Effective - 28 Aug 2008
233.155. Extension of special district boundaries — procedure — special road district exemption. — 1. Whenever the inhabitants of any special road district already formed under sections 233.010 to 233.165 shall desire to extend the boundaries of such district to take in territory not included in the original district, and shall present a petition to the county commission of the county in which such district is located, or if the proposed district is to include portions of more than one county, then to the county commissions of each of such counties, signed by not less than thirty-five voters in the old district and not less than the lesser of thirty-five voters or fifty percent of the voters in the territory proposed to be taken into said district, asking the county commission or commissions of such county or counties to submit the proposition of the proposed extension of such road district to a vote of the people of such proposed district for their adoption or rejection, the county commission of such county, or if the proposed district shall include parts of more than one county, the county commissions of all such counties, shall each make an order of record that the proposed extension of said road district under the provisions of this section, describing the same by its title and the date of its approval, and describing the boundaries of the district as proposed to be extended, be submitted to the voters of such proposed road district.
2. The question shall be submitted in substantially the following form:
Shall the special road district be extended?
3. If the territory of more than one county be included in said special road district, the county commission of each county in said district shall, as soon as the returns are in from said election, cause a certificate to be made out stating the number of votes cast for and against said proposition in said county, and cause such certificate to be filed with the county clerk of the county commission of every other county which shall form a part of said special road district. If it shall appear from the returns of said county and from said certificate that a majority of the votes cast upon the proposition in the whole proposed district be in favor of the extension of said road district, the county commission or county commissions in said proposed district shall declare the result of the vote thereon in said proposed district by an order of record, and shall make an order of record that the above specified road district laws shall extend to and be the law in such special road district, including the extension thereof, setting out the boundaries of said district as extended, the same to take effect and be in force from and after a day to be named in such order, said day to be not more than twenty days after said election.
4. If any territory added to any such original district be in any county outside of the county of such original district, each county outside of such original district may appoint one road commissioner to act with the commissioners appointed in the county of the original district. Such commissioners so appointed outside of the county of the original district shall serve for a term of three years from the date of such appointment. Such commissioners shall be voters of such added territory in such county of their appointment. Except as herein provided, such commissioners shall be governed by sections 233.010 to 233.165. No change shall be made in the number of commissioners appointed by the county of the original district or in the manner of their appointment. In any special road district located in two counties with an additional fourth commissioner appointed by the county outside of the original district as provided in this subsection, a fifth commissioner may be appointed by the same county that appointed the fourth commissioner. Except as herein provided, a fifth commissioner shall be governed by sections 233.010 to 233.165, shall serve for a term of three years from the date of the appointment and until the fifth commissioner's successor shall be appointed and qualified, and shall be a voter of the county of appointment.
5. If a majority of the votes of the proposed district, as extended, be cast in favor of such extension, then the territory of such district, as extended, shall be governed by sections 233.010 to 233.165. But if such extension proposition shall not receive a majority of the votes of said district, as extended, then said special road district shall remain as it was before said petition was filed. Any special road district extended under the provisions of this section may be extended so that after such extension it shall not be more than seventeen miles square. The seventeen mile-square restriction shall not apply to any special road district extended within a county of the fourth classification.
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(RSMo 1939 § 8708, A.L. 1959 H.B. 445, A.L. 1978 H.B. 971, A.L. 2008 S.B. 896 merged with S.B. 930 & 947)
Prior revisions: 1929 § 8059; 1919 § 10832; 1909 § 10610
Structure Missouri Revised Statutes
Title XIV - Roads and Waterways
Chapter 233 - Incorporated Road Districts
Section 233.015 - Adoption of special road district law — election.
Section 233.025 - Powers of special road districts.
Section 233.030 - General road law — exceptions.
Section 233.035 - Duty of county clerk after adoption.
Section 233.050 - Board of commissioners of special road district to organize.
Section 233.055 - Treasurer of board.
Section 233.060 - Compensation of board.
Section 233.065 - Board to meet monthly — proceedings.
Section 233.075 - Powers of board.
Section 233.080 - Board to make and file plat of roads.
Section 233.085 - Tools, machinery, delivered to board.
Section 233.090 - Board may sell property of district.
Section 233.095 - Expenditures on municipal streets within district — amounts — conditions.
Section 233.100 - May repair, grade, gravel, pave or macadamize any road in district.
Section 233.103 - No limit on amounts spent within cities (Clay and Platte counties).
Section 233.110 - Board may plant shade trees — erect signboards.
Section 233.115 - Board may build bridges.
Section 233.120 - Disposition of proceeds from certain city licenses.
Section 233.125 - Disposition of proceeds from certain county licenses.
Section 233.135 - Issuance of check warrants.
Section 233.140 - Check warrant shall bear interest if not paid when presented for payment.
Section 233.145 - Records of board.
Section 233.150 - Annual report of receipts and disbursements.
Section 233.160 - Dissolution of special road district — procedure.
Section 233.165 - Dissolved district — tax levy to pay indebtedness.
Section 233.170 - County commissions may form districts.
Section 233.175 - Petitions — notice — remonstrances, order of county commission.
Section 233.177 - Election to establish road district, procedure — ballot language.
Section 233.180 - Commissioners of the special road district, how selected.
Section 233.185 - Commissioners of special road district shall organize — when — how.
Section 233.205 - Petitions for road improvement — proceedings.
Section 233.210 - Protests and objections considered by commission — order of commission.
Section 233.215 - Special tax — how apportioned.
Section 233.220 - Tracts of land regarded within same distance as major portion.
Section 233.225 - Special tax payable in one installment — special tax bills.
Section 233.230 - Special tax may be paid in installments — interest — special assessments.
Section 233.235 - Special tax bills — issuance — form — collection.
Section 233.240 - Suits to foreclose liens of special tax bills.
Section 233.245 - Owner of land may elect to pay in one installment.
Section 233.250 - Special assessment bonds to be issued.
Section 233.255 - Sale of bonds — payment — application of proceeds of bonds and special tax bills.
Section 233.260 - Cost of improvements — estimate.
Section 233.265 - Partial payments of special tax bills — correction of errors.
Section 233.270 - Contracts for improvement.
Section 233.275 - Title to lands — how considered.
Section 233.280 - Compensation of collector, county clerk and commissioners of road districts.
Section 233.285 - Law not to affect road districts incorporated prior to effective date.
Section 233.300 - Contracts not affected by disincorporation.
Section 233.305 - Appointment of trustee.
Section 233.310 - Trustee, duties of.
Section 233.315 - Final settlement of trustee.
Section 233.317 - Expansion or extension of a road district, procedure — ballot language.
Section 233.320 - Special road districts — organized how — by whom.
Section 233.325 - Petitions — notice — remonstrances — order of county commission.
Section 233.335 - Commissioners of special road district shall organize — when — how.
Section 233.350 - Petitions for road improvement — proceedings.
Section 233.360 - Special tax — how apportioned.
Section 233.365 - Tracts of land regarded within same distance as major portion.
Section 233.370 - Special tax payable in one installment — special tax bills.
Section 233.375 - Special tax payable in installments — interest — special assessments.
Section 233.380 - Special tax bills — issuance — form — collection.
Section 233.385 - Suits to foreclose liens of special tax bills.
Section 233.390 - Special assessment bonds to be issued.
Section 233.395 - Sale of bonds — payment — application of proceeds of bonds and special tax bills.
Section 233.400 - Partial payments of special tax bills — correction of errors.
Section 233.405 - Contracts for improvements.
Section 233.410 - Title of lands — how considered.
Section 233.415 - State roads — cost of improving and upkeep — how paid.
Section 233.425 - Dissolution of road district — petition — notice.
Section 233.430 - Contracts not affected by disincorporation.
Section 233.435 - Appointment of trustee.
Section 233.440 - Trustee, duties of.
Section 233.445 - Final settlement of trustee.
Section 233.460 - Form of ballot.
Section 233.465 - Bonds to be sold, when — how.
Section 233.470 - Certain sections not to apply, when.
Section 233.500 - Establishment authorized — boundaries of subdistrict.
Section 233.505 - Commissioners, appointment of, terms — requirements — vacancies.
Section 233.507 - Officers, election of, duties — meetings, conduct of.