Section 67.1431

There are multiple enactments of 67.1431

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 67

Effective - 28 Aug 2022, 2 histories   

  *67.1431.  Public hearing, notice. — 1.  Within a reasonable time, not to exceed forty-five days, after the receipt of the verified petition from the municipal clerk, the governing body shall hold or cause to be held a public hearing on the establishment of the proposed district and shall give notice of the public hearing in the manner provided in subsection 3 of this section.  All reasonable protests, objections and endorsements shall be heard at the public hearing.

  2.  The public hearing may be continued to another date without further notice other than a motion to be entered on the minutes fixing the date, time and place of the continuance of the public hearing, as well as providing such information to the Missouri department of revenue, which shall publish such information on its website.

  3.  Notice of the public hearing shall be given by publication and mailing.  Notice by publication shall be given by publication in a newspaper of general circulation within the municipality once a week for two consecutive weeks prior to the week of the public hearing, as well as by notice provided to the Missouri department of revenue, which shall publish such information on its website.  Notice by mail shall be given not less than fifteen days prior to the public hearing by sending the notice via registered or certified United States mail with a return receipt attached to the address of record of each owner of record of real property within the boundaries of the proposed district.  The published and mailed notices shall include the following:

  (1)  The date, time and place of the public hearing;

  (2)  A statement that a petition for the establishment of a district has been filed with the municipal clerk;

  (3)  The boundaries of the proposed district by street location, or other readily identifiable means if no street location exists; and a map illustrating the proposed boundaries;

  (4)  A statement that a copy of the petition is available for review at the office of the municipal clerk during regular business hours; and

  (5)  A statement that all interested persons shall be given an opportunity to be heard at the public hearing.

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(L. 1998 H.B. 1636 § 4, A.L. 2022 H.B. 1606)

*Revisor's Note:  This section was declared unconstitutional in Byrd, et al. v. State of Missouri, et al. (see 2023 annotation below).

(2023) The inclusion of Section 67.2300 in H.B. 1606 from 2022 declared unconstitutional as violating the single subject rule of Article III, § 23 of the Missouri Constitution.  The remaining provisions of H.B. 1606 could not be severed and the bill is declared invalid in its entirety.  Byrd, et al. v. State of Missouri, et al., 679 S.W.3d 492 (Mo.banc).