|SB 0723||Miscellaneous Powers of County Government|
|LR Number:||L2362.17T||Fiscal Note:||2362-17|
|Committee:||Agriculture and Local Government|
|Last Action:||07/03/96 - Vetoed by Governor|
|Title:||HCS/SS/SCS/SBs 723 & 891|
|Effective Date:||August 28, 1996|
HCS/SS/SCS/SB 723 & 891 - This act makes the following changes concerning county governance:
(1) Salary Commission members who are absent without permission shall be counted as voting with the majority.
(2) The Commission shall meet every fourth year after 1993 and may meet otherwise as the Commission may direct. Currently, the Commission must meet at least once every odd numbered year.
(3) County officers shall receive the same percentage increase. Currently, county officers must receive the same percentage of the maximum allowable compensation.
(4) The Commission may change the compensation of county officers in a gradual manner over the term of office.
(5) Compensation for county officers shall be set as a group. Changes in assessed valuation or population which would cause a change in any officer's compensation shall cause such change notwithstanding any action or nonaction of the Commission. County officers may receive the same cost-of-living adjustment given to other county employees.
COMMON LAW LIENS
This act prohibits "nonconsensual common law liens", which are: liens without express support in state or federal law; not dependent upon the consent of the owner; and or not an equitable or constructive lien imposed by a court of competent jurisdiction. This provision has an emergency clause.
The governing body of any county, city, town or village is authorized to enact ordinances providing for the demolition of buildings which have been declared to be a public nuisance. Farm buildings and structures located on at least a three acre tract which is located in an unincorporated area are exempted from this section.
NEIGHBORHOOD IMPROVEMENT DISTRICT (NID)
(1) Requires the bonds issued to pay for the cost of the improvement to be based on a competitive selection process for projects up to and including $1 million. For projects in excess of $1 million, the bonds issued shall be based on competitive bids. A competitive selection process shall mean the utilization of a formal written request for proposals and shall require the establishment of certain selection criteria.
(2) Allows for a levy against property in the district to pay maintenance costs prior to the retirement of the bonds which were issued for the original improvements. Currently, maintenance costs may only be recouped through an annual assessment after the bonds are retired.
(3) Requires that the petition to form a NID be signed by at least 2/3 of the owners of record and 2/3 of the owners of property by area in the proposed NID, exclusive of property owned by the State or a political subdivision. Currently, the owners of record of at least 2/3 by area must sign the petition. The petition shall be the exclusive procedure to form a district which proposes to improve a county road in an unincorporated area of a second, third or fourth classification county except that the county commission may place the issue on the ballot upon receiving a petition signed by 4/7 of the voters in the proposed district.
(4) Removes the "per front foot or per square foot" language. This would not prohibit the use of a per foot measurement, but it clarifies that whatever plan the governing body adopts must result in imposing substantially equal burdens upon the property in the district.
(5) Requires the notice of the public hearing to be published at least three times with at least one notice being not more than 20 days and not less than 10 days before the hearing. Currently, the notice must be published only once. The NID must reimburse the clerk's office for the cost of the advertisement. Individual notices must still be mailed to all property owners in the proposed district.
(6) The total amount of the bonded indebtedness is limited to 40% of the assessed valuation of the proposed NID if less than the entire city or county votes on the question of incurring bonded indebtedness. If the bonded indebtedness question is submitted to all of the qualified voters residing within such city or county, the limit on the total amount of the permissible bonded indebtedness for the NID is raised to the assessed value of the proposed NID. Currently the limit is 10% of the assessed valuation of the city or county.
(7) Allows the option to finance a NID through an annual levy against the assessed valuation of the property in the NID.
A third class city council may issue and negotiate interest bearing revenue bonds on city facilities.
REDEVELOPMENT AND URBAN RENEWAL PLANS
Notice of public hearings on any redevelopment or urban renewal plan must be published once each week for three weeks.
REGISTRATION OF NON-RESIDENT LANDLORD
Jackson County is authorized to adopt orders or ordinances which shall require any residential property owner, who is not a resident of Missouri, the landlord or the agent of the landlord, who must be a Missouri resident, to register with the County Clerk's office. The registration information shall include the location of property owned by the landlord and the name and address of the person who manages such property. Such agent shall be authorized to accept service of process for the landlord. Any landlord or agent violating these provisions is guilty of a Class A misdemeanor and is subject to a fine of up to $500 for a first offense and $1,000 for any second or subsequent offense. These provisions shall terminate on August 28, 2001.
REMOVAL OF BOARD MEMBERS
The county commission of any county may replace any member
of any board over which the commission has authority to appoint
members for failing to attend meetings of the board.