the one entity and annexed to theother. After the annexation is approved, the circuit court in which eachdistrict involved in the proceedings was incorporated shall amend thedecree of incorporation for each district to reflect the change in theboundaries as a result of the annexation and redivide each district intofive subdistricts, fixing their boundary lines so that each of the fivesubdistricts have approximately the same area. A certified copy of theamended decree showing the boundary change and the new subdistricts shallbe filed in the office of the recorder of deeds and in the office of thecounty clerk in each county having territory in the district and in theoffice of the secretary of state of the state of Missouri.
3. The boundaries of any district may be extended or enlarged fromtime to time upon the filing, with the clerk of the circuit court havingjurisdiction, of a petition by either:
(1) The board of directors of the district and five or more voters orlandowners within the territory proposed to be annexed by the district; or
(2) The board of directors of the district and a majority of thelandowners within the territory proposed to be annexed to the district.
If the petition is filed by the board of directors of the district and fiveor more voters or landowners within the territory proposed to be annexed bythe district, the same proceedings shall be followed as are provided insection 247.040 for the filing of a petition for the organization of thedistrict, except that no election shall be held. Upon entry of a finalorder declaring the court's decree of annexation to be final andconclusive, the court shall modify or rearrange the boundary lines of thesubdistricts as may be necessary or advisable. If the petition is filed bythe board of directors of the district and a majority of the landownerswithin the territory proposed to be annexed, the publication of noticeshall not be required, provided notice is posted in three public placeswithin the territory proposed to be annexed at least seven days before thedate of the hearing and provided that there is sworn testimony by at leastfive landowners in the territory proposed to be annexed, or a majority ofthe landowners if the total landowners in the area are fewer than ten. Ifthe court finds that the annexation of such territory would be in thepublic interest, the court shall enter its order granting such annexation.Upon the entry of such order, the court shall modify or rearrange theboundary lines of the subdistricts as may be necessary or advisable. Thecosts incurred in the enlargement or extension of the district shall betaxed to the district, if the district be enlarged or extended, otherwiseagainst the petitioners; provided, however, that no costs shall be taxed tothe directors of the district.
4. Should any landowner who owns real estate that abuts upon adistrict once formed desire to have such real estate incorporated in thedistrict, the landowner shall first petition the board of directors thereoffor its approval. If such approval be granted, the clerk of the boardshall endorse a certificate of the fact of approval by the board upon thepetition. The petition so endorsed shall be filed with the clerk of thecircuit court in which the district is incorporated. It shall then be theduty of the court to amend the boundaries of such district by a decreeincorporating the real estate in the same. A certified copy of this decreeincluding the real estate in the district shall then be filed in the officeof the recorder and in the office of the county clerk of the county inwhich the real estate is located, and in the office of the secretary ofstate. The costs of this proceeding shall be borne by the petitioningproperty owner.
(RSMo 1939 § 12622, A.L. 1976 H.B. 1386, A.L. 1995 H.B. 88, A.L. 1999 H.B. 450 merged with S.B. 160 & 82, A.L. 2002 S.B. 984 & 985)