HOUSE BILL NO. 3371 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE TAYLOR (84).
7306H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 247.031, RSMo, and to enact in lieu thereof three new sections relating to public water supply districts.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 247.031, RSMo, is repealed and three new sections enacted in lieu 2 thereof, to be known as sections 247.031, 247.033, and 247.229, to read as follows: 247.031. 1. Territory included in a district that is not being served by such district 2 may be detached from such district provided that there are no outstanding general obligation 3 or special obligation bonds and no contractual obligations of greater than twenty-five 4 thousand dollars for debt that pertains to infrastructure, fixed assets or obligations for the 5 purchase of water. If any such bonds or debt is outstanding, and the written consent of the 6 holders of such bonds or the creditors to such debt is obtained, then such territory may be 7 detached in spite of the existence of such bonds or debt, except such consent shall not be 8 required for special obligation bonds if the district has no water lines or other facilities located 9 within any of the territory detached. Detachment may be made by the filing of a petition with 10 the circuit court in which the district was incorporated. The petition shall contain a 11 description of the tract to be detached and a statement that the detachment is in the best 12 interest of the district or the inhabitants and property owners of the territory to be detached, 13 together with the facts supporting such allegation. The petition may be submitted by the 14 district acting through its board of directors, in which case the petition shall be signed by a 15 majority of the board of directors of the district. The petition may also be submitted by voters 16 residing in or by landowners owning land in the territory sought to be detached. If there are 17 more than ten voters and landowners in such territory, the petition shall be signed by five or
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3371 2
18 more voters or landowners within the territory; if there are less than ten voters and 19 landowners within such territory, the petition shall be signed by fifty percent or more of the 20 voters and landowners within the territory. In the event there are no voters living within such 21 territory proposed to be detached, then the petition may be submitted by owners of more than 22 fifty percent of the land in the territory proposed to be detached, in which case said petition 23 shall be signed by the owners so submitting the petition. In the event the petition is not 24 submitted by the district acting through its board of directors, the petitioner shall name the 25 district as a defendant and serve a copy of the petition upon the district by certified or 26 registered mail with a return receipt requested at least thirty-five days before the date of the 27 hearing of the petition. 28 2. Such petition shall be filed in the circuit court having jurisdiction and the court 29 shall set a date for hearing on the proposed detachment and the clerk of the circuit court shall 30 give notice of the filing of the petition and the hearing to the district by certified or registered 31 mail with a return receipt requested if the district is not the petitioner, and in a newspaper of 32 general circulation in the county in which the proceedings are pending and in a newspaper of 33 general circulation in the territory proposed to be detached. Such notice shall be published in 34 three consecutive issues of a weekly newspaper, or in lieu thereof, in twenty consecutive 35 issues of a daily newspaper. The last insertion of the notice shall be made not less than seven 36 nor more than twenty-one days before the hearing date. Such notice shall be substantially as 37 follows: 38 IN THE CIRCUIT COURT OF ______ COUNTY, MISSOURI 39 NOTICE OF THE FILING OF A PETITION 40 FOR TERRITORIAL DETACHMENT FROM 41 PUBLIC WATER SUPPLY DISTRICT NO. ______ 42 OF ______ COUNTY, MISSOURI. 43 To all voters and landowners of land within the boundaries of the 44 above-described district: 45 You are hereby notified: 46 1. That a petition has been filed in this court for the detachment of 47 the following tracts of land from the above-named public water 48 supply district, as provided by law: 49 (Describe tracts of land). 50 2. That a hearing on said petition will be held before this court in __ 51 ____ on the ______ day of ______, 20______, at ______, _____ 52 _.m. 53 3. Exceptions or objections to the detachment of said tracts from 54 said public water supply district may be made by the district or HB 3371 3
55 any voter or landowner of land within the district from which 56 territory is sought to be detached, provided such exceptions or 57 objections are in writing, specify the grounds on which they are 58 made, and are filed with the court not later than five days prior to 59 the date of the hearing of the petition. 60 4. The names and addresses of the attorneys for the petitioner are: 61 _______________ 62 Clerk of the Circuit Court of 63 ______ County, Missouri 64 3. The court, for good cause shown, may continue the case or the hearing thereon 65 from time to time until final disposition thereof. 66 4. Exceptions or objections to the detachment of such territory may be made by any 67 voter or landowner within the boundaries of the district, including the territory to be detached. 68 In the event the petition is not submitted by the district acting through its board of directors, 69 the district may file exceptions or objections. Exceptions or objections shall be in writing, 70 shall specify the grounds upon which they are made, and shall be filed not later than five days 71 before the date set for hearing the petition. In considering the petition for detachment, the 72 court shall take into consideration the evidence in support of and opposition to the petition, 73 including such exceptions and objections. If the court finds that the detachment will be in the 74 best interest of the district and the inhabitants and landowners of the area to be detached will 75 not be adversely affected or if the court finds that the detachment will be in the best interest of 76 the inhabitants and landowners of the territory to be detached and will not adversely affect the 77 remainder of the district, it shall approve the detachment and grant the petition. 78 5. If the court approves the detachment, it shall make its order detaching the territory 79 described in the petition from the remainder of the district, or in the event it shall find that 80 only a portion of said territory should be detached, the court shall order such portion detached 81 from the district. The court shall also make any changes in subdistrict boundary lines it 82 deems necessary to meet the requirements of sections 247.010 to 247.220. Any subdistrict 83 line changes shall not become effective until the next annual election of a member of the 84 board of directors. 85 6. A certified copy of the court's order shall be filed in the office of the recorder of 86 deeds and in the office of the county clerk in each county in which any of the territory of the 87 district prior to detachment is located, and in the office of the secretary of state. Costs of the 88 proceeding shall be borne by the petitioner or petitioners. 89 7. The provisions of this section shall not apply to specific demand customers 90 requesting detachment under the provisions of section 247.033. HB 3371 4
247.033. 1. As used in the section, the term "specific demand customer" shall 2 mean any customer with quantity and quality requirements that differ from the typical 3 customer of the public water supply district and may exceed the capabilities of the 4 public water supply district. 5 2. (1) Customers shall, when requesting service from a public water supply 6 district, inform the district of the quantity and quality of water the customer will 7 require. 8 (2) Upon receipt of a request for service from a customer, the public water 9 supply district shall respond within sixty days, informing the customer whether the 10 public water supply district can meet the requested quantity and quality of water within 11 a reasonable time frame and at a reasonable cost. For the purposes of this section, 12 "reasonable time frame" shall mean a period of time that does not create an undue 13 burden on the specific demand customer and "reasonable cost" shall mean a cost per 14 quantity and quality that is comparable to similar customers within the public water 15 supply district and may include actual costs incurred by the public water supply district. 16 (3) A specific demand customer may bring a challenge in a court of competent 17 jurisdiction on the basis of unreasonable time frame or unreasonable cost. If the court 18 finds in favor of the specific demand customer, the court shall enforce a reasonable time 19 frame and reasonable cost for service or allow the specific demand customer to detach 20 from the public water supply district. 21 3. (1) If the public water supply district declines or is unable to provide service 22 to a specific demand customer, the specific demand customer may provide the public 23 water supply district with a notice of intent to detach and shall be allowed to detach, 24 except as provided in subdivision (2) of this subsection. 25 (2) If the public water supply district is prevented from granting detachment as 26 a result of any federal loans, as described in subsection 1 of section 247.031, the public 27 water supply district shall not delay payment of such loan or enter into new loan 28 agreements until such specific demand customer is offered the opportunity to detach 29 from the public water supply district. 30 4. Specific demand customers may elect to pay the outstanding balance of any 31 federal loans of the public water supply district that prevent detachment. The specific 32 demand customer shall inform the district of the customer's intent to satisfy the federal 33 loan and detach from the public water supply district and the public water supply 34 district shall apply any moneys received from the specific demand customer to such 35 loans immediately upon receipt. 247.229. 1. If a public water supply district organized under the provisions set 2 forth in sections 247.010 to 247.220 has an outstanding debt owed to or guaranteed by HB 3371 5
3 the United States government or any agency thereof, the board of directors of such 4 district shall accept any gift, donation, or bequest of money made to the district for the 5 payment of debt, unless acceptance of the gift, donation, or bequest would be in 6 violation of current law, or the fulfillment of the terms of the gift, donation, or bequest 7 are in violation of current law. 8 2. Monetary gifts, donations, or bequests accepted by the board of directors 9 pursuant to subsection 1 of this section shall be applied first to the payment or 10 prepayment of any outstanding debt of the district that is owed to or guaranteed by the 11 United States government or any agency thereof, if the gift, donation, or bequest was 12 given for that purpose. Monetary gifts, donations, or bequests that are given without a 13 designated purpose may be used at the discretion of the board. 14 3. If the amount of any such monetary gift, donation, or bequest exceeds the 15 amount necessary to pay or prepay all outstanding debt owed to or guaranteed by the 16 United States government or any agency thereof, the board of directors may apply the 17 excess funds as otherwise authorized by current law. 18 4. If no such debt exists at the time the gift, donation, or bequest is received, or if 19 the donor has expressly directed the application of the gift, donation, or bequest to 20 another purpose, the board of directors may apply the funds as otherwise authorized by 21 current law. 22 5. The board of directors shall maintain records of all monetary gifts, donations, 23 or bequests received and the application thereof, and shall make such records available 24 for public inspection upon request. 25 6. Any person or entity may, at any time, tender payment in full or in part of any 26 outstanding debt of the district that is owed to or guaranteed by the United States 27 government or any agency thereof, for the benefit of the district. The board of directors 28 shall take all actions necessary to authorize and facilitate the acceptance and application 29 of any such payment to the indebtedness, provided that the payment is made without 30 condition, restriction, or requirement for consideration or performance by the district, 31 other than the application of the payment toward the indebtedness. The board of 32 directors shall not reverse, cancel, reject, or otherwise interfere with the application of 33 such payment to the debt obligation, and, if required, shall obtain any United States 34 approval necessary for the application of such payment. ✔
Statutes affected: