Missouri Revised Statutes
Chapter 245 - Levee Districts
Section 245.060 - Election of board of supervisors — term of office.

Effective - 28 Aug 2004
245.060. Election of board of supervisors — term of office. — Within thirty days after any levee district shall have been organized and incorporated under the provisions of section 245.025 the circuit clerk of the court organizing such district shall, upon giving notice by causing publication to be made once a week for two consecutive weeks in some newspaper published in each county in which lands of the district are located, the last insertion to be at least ten days before the day of such meeting, call a meeting of the owners of real estate or other property located in such district, including the authorized representative of any corporation which owns real estate or other property located in such district, at a day and hour specified in some public place in the county in which the district was organized, for the purpose of electing a board of five supervisors, to be composed of owners of real estate in the district, which may include the authorized representative of any corporation which owns real estate or other property in the district, two of whom at least shall be residents of the county or counties in which the district is located, or some adjoining counties; the landowners, when assembled, shall organize by the election of a chairman and secretary of the meeting, who shall conduct the election; at such election each and every acre of land and each and every mile of right-of-way of every corporation owning a franchise in the district shall represent one share, and each owner shall be entitled to one vote in person or by proxy for every acre of land or mile of right-of-way owned by him or her in such district, and the five persons receiving the highest number of votes shall be declared elected as supervisors; and the supervisors shall immediately by lot determine the terms of their office, which shall be respectively one, two, three, four and five years, and they shall serve until their successors shall have been elected and qualified; provided, that if the levee district be located wholly within a third or fourth class city of this state, or within any city in this state under fifty thousand population operating under a special charter then the owner of each lot, tract, parcel or subdivision thereof, as set forth in the final decree of the court creating and incorporating such levee district, shall be entitled to one vote, in person or by proxy, for each lot, tract, parcel or subdivision thereof, owned by him or her.
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(RSMo 1939 § 12496, A.L. 1947 V. II p. 226, A.L. 1999 H.B. 450, A.L. 2004 H.B. 795, et al. merged with H.B. 1207)
Prior revisions: 1929 § 10906; 1919 § 4600; 1909 § 5705

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply

Chapter 245 - Levee Districts

Section 245.010 - Definitions.

Section 245.015 - Owners may form levee district, where — articles of incorporation to be filed in circuit court.

Section 245.020 - Circuit clerk to give notice by publication — form of notice — mailing required.

Section 245.025 - Objections to incorporation heard — court decree filed with secretary of state and county recorder.

Section 245.030 - Adjacent districts may consolidate — petition, hearing and decree.

Section 245.035 - Time of corporate existence may be extended.

Section 245.040 - Districts may reorganize.

Section 245.045 - Districts reorganized to receive all benefits — reorganization articles of association to be filed with circuit court.

Section 245.050 - Notice of reorganization hearing.

Section 245.055 - Procedure.

Section 245.060 - Election of board of supervisors — term of office.

Section 245.065 - Improper election of board of supervisors — court to declare vacancies — new election called.

Section 245.070 - Board of supervisors to call annual meeting and election — owners of land benefitted entitled to vote.

Section 245.075 - Supervisors to take oath.

Section 245.080 - Organization of board — to make annual report — compensation.

Section 245.085 - County clerk and treasurer to deliver records and moneys of district to secretary of board.

Section 245.090 - Secretary of board to be ex officio treasurer — board to audit books annually and publish financial statement.

Section 245.095 - Powers and duties of supervisors.

Section 245.100 - Chief engineer appointed — duties.

Section 245.105 - Chief engineer to make report — supervisors to adopt plans and supplemental plans for reclamation.

Section 245.110 - Secretary of board to file copy of plan with circuit clerk — commissioners appointed.

Section 245.115 - Organization of board of commissioners.

Section 245.120 - Commissioners to inspect district and assess benefits and damages — report to be filed.

Section 245.125 - Property owners notified of commissioners' report by publication — form of notice — mailing required.

Section 245.130 - Exceptions to commissioners' report heard and determined.

Section 245.135 - Court to declare corporation dissolved if costs exceed benefits.

Section 245.140 - Plan of reclamation may be changed — procedure.

Section 245.145 - Damages assessed must be paid before appropriating land.

Section 245.150 - Board to construct works — may let contracts for construction.

Section 245.155 - Embankments on right-of-way to be raised at expense of owner to conform to district levee.

Section 245.160 - Board to employ attorney.

Section 245.165 - Board to keep record of proceedings — open to inspection.

Section 245.170 - Board to provide for compensation of employees and fees of officers.

Section 245.175 - Board to levy tax to pay cost of organization.

Section 245.180 - Board to levy tax, when — new tax authorized, when — tax, how levied — secretary to prepare levee tax record.

Section 245.181 - Additional bonds authorized, when — meeting, votes how cast — form of notice — notice, how given.

Section 245.185 - Annual installment of tax to be levied — when due — form of certificate of tax.

Section 245.190 - Board may make additional levy of tax.

Section 245.195 - Board may levy maintenance tax — unprotected lands not taxable.

Section 245.196 - Annual benefit fee, how levied, amount.

Section 245.197 - Readjustment of benefits, when — levy of new tax for carrying out supplemental plan — notice, how given — form of notice — lists, where filed.

Section 245.198 - Tax levy, when — emergency levy of ten percent.

Section 245.199 - Additional bonds authorized when — how issued.

Section 245.200 - County collector of revenue to collect levee tax — to give bond to board of supervisors.

Section 245.205 - Secretary of board to extend and certify levee tax to collector-treasurers — duties of collector-treasurer — county collector-treasurer to collect delinquent taxes.

Section 245.210 - Levee tax delinquent December thirty-first — penalty.

Section 245.215 - Levee tax to constitute a lien — how evidenced — acquisition of lands, duty to satisfy outstanding liens, limitation.

Section 245.220 - Tax book to be prima facie evidence — suits for taxes brought in circuit court.

Section 245.225 - Suits and notices to be filed in recorder's office against last record owners.

Section 245.230 - Board may issue bonds — how funds are to be used.

Section 245.235 - Unpaid warrants to draw interest.

Section 245.240 - Surety bonds to be made payable to district.

Section 245.245 - Board to appoint inspectors — duties and powers of inspectors.

Section 245.250 - County collectors — penalty for failure to pay over tax, fee for collection of tax.

Section 245.255 - Change of venue.

Section 245.260 - Action not to abate by reason of death of party.

Section 245.265 - Appeal not to act as supersedeas.

Section 245.270 - Liability of reorganized district.

Section 245.275 - Procedure in dissolving levee district.

Section 245.280 - Sections construed — existing rights not to be affected.

Section 245.285 - Defining the term levee districts — applicable to districts now organized or which may be organized.

Section 245.290 - County commissions may establish levee districts.

Section 245.295 - Districts may be formed at regular meetings of governing body.

Section 245.300 - Notice to be given — mailing required.

Section 245.305 - Lands subject to overflow may be included in levee district.

Section 245.310 - Extending levees and levee districts.

Section 245.315 - Existing levee districts may organize under this law.

Section 245.320 - Change of organization to be submitted to an election.

Section 245.325 - Simple majority to decide election.

Section 245.330 - Effect of reorganization of old districts.

Section 245.335 - Board of directors of levees appointed by county commission.

Section 245.340 - Oath of directors.

Section 245.345 - Board to organize.

Section 245.350 - Majority of board a quorum.

Section 245.355 - Duties of president and secretary.

Section 245.360 - Pay of directors.

Section 245.365 - Board to determine what work is necessary.

Section 245.370 - Work to be let to lowest bidder.

Section 245.375 - Contractors to give bond.

Section 245.380 - Board to supervise work.

Section 245.385 - Board to secure right-of-way.

Section 245.390 - Board to act with United States agencies.

Section 245.395 - Board to publish statement of work done.

Section 245.400 - Board may change location of levee.

Section 245.405 - Levees may be used as roadbeds and roadbeds may be used as levees.

Section 245.410 - Duty of railroads, when levee passes along embankment.

Section 245.415 - Railroads to continue levee.

Section 245.420 - Landowner may continue levee to railroad grade and recover costs — notice to be given.

Section 245.430 - Private roadways to have approaches.

Section 245.445 - Board to assess levee fund tax.

Section 245.450 - Assessment of overflowed lands.

Section 245.455 - Lands to be entered on book for that purpose.

Section 245.460 - Levee assessment books returned to whom — meeting of landowners.

Section 245.465 - County board of equalization to have jurisdiction over lands.

Section 245.470 - Landowners to determine work to be done.

Section 245.475 - Board to order rate percent levee assessment — annual installment payments.

Section 245.480 - Additional taxes for enlarging and strengthening levee.

Section 245.483 - Construction or improvement of levees to protect lands in other districts — procedure — costs, how paid.

Section 245.485 - Additional tax may be ordered when costs exceed estimates.

Section 245.490 - Board may borrow money.

Section 245.495 - Board may issue warrants.

Section 245.500 - Form of warrants.

Section 245.505 - Sinking fund moneys may be invested.

Section 245.515 - County treasurer to be treasurer of board.

Section 245.520 - Compensation of engineers and other officers and employees.

Section 245.525 - Herding livestock on levee prohibited.

Section 245.530 - Penalty for failure of road overseers to keep road crossings in repair.

Section 245.540 - Commissions may appropriate swamplands.

Section 245.545 - Circuit judge to give penal sections in charge to grand jury.