There are multiple enactments of 321.320
Effective - 01 Jun 2018, 2 histories
*321.320. Property in city of 40,000 inhabitants not wholly within district, to be excluded — requirements for certain annexed areas (Boone, Jackson, Jefferson, St. Charles, St. Louis counties) — exceptions (Crystal City, Festus, Herculaneum). — 1. Except as otherwise provided in this section, if any property, located within the boundaries of a fire protection district, is included within a city having a population of forty thousand inhabitants or more, which city is not wholly within the fire protection district, and which city maintains a city fire department, the property is excluded from the fire protection district.
2. Notwithstanding any provision of law to the contrary, unless otherwise approved by a majority vote of the governing body of the municipality and a majority vote of the governing body of the fire protection district, or otherwise approved by a majority vote of the qualified voters in the municipality and a majority vote of the qualified voters in the fire protection district, a fire protection district serving an area included within any annexation by a municipality located in any county of the first classification with more than one hundred fifty thousand but fewer than two hundred thousand inhabitants, or an area included within any annexation by a municipality in a county having a charter form of government, approved by a vote after January 1, 2008, including simplified boundary changes, shall, following the annexation:
(1) Continue to provide fire protection services, including emergency medical services to such area;
(2) Levy and collect any tax upon all taxable property included within the annexed area authorized under chapter 321;
(3) Enforce any fire protection and fire prevention ordinances adopted and amended by the fire protection district in such area.
3. All costs associated with placing an annexation on the ballot within a municipality that involves an area that is served by a fire protection district shall be borne by the municipality.
4. The provisions of subsections 2 and 3 of this section shall not apply to:
(1) Any city of the third classification with more than four thousand five hundred but fewer than five thousand inhabitants and located in any county with a charter form of government and with more than two hundred thousand but fewer than three hundred fifty thousand inhabitants;
(2) Any city of the fourth classification with more than three thousand but fewer than three thousand seven hundred inhabitants and located in any county with a charter form of government and with more than two hundred thousand but fewer than three hundred fifty thousand inhabitants; and
(3) Any city of the third classification with more than eleven thousand five hundred but fewer than thirteen thousand inhabitants and located in any county with a charter form of government and with more than two hundred thousand but fewer than three hundred fifty thousand inhabitants.
5. Notwithstanding any other provision of law to the contrary, the residents of an area included within any annexation by a municipality located in any county of the first classification with more than one hundred fifty thousand but fewer than two hundred thousand inhabitants, or an area included within any annexation by a municipality in a county having a charter form of government, approved by a vote after January 1, 2008, may vote in all fire protection district elections and may be elected to the fire protection district board of directors.
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(L. 1949 p. 540 § 32a, A.L. 1957 p. 723, A.L. 1961 p. 553, A.L. 1969 H.B. 322, A.L. 2018 H.B. 1446)
Effective 6-01-18
*Revisor's Note: This section was declared unconstitutional in City of De Soto v. Parson, see 2021 annotation below.
(2021) Provisions contained in HB 1446 from 2018 declared unconstitutional as that bill violated the single subject requirement of Article III, Section 23 of the Missouri Constitution. City of De Soto v. Parson, 2021 WL 3117987 (Mo.banc).
Structure Missouri Revised Statutes
Title XXI - Public Safety and Morals
Chapter 321 - Fire Protection Districts
Section 321.010 - Definitions — election procedure.
Section 321.020 - Circuit court may establish districts.
Section 321.030 - Petition required for organization of fire district — who to sign.
Section 321.040 - Contents of petition.
Section 321.050 - Amendment of petition — similar petitions or duplicates.
Section 321.070 - Publication of notice of hearing — fixing time and place.
Section 321.080 - Jurisdiction of proceedings — judge owning property not disqualified.
Section 321.090 - Protesting petition may be filed — who to sign — contents.
Section 321.100 - Hearing — adjudication — corporate powers.
Section 321.110 - Dismissal of proceedings — costs — review.
Section 321.130 - Directors, qualifications — candidate filing fee, oath.
Section 321.150 - Filing of copies of findings and decrees incorporating district.
Section 321.160 - Board members to file oaths of office — surety bonds.
Section 321.162 - Educational training required for board of directors.
Section 321.170 - Board to select officers — seal — records.
Section 321.180 - Treasurer's duties — file bond — make annual financial statement.
Section 321.210 - Election and terms of directors — filing fee.
Section 321.220 - Powers of board — employee benefits plan.
Section 321.221 - Municipality purchasing fire protection, annual payments, how computed.
Section 321.230 - Power to levy and collect ad valorem taxes.
Section 321.240 - Tax levy, election, when — form of ballot.
Section 321.241 - Additional tax levy, when — form of ballot.
Section 321.244 - Reduced tax levy may be increased to maximum limits, by elections, ballot form.
Section 321.245 - Personnel and equipment required for dispatching center.
Section 321.250 - Board to certify rate of levy to county commission.
Section 321.260 - Matters considered when certifying annual levies — additional levies.
Section 321.270 - Duty to levy and collect taxes — delinquent taxes constitute a lien.
Section 321.280 - Property may be sold for nonpayment of taxes.
Section 321.290 - Reserve fund, taxes for.
Section 321.302 - Recording of boundary extension, duties — fees.
Section 321.310 - Exclusion of property from district on petition of property owners.
Section 321.320 - Property in city of 40,000 inhabitants not wholly within district, to be excluded.
Section 321.330 - Property not to be subject to taxes, when.
Section 321.340 - Bonds of district.
Section 321.350 - Election to vote on issuing bonds or creating indebtedness.
Section 321.360 - Form of ballot.
Section 321.370 - Results of election to be announced.
Section 321.380 - Percentage necessary to create indebtedness — subsequent submission.
Section 321.390 - Petition for dissolution of district — submission of question.
Section 321.400 - Circuit court may call for an election to determine dissolution of district.
Section 321.410 - Effect of dissolution — appointment of trustee.
Section 321.430 - Prior obligations remain valid.
Section 321.440 - When notice not given as required, procedure of court.
Section 321.450 - Cases arising under this chapter to be advanced on docket — courts always open.
Section 321.465 - Consolidated district, status — transfer of assets and liabilities.
Section 321.470 - Recording of order of consolidation — fee (constitutional charter counties).
Section 321.490 - Initiative and referendum authorized.
Section 321.495 - Form of petition.
Section 321.506 - Fire district may contract with private provider — ballot.
Section 321.556 - Repeal of sales tax, procedure, exceptions — ballot language.
Section 321.688 - Consolidation of districts — ballot language — effect of.
Section 321.700 - Dissolution of district, funds distributed to city, when.
Section 321.701 - Members of board subject to recall — exceptions.
Section 321.707 - Petition for recall, content.
Section 321.709 - Affidavit to be attached to each section of the petition — content.
Section 321.716 - Laws governing recall election, costs, how paid.