Missouri Revised Statutes
Chapter 245 - Levee Districts
Section 245.320 - Change of organization to be submitted to an election.

Effective - 28 Aug 1939
245.320. Change of organization to be submitted to an election. — 1. Any such levee district now existing but not organized under sections 245.285 to 245.545 may become organized under sections 245.285 to 245.545, and when so organized hereunder, shall be entitled to the benefit of all of the provisions of sections 245.285 to 245.545 in the following manner: Upon the presentation of a petition of not less than ten resident landowners whose lands are taxed in such district proposing to reorganize, or if such district shall be composed of lands lying in more than one county, then upon the presentation of a petition of ten such resident taxed landowners, from each of the counties in which the lands in such district are situate, to the board of directors, supervisors or managers of such district (by whatever name they may be known) requesting the submission to an election of the question of a change of organization, such board of directors shall enter upon the record of the district proposing to change its organization, the fact of the presentation of the petition, the object thereof, and the names and residences of the petitioners requesting that such election be held; such board of directors, if a majority thereof are in favor of such change, shall make an order that the question of such proposed change shall be submitted to a vote of the landowners.
2. A certified copy of the record of the board of directors, together with a true certified copy of the petition of the landowners, shall be presented to the county commission of the county in which such district is situated, at some regular term thereof, or to each of the county commissions of the counties composing such district, if there be more than one county therein. Upon the receipt of the record at any regular term the county commission, or commissions, shall make an order that an election be held in the district, or in each county in the district, if there be more than one county, for the purpose of voting upon the question of the proposed change. This election shall be held not more than sixty days after the same shall be ordered. No one shall be a qualified voter at such election unless his or her name shall appear as an assessed landowner upon the current tax books of the district. Each such landowner shall be entitled to cast as many votes as he or she shall have acres of land assessed for taxation in the district as shown by the said tax books of the district. Voters may vote in person or by proxy; provided, that all proxies shall be in writing and acknowledged as deeds of conveyance are required to be acknowledged. The election shall be held at the county seat of the county or counties composing the district, but the same need not be held on the same day in each county, if there be more than one.
3. Four judges and two clerks of election shall be appointed for each county in the district by the board of directors of the district seeking the change of organization, by and with the consent of the county commission. Notice of said election shall be given by publication in some newspaper published in the county in which the election is held for at least four insertions prior to the holding of the same. The judges and clerks of election shall be sworn in the manner now required by law for the holding of municipal elections. The judges and clerks of election shall certify to the county commission of the county wherein such election was held the result thereof, which certificates shall show the votes for and against the proposed change of organization.
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(RSMo 1939 § 12600)
Prior revisions: 1929 § 11010; 1919 § 4702

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.