247.217. Consolidation, procedure, petition, notice--subdistricts, how formed--election--directors, terms, eligibility--property, how handled.
Consolidation, procedure, petition, notice--subdistricts, howformed--election--directors, terms, eligibility--property, howhandled.
247.217. 1. Any two or more contiguous public water supply districtsorganized under the provisions of sections 247.010 to 247.220 may beconsolidated into a single district by a decree of the circuit court inwhich the district with the largest acreage was originally incorporated andorganized.
2. Proceedings for consolidation of such districts shall besubstantially as follows: The board of directors of each of the districtsto be consolidated shall authorize, by resolution passed at a regularmeeting or a special meeting called for such purpose, its president, onbehalf of the district, to petition the circuit court having jurisdictionfor consolidation with any one or more other contiguous public water supplydistricts.
3. Such petition shall be filed in the circuit court havingjurisdiction and the court shall set a date for a hearing thereon and theclerk shall give notice thereof in some newspaper of general circulation ineach county in which each of the districts proposed to be consolidated islocated.
4. Such notice shall be substantially as follows: IN THE CIRCUIT COURT OF ...... COUNTY, MISSOURI NOTICE OF THE FILING OF A PETITION FOR CONSOLIDATION OF PUBLIC WATER SUPPLY DISTRICT NO. ......, OF ...... COUNTY, MISSOURI, AND PUBLIC WATER SUPPLY DISTRICT NO. ......, OF ...... COUNTY, MISSOURI (Additional districts may be named as required.)
To all voters, landowners, and interested persons within theboundaries of the above-described public water supply districts:
You are hereby notified:
1. That a petition has been filed in this court for the consolidationof the above-named public water supply districts into one public watersupply district, as provided by law.
2. That a hearing on said petition will be held before this court onthe...... day of......, 20...., at...., ....m.
3. Exceptions or objections to the consolidation of said districtsmay be made by any voters or landowners of any of such districts proposedto be consolidated, provided such exceptions or objections are filed inwriting not less than five days prior to the date set for the hearing onthe petition.
4. The names and addresses of the attorneys for the petitioner are:
............................
Clerk of the Circuit Court of
.................. County, Missouri
5. The notice shall be published in three consecutive issues of aweekly newspaper in each county in which any portion of any districtproposed to be consolidated lies, or in lieu thereof, in twenty consecutiveissues of a daily newspaper in each county in which any portion of anydistrict proposed to be consolidated lies; the last insertion of suchnotice to be made not less than seven nor more than twenty-one days beforethe hearing.
6. The court, for good cause shown, may continue the case or thehearing thereon from time to time until final disposition thereof.
7. Exceptions or objections to the consolidation of such districtsmay be made by any voter or landowner within the boundaries of the proposeddistrict. The exceptions or objections shall be in writing and shallspecify the grounds upon which the same are made and shall be filed notlater than five days before the date set for hearing the petition. If anysuch exceptions or objections are filed, the court shall take them intoconsideration in passing upon the petition for consolidation and shall alsoconsider the evidence in support of the petition. If the court finds thatthe consolidation will provide for the rendering of necessary water servicein the districts, and is in the best interest of the voters and thelandowners of the district, it shall, by its decree, approve suchconsolidation. The decree of consolidation shall set an effective date forthe consolidation of the districts and shall provide that the proposedconsolidated district shall be divided into five subdistricts and shall fixboundary lines of each subdistrict, all of which subdistricts shall haveapproximately the same area and shall be numbered.
8. The decree of consolidation shall not become final and conclusiveuntil it has been submitted to voters in each of the districts proposed tobe included in the consolidated district.
9. If, upon canvass and declaration of the results, it is found anddetermined that the question has been assented to by a majority of thevoters of each district voting on the question, the court shall issue itsorder declaring the results of the elections, declaring its previous decreeof consolidation to be final and conclusive, and in addition, the decreeshall provide for an election of a director from each of the subdistrictsset forth in the decree of the court as specified in subsection 7 of thissection. The terms of office for the directors elected at such electionshall be as follows: The director elected from the subdistrict designatedby the circuit court as number one shall serve until the next regularelection, or until his successor has been elected and qualified; thosedirectors elected from the subdistricts designated by the circuit court asnumbers two and three shall serve until the regular election following thenext regular election or until their successors have been elected andqualified; those directors elected from the subdistricts designated by thecircuit court as numbers four and five shall serve until the annual regularelection following the next two regular elections, or until theirsuccessors have been elected and qualified. Thereafter all directors shallbe elected as provided by sections 247.010 to 247.220. The election shallbe held at least thirty days before the effective date of theconsolidation. The returns shall be certified by the judges and clerks ofelection to the circuit court having jurisdiction and the court shallthereupon enter its order naming the directors from each subdistrict.
10. The eligibility and requirements for a director for aconsolidated district shall be identical with those set forth in section247.060 and no two members of the board shall reside in the samesubdistrict. Any candidate shall have his name imprinted upon the ballot,provided he shall file a declaration of intention to become such acandidate with the clerk of the circuit court.
11. In its final decree, the court shall designate a name for theconsolidated district which shall be as follows: Consolidated PublicWater Supply District No. ......, of...... County, Missouri.
12. On the effective date of the consolidation of the districts, thenewly elected directors shall organize in the same manner as is provided insections 247.010 to 247.220, and all of such provisions shall apply toconsolidated public water supply districts in the same manner as to otherpublic water supply districts.
13. At the time of the effective date of the consolidation, all theproperty of the original districts shall be combined and administered asone unit, which shall be subject to the liens, liabilities and obligationsof the original districts, provided that if any district included in theconsolidated district has issued general obligation bonds which areoutstanding at the time of the consolidation, any taxes to be levied to paythe bonds and interest thereon shall be levied only upon the propertywithin the original district issuing the bonds as it existed on the date ofsuch issuance. All special obligation or revenue bonds issued by anydistrict included in the consolidated district shall be paid in accordancewith the terms thereof, without preference, from the revenue received bythe consolidated district.
14. A certified copy of the decrees of the court shall be filed inthe office of the recorder and in the office of the county clerk in eachcounty in which any part of the consolidated district is located, and inthe office of the secretary of state. Such copies shall be filed by theclerk of the circuit court and the filing fees shall be taxed as costs.
(L. 1969 S.B. 311, A.L. 1972 H.B. 1506, A.L. 1978 H.B. 971, A.L. 1988 H.B. 962, A.L. 2002 S.B. 984 & 985)