Effective - 12 Jul 1994
245.180. Board to levy tax, when — new tax authorized, when — tax, how levied — secretary to prepare levee tax record. — 1. After the lists of lands and other property, with the assessed benefits and the decree and judgment of court, have been filed in the office of the county recorder as provided in section 245.130, then the board of supervisors shall without any unnecessary delay, after a public hearing, levy a tax of such portion of said benefits on all lands, railroad and other property in the district to which benefits have been assessed, as may be found necessary by the board of supervisors to pay the cost of the completion of the proposed works and improvements as shown in said plan for reclamation and in carrying out the objects of said district, and plus ten percent of said total amount for emergencies. The said tax shall be apportioned to and levied on each tract of land or other property in said district in proportion to the benefits assessed and not in excess thereof.
2. Notwithstanding the limitations of sections 245.130 and 245.135 or any tax levy limitation contained in this chapter, the board of supervisors, having levied a tax pursuant to subsection* 1 of this section, may levy a new tax of such portion of the assessed benefits on all lands, railroad and other property in the district to which benefits have been assessed whenever it is found necessary by the board of supervisors to pay the cost of replacing, repairing and reconstructing works and improvements called for and completed pursuant to the plan for reclamation originally adopted by the board of supervisors and in carrying out the objects of said district. The tax levied under this subsection* shall be apportioned to and levied on each tract of land or other property in said district in proportion to the benefits assessed.
3. In case bonds are issued as provided herein and hereafter, then the amount of the interest (as estimated by said board of supervisors) which will accrue on such bonds shall be included and added to the said tax levied under either subsection* 1 or 2 of this section, but the interest to accrue on account of the issuing of said bonds shall not be construed as a part of the cost of construction in determining whether or not the expenses and costs of making said improvements are or are not equal to or in excess of the benefits assessed. The secretary of the board of supervisors, as soon as said total tax is levied, shall, at the expense of the district, prepare a list of all taxes levied, in the form of a well-bound book, which book shall be endorsed and named "levee tax record of ______ levee district ______", which endorsement shall also be printed or written at the top of each page in said book, and shall be signed and certified by the president and secretary of the board of supervisors, attested by the seal of the district, and the same shall thereafter become a permanent record in the office of said secretary.
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(RSMo 1939 § 12511, A.L. 1977 S.B. 3, A.L. 1994 S.B. 633)
Prior revisions: 1929 § 10921; 1919 § 4615
Effective 7-12-94
*Word "paragraph" appears in original rolls.
Structure Missouri Revised Statutes
Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply
Section 245.010 - Definitions.
Section 245.020 - Circuit clerk to give notice by publication — form of notice — mailing required.
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 245.050 - Notice of reorganization hearing.
Section 245.060 - Election of board of supervisors — term of office.
Section 245.075 - Supervisors to take oath.
Section 245.080 - Organization of board — to make annual report — compensation.
Section 245.095 - Powers and duties of supervisors.
Section 245.100 - Chief engineer appointed — duties.
Section 245.115 - Organization of board of commissioners.
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 245.160 - 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 245.185 - 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 245.198 - Tax levy, when — emergency levy of ten percent.
Section 245.199 - Additional bonds authorized when — how issued.
Section 245.210 - Levee tax delinquent December thirty-first — penalty.
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 245.255 - 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 245.290 - 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 245.430 - 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 245.485 - 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.