Section 321.320

There are multiple enactments of 321.320

Title XXI PUBLIC SAFETY AND MORALS

Chapter 321

Effective - 01 Jun 2018, 2 histories, see footnote   

  *321.320.  Property in city of 40,000 inhabitants not wholly within district, to be excluded — requirements for certain annexed areas (Boone, Jackson, Jefferson, St. Charles, St. Louis counties) — exceptions (Crystal City, Festus, Herculaneum). — 1.  Except as otherwise provided in this section, if any property, located within the boundaries of a fire protection district, is included within a city having a population of forty thousand inhabitants or more, which city is not wholly within the fire protection district, and which city maintains a city fire department, the property is excluded from the fire protection district.

  2.  Notwithstanding any provision of law to the contrary, unless otherwise approved by a majority vote of the governing body of the municipality and a majority vote of the governing body of the fire protection district, or otherwise approved by a majority vote of the qualified voters in the municipality and a majority vote of the qualified voters in the fire protection district, a fire protection district serving an area included within any annexation by a municipality located in any county of the first classification with more than one hundred fifty thousand but fewer than two hundred thousand inhabitants, or an area included within any annexation by a municipality in a county having a charter form of government, approved by a vote after January 1, 2008, including simplified boundary changes, shall, following the annexation:

  (1)  Continue to provide fire protection services, including emergency medical services to such area;

  (2)  Levy and collect any tax upon all taxable property included within the annexed area authorized under chapter 321;

  (3)  Enforce any fire protection and fire prevention ordinances adopted and amended by the fire protection district in such area.

  3.  All costs associated with placing an annexation on the ballot within a municipality that involves an area that is served by a fire protection district shall be borne by the municipality.

  4.  The provisions of subsections 2 and 3 of this section shall not apply to:

  (1)  Any city of the third classification with more than four thousand five hundred but fewer than five thousand inhabitants and located in any county with a charter form of government and with more than two hundred thousand but fewer than three hundred fifty thousand inhabitants;

  (2)  Any city of the fourth classification with more than three thousand but fewer than three thousand seven hundred inhabitants and located in any county with a charter form of government and with more than two hundred thousand but fewer than three hundred fifty thousand inhabitants; and

  (3)  Any city of the third classification with more than eleven thousand five hundred but fewer than thirteen thousand inhabitants and located in any county with a charter form of government and with more than two hundred thousand but fewer than three hundred fifty thousand inhabitants.

  5.  Notwithstanding any other provision of law to the contrary, the residents of an area included within any annexation by a municipality located in any county of the first classification with more than one hundred fifty thousand but fewer than two hundred thousand inhabitants, or an area included within any annexation by a municipality in a county having a charter form of government, approved by a vote after January 1, 2008, may vote in all fire protection district elections and may be elected to the fire protection district board of directors.

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(L. 1949 p. 540 § 32a, A.L. 1957 p. 723, A.L. 1961 p. 553, A.L. 1969 H.B. 322, A.L. 2018 H.B. 1446)

Effective 6-01-18

*Revisor's Note: This section was declared unconstitutional in City of De Soto v. Parson, see 2021 annotation below.

(2021) Provisions contained in HB 1446 from 2018 declared unconstitutional as that bill violated the single subject requirement of Article III, Section 23 of the Missouri Constitution.  City of De Soto v. Parson, 625 S.W.3d 412 (Mo.banc).