SB 1152 Reorganizes common sewer districts
LR Number:4253S.04C Fiscal Note:4253-04
Committee:Commerce and Environment
Last Action:03/18/04 - Removed S Consent Calendar Journal page:S706
Title:SCS SB 1152
Effective Date:August 28, 2004
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Current Bill Summary

SCS/SB 1152 - The changes made to the substitute involved exempting first class or charter counties from the provisions in the act, and clarifying that in the case that petitions filed and heard before the county commission are ruled against, no further action can be taken on the proposed district before the commission or in front of the circuit court.

SECTION 204.600 - This act allows any sewer organized and existing under current law to convert to a reorganized common sewer district.

SECTION 204.602 - This act details the procedural guidelines for the formation of a new reorganized common sewer district and directs that any such petition be accompanied by a deposit as well as at least fifty signatures from voters and/or property owners living within the proposed district. Public notice of such a petition shall be given in some newspaper of general circulation in the county which the proceedings are being held and the date of those proceedings. The notice shall then signed by the clerk of the circuit court and published in three successive issues of a weekly newspaper once a week for three consecutive weeks.

Exceptions to the proposed district can be made by any voter or property owner living within the proposed district, provided those exceptions are filed no less than five days prior to the petition's hearing date. Procedural guidelines for exceptions are also laid out in the act.

The court has authority to find in favor of the formation or against, if the decision is positive, the court shall then appoint five voters from the district to constitute the first board of trustees for the district. The decree of incorporation shall not become final until it has been submitted to the voters living within the proposed district, decided by a majority of those voters, and ultimately declared incorporated by the court.

Once a reorganized sewer district has been incorporated, the boundaries of such district can be extended from time to time provided the initiative to do so has come from the board of trustees and/or the voters living within the district. Procedural guidelines are laid out in this act for such an extension.

The board of trustees may petition the court to allow the district to engage in the construction, maintenance and operation of water supply and distribution facilities.

SECTION 204.604 - This act details the procedural guidelines for the conversion of an existing sewer district into a new reorganized common sewer district, as well as public notice requirements and exceptions to the proposed conversion.

SECTION 204.606 - This act clarifies that any conversion shall not affect the bonded indebtedness or security interest of any creditor of any existing common sewer district, and that all covenants and obligations shall remain in full force and effect.

SECTION 204.608 - This act states that after a decree of incorporation has been issued, the reorganized common sewer district is considered in law and equity to be a body corporate subject to all the advantages and disadvantages included therein. A reorganized common sewer district, under this act, shall have exclusive jurisdiction and authority to provide wastewater collection and treatment services within the boundaries of the district.

SECTION 204.610 - This act details the powers, compensation, terms, and membership of the board of trustees.

SECTION 204.612 - The board shall have no power to levy or collect taxes in order to pay general obligation bonds.

SECTION 204.614 - This act details the issuance of general obligation bonds from the reorganized common sewer district.

SECTION 204.616 - The board of trustees shall have the power to pass all necessary rules for the reorganized common sewer district. Such rules and regulations shall be enforceable by civil or administrative actions.

SECTION 204.618 - The power of the board to contract and/or enter into agreements is detailed in the act. Under this act, the board has the authority to declare the violation of its rules to be a misdemeanor punishable by fines or other civil remedies available in law. Other powers of the board are laid out here - creating procedural remedies for persons affected by the permitting process, provide for the operation of the district's treatment facilities and pretreatment programs.

SECTION 204.620 - The powers of the board with regard to purchasing, leasing or renting property as well as the power to enter private land for surveying purposes are detailed here.

SECTION 204.622 - The board shall have the authority to enter into contracts for the districts, for both construction projects as well as professional services.

SECTION 204.624 - This act lays out the sources of payments for obligations entered into by the board with regard to acquiring, constructing, improving, or extending a sewer system.

SECTION 204.626 - This act details the issuance of revenue bonds for the reorganized common sewer district.

SECTION 204.628 - This act details the collection of fees and charges by the reorganized common sewer districts.

SECTION 204.630 - It shall be the mandatory duty of any reorganized common sewer district to collect sufficient revenues in order to maintain the operation of the district. The rates of the district shall be revised from time to time to meet the requirements set forth in the act.

SECTION 204.632 - Net revenue for the reorganized common sewer district is detailed here.

SECTION 204.634 - The board has authority to establish various accounts by resolution.

SECTION 204.636 - The board has the authority to refund bonds.

SECTION 204.638 - The board may apply for and accept grants, funds, materials or labor from the state and/or federal government for the construction of a sewerage system.

SECTION 204.640 - The responsibility to render all services necessary to carry out the provisions of the act lies with local government officials.

SECTION 204.650 - Definitions

SECTION 204.652 - Any reorganized common sewer district or metropolitan sewer district organized pursuant to chapter 204 or 249 RSMo, may make improvements which confer benefits upon property within a sanitary sewer improvement area. The boards of such districts may incur indebtedness and issue temporary notes to pay for a portion or the entirety of such improvement projects.

SECTION 204.654 - Procedural guidelines for establishing a sanitary sewer improvement area are detailed in this act.

SECTION 204.656 - The apportionment of assessments is dealt with in this act.

SECTION 204.658 - The assessment process is detailed.

SECTION 204.660 - The hearings needed before such improvement projects are entered into are dealt with as well as the process which bears the final assessments for said projects.

SECTION 204.662 - There is a limitation on suits made to set aside assessments.

SECTION 204.664 - The process for correcting assessments is dealt with in this act.

SECTION 204.666 - Assessments authorized pursuant to this act shall constitute a lien against such property until paid in full.

SECTION 204.668 - Temporary notes and bonds may be issued by the trustees of the district to pay the costs of such improvement.

SECTION 204.670 - Separate funds or accounts shall be created by the district for each improvement project.

SECTION 207.672 - Any sewer district may enter into a cooperative agreement with a city or county for the purposes of constructing sanitary sewer system improvements.

SECTION 204.674 - Adds language that explicitly excludes section 204.472 RSMo, from the provisions in this act.