Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 3371
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE T A YLOR (84).
7306H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 247.031, RSMo, and to enact in lieu thereof three new sections relating to
public water supply districts.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 247.031, RSMo, is repealed and three new sections enacted in lieu
2 thereof, to be known as sections 247.031, 247.033, and 247.229, to read as follows:
247.031. 1. T erritory included in a district that is not being served by such district
2 may be detached from such district provided that there are no outstanding general obligation
3 or special obligation bonds and no contractual obligations of greater than twenty-five
4 thousand dollars for debt that pertains to infrastructure, fixed assets or obligations for the
5 purchase of water . If any such bonds or debt is outstanding, and the written consent of the
6 holders of such bonds or the creditors to such debt is obtained, then such territory may be
7 detached in spite of the existence of such bonds or debt, except such consent shall not be
8 required for special obligation bonds if the district has no water lines or other facilities located
9 within any of the territory detached. Detachment may be made by the filing of a petition with
10 the circuit court in which the district was incorporated. The petition shall contain a
11 description of the tract to be detached and a statement that the detachment is in the best
12 interest of the district or the inhabitants and property owners of the territory to be detached,
13 together with the facts supporting such allegation. The petition may be submitted by the
14 district acting through its board of directors, in which case the petition shall be signed by a
15 majority of the board of directors of the district. The petition may also be submitted by voters
16 residing in or by landowners owning land in the territory sought to be detached. If there are
17 more than ten voters and landowners in such territory , the petition shall be signed by five or
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 more voters or landowners within the territory; if there are less than ten voters and
19 landowners within such territory , the petition shall be signed by fifty percent or more of the
20 voters and landowners within the territory . In the event there are no voters living within such
21 territory proposed to be detached, then the petition may be submitted by owners of more than
22 fifty percent of the land in the territory proposed to be detached, in which case said petition
23 shall be signed by the owners so submitting the petition. In the event the petition is not
24 submitted by the district acting through its board of directors, the petitioner shall name the
25 district as a defendant and serve a copy of the petition upon the district by certified or
26 registered mail with a return receipt requested at least thirty-five days before the date of the
27 hearing of the petition.
28 2. Such petition shall be filed in the circuit court having jurisdiction and the court
29 shall set a date for hearing on the proposed detachment and the clerk of the circuit court shall
30 give notice of the filing of the petition and the hearing to the district by certified or registered
31 mail with a return receipt requested if the district is not the petitioner , and in a newspaper of
32 general circulation in the county in which the proceedings are pending and in a newspaper of
33 general circulation in the territory proposed to be detached. Such notice shall be published in
34 three consecutive issues of a weekly newspaper , or in lieu thereof, in twenty consecutive
35 issues of a daily newspaper . The last insertion of the notice shall be made not less than seven
36 nor more than twenty-one days before the hearing date. Such notice shall be substantially as
37 follows:
38 IN THE CIRCUIT COUR T OF ______ COUNTY , MISSOURI
39 NOTICE OF THE FILING OF A PETITION
40 FOR TERRITORIA L DET ACHMENT FROM
41 PUBLIC W A TER SUPPL Y DISTRICT NO. ______
42 OF ______ COUNTY , MISSOURI.
43 T o all voters and landowners of land within the boundaries of the
44 above-described district:
45 Y ou are hereby notified:
1.46 That a petition has been filed in this court for the detachment of
47 the following tracts of land from the above-named public water
48 supply district, as provided by law:
49 (Describe tracts of land).
2.50 That a hearing on said petition will be held before this court in __
51 ____ on the ______ day of ______, 20______, at ______, _____
52 _.m.
3.53 Exceptions or objections to the detachment of said tracts from
54 said public water supply district may be made by the district or
HB 3371 2
55 any voter or landowner of land within the district from which
56 territory is sought to be detached, provided such exceptions or
57 objections are in writing, specify the grounds on which they are
58 made, and are filed with the court not later than five days prior to
59 the date of the hearing of the petition.
60 4. The names and addresses of the attorneys for the petitioner are:
61 _______________
62 Clerk of the Circuit Court of
63 ______ County , Missouri
64 3. The court, for good cause shown, may continue the case or the hearing thereon
65 from time to time until final disposition thereof.
66 4. Exceptions or objections to the detachment of such territory may be made by any
67 voter or landowner within the boundaries of the district, including the territory to be detached.
68 In the event the petition is not submitted by the district acting through its board of directors,
69 the district may file exceptions or objections. Exceptions or objections shall be in writing,
70 shall specify the grounds upon which they are made, and shall be filed not later than five days
71 before the date set for hearing the petition. In considering the petition for detachment, the
72 court shall take into consideration the evidence in support of and opposition to the petition,
73 including such exceptions and objections. If the court finds that the detachment will be in the
74 best interest of the district and the inhabitants and landowners of the area to be detached will
75 not be adversely af fected or if the court finds that the detachment will be in the best interest of
76 the inhabitants and landowners of the territory to be detached and will not adversely af fect the
77 remainder of the district, it shall approve the detachment and grant the petition.
78 5. If the court approves the detachment, it shall make its order detaching the territory
79 described in the petition from the remainder of the district, or in the event it shall find that
80 only a portion of said territory should be detached, the court shall order such portion detached
81 from the district. The court shall also make any changes in subdistrict boundary lines it
82 deems necessary to meet the requirements of sections 247.010 to 247.220. Any subdistrict
83 line changes shall not become effectiv e until the next annual election of a member of the
84 board of directors.
85 6. A certified copy of the court's order shall be filed in the of fice of the recorder of
86 deeds and in the of fice of the county clerk in each county in which any of the territory of the
87 district prior to detachment is located, and in the of fice of the secretary of state. Costs of the
88 proceeding shall be borne by the petitioner or petitioners.
89 7. The prov isions of this section shall not apply to specific demand customers
90 r equesting detachment under the prov isions of section 247.033.
HB 3371 3
247.033. 1. As used in the section, the term "specific demand customer" shall
2 mean any customer with quantity and quality req uire ments that differ fro m the typical
3 customer of the public water supply district and may exceed the capabilities of the
4 public water supply district.
5 2. (1) Customers shall, when r equesting service fr om a public water supply
6 district, inform the district of the quantity and quality of water the customer will
7 r equir e.
8 (2) Upon recei pt of a requ est for service fr om a customer , the public water
9 supply district shall res pond within sixty days, informing the customer whether the
10 public water supply district can meet the re quested quantity and quality of water within
11 a r easonable time frame and at a reas onable cost. For the purposes of this section,
12 "r easonable time frame" shall mean a period of time that does not cr eate an undue
13 burden on the specific demand customer and "rea sonable cost" shall mean a cost per
14 quantity and quality that is comparable to similar customers within the public water
15 supply district and may include actual costs incurr ed by the public water supply district.
16 (3) A specific demand customer may bring a challenge in a court of competent
17 jurisdiction on the basis of unr easonable time frame or unr easonable cost. If the court
18 finds in favor of the specific demand customer , the court shall enforc e a r easonable time
19 frame and reas onable cost for service or allow the specific demand customer to detach
20 fr om the public water supply district.
21 3. (1) If the public water supply district declines or is unable to pr ovide service
22 to a specific demand customer , the specific demand customer may prov ide the public
23 water supply district with a notice of intent to detach and shall be allowed to detach,
24 except as pr ovided in subdivision (2) of this subsection.
25 (2) If the public water supply district is pr evented fr om granting detachment as
26 a res ult of any federal loans, as described in subsection 1 of section 247.031, the public
27 water supply district shall not delay payment of such loan or enter into new loan
28 agr eements until such specific demand customer is offered the opportunity to detach
29 fr om the public water supply district.
30 4. Specific demand customers may elect to pay the outstanding balance of any
31 federal loans of the public water supply district that pr event detachment. The specific
32 demand customer shall inform the district of the customer's intent to satisfy the federal
33 loan and detach fr om the public water supply district and the public water supply
34 district shall apply any moneys receiv ed fr om the specific demand customer to such
35 loans immediately upon r eceipt.
247.229 . 1. If a public water supply district organized under the pro visions set
2 forth in sections 247.010 to 247.220 has an outstanding debt owed to or guaranteed by
HB 3371 4
3 the United States government or any agency ther eof, the board of dir ectors of such
4 district shall accept any gift, donation, or bequest of money made to the district for the
5 payment of debt, unless acceptance of the gift, donation, or bequest would be in
6 violation of curr ent law , or the fulfillment of the terms of the gift, donation, or bequest
7 ar e in violation of curr ent law .
8 2. Monetary gifts, donations, or bequests accepted by the board of dir ectors
9 pursuant to subsection 1 of this section shall be applied first to the payment or
10 pr epayment of any outstanding debt of the district that is owed to or guaranteed by the
11 United States government or any agency ther eof, if the gift, donation, or bequest was
12 given for that purpose. Monetary gifts, donations, or bequests that are given without a
13 designated purpose may be used at the discr etion of the board.
14 3. If the amount of any such monetary gift, donation, or bequest exceeds the
15 amount necessary to pay or pr epay all outstanding debt owed to or guaranteed by the
16 United States government or any agency ther eof, the board of directors may apply the
17 excess funds as otherwise authorized by curr ent law .
18 4. If no such debt exists at the time the gift, donation, or bequest is receive d, or if
19 the donor has express ly dir ected the application of the gift, donation, or bequest to
20 another purpose, the board of dir ectors may apply the funds as otherwise authorized by
21 curr ent law .
22 5. The board of directors shall maintain re cords of all monetary gifts, donations,
23 or bequests receiv ed and the application ther eof, and shall make such record s available
24 for public inspection upon req uest.
25 6. Any person or entity may , at any time, tender payment in full or in part of any
26 outstanding debt of the district that is owed to or guaranteed by the United States
27 government or any agency ther eof, for the benefit of the district. The board of dir ectors
28 shall take all actions necessary to authorize and facilitate the acceptance and application
29 of any such payment to the indebtedness, prov ided that the payment is made without
30 condition, r estriction, or req uirement for consideration or performance by the district,
31 other than the application of the payment toward the indebtedness. The board of
32 dir ectors shall not re verse, cancel, rej ect, or otherwise interfer e with the application of
33 such payment to the debt obligation, and, if req uire d, shall obtain any United States
34 appr oval necessary for the application of such payment.
✔
HB 3371 5