Pre-filed December 21, 1995, and 1,000 copies ordered printed.

Read 2nd time January 8, 1996, and referred to the Committee on Agriculture and Local Government.

Reported from the Committee February 5, 1996, with recommendation that the bill do pass and be placed on the Consent Calendar.

Taken up February 15, 1996. Read 3rd time and placed upon its final passage; bill passed.

TERRY L. SPIELER, Secretary.

S2542.01P

To repeal section 249.763, RSMo 1994, relating to sewer districts and to enact in lieu thereof two new sections relating to the same subject.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Section 249.763, RSMo 1994, is repealed and two new sections enacted in lieu thereof, to be known as sections 249.763 and 249.774, to read as follows:

249.763. Any contiguous area lying within a second [class] classification county or any contiguous area lying within a county of the second classification, together with a contiguous area not presently served by a public sewage system within an incorporated city, may be incorporated as a sewer district as follows: Ten percent of the voters within the area may file with the circuit court a petition setting forth the reason or necessity for a sewage treatment facility and a sewer system; the boundary lines of the proposed district; the names of the owners of real property within the district; and the name of the proposed district. The petition shall specify whether the board of supervisors shall be elected or appointed. A bond shall be filed with the petition in a sum to be determined by the court but not in excess of five hundred dollars, payable to the state, signed by one or more of the petitioners with sufficient surety or sureties to be approved by the court, conditioned upon the payment of costs and expenses.

249.774. Following establishment of a sewer district with an appointed board, the chief executive officer of the city shall appoint two members and the county commission shall appoint three members to the sewer district board of directors. The board members shall serve without compensation for terms of four years and until their successors are appointed and qualified; provided, however, that of the initial appointments by the mayor one shall be for a term of one year and one shall be for a term of two years and of the initial appointments by the county commission, one shall be for one year, one for two years and one for three years. A vacancy shall be filled by the mayor or the county commission depending on who made the initial appointment.