321.220. Powers of board--employee benefits plan.
Powers of board--employee benefits plan.
321.220. For the purpose of providing fire protection to the propertywithin the district, the district and, on its behalf, the board shall havethe following powers, authority and privileges:
(1) To have perpetual existence;
(2) To have and use a corporate seal;
(3) To sue and be sued, and be a party to suits, actions andproceedings;
(4) To enter into contracts, franchises and agreements with anyperson, partnership, association or corporation, public or private,affecting the affairs of the district, including contracts with anymunicipality, district or state, or the United States of America, and anyof their agencies, political subdivisions or instrumentalities, for theplanning, development, construction, acquisition or operation of any publicimprovement or facility, or for a common service relating to the control orprevention of fires, including the installation, operation and maintenanceof water supply distribution, fire hydrant and fire alarm systems;provided, that a notice shall be published for bids on all construction orpurchase contracts for work or material or both, outside the authoritycontained in subdivision (9) of this section, involving an expense of tenthousand dollars or more;
(5) Upon approval of the voters as herein provided, to borrow moneyand incur indebtedness and evidence the same by certificates, notes ordebentures, and to issue bonds, in accordance with the provisions of thischapter;
(6) To acquire, construct, purchase, maintain, dispose of andencumber real and personal property, fire stations, fire protection andfire-fighting apparatus and auxiliary equipment therefor, and any interesttherein, including leases and easements;
(7) To refund any bonded indebtedness of the district without anelection. The terms and conditions of refunding bonds shall besubstantially the same as those of the original issue of bonds, and theboard shall provide for the payment of interest, at not to exceed the legalrate, and the principal of such refunding bonds in the same manner as isprovided for the payment of interest and principal of bonds refunded;
(8) To have the management, control and supervision of all thebusiness and affairs of the district, and the construction, installation,operation and maintenance of district improvements therein;
(9) To hire and retain agents, employees, engineers and attorneys,including part-time or volunteer firemen;
(10) To have and exercise the power of eminent domain and in themanner provided by law for the condemnation of private property for publicuse to take any property within the district necessary to the exercise ofthe powers herein granted;
(11) To receive and accept by bequest, gift or donation any kind ofproperty. Notwithstanding any other provision of law to the contrary, anyproperty received by the fire protection district as a gift or any propertypurchased by the fire protection district at a price below the actualmarket value of the property may be returned to the donor or resold to theseller if such property is not used for the specific purpose for which itwas acquired;
(12) To adopt and amend bylaws, fire protection and fire preventionordinances, and any other rules and regulations not in conflict with theconstitution and laws of this state, necessary for the carrying on of thebusiness, objects and affairs of the board and of the district, and referto the proper authorities for prosecution any infraction thereofdetrimental to the district. Any person violating any such ordinance ishereby declared to be guilty of a misdemeanor, and upon conviction thereofshall be punished as is provided by law therefor. The prosecuting attorneyfor the county in which the violation occurs shall prosecute suchviolations in the circuit court of that county. The legal officer orattorney for the fire district may be appointed by the prosecuting attorneyas special assistant prosecuting attorney for the prosecution of any suchviolation. The enactments of the fire district in delegatingadministrative authority to officials of the district may provide standardsof action for the administrative officials, which standards are declared asindustrial codes adopted by nationally organized and recognized tradebodies. The board shall have the power to adopt an ordinance, rule, orregulation allowing the district to charge individuals who reside outsideof the district, but who receive emergency services within the boundariesof the district, for the actual and reasonable cost of such services.However, such actual and reasonable costs shall not exceed one hundreddollars for responding to each fire call or alarm and two hundred fiftydollars for each hour or a proportional sum for each quarter hour spent incombating a fire or emergency;
(13) To pay all court costs and expenses connected with the firstelection or any subsequent election in the district;
(14) To have and exercise all rights and powers necessary orincidental to or implied from the specific powers granted herein. Suchspecific powers shall not be considered as a limitation upon any powernecessary or appropriate to carry out the purposes and intent of thischapter;
(15) To provide for health, accident, disability and pension benefitsfor the salaried members of its organized fire department of the districtand such other benefits for their spouses and eligible unemancipatedchildren, through either or both a contributory or noncontributory plan.For purposes of this section, "eligible unemancipated child" means anatural or adopted child of an insured, or a stepchild of an insured who isdomiciled with the insured, who is less than twenty-three years of age, whois not married, not employed on a full-time basis, not maintaining aseparate residence except for full-time students in an accredited school orinstitution of higher learning, and who is dependent on parents orguardians for at least fifty percent of his or her support. The type andamount of such benefits shall be determined by the board of directors ofthe fire protection district within the level of available revenues of thepension program and other available revenues of the district. If anemployee contributory plan is adopted, then at least one voting member ofthe board of trustees shall be a member of the fire district elected by thecontributing members, which shall not be the same as the board ofdirectors;
(16) To contract with any municipality that is contiguous to a fireprotection district for the fire protection district to provide fireprotection to the municipality for a fee as hereinafter provided;
(17) To provide for life insurance, accident, sickness, health,disability, annuity, length of service, pension, retirement and otheremployee-type fringe benefits, subject to the provisions of section 70.615,RSMo, for the volunteer members of any organized fire department of thedistrict and such other benefits for their spouses and eligibleunemancipated children, through either a contributory or noncontributoryplan, or both. For purposes of this section, "eligible unemancipatedchild" means a natural or adopted child of an insured, or a stepchild of aninsured who is domiciled with the insured, who is less than twenty-threeyears of age, who is not married, not employed on a full-time basis, notmaintaining a separate residence except for full-time students in anaccredited school or institution of higher learning, and who is dependenton parents or guardians for at least fifty percent of his or her support.The type and amount of such benefits shall be determined by the board ofdirectors of the fire protection district within available revenues of thedistrict, including the pension program of the district. The provision andreceipt of such benefits shall not make the recipient an employee of thedistrict. Directors who are also volunteer members may receive suchbenefits while serving as a director of the district;
(18) To contract for services with any rural, volunteer orsubscription fire department or organization, or volunteer fire protectionassociation, as defined in section 320.300, RSMo, for the purpose ofproviding the benefits described in subdivision (17) of this section.
(L. 1947 V. I p. 432 § 23, A.L. 1961 p. 550, A.L. 1965 p. 509, A.L. 1969 H.B. 322, A.L. 1977 S.B. 62, A.L. 1978 H.B. 971, S.B. 628, A.L. 1981 S.B. 166, A.L. 1982 H.B. 1096, A.L. 1989 H.B. 487, A.L. 1990 H.B. 1395 & 1448 merged with H.B. 1675, A.L. 1992 S.B. 649, A.L. 1993 H.B. 373, A.L. 1995 H.B. 452, et al., A.L. 1999 S.B. 436, A.L. 2005 H.B. 58)(1955) Fire district organized under chapter 321 RSMo has authority to regulate by ordinance and inspect the erection, alteration, repair and removal of buildings within the district for the purpose of preventing fire and such powers supersede those of a city of the third class within the district with respect to the same subject. Wellston Fire Protection Dist. V. State Bank & Trust Co. (A.), 282 S.W.2d 171.