Section 278.280

Title XVII AGRICULTURE AND ANIMALS

Chapter 278

Effective - 28 Aug 2001   

  278.280.  Projects, how financed — special assessment appraisers, duties, compensation — assessment resolution, hearings — election — bonds — special levy. — 1.  When a plan of work is approved the ^* trustees of the watershed district, pursuant to section 278.240, shall then by resolution propose that the cost of all works of improvement contemplated in the plan be paid either by a general levy against all real estate in the watershed district, subject to the limitations of section 278.250, or that such cost be paid by special assessment against lands within the watershed district to be benefitted by the installation of the proposed works of improvement, or that such cost be paid by both such general levy and special assessment stating the portion to be paid by each method.

  2.  If the resolution of financing provides that all or any part of the cost of the works of improvement is to be paid by special assessment of benefits the trustees of the watershed district, pursuant to section 278.240, shall appoint three appraisers, who shall be residents of the state of Missouri, and who shall not be landowners in such watershed district, who shall recommend apportionment of the special assessment to the tracts of land which will receive benefits from the installation of the works of improvement proposed in the plan of work.  The appraisers shall have access to all available engineering reports and data pertaining to the works contemplated and may request additional legal counsel or engineering data from a registered professional engineer as found necessary to carry out their duties.

  3.  The appraisers shall proceed to view the premises and determine the value of all land or other property within or without the watershed district, to be acquired and used for rights-of-way or other works set out in the plan of work; they shall assess the amount of benefits, and the amount of damage if any, that will accrue to each governmental lot, forty-acre tract or other subdivision of land according to ownership, railroad and other rights-of-way, railroad roadways, and other property from carrying out and putting into effect the plan of work heretofore adopted, and shall make written reports of their findings to the trustees of the watershed district.  Each appraiser so appointed shall be paid for his or her services and necessary expenses.

  4.  Upon receiving the report from the appraisers, the trustees of the watershed district, pursuant to section 278.240, shall prepare a resolution which shall contain a list of the tracts of land found to be benefitted and the amount of assessment to be levied against each such tract, except that no such assessment against any tract of land shall exceed the estimated benefits to such land by such project.  Such tracts of land shall be legally described and the names of the owners thereof shall be set forth beside the description of each tract so listed.  After adopting such resolution the trustees of the watershed district, pursuant to section 278.240, shall fix a time and place for hearing any complaint that may be made as to the benefit to any tract of land appraised, notice of which hearing shall be given by the secretary by publication pursuant to section 278.190.  The board of^** trustees at the hearing may alter the benefits to any tract if, in its judgment, the same has been appraised too high or too low.  The hearing shall be conducted in the manner set forth in section 278.200.  The trustees of the watershed district, pursuant to section 278.240, shall immediately after the hearing pass a resolution fixing the benefit assessment as to each tract of land.

  5.  After the resolution fixing the benefit assessment has been adopted the trustees of the watershed district, pursuant to section 278.240, shall submit the proposal for collection of such assessed benefits to the owners of the lands so assessed for approval and if bonds are to be issued the amount of the issue so proposed, the rate of interest, and the amount of any necessary tax levy in excess of the amount authorized in section 278.250.  If two-thirds of the owners of such lands voting favor the proposal as submitted, it shall be adopted.  The provisions of sections 278.190 to 278.210 as to notice and procedure shall apply to the referendum held pursuant to this section.

  6.  The trustees of the watershed district, pursuant to section 278.240, shall make the necessary general levy against all real estate in the watershed district and the special assessment against lands within the watershed district to be benefitted by the improvement and shall certify the rate of levy and the amount of the special assessment to the county commission of the county or counties in which the watershed district is located with directions that at the time and in the same manner required by law for the levy of taxes for county purposes the county commission shall levy a tax at the rate so fixed and determined upon the assessed valuation of all real estate within the watershed district and shall levy the amount of the special assessment, in addition to such other taxes as are levied by the county commission.

  7.  The bond issue, authorized by this section in whole or part, may be offered for sale to the United States Department of Agriculture's Rural Development or other federal agency without public offering or the securing of competitive bids on such bond offering.

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(L. 1967 p. 376, A.L. 1972 H.B. 920, A.L. 1977 H.B. 457, A.L. 1990 H.B. 1070, A.L. 2001 S.B. 462)

*Word "the" appears in original rolls.

**Word "or" appears in original rolls.