reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.075 - Dissolution of district, when, how.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1971
243.075. Dissolution of district, when, how. —
The county commission may, if it determines after notice and hearing, in the same manner as is provided for establishment of such a district that a drainage district organized by the county commission under this chapter has been inactive for at least ten years, make an order calling for the dissolution of the inactive district and the distribution of any funds of the inactive district, by the county treasurer, to any subsequently organized district or districts incorporating all or part of the territory of the inactive district on a pro rata basis of any funds of the inactive district; and if any portion of the inactive district incorporated under this chapter is not within a subsequently organized district the county commission shall order the county treasurer to make refunds on a pro rata basis to the present owners of the property on which the tax was levied as their interest appears of record, and the county treasurer shall have authority to draw checks against the funds of the district for this purpose. After all the funds have been distributed, the county commission shall declare the district dissolved. In prorating, the assessed valuation of the various tracts of land shall be the basis on which the proration is made and the assessed valuation of the tracts involved for the year in which the dissolution is ordered shall be used.
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(L. 1971 H.B. 346 § 1)
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.090 - Report to be filed, when — landowners may be heard — vacancies, how filled.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.090. Report to be filed, when — landowners may be heard — vacancies, how filled. —
1. The said viewers and engineer shall make a report of their work, as required in section 243.080, with the maps, profiles, schedules, estimates and other information, together with an itemized bill of costs made in the proper discharge of their duties and shall file this report with the clerk of the county commission within thirty days after making said surveys and estimates.
2. Any and all persons whose lands may be affected by the improvement may appear before the viewers and freely express their opinions on all matters pertaining thereto.
3. If any engineer or viewer shall die or fail or refuse to qualify and serve as such, the county commission may appoint some other person having the prescribed qualifications, who shall, before entering upon the discharge of his duties, take the oath prescribed by this chapter.
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(RSMo 1939 § 12406)
Prior revisions: 1929 § 10817; 1919 § 4485
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.100 - Limitations for assessment of benefits.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.100. Limitations for assessment of benefits. —
1. In assessing the benefits to lands, public highways, railroad and other rights-of-way, railroad roadways and other property not traversed by the improvements, the viewers shall not consider what benefits will be derived by such property after other ditches or improvements shall have been constructed, but they shall assess only such benefits as will be derived from the construction of the improvements to be constructed by this district, or as the same may afford an outlet for drainage or protection from overflow of or damage to such property.
2. The viewers shall give due consideration and credit to any other drains, ditch or ditches, levee or levees which may have already been constructed and which afford partial or complete protection to any tract or parcel of land in the new district.
3. The public highways, railroad and other rights-of-way, roadways, railroad and other property shall be assessed according to the increased physical efficiency and decreased maintenance cost of roadways by reason of the protection to be derived from the proposed improvements.
4. When part of a tract of land is to be acquired by the district for right-of-way or other purposes, the viewers shall list the remainder of the tract in the schedule of benefits, and show the acreage remaining and shall estimate the benefits which will accrue to same.
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(RSMo 1939 § 12407)
Prior revisions: 1929 § 10818; 1919 § 4486
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.110 - Notice of filing of report to be published — form.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.110. Notice of filing of report to be published — form. —
Upon the filing of the report of the viewers and engineer, the clerk shall immediately give notice of the filing thereof, by publication in some newspaper published in the county wherein the proceeding is pending. Such notice shall be published for three successive weeks, three times, and shall be substantially in the following form, to wit:
NOTICE OF FILING OF VIEWERS' REPORT IN DRAINAGE DISTRICT NO. ______ OF ______ COUNTY, MISSOURI.
Notice is hereby given to all persons interested in the following described land and other property included within drainage district No. ______ of ______ County, Missouri (here describe land and other property), that the viewers heretofore appointed to establish the precise location of the improvements, to assess benefits and damages to the property and lands situate in said drainage district and to appraise the cash value of land necessary to be taken for rights-of-way and other works of said district within or without the limits of said district, filed their report in this office on the ______ day of ______, 20______, and you and each of you are hereby notified that you may examine said report and file exceptions to all or any part thereof, as provided by law.
__________________
Clerk of the county commission of ______ County,
Missouri.
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(RSMo 1939 § 12408)
Prior revisions: 1929 § 10819; 1919 § 4487
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.130 - Condemnation of additional land.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.130. Condemnation of additional land. —
The county commission shall have the right to condemn for the use of a district organized under the provisions of this chapter any necessary land or other property not acquired or condemned by the county commission on the report of the viewers, following also the procedure that is now provided by law for the appropriation of land or other property taken for telegraph, telephone and railroad rights-of-way.
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(RSMo 1939 § 12411)
Prior revisions: 1929 § 10822; 1919 § 4490
CROSS REFERENCE:
Condemnation of land for public purposes by county commission, proceedings, 49.300
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.140 - Lands lying outside district may be annexed, when — proceedings.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.140. Lands lying outside district may be annexed, when — proceedings. —
1. Any land lying outside of any drainage district as organized, the owner or owners of which shall thereafter make connection with any main ditch or drain, or other drain in any district, or whose lands are or will be benefitted by the work or drainage district, shall be deemed to have made voluntary application to be included in such drainage district, and thereupon the county commission shall obtain a description of such land benefitted and amount of benefits in same manner as provided for construction of ditches in this chapter, the name of the owner or owners thereof, and a description of the ditch or drain making such connection, and file the same in its records.
2. Said county commission shall then fix a day, not less than fifteen days from such filing, when it will hear complaints, and thereupon the clerk of said county commission shall give ten days' notice thereof in writing to such owners, which notice shall be served by reading or delivering a copy thereof to such owner or owners of, if a nonresident, to his tenant, and affidavit of such service shall be evidence thereof. At the time fixed, the county commission shall render its decision in said cause, and shall file copies thereof with the clerk of the county commission, giving a description of any land annexed, and such lands shall be deemed a part of such district, and shall be assessed as other lands therein for maintaining said ditches.
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(RSMo 1939 § 12445)
Prior revisions: 1929 § 10855; 1919 § 4522; 1909 § 5632
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.150 - Taxes to be levied against county-owned swamplands, how paid.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.150. Taxes to be levied against county-owned swamplands, how paid. —
Whenever any of the counties in which any drainage district shall be organized under the provisions of this chapter shall be the owner of a tract or tracts of swamplands, granted to it by the state of Missouri, which will be benefitted by the construction of any such ditch or drain, the said land shall be assessed as to benefits and damages as any other land and the taxes levied against the same shall be paid by the county commission out of the swampland fund or out of any fund or funds arising from the proceeds of the sale of swamplands of such county.
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(RSMo 1939 § 12449)
Prior revisions: 1929 § 10859; 1919 § 4526
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.160 - Authority to complete improvements in county commission — powers of procedure.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.160. Authority to complete improvements in county commission — powers of procedure. —
1. The county commission for and on behalf of a drainage district shall have full power and authority to build, construct, excavate and complete all or any works and improvements which may be needed to complete the improvements located, described and set forth in the duly confirmed report of the viewers and engineer.
2. To accomplish that end the said county commission is hereby authorized and empowered to employ men and teams and to rent or purchase machinery, employ men to operate same and directly have charge of and construct the works and improvements, or by the use of other or more efficient means than provided for in the plans adopted.
3. They may, in their discretion, let the contract for such works and improvements either as a whole or in sections. The county commission shall fix the time and place of letting contracts for the construction of the improvements, and cause notice thereof, containing a description of the work to be let, to be given by the clerk of the county commission, by publication in three consecutive issues of some weekly newspaper of general circulation, published in the county, and by at least one insertion in some suitable contractor's or trade journal, the last insertion to be at least ten days before the day of letting.
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(RSMo 1939 § 12423)
Prior revisions: 1929 § 10833; 1919 § 4501; 1909 § 5595
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.170 - District engineer to be appointed — duties — bond required.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1990
243.170. District engineer to be appointed — duties — bond required. —
1. Within sixty days after the confirmation of the report of the viewers and engineer assessing the benefits and damages, the county commission shall appoint a competent civil and drainage engineer as district engineer, who may be an individual, copartnership or corporation, and who shall engage such assistants as the county commission may approve.
2. The district engineer shall have control of the engineering work in the district and with the approval of the county commission he may employ a consulting engineer. The district engineer shall also be the superintendent of the construction of all the works and improvements and shall, whenever required, and at least once a year, make a full report to the county commission of all work done and improvements made and make such suggestions and recommendations to the commission as he may deem proper.
3. The district engineer shall give bond in the sum of not less than one thousand dollars or as much greater amount as the county commission may fix, for the faithful performance of his duties as engineer of such district. Such bond shall be signed by at least two residents of the county in which such district has been organized or by a surety company authorized to transact business in this state, and shall be made to such district and preserved in the office of the county clerk.
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(RSMo 1939 § 12424, A.L. 1990 H.B. 1070)
Prior revisions: 1929 § 10834; 1919 § 4502
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.180 - Engineer to let work — bidders to give bond — county commission to approve — contractor liable in default.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.180. Engineer to let work — bidders to give bond — county commission to approve — contractor liable in default. —
1. The district engineer shall let or offer to let the job or labor of constructing the working sections, as directed in the order of the county commission, announcing the terms upon and the time within which the work shall be done.
2. All successful bidders shall forthwith execute and deliver to the engineer a bond payable to the drainage district, in at least twenty percent of the amount of the bid, with sufficient like sureties, conditioned for the faithful performance of the work let, in the manner and within the time specified in the contract; the engineer shall, within fifteen days after the day bids are received, return all contracts and bonds to and file report of his proceedings in the premises, in the office of the county clerk.
3. The county commission shall approve or reject all contracts and bonds and cause to be spread upon its record an entry of its action thereon and give notice thereof to the contractors. All bonds and a duplicate of all contracts shall be filed in the office of the county clerk, and when approved they shall be recorded upon the drainage record. The county commission may, in its discretion, for good cause, extend the time specified in the contract for completing the construction of the ditch or other improvement, but such extension shall not be construed or deemed to have the effect of impairing the contract, or the contractor's bond, or releasing the sureties thereon.
4. If the work provided for by any contract be not performed in the manner or within the time therein fixed, or within such additional time as may have been granted to the contractor, the county commission may, in the same manner as original contracts are let, relet such portion of such work as may not have been performed by the contractor; provided, that the contracts shall not be let a second time to the same person. The defaulting contractor shall be liable on his bond for all damages, costs and expenses occasioned by his default.
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(RSMo 1939 § 12425)
Prior revisions: 1929 § 10835; 1919 § 4503
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.190 - Engineer to issue certificate of acceptance, when — provisions for payment of claim.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.190. Engineer to issue certificate of acceptance, when — provisions for payment of claim. —
It shall be the duty of the district engineer, on being notified by a contractor that the work, or any installment thereof, provided for in his contract, is completed, to examine the same, and if he finds that it is completed according to the specifications of the report of the engineer and viewers, as confirmed, as provided in this chapter, he shall accept the same, and give to such contractor a certificate of acceptance, stating that such installment or contract is completed according to such specifications, and file a duplicate thereof in the office of the clerk of the county commission, and on presentation by any contractor of claim for payment for work performed, or any installment thereof, as provided by his contract, accompanied by such engineer's certificate, the county commission shall audit the claim, and if the same is in accordance with such claimant's contract and the work has been performed within the time therein specified, it shall draw a warrant upon the county treasurer for the amount thereof, payable out of the funds of the district available for the payment of such charges.
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(RSMo 1939 § 12426)
Prior revisions: 1929 § 10836; 1919 § 4504
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.200 - Provisions for necessary construction or enlargement — when owned by corporation other than county — bridge to become part of highway, when.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.200. Provisions for necessary construction or enlargement — when owned by corporation other than county — bridge to become part of highway, when. —
1. The county commission may, when the same is necessary for the public health, convenience or welfare, cause to be constructed or enlarged any bridge or culvert made necessary by the crossing of any ditch constructed by a district organized under the provisions of this chapter; provided, however, that if such bridge or culvert shall belong to any corporation other than the county, the county clerk shall give such corporation notice by delivering to its agent the order of the commission declaring the necessity for constructing or enlarging such bridge or culvert. A failure to construct or enlarge such bridge or culvert within the time specified shall be taken as a refusal to do said work, and thereupon the county commission shall proceed to let the work of constructing or enlarging the same, and assess the corporation with the cost thereof, and the county clerk shall place such assessment on the tax book against said corporation, and it shall be a lien upon the property of the corporation, to be collected as taxes. But before the county commission shall let such work, they shall give to the agent of such corporation at least twenty days' actual notice of the time and place of letting such work.
2. When a bridge has been constructed across a drainage ditch that crosses any public highway in this state, that shall be adjudged sufficiently by the county commission of the county in which said drainage district is organized, such bridge shall become a part of such highway and shall thereafterwards be maintained, repaired or replaced by the authority authorized by law to maintain the road of which it becomes a part.
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(RSMo 1939 § 12427)
Prior revisions: 1929 § 10837; 1919 § 4505; 1909 § 5611
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.210 - Provisions of this chapter applicable to old channels or sloughs.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.210. Provisions of this chapter applicable to old channels or sloughs. —
Where lateral ditches constructed by a district organized under this chapter have outlets in an old channel or slough, all the provisions of this chapter shall apply to and govern these channels or sloughs the same as though they had in fact been constructed by the district from the outlet of the lateral ditch to the outlet of the old channel or slough.
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(RSMo 1939 § 12429)
Prior revisions: 1929 § 10839; 1919 § 4507
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.240 - County commissions to maintain efficiency and have management and control.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.240. County commissions to maintain efficiency and have management and control. —
1. It shall be the duty of the several county commissions of this state to maintain the efficiency of the drainage districts now or hereafter organized and existing under and by virtue of the provisions of this chapter and such commissions are vested with the continuous management and control of said districts with the duty and power of maintaining, preserving, restoring, repairing, strengthening and replacing the drains, ditches and levees thereof.
2. For the purpose of maintaining said ditches, drains and levees, all of the drainage districts in a county on a petition filed by a majority of the landowners owning the majority of the acres of land in each district of such county, may be treated and administered as a unit for such purpose in conformity with all the provisions of sections 243.220 to 243.240, 243.280, 243.330, and 243.380.
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(RSMo 1939 § 12433)
Prior revisions: 1929 § 10843; 1919 § 4511
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.250 - Lateral ditches — drains — may be connected — provisions — penalty for violation.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.250. Lateral ditches — drains — may be connected — provisions — penalty for violation. —
1. Any person, persons or corporation shall be permitted to construct lateral ditches or drains for the purpose of draining water into any of the ditches, drains, or watercourses constructed by a district organized under the provisions of this chapter, provided that such lateral ditch or drain shall enter such ditches, drains or watercourses through boxes or tiling to be placed at the intersection of such lateral ditches or drains with the ditches, drains or watercourses constructed by a district organized under the provisions of this chapter. Such tiling or boxes shall be as large as the lateral ditch constructed and at least fifteen feet in length.
2. All persons violating the provisions of this section shall be deemed guilty of a misdemeanor.
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(RSMo 1939 § 12442)
Prior revisions: 1929 § 10852; 1919 § 4519; 1909 § 5625
(1958) To allow surface water collected by a private levee on owner's land to enter district watercourse, already receiving water from lateral No. 17 by means of steel tubing installed in road-levee, was not an unlawful change in the adopted plan of reclamation nor an expenditure of public funds for a private purpose. Rice v. Stoddard (A.), 312 S.W.2d 374.
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.260 - Districts may contract with other districts for outlets — costs determined, how.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1959
243.260. Districts may contract with other districts for outlets — costs determined, how. —
Drainage districts organized or incorporated under this chapter may contract with each other, and with districts organized and incorporated under any other law of this state or under the laws of other states, for such outlet or outlets as the one may need and the other can furnish on such terms as may be deemed to be just and fair. The cost of obtaining such outlet or outlets to be paid as other expenses of the district for making improvements. If the districts cannot agree upon the compensation to be paid for the outlet, the district supplying the outlet, by action in the circuit court of the county wherein the district for which the outlet is supplied is organized, may recover from such district fair and just compensation for supplying the outlet. Any compensation received by the district shall be applied to improving its ditches or levees or reducing taxation or indebtedness.
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(RSMo 1939 § 12431, A.L. 1959 S.B. 182)
Prior revisions: 1929 § 10841; 1919 § 4509; 1909 § 5628
CROSS REFERENCE:
Political subdivisions may contract for common sewers and facilities, 70.210 to 70.320
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.270 - Drainage district may contract to furnish drainage for cities and towns.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.270. Drainage district may contract to furnish drainage for cities and towns. —
A drainage district may contract with any city, town or village to furnish an outlet for the drainage of such city, town or village, through any ditch, drain or watercourse constructed, or to be constructed by the drainage district, for such compensation to be paid by such city, town or village as may be agreed upon, which compensation shall inure to the benefit of such drainage district, either in improving its ditches, or in diminishing the original cost thereof, or in retiring bonds of the district, or in such way as the county commission shall determine to be just and fair; and thereafter said city, town or village, and the inhabitants thereof, shall have and enjoy all the rights of said drainage that other property owners may have and enjoy.
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(RSMo 1939 § 12428)
Prior revisions: 1929 § 10838; 1919 § 4506; 1909 § 5627
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.280 - Equipment may be leased or rented — provisions.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.280. Equipment may be leased or rented — provisions. —
Whenever there exists no immediate need for the use of the dredge boat, tools and other machinery authorized to be purchased by section 243.330 by districts contributing to the purchase thereof, then it shall be lawful for the county commission to lease or rent the same to any drainage or levee district for the doing of work in such county, upon such terms and conditions as said county commission shall by order of record impose; provided, however, that such county commission shall not lease or rent the same beyond a reasonable time; and provided further, that at least a reasonable rental value of same, or an amount sufficient to take care of all necessary repairs and depreciations caused and occasioned by the doing of the work contemplated, shall be first agreed upon and such amount paid into the general fund created by section 243.330 for the purchase of such dredge boat, tools and other machinery before same shall be so leased or rented.
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(RSMo 1939 § 12437)
Prior revision: 1929 § 10847
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.290 - County commission to levy tax to pay preliminary expense.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.290. County commission to levy tax to pay preliminary expense. —
1. As soon as any district has been incorporated and established as provided in sections 243.020 to 243.070, the county commission shall, by order entered of record, levy a uniform tax of not more than fifty cents per acre upon each acre of land and other property within the district, to be used for the purpose of paying expenses incurred or to be incurred in organizing said district, making surveys of the same and assessing benefits and damages and paying the other expenses necessary to be incurred before said commission shall be empowered to levy taxes or issue bonds and thereby provide funds to pay the total cost of the improvements of the district. Said tax shall be due and payable as soon as assessed and shall become delinquent if not paid by December thirty-first of the year in which it has been levied. It shall become a lien on the land and other property against which it is levied and shall be collected in the same manner as the annual installment of the drainage tax.
2. In case the sum received from such tax exceeds the total cost of items for which the same has been levied, the surplus shall be placed in the general fund of the district and used to pay cost of construction; provided, that if the report of the viewers assessing benefits and damages to the property, as confirmed by the county commission, shows that any tract or tracts of land, on which such uniform tax has been paid, will not be benefitted by the improvement, the county commission shall issue a warrant on the district fund in favor of such landowner or landowners to the amount of the uniform tax already paid.
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(RSMo 1939 § 12404)
Prior revisions: 1929 § 10815; 1919 § 4483
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.310 - Permanent drainage tax record shall be kept — method — additional levies.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.310. Permanent drainage tax record shall be kept — method — additional levies. —
1. The list and schedule specified in section 243.300 shall be prepared in the form of a well-bound book which shall be named and endorsed "Drainage Tax Record of Drainage District Number ______ of ______ County, Missouri", which endorsement shall also be printed or written at the top of each page in said book and the same shall be signed by the county clerk, attested by the seal of the county commission and shall hereafter remain a permanent record in the office of said clerk.
2. In case the proceeds of the taxes levied as provided in this chapter are not sufficient to construct the improvements as described in the report of the viewers and engineer as confirmed by the county commission, then the county commission shall make, certify and provide for the collection of such additional tax levies as are necessary to complete the improvement; provided, however, that the aggregate of all such levies, exclusive of taxes levied for interest on bonds, does not exceed the total benefits assessed and confirmed.
3. If any sum be needed to pay any judgment against the district and upon the filing of a certified copy of said judgment with the clerk of the county commission, it shall be the duty of the county commission, at the next term, to levy sufficient taxes to pay the same and to add thereto sufficient taxes to pay the interest on said judgment. The commission shall levy, certify and provide for the collection of said taxes as provided in this chapter and shall apportion the same to the lands or other property in proportion to the original assessment of benefits, but not in excess thereof, and if in excess thereof then in such proportion as will not, with other lawful tax levies, made and collected be in excess of the benefits reported by the viewers and confirmed by the county commission.
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(RSMo 1939 § 12413)
Prior revisions: 1929 § 10824; 1919 § 4492
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.320 - Public roads and railroads to pay benefits.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.320. Public roads and railroads to pay benefits. —
When any ditch constructed under the provisions of this chapter drains, either in whole or in part, or benefits any public or corporate road or railroad, there shall be apportioned to the county, if a county or state or free turnpike road, or if a corporate road or railroad, to the company owning, operating or controlling the same, the same proportion of the cost of location and construction of the improvement in proportion to the benefits received as to private individuals.
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(RSMo 1939 § 12430)
Prior revisions: 1929 § 10840; 1919 § 4508
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.340 - Privilege to pay drainage tax in full.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.340. Privilege to pay drainage tax in full. —
The owner of any land or other property taxed for the construction of any improvement under the provisions of this chapter, shall have the privilege of paying such tax to the county treasurer at any time on or before a date to be fixed by the county commission prior to the issuance of bonds payable from said taxes and the amount to be paid shall be the full amount of the tax levied, less any amount added thereto to meet interest. He shall present the treasurer's receipt therefor to the county clerk, who shall enter upon the drainage tax record opposite each tract for which payment is made the words "paid in full" and such tax shall be deemed satisfied.
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(RSMo 1939 § 12414)
Prior revisions: 1929 § 10825; 1919 § 4493
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.350 - Apportionment of annual installments — drainage tax book, form — taxes due, when.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 2017, 2 histories
243.350. Apportionment of annual installments — drainage tax book, form — taxes due, when. —
1. Each year the county clerk shall apportion the amount of the annual installment, or the aggregate of the installments which the commission has provided shall become due and payable in that year and the maintenance taxes, if any, against the land and other property in the drainage district in proportion to the benefits assessed.
2. The said annual installment and maintenance taxes when so apportioned shall be extended by the clerk in a well-bound book which shall be designated and endorsed "Drainage Tax Book of Drainage District Number ______ of ______ County, or ______ Township of ______ County, Missouri, for the year 20______", which endorsement shall also be written or printed at the top of each page. There shall be set out in properly ruled columns of said book the following:
(1) The names of the present owners of said land and other property so far as now known;
(2) Description of the land and other property;
(3) Amount of said installment or installments of tax levied on the corresponding tract of land or other property;
(4) Amount of maintenance tax, if any, levied against said tract of land or other property;
(5) A blank column in which the collector shall record the several amounts as collected by him;
(6) A blank column in which the collector shall record the date of payment of the different sums;
(7) A blank column in which the collector shall record the names of the person or persons paying the several amounts, if other than the person whose name appears in column one hereof.
3. The county clerk shall prepare and deliver the said drainage tax book to the collector of the revenue of the county, or township, not later than September thirtieth of each year in which the installment and maintenance taxes, if any, are due and payable, and the said taxes shall become due and be collected during said year at the same time that state and county taxes are due and collected.
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(RSMo 1939 § 12415, A.L. 1953 p. 538, A.L. 2017 S.B. 112)
Prior revisions: 1929 § 10826; 1919 § 4494; 1909 § 5602
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.360 - Drainage tax — collector to furnish bond.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1990
243.360. Drainage tax — collector to furnish bond. —
1. It shall be the duty of the collector of revenue of each county in which lands or other property of any drainage district organized under this chapter are situate, to receive the drainage tax book each year and he shall promptly and faithfully collect the tax therein set out and to exercise all due diligence in so doing.
2. He shall demand and collect such taxes at the same time that he demands and collects state and county taxes due on the same lands and other properties. Where any tract or part thereof has been divided and sold or transferred, the collector shall receive taxes on any part of any tract, piece or parcel of land or other property, charged with such taxes and give his receipt accordingly. The drainage tax book shall be the warrant and authority of the collector for making such demand and collection. The collector shall pay over and account for all moneys collected thereon each year to the county treasurer at the time he pays over state and county taxes.
3. The collector shall give bond payable to the drainage district for the probable amount of all drainage taxes to be collected in any one year conditioned for the faithful performance of all his duties in accordance with this chapter. Such bond shall be signed by at least two residents of the county or by a surety company authorized to transact business in the state. The bond shall be approved by the county commission and the premium, if any, may be paid out of any funds belonging to the district.
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(RSMo 1939 § 12416, A.L. 1990 H.B. 1070)
Prior revisions: 1929 § 10827; 1919 § 4495; 1909 § 5635
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.380 - Surplus funds, how used.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.380. Surplus funds, how used. —
When the improvements of a district have been completed and paid for, and all costs and expenses of the district paid, if there remains on hand to the credit of such district any funds not needed, the county commission may prorate back to the taxpayers all or any part of such funds not needed or may use the same for maintenance in lieu of the maintenance taxes.
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(RSMo 1939 § 12432)
Prior revisions: 1929 § 10842; 1919 § 4510
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.400 - County commission authorized to pledge bonds — manner.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.400. County commission authorized to pledge bonds — manner. —
1. Bonds issued under the authority of section 243.390 or refunding bonds issued to refund any or all such bonds may be pledged by the county commission to any corporation, commission or agency created or authorized by congress or the state of Missouri to accept a pledge of such bonds, and the county commission is authorized to pledge the bonds of any drainage district created under this chapter in a manner to conform to the requirements, rules and/or regulations of any such corporation, commission or agency.
2. Upon a pledge of any such bonds as by this section authorized, funds shall be provided to redeem said bonds and interest thereon from the terms of such pledge in the same manner as if said bonds had been sold, and the lien of pledged bonds and interest thereon shall be enforced in the same manner as provided in this chapter for bonds sold.
3. Funds derived from a pledge of any such bonds shall be deposited, accounted for and expended in the same manner as if such bonds had been sold or as may be provided by the requirements, rules and/or regulations of the corporation, commission or agency accepting a pledge of such bonds and advancing funds thereon.
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(RSMo 1939 § 12419)
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.410 - County treasurer to be custodian of district funds — duties.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1990
243.410. County treasurer to be custodian of district funds — duties. —
1. The treasurer of the county in which a drainage district is located shall act as treasurer of the district and shall be the custodian of the funds of the district, except as otherwise provided in this chapter.
2. He shall receive and receipt for all such funds and shall enter into a separate bond for each district in the county in a sum to be fixed by the county commission, not less than the probable amount of funds of said district to be in his possession at any one time. Such bond shall be payable to the district, shall be approved by the county commission, shall be signed by two or more residents of the county or by a surety company authorized to transact business in the state and shall be conditioned for the faithful and prompt disbursement according to law of all such funds as shall from time to time be in his possession. The premium on such bond may be paid by the district.
3. Except as otherwise provided in this chapter, the treasurer shall keep all district funds received by him deposited in a bank or banks selected in the same manner and at the same time that the depositary for county funds is selected. All interest accruing on district funds shall be credited to the district and any premium on a surety bond may be paid by the district.
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(RSMo 1939 § 12422, A.L. 1990 H.B. 1070)
Prior revisions: 1929 § 10832; 1919 § 4500; 1909 § 5634
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.420 - Fees for services.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1983
243.420. Fees for services. —
1. The fees allowed by county commissions for services actually rendered drainage districts organized under the provisions of this chapter shall be determined by the county commission.
2. The county commission shall have power to contract for any of the aforesaid services. All expense accounts shall be accompanied by vouchers showing the items actually paid.
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(RSMo 1939 § 12450, A.L. 1983 H.B. 236)
Prior revisions: 1929 § 10860; 1919 § 4527; 1909 § 5618
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.430 - Claims for fees, how paid.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.430. Claims for fees, how paid. —
Until the proceeds of taxes or bonds are available, all fees under this chapter shall be paid out of the county treasury when claims therefor are allowed by the county commission, and the general county fund shall be reimbursed out of the money realized from the sale of bonds or collection of taxes.
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(RSMo 1939 § 12451)
Prior revisions: 1929 § 10861; 1919 § 4528; 1909 § 5619
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 243 - Drainage Districts Organized in County Commission › Section 243.440 - Drainage proceedings to be recorded — method.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 243
• Effective - 28 Aug 1939
243.440. Drainage proceedings to be recorded — method. —
A complete record of all proceedings under this chapter shall be kept by the county clerk in a separate book to be secured for that purpose. The book shall be designated as the "Drainage Record of ______ County, Missouri", and shall also have recorded therein all papers, documents, bonds and plats filed in any drainage proceeding in that county. It shall be the duty of the county commission to have the accounts of each drainage district audited each year and the auditor's report shall be recorded in the drainage record.
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(RSMo 1939 § 12421)
Prior revisions: 1929 § 10831; 1919 § 4499