SB 0809 Revises method of adjusting municipal boundaries in St. Louis and Jackson Counties
Sponsor:Klarich
LR Number:L3512.09T Fiscal Note:3512-09
Committee:Local Government and Economic Development
Last Action:06/30/98 - Signed by Governor Journal page:
Title:CCS#2 HCS SB 809
Effective Date:August 28, 1998
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Current Bill Summary

CCS#2/HCS/SB 809 JACKSON COUNTY This act allows unimproved real property which overlaps two municipalities in Jackson county to chose in which municipality to be located. It requires the receiving municipality to approve the choice, but removes the requirement, only for Jackson County, that the contributing municipality approve. No judgment or election is required if the affected landowners receive notification and do not object within 60 days.

A dispute resolution mechanism is in place for Jackson County (Section 71.860) and would apply to disputed overlap properties should the contributing municipality object by ordinance.

ST. LOUIS COUNTY The act changes the qualifications of the St. Louis County Boundary Commission employees to the same restrictions as members of the commission, which currently excludes officers, employees and contractors of political subdivisions.

The act allows the St. Louis County Boundary Commission to allow the proposing agent of a boundary change to make minor changes to the proposal. The act also now restricts the process of a simplified boundary change under Section 72.405(6) to now only require signatures of residential voters in the affected area, where current law specifies only "owners". It also expands the ability to transfer under this section from inter- municipality, to now include municipality/county transfers.

Section 72.407 changes the population requirements of a "unincorporated pocket" from a population of less than 5,000, to less than 2,500.

Section 72.408 is a new section which requires portions of land containing more than 60% of a previously disapproved boundary changes to be left out of other proposed boundary changes for at least 2 years after the disapproval. The new section also sets a time limit to gathering petition signatures of 280 days after the first signature.

Clarifies that a boundary change vote be conducted in both the affected areas and the receiving area.

Section 72.422 is a new section which allows unincorporated lands to remain unincorporated so long as: 1) A petition signed by 15% of gubernatorial voters in the area is given to the St. Louis County Boundary Commission; 2) A legal description accompanies the petition; 3) The area has a population of not less than 2,500; 4) The county governing body determines within 30 days of petition filing that it is appropriate and reasonable to remain unincorporated; 5) Voter approval.

Petitions filed under this section take precedence over any other boundary proposal affecting the same area. Other boundary proposals shall not take effect until the unincorporated proposal is voted upon.

GENERAL INCORPORATION Section 72.080 adds that a petition against incorporation will be held to the same standard as Section 72.403 (setting forth numerous factors such as impact on tax base and availability of low income housing), and gives the judge the power to enjoin the incorporation.
CHARLES HATCHER