HB 0088 Recreation & Water Facility Districts
Sponsor:HEGEMAN Handling House Bill:QUICK
Committee:FINA LR Number:S0085.05T
Last Action:06/27/95 - Signed by Governor
Title:CCS#2/SCS/HCS/HB 88
Effective Date:August 28, 1995
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Current Bill Summary

CCS#2/SCS/HCS/HB 88 - Firstly, this act modifies the notice requirements for annexation by a public water supply district as follows:

(1) Publication of the proposed annexation will not be required if a majority of the landowners in the territory proposed to be annexed by the water district consent in writing to the annexation, and

(2) Notice of the public hearing is posted in three public places within the territory proposed to be annexed at least seven days before the hearing.

If publication of the notice of annexation is not required pursuant to this act, the court will only approve the annexation upon sworn testimony by at least five landowners in the territory, or by a majority of the landowners if there are fewer than ten landowners in the territory.

The county commission may delegate and assign responsibility for the control and operation of a sewer district to the board of trustees of the sewer district, subject to the board's acceptance of the delegation.

Secondly, this act authorizes the creation of a new political subdivision known as a Regional Recreational District which has the power to sue and levy taxes. A District is created by filing a petition with the county clerk of the county in which the majority of the proposed District is located. The petition must thereafter be reviewed by the governing body of the county, a public hearing must be held, and the proposed District must be put to a popular vote. Once a District has been duly organized and established, this act provides for the creation of a Board of Directors that will exercise control over the District.

The Board of a District may impose, after approval by the voters, an annual tax not to exceed 60 cents per year on each $100 of assessed valuation on all property within the District for the establishment and maintenance of public parks and recreational facilities and grounds within the boundaries of the District. This tax will be placed in a special recreational fund which shall be used by the Board to pay costs associated with the District.

The governing body of any municipality or county may impose, after approval by the voters, a sales tax in an amount not to exceed 1/2 percent on all retail sales made in the municipality or county in accordance with sections 144.010 through 144.525, RSMo. The funds raised by this sales tax shall be deposited in the Local Parks and Storm Water Control Sales Tax Trust Fund, shall not be considered state funds, and shall not be commingled with state funds. The taxes placed in the fund shall be used solely for providing funding for storm water control and for local parks within the municipality or county.

Thirdly, this act provides for the creation of Sewage or Storm Water Facility Improvement Districts in Greene County. Allowed improvements to sewage or storm water facilities include acquiring property, improving streets and sidewalks, storm drains, sewer systems, water works systems, bridges and parking facilities.

A district may be formed after the voters in a proposed district approve a resolution submitted by the county governing body. The election notice shall describe the proposed improvement, cost, boundaries of the district, and method of assessment of costs upon the district. If the boundaries of the sewage or storm water districts are identical, the resolutions may be submitted as a single issue, otherwise, separate approval of sewage or storm water districts is required.

Maintenance assessments may be levied upon approval by district voters. To pay for the improvements, assessments are apportioned in accordance with the benefits accruing from the improvement to the district property. Assessments shall be ordered by the county governing body, after holding a public hearing, and assessment notices shall be mailed by the county clerk to affected property owners annually along with general property tax assessments. The assessments may be appealed as provided in Chapter 138, RSMo.

The county governing body may issue bonds or temporary notes up to the cost of the improvement as general obligations of the county. The temporary notes and general obligation bonds issued by the county shall be a liability of the sewage or storm water facility improvement district and shall be repaid by assessments. Money from the sale of such bonds or notes shall be maintained in a separate account of the county treasury. The total indebtedness incurred in a county for improvements under this act shall not exceed ten percent of the assessed valuation of all taxable tangible property in the district.

Lastly, voters served by the Metropolitan Sewer District in St. Louis County may impose a service fee of up to $28 per year on residential property having six or less dwelling units. Such fees may be added to the general tax levy bills of property owners within the city, town, village or unincorporated area of the county. Also contained in CCS/SS#2/HCS/HBs 484, 199 & 72.

This act contains language from HB 713, SCS/HCS/HB 88, SCS/SB 359, and HCS/HB 223. See also Truly Agreed To SB 228. RONALD J. LEONE