247.031. Detachment from district, when--procedure--costs--petition form.
Detachment from district, when--procedure--costs--petition form.
247.031. 1. Territory included in a district that is not beingserved by such district may be detached from such district provided thatthere are no outstanding general obligation or special obligation bonds andno contractual obligations of greater than twenty-five thousand dollars fordebt that pertains to infrastructure, fixed assets or obligations for thepurchase of water. If any such bonds or debt is outstanding, and thewritten consent of the holders of such bonds or the creditors to such debtis obtained, then such territory may be detached in spite of the existenceof such bonds or debt, except such consent shall not be required forspecial obligation bonds if the district has no water lines or otherfacilities located within any of the territory detached. Detachment may bemade by the filing of a petition with the circuit court in which thedistrict was incorporated. The petition shall contain a description of thetract to be detached and a statement that the detachment is in the bestinterest of the district or the inhabitants and property owners of theterritory to be detached, together with the facts supporting suchallegation. The petition may be submitted by the district acting throughits board of directors, in which case the petition shall be signed by amajority of the board of directors of the district. The petition may alsobe submitted by voters residing in or by landowners owning land in theterritory sought to be detached. If there are more than ten voters andlandowners in such territory, the petition shall be signed by five or morevoters or landowners within the territory; if there are less than tenvoters and landowners within such territory, the petition shall be signedby fifty percent or more of the voters and landowners within the territory.In the event there are no voters living within such territory proposed tobe detached, then the petition may be submitted by owners of more thanfifty percent of the land in the territory proposed to be detached, inwhich case said petition shall be signed by the owners so submitting thepetition. In the event the petition is not submitted by the districtacting through its board of directors, the petitioner shall name thedistrict as a defendant and serve a copy of the petition upon the districtby certified or registered mail with a return receipt requested at leastthirty-five days before the date of the hearing of the petition.
2. Such petition shall be filed in the circuit court havingjurisdiction and the court shall set a date for hearing on the proposeddetachment and the clerk of the circuit court shall give notice of thefiling of the petition and the hearing to the district by certified orregistered mail with a return receipt requested if the district is not thepetitioner, and in a newspaper of general circulation in the county inwhich the proceedings are pending and in a newspaper of general circulationin the territory proposed to be detached. Such notice shall be publishedin three consecutive issues of a weekly newspaper, or in lieu thereof, intwenty consecutive issues of a daily newspaper. The last insertion of thenotice shall be made not less than seven nor more than twenty-one daysbefore the hearing date. Such notice shall be substantially as follows:
IN THE CIRCUIT COURT OF
....................COUNTY, MISSOURI
NOTICE OF THE FILING OF A PETITION FOR
TERRITORIAL DETACHMENT FROM
PUBLIC WATER SUPPLY DISTRICT NO. ........
OF .................... COUNTY, MISSOURI.
To all voters and landowners of land within the boundaries of theabove-described district:
You are hereby notified:
1. That a petition has been filed in this court for the detachment ofthe following tracts of land from the above-named public water supplydistrict, as provided by law:(Describe tracts of land).
2. That a hearing on said petition will be held before this court in..... on the ..... day of ........, 20 ..., at ...., ....m.
3. Exceptions or objections to the detachment of said tracts fromsaid public water supply district may be made by the district or any voteror landowner of land within the district from which territory is sought tobe detached, provided such exceptions or objections are in writing, specifythe grounds on which they are made, and are filed with the court not laterthan five days prior to the date of the hearing of the petition.
4. The names and addresses of the attorneys for the petitioner are:..................................
Clerk of the Circuit Court of
.................. County, Missouri
3. The court, for good cause shown, may continue the case or thehearing thereon from time to time until final disposition thereof.
4. Exceptions or objections to the detachment of such territory maybe made by any voter or landowner within the boundaries of the district,including the territory to be detached. In the event the petition is notsubmitted by the district acting through its board of directors, thedistrict may file exceptions or objections. Exceptions or objections shallbe in writing, shall specify the grounds upon which they are made, andshall be filed not later than five days before the date set for hearing thepetition. In considering the petition for detachment, the court shall takeinto consideration the evidence in support of and opposition to thepetition, including such exceptions and objections. If the court findsthat the detachment will be in the best interest of the district and theinhabitants and landowners of the area to be detached will not be adverselyaffected or if the court finds that the detachment will be in the bestinterest of the inhabitants and landowners of the territory to be detachedand will not adversely affect the remainder of the district, it shallapprove the detachment and grant the petition.
5. If the court approves the detachment, it shall make its orderdetaching the territory described in the petition from the remainder of thedistrict, or in the event it shall find that only a portion of saidterritory should be detached, the court shall order such portion detachedfrom the district. The court shall also make any changes in subdistrictboundary lines it deems necessary to meet the requirements of sections247.010 to 247.220. Any subdistrict line changes shall not becomeeffective until the next annual election of a member of the board ofdirectors.
6. A certified copy of the court's order shall be filed in the officeof the recorder of deeds and in the office of the county clerk in eachcounty in which any of the territory of the district prior to detachment islocated, and in the office of the secretary of state. Costs of theproceeding shall be borne by the petitioner or petitioners.
(L. 1988 H.B. 962, A.L. 2000 S.B. 741, A.L. 2002 S.B. 984 & 985, A.L. 2009 S.B. 196)