Read the full stored bill text
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1284
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BROWN (26).
4723S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 247.220, RSMo, and to enact in lieu thereof one new section relating to public
water supply districts.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 247.220, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 247.220, 2
to read as follows:3
247.220. 1. Proceedings for the dissolution of a 1
public water supply district shall be substantially the same 2
as proceedings for the formation of such a district, as 3
follows: A petition describing the boundaries of the 4
district sought to be dissolved shall be filed with the 5
clerk of the circuit court of the county wherein the subject 6
district is situate, or with the clerk of the circuit court 7
of the county having the largest acreage within the 8
boundaries of the subject district, in the event that the 9
subject district embraces lands in more than one county. 10
Such petition, in addition to such boundary description, 11
shall allege that further operation of the subject district 12
is inimicable to the best interests of the inhabitants of 13
the district, that the district should, in the interest of 14
the public welfare and safety, be dissolved, that an 15
alternative water supplier is available and better able to 16
supply water to the inhabitants of the district, that an 17
SB 1284 2
agreement for sale of the district's assets has been entered 18
into by the board of directors contingent upon approval of 19
the circuit court and voters, and such other information as 20
may be useful to the court in determining whether the 21
petition should be granted and a decree of dissolution 22
entered. Such petition shall also include a detailed plan 23
for payment of all debt and obligations of the district at 24
the time of dissolution. Such petition shall be accompanied 25
by a cash deposit of fifty dollars as an advancement of the 26
costs of the proceeding and the petition shall be signed by 27
not less than one-fifth of the registered voters from each 28
subdistrict, or fifty registered voters from each 29
subdistrict, whichever is less, within the subject 30
district. The petition shall be verified by at least one of 31
the signers thereof and shall be served upon the board of 32
directors of the district as provided by law. The district 33
shall be a party, and if the board of directors in its 34
discretion determines that such dissolution is not in the 35
public interest, the district shall oppose such petition and 36
pay all cost and expense thereof. 37
2. Upon the filing of the petition, the same shall be 38
presented to the circuit court, and such court shall fix a 39
date for a hearing on such petition, as provided in this 40
section. Thereupon, the clerk of the court shall give 41
notice of the filing of the petition in some newspaper of 42
general circulation in the county in which the proceedings 43
are pending, and if the district extends into any other 44
county or counties, such notice shall also be published in 45
some newspaper of general circulation in such other county 46
or counties. The notice shall contain a description of the 47
subject boundary lines of the district and the general 48
purposes of the petition, and shall set forth the date fixed 49
SB 1284 3
for the hearing on the petition, which shall not be less 50
than seven nor more than twenty-one days after the date of 51
the last publication of the notice and shall be on some 52
regular judicial day of the court wherein the petition is 53
pending. Such notice shall be signed by the clerk of the 54
circuit court and shall be published in three successive 55
issues of a weekly newspaper or in twenty successive issues 56
of a daily newspaper. 57
3. The court, for good cause shown, may continue the 58
case or the hearing thereon from time to time until final 59
disposition thereof. 60
4. Exceptions to the dissolution of a district may be 61
made by any voter or landowner of the district, and by the 62
district as herein provided; such exceptions shall be filed 63
not less than five days prior to the date set for the 64
hearing on the petition. Such exceptions shall specify the 65
grounds upon which the exceptions are filed and the court 66
shall take them into consideration in passing upon the 67
petition and shall also consider the evidence in support of 68
the petition and in support of the exceptions made. Unless 69
petitioners prove that there is an agreement for sale of the 70
district's assets entered into by the board of directors 71
that would permit all debts and financial obligations of the 72
district [can] be paid in full upon dissolution and provide 73
for the continuation of water supply to the inhabitants of 74
the district, the petition shall be dismissed at the cost of 75
the petitioners. 76
5. Should the court find that it would not be to the 77
public interest to dissolve a district, the petition shall 78
be dismissed at the costs of the petitioners. If, however, 79
the court should find in favor of the petitioners, the court 80
shall enter its interlocutory decree of dissolution which 81
SB 1284 4
decree shall provide for the submission of the question to 82
the voters of the district in substantially the following 83
form: 84
Shall ______ Public Water Supply District be dissolved 85
and its assets sold to _______ which shall thereafter be the 86
water supplier? 87
6. The decree of dissolution shall not become final 88
and conclusive until it shall have been submitted to the 89
voters residing within the boundaries described in such 90
decree and until it shall have been assented to by a 91
majority of two-thirds of the voters of the district voting 92
on the proposition. At their discretion, the board of 93
directors may approve a change in the vote threshold to a 94
majority of four-sevenths of the voters of the district 95
voting on the proposition. The decree shall provide for the 96
submission of the question and shall fix the date thereof. 97
The returns shall be certified by the election authority to 98
the circuit court having jurisdiction in the case and the 99
court shall thereupon enter its order canvassing the returns 100
and declaring the result of such election. 101
7. If, upon canvass and declaration, it is found and 102
determined that the question shall have been assented to by 103
[a majority of two-thirds of the voters of the district 104
voting on such proposition] the number of voters required 105
under subsection 6 of this section then the court shall, in 106
such order declaring the result of the election, enter a 107
further order declaring the decree of dissolution to be 108
final and conclusive. In the event, however, that the court 109
should find that the question had not been assented to by 110
the majority required, the court shall enter a further order 111
declaring such decree of dissolution to be void and of no 112
effect. No appeal shall lie from any of the aforesaid 113
SB 1284 5
orders. In the event that the court declares the decree of 114
dissolution to be final, as provided in this section, the 115
clerk of the circuit court shall file certified copies of 116
such decree of dissolution and of such final order with the 117
secretary of state of the state of Missouri, and with the 118
recorder of deeds of the county or counties in which the 119
district is situate and with the clerk of the county 120
commission of the county or counties in which the district 121
is situate. 122
8. Notwithstanding anything in this section to the 123
contrary, no district shall be dissolved until after all of 124
its debts shall have been paid, and the court, in its decree 125
of dissolution, shall provide for the disposition of the 126
property of the district. 127
✓