Section 260.305

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

Effective - 19 Jun 1992, see footnote   

  260.305.  Creation of district, procedures — boundaries, limitations — petition to establish — district a body corporate and politic, when — election. — 1.  A solid waste management district may be created and incorporated in each solid waste management region as provided in sections 260.300^* to 260.345 and may exercise the powers granted to it in sections 260.300 to 260.345.

  2.  When a solid waste management district is organized it shall be a body corporate of the state and shall be known as "______ Solid Waste Management District".

  3.  A county or two or more counties within a region may form or join a district as provided herein.  The governing body of any county, by adoption of an ordinance or order, may join an existing district or form a district if the county is located in a region which does not have an existing district.  The governing body of any two or more counties within the same region may join together to form a district by adoption of an ordinance or order.  A city located in more than one county may join a district which encompasses any one of the counties within which it is located, regardless of whether the remaining counties containing the city join the district.

  4.  A solid waste management district created and organized under authority of sections 260.300 to 260.345 shall become a body corporate and politic of the state at the time the governing body of the county or counties forming the district has adopted an order or ordinance to form the district under the provisions of this section and has provided written notice to the department of natural resources of the adoption of such order or ordinance.  A county shall become a part of an existing district at the time the governing body of such county has adopted an order or ordinance to join the district and has provided written notice to the governing body of each county in the existing district and has provided written notice to the department of natural resources.

  5.  If a county governing body does not form or join a district, the question of forming or joining a district may be submitted to the voters of any county on any regular election day as provided in section 115.123.  The question may be submitted or resubmitted to the voters of any county upon the submission of a petition signed by a number of voters which is at least equal to five percent of those voting in the most recent gubernatorial election.  The question shall be submitted in substantially either of the following forms:

Shall ______ (insert county name) become a member of the ______ (insert name) solid waste management district?;

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or if a solid waste management district has not been formed within the region:

Shall ______ (insert county name) form the ______ (insert name) solid waste management district?

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The election authority shall notify the secretary of state as to the results of the election.  The secretary of state shall transmit the election results to the director of the department of natural resources who shall declare districts created within all counties of each region wherein the question received a majority of the votes cast.  The director's declaration shall be transmitted to the governing body of each county within the district.

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(L. 1990 S.B. 530, A.L. 1992 H.B. 1732)

Effective 6-19-92

*Section number "260.200" appears in original rolls.