Section 256.660

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 256

Effective - 28 Aug 1992   

  256.660.  Disincorporation of district, procedure. — 1.  Disincorporation of the district may be accomplished by a vote therefor on the submission of the question to the qualified voters of the district.  The submission is initiated as follows:

  (1)  When the commission determines the disincorporation is desirable after a hearing on the subject is held, provided that notice of such hearing is made by publication setting a time for the hearing and citing the reasons for the proposed need to disincorporate, and the commission makes its decision for disincorporation within thirty days after the hearing is concluded, and on such decision calls forthwith for a disincorporation election; or

  (2)  When five percent or more of the qualified voters from each of a majority of the counties within the district petition the commission for a disincorporation election.  The determination of the validity of the petition signatures shall be made by the election district of each county.  When the election district determines that the petition is valid, the commission shall call a hearing as on its own motion to disincorporate.  After the hearing is concluded with no withdrawal of the petition as provided for in this section, the commission shall notify the county clerks of all counties in the district, who shall submit the question to the qualified voters of the district.

  2.  A majority of petitioners on a disincorporation petition may withdraw the petition and thereby terminate the proceedings at any time before the hearing is concluded.

  3.  The question shall be submitted in substantially the following form:

Shall the Southeast Missouri Regional Water District be disincorporated?

  4.  A vote of a majority of those voting is required for disincorporation.

  5.  When disincorporation is voted as provided in this section, the commission shall certify the result to the court, whereupon the court shall appoint a competent person from within the district as receiver.  The receiver shall have, under order of the court, such powers and responsibilities, as such would apply to this section, as provided by law for receivers in the liquidation of general and business corporations and shall be considered, for the purpose of sections 256.643 to 256.660, to be an officer of the district.  Upon appointment of a receiver by the court, the power and authority of the commissioners of the district to function as the commission of the district ceases, and the offices of commissioners terminate, subject to whatever orders the court may issue for securing the aid of the commissioners in liquidation of the district.

  6.  When the receiver has closed the affairs and paid all debts of the district, he shall, subject to any further and necessary orders of the court, take action as follows:

  (1)  Pay to the county commission of each county within the district the money remaining in his hands, on the basis of a pro rata to each county commission as the fees paid from each county to the district in the last full year of district fee collection under the commission relate to the total district fee collection in said year;

  (2)  File all data, plans and other official records of the district with the clerk of the court, which records shall be matters of public record available to any interested person.

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(L. 1992 S.B. 661 & 620 § 29)