SB 896 - This act modifies the methods in which certain special road districts may form, expand or dissolve within counties of the fourth classification.
Under current law, a special road district may be organized within cities and towns containing less than 100,000 inhabitants under Sections 233.010 to 233.165, provided the territory of the special road district does not exceed 8 square miles. Under the proposed act, the 8 mile square territorial restriction on certain city or town special road districts will not apply to special road districts organized with counties of the fourth classification.
Under current law, the boundaries of special road districts may be extended under Sections 233.010 to 233.165 if a petition is signed by not less than 35 voters in the old district and not less than 50% of the voters in the territory proposed to be taken into the special road district. This act modifies the amount of signatures required from the voters in the proposed new territory. In the territory proposed to be taken into the special road district, the act requires the petition to be signed by not less than the lesser of 35 voters or 50% of the voters. This proposed modification is not limited by county classification.
Under current law, special road districts that are extended under Sections 233.010 to 233.165 may only be extended if the territory does not exceed 17 square miles after its extension. This act removes this restriction with respect to fourth class counties.
This act allows proposed special road districts organized under Sections 233.170 to 233.315 to be formed by an election within fourth class counties. Under current law, such special road districts are formed by a petition process in which landowners in the proposed special road district petition the county commission for its creation. This act allows 50 voters in a proposed special road district to file a petition with the county commission to submit the district's creation to a vote of the people.
This act provides an alternative method for dissolving a special road district organized under Sections 233.170 to 233.315 within fourth class counties. Under current law, a landowner within such a road district may file a petition with the county commission requesting that the road district be dissolved. Under this act, if a petition requesting the dissolution of the district is signed by 50 voters is presented to the county commission, the county commission shall submit the issue to the voters of the special road district. A petition to dissolve a district may not be presented until the expiration of four years from the date of road district’s establishment or from the date of the last election seeking to expand or dissolve the special road district. A dissolution of a road district shall not effect the validity of any bonds issued by the district nor effect the validity of special assessments or taxes levied against parcels of land within the district.
The act allows a special road district organized under Sections 2133.170 to 233.315 to be expanded or extended by election within fourth class counties. Under the act, not less than 35 voters in the old district and the lesser of 35 voters or 50% of the voters in the proposed area to be added to the special road district may petition the county commission to have the expansion issue submitted to the voters.
STEPHEN J. WITTE