reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.150 - Board to construct works — may let contracts for construction.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1947
245.150. Board to construct works — may let contracts for construction. —
The board of supervisors of said district shall have full power and authority to build, construct, excavate and complete all or any works and improvements which may be needed to carry out, maintain and protect the plan for reclamation. To accomplish that end the said board of supervisors is hereby authorized and empowered to employ men and teams and to 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. They may, in their discretion, let the contract for such works and improvements either as a whole or in sections, and when such contract or contracts are let, they shall be advertised and let to the lowest and best bidder, who shall give a good and approved bond, with ample security, conditioned that he will well and promptly carry out the contract for such work and improvements, which contract shall be in writing and to which shall be attached and made a part thereof, complete plans and specifications of the work to be done and the improvements to be made under said contract, which plans and specifications shall be prepared by the chief engineer, and shall be incorporated in and attached to the contract, which contract shall be prepared by the attorney for the district, and before the work is commenced shall be approved by the board of supervisors and signed by the president of the board and the contractor and shall be executed in duplicate. The chief engineer shall be the superintendent of all the works and improvements and shall whenever required, and at least once each year, make a full report to said board of all work done and improvements made and make such suggestions and recommendations to the board as he may deem proper; provided, however, that if and when the state of Missouri or the United States of America or any subdivision, department, division or agency thereof is willing to construct the works and improvements provided for in the plan for reclamation or any part thereof, the board of supervisors of said district is authorized to cooperate with such agency to the fullest extent and is hereby granted power and authority to accept any such work in aid of the project, irrespective of whether it be by way of grant of funds, labor, work, materials or otherwise and may, in the discretion of the board of supervisors, give such assurances as may be required to obtain the construction of the works and improvements provided for in the plan for reclamation.
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(RSMo 1939 § 12510, A.L. 1947 V. II p. 226)
Prior revisions: 1929 § 10920; 1919 § 4614
CROSS REFERENCE:
Contractual agreements among political subdivisions for common facilities and services, proceedings, 70.210 to 70.320
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.155 - Embankments on right-of-way to be raised at expense of owner to conform to district levee.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.155. Embankments on right-of-way to be raised at expense of owner to conform to district levee. —
When any right-of-way has been obtained under sections 245.010 to 245.280, over any embankment belonging to any person, railroad, tramway or other corporation, it shall be the duty of the owner of such embankment to so raise, at the expense of the owner, said embankment so that same will conform with the levee of said district, and if such person or corporation shall fail or refuse to raise such embankment in the manner herein provided, said district may within three months after it has finished the building of its own levee enter upon and raise the embankment of said person or corporation to conform with said district levee. And the cost for such construction shall be a first lien upon the property of said person or corporation and such cost may be enforced in any court of competent jurisdiction.
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(RSMo 1939 § 12523)
Prior revisions: 1929 § 10933; 1919 § 4627
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.160 - Board to employ attorney.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.160. Board to employ attorney. —
The board of supervisors shall employ an attorney to act for the district and to advise said board. Such employment shall be evidenced by an agreement in writing, which, as far as possible, shall specify the exact amount to be paid to said attorney for all services and expenses. Such attorney shall conduct all legal proceedings and suits in court where the district is a party or interested, and shall in all legal matters advise the said board of supervisors, all officers, employees or agents of said district and board, and generally look after and attend to all matters of a legal nature for said board and district. When the said board may deem it necessary, they may, by and with the advice of said attorney, and under the like terms and conditions as above set forth, employ another attorney or attorneys.
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(RSMo 1939 § 12520)
Prior revisions: 1929 § 10930; 1919 § 4624
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.165 - Board to keep record of proceedings — open to inspection.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.165. Board to keep record of proceedings — open to inspection. —
The board of supervisors of any district organized under sections 245.010 to 245.280 shall cause to be kept a well-bound book, entitled "Record of board of supervisors of ______ district", in which shall be recorded minutes of all meetings, proceedings, certificates, bonds given by all employees and any and all corporate acts, which record or records shall at all times be open to the inspection of anyone interested, whether taxpayer or bondholder.
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(RSMo 1939 § 12521)
Prior revisions: 1929 § 10931; 1919 § 4625
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.170 - Board to provide for compensation of employees and fees of officers.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.170. Board to provide for compensation of employees and fees of officers. —
The board of supervisors, except where otherwise provided, shall, by resolution, at time of hiring or appointing, provide for the compensation for work done and necessary expense incurred by any officer, engineer, attorney or other employee and shall also pay the fees, per diem and necessary expenses of all court and county officers who may by virtue of sections 245.010 to 245.280 render service to said district. It is understood that the ordinary fee statute does not apply to services rendered under sections 245.010 to 245.280 by any county officer, but each such officer shall receive only a reasonable compensation for services actually rendered, the same to be fixed by the court in which the proceeding is pending, except where otherwise provided in sections 245.010 to 245.280; that said corporations or petitioners for corporations may prepare, write or print all copies of petitions, writs, orders and decrees or other papers, and furnish same to the clerk or other officer for his use, and in such event said officer shall be entitled to receive as compensation for issuing the said writs and copies of petitions, decrees, orders or other papers, only the reasonable value of the services actually rendered.
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(RSMo 1939 § 12530)
Prior revisions: 1929 § 10940; 1919 § 4634
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.175 - Board to levy tax to pay cost of organization.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 2008
245.175. Board to levy tax to pay cost of organization. —
1. The board of supervisors of any levee district organized under the provisions of sections 245.010 to 245.280 shall levy a uniform tax of not more than eight dollars per acre upon each acre of land and each mile of right-of-way of all public service corporations, within such district, as defined by the articles of association 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 to pay other expenses necessarily to be incurred before said board shall be empowered by section 245.180 to provide funds to pay the total cost of works and improvements of the district.
2. In case the boundary lines of the district be extended under the provisions of section 245.140, so as to include lands and other property not described and contained in the articles of association, the same uniform tax shall be levied on such lands and other property as soon as same shall have been annexed and included in the district.
3. Such tax shall be due and payable as soon as assessed and if not paid by December thirty-first of the year in which it has been levied the same shall become delinquent. It shall become a lien on the land and other property against which it is assessed and shall be collected in the same manner as the annual installment of tax is collected. In case the sum received from such assessment 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 incorporation of the district be dissolved, as provided for in section 245.275, the amount of surplus, if there be any, shall be prorated and refunded to the landowners paying such uniform tax; provided further, that if the levee district be located within a third or fourth class city of this state, or within a city in this state under fifty thousand population operating under a special charter, then in the discretion of its board of supervisors, a uniform tax not exceeding five dollars may be levied on each lot, tract, parcel or subdivision thereof as set forth in the decree of the court incorporating said levee district.
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(RSMo 1939 § 12504, A.L. 1947 V. II p. 226, A.L. 1959 H.B. 313, A.L. 2008 S.B. 939)
Prior revisions: 1929 § 10914; 1919 § 4608
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.181 - Additional bonds authorized, when — meeting, votes how cast — form of notice — notice, how given.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1977
245.181. Additional bonds authorized, when — meeting, votes how cast — form of notice — notice, how given. —
1. The board of supervisors may, if in their judgment it seems best, issue additional bonds which do not exceed ninety-one percent of the amount of new taxes levied pursuant to paragraph 2 of section 245.180. The funds derived from the sale of said bonds shall be used only to pay the costs of replacing, repairing, and reconstructing the works and improvements called for and completed pursuant to the plan for reclamation originally adopted by the board of supervisors.
2. The board of supervisors shall issue such additional bonds only if, at a meeting called for such purpose, the issuance of the bonds obtains the approval of the owners of two-thirds of the acreage and miles of right-of-way in the district which has benefits assessed against it. The owners of property within the district shall vote at such meeting in the manner provided in sections 245.060 and 245.070.
3. Notice for the meeting referred to in paragraph 2 shall be in substantially the following form:
NOTICE OF MEETING OF ______ LEVEE DISTRICT
Notice is hereby given to owners of land and other property in ______ levee district of Missouri that a meeting will be held on ______, 20______, at ______ o'clock at ______ in ______ County for the purpose of approving the issuance of bonds to finance the cost of replacing, repairing and reconstructing the works and improvements called for and contemplated in the plan for reclamation originally adopted by the board of supervisors, and transacting such further business as may come before said meeting. The meeting will be open to the public.
Done by order of the Board of Supervisors this ______ day of ______, 20______.
__________________
Secretary of the Board of Supervisors.
4. The secretary shall cause the notice of the meeting to be published once a week for two consecutive weeks in some newspaper published in each county in which lands of the district are situated, the last insertion to be at least ten days before the day of such meeting.
5. The bonds shall be issued in all other respects pursuant to and in accordance with the provisions of section 245.230.
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(L. 1977 S.B. 3)
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.190 - Board may make additional levy of tax.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.190. Board may make additional levy of tax. —
Where the works set out in the plan for reclamation of any levee district is found insufficient to reclaim in whole or in part any or all of the land and other property of the district the board of supervisors shall have the right to formulate new or amended plans containing new levees or other works, or providing for the enlargement of existing levees or other works, and additional assessments may be made in conformity with the provisions of section 245.180, the same to be made in proportion to the increased benefits accruing to the lands and other property because of the additional works. If it should be found at any time that the amount of total tax levied under the provisions of section 245.180 is insufficient to pay cost of works set out in the plan for reclamation or additional work done under the provisions of this section, the board of supervisors may make an additional levy to provide funds to complete the work; provided, the total of all levies of such tax does not exceed the total amount of benefits assessed.
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(RSMo 1939 § 12538)
Prior revisions: 1929 § 10948; 1919 § 4642
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.195 - Board may levy maintenance tax — unprotected lands not taxable.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 12 Jul 1994, see footnote
245.195. Board may levy maintenance tax — unprotected lands not taxable. —
1. To maintain and preserve the levees or other improvements made pursuant to sections 245.010 to 245.280 and to strengthen, repair, replace and restore the same, when needed, and for the purpose of defraying the current expenses of the district, the board of supervisors, on or before the first day of September in each year thereafter, may levy an assessment upon each tract or parcel of land and upon corporate property within the district, to be known as a "maintenance tax". The maintenance tax shall be apportioned upon the basis of the net assessment of benefits accruing for original construction, and shall be certified to the collector of revenue of each county in which lands of the district are situate in the same book in like manner and at the same time as the annual tax is certified, but in a separate column, under the heading "maintenance tax". The collector shall demand and collect the maintenance tax and make return thereof and shall receive the same compensation therefor and be liable for the same penalties for failure or neglect so to do as is provided herein for the annual installment tax.
2. No maintenance tax shall be levied or assessed against any lands or other property which is not protected from overflow by the levees and other improvements of the district. No such tax heretofore levied or assessed against any such lands or other property shall be collected by or for the district, and the board of supervisors of the district is hereby authorized and empowered to strike from the levee tax books of the district any unpaid maintenance tax which has been levied or assessed against any such lands or other property.
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(RSMo 1939 § 12535, A.L. 1955 p. 601, A.L. 1994 S.B. 633)
Prior revisions: 1929 § 10945; 1919 § 4639
Effective 7-12-94
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.196 - Annual benefit fee, how levied, amount.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 12 Jul 1994, see footnote
245.196. Annual benefit fee, how levied, amount. —
In addition to any tax which may be levied pursuant to the provisions of section 245.180 or any other provision of sections 245.010 to 245.280, the board of supervisors may levy an annual benefit fee on nonpublic improvements on certain tracts of real estate in said district. The annual benefit fee shall be one thousand dollars for improvements with an assessed valuation of at least one million dollars but not more than five million dollars, five thousand dollars for improvements with an assessed valuation of more than five million dollars but not more than fifteen million dollars, and ten thousand dollars for improvements with an assessed valuation of more than fifteen million dollars.
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(L. 1985 H.B. 378, A.L. 1994 S.B. 633)
Effective 7-12-94
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.198 - Tax levy, when — emergency levy of ten percent.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1977
245.198. Tax levy, when — emergency levy of ten percent. —
1. If the board of supervisors deem it necessary, the board shall without unnecessary delay, levy a tax of such portion of said readjusted assessed benefits on all lands, railroad and other property in the district to which benefits have been assessed, as may be found necessary by the board of supervisors to pay the costs of the completion of the proposed works and improvements as shown in the supplemental plan for reclamation adopted by the board of supervisors pursuant to section 245.105 and in carrying out the objects of said district, and plus ten percent of said total amount for emergencies. The tax levied pursuant to this section shall be apportioned to and be levied on each tract of land or property in said district in proportion to the readjusted assessed benefits, provided that the amount of such tax levied pursuant to this section, when added to any taxes previously levied and remaining unpaid at the time of the levy provided for in this section, shall not exceed the total amount of the readjusted assessed benefits.
2. The tax shall be levied in the manner provided in sections 245.180 and 245.185.
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(L. 1977 S.B. 3)
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.199 - Additional bonds authorized when — how issued.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1977
245.199. Additional bonds authorized when — how issued. —
1. The board of supervisors may, if in their judgment it seems best, issue bonds which, when added to the bonded indebtedness then outstanding, do not exceed ninety-one percent of the total amount of taxes levied pursuant to section 245.198. The funds derived from the sale of said bonds shall be used to pay the costs of works and improvements as shown in the supplemental plan for reclamation adopted by the board of supervisors pursuant to section 245.105 and to refund outstanding protested warrants.
2. The bonds shall be issued pursuant to and in accordance with the provisions of section 245.230.
3. Notwithstanding the limitations of sections 245.130 and 245.135 or any tax levy limitation contained in this chapter, the board of supervisors, having levied a tax pursuant to paragraph 1 of this section, may levy a new tax and, if necessary, issue additional bonds whenever it is found necessary by the board of supervisors to pay the cost of replacing, repairing and reconstructing the works and improvements called for and completed pursuant to the supplemental plan for reclamation adopted by the board of supervisors. Any tax levied pursuant to this section shall be apportioned to and levied on each tract of land or property in said district in proportion to the readjusted assessed benefits. The tax authorized by this section shall be levied in the manner provided by sections 245.180 and 245.185.
4. The additional bonds authorized in paragraph 3 of this section shall be issued pursuant to and in accordance with the provisions of sections 245.181 and 245.230, provided that the additional bonds do not exceed ninety-one percent of the amount of new taxes levied pursuant to paragraph 3 of this section.
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(L. 1977 S.B. 3)
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.200 - County collector of revenue to collect levee tax — to give bond to board of supervisors.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.200. County collector of revenue to collect levee tax — to give bond to board of supervisors. —
1. It shall be the duty of the collector of revenue of each county in which lands or other property of any levee district organized under sections 245.010 to 245.280 are situate, to receive the levee tax book each year and he is hereby empowered and it shall be his duty to promptly and faithfully collect the tax therein set out and to exercise all due diligence in so doing. He is further directed and ordered to 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 above and foregoing levee tax book shall be the warrant and authority of the collector for making such demand and collection.
2. The said collector shall make due return of all levee tax books each year to the secretary of the board of supervisors of the aforesaid levee district, and shall pay over and account for all moneys collected thereon each year to the treasurer of said district at the same time when he pays over state and county taxes. Said collector shall in said levee tax book, verify by affidavit his said return. The said secretary shall each year, within ten days after the return of said collector is delivered to him, prepare and certify to said collector a levee back tax book containing the list of lands and other property so returned by said collector as delinquent, deliver the same to him and take his receipt therefor, and said collector shall proceed to collect such delinquent levee taxes and demand payment therefor in the same manner as herein provided for the collection of current levee taxes.
3. Before receiving the aforesaid levee tax book the collector of each county in which lands or other property of the levee district are located, shall execute to the board of supervisors of the district a bond with at least two good and sufficient sureties in a sum that is double the probable amount of any annual installment of said tax to be collected by him during any one year, conditioned that said collector shall pay over and account for all taxes so collected by him according to law. Said bond after approval by said board of supervisors shall be deposited with the secretary of the board of supervisors, who shall be custodian thereof and who shall produce same for inspection and use as evidence whenever and wherever lawfully requested to do.
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(RSMo 1939 § 12513)
Prior revisions: 1929 § 10923; 1919 § 4617
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.205 - Secretary of board to extend and certify levee tax to collector-treasurers — duties of collector-treasurer — county collector-treasurer to collect delinquent taxes.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 2005
245.205. Secretary of board to extend and certify levee tax to collector-treasurers — duties of collector-treasurer — county collector-treasurer to collect delinquent taxes. —
1. In counties where the provisions of chapter 65 are or may hereafter be in force, the secretary of the board of supervisors shall extend all levee taxes under the provisions of sections 245.010 to 245.280 on separate tax books for the respective townships in which such lands are situate, and such tax books shall be certified to the collector-treasurers at the same time and in the same manner as provided for county collectors. Such taxes shall be collected by such collector-treasurers at the same time and in the same manner, as state and county taxes are collected, and each collector-treasurer shall give bond, have the same authority to collect such taxes, receive the same compensation therefor and pay over such taxes to the secretary of board of supervisors, as provided for county collectors under sections 245.010 to 245.280 and shall be subject to the same penalties and liabilities. Such collector-treasurers shall make due return of such tax books under oath in the same manner as required of county collectors.
2. The delinquent levee taxes shall be certified by the secretary of the board of supervisors to the county collector-treasurer of delinquent taxes, who shall collect such delinquent levee taxes at the same time and in the same manner as is herein provided for the collection of the delinquent levee taxes in counties not under the provisions of chapter 65. The said collector-treasurer of delinquent levee taxes shall give bond, have the same authority to collect such taxes, receive the same compensation therefor, and pay over the said taxes to the treasurer of the levee district as is provided for county collectors under sections 245.010 to 245.280, and shall be subject to the same penalties and liabilities.
3. All township levee tax books, and the return of the collectors of such books, shall be taken as prima facie evidence in all courts of all matters therein contained, and that the delinquent tax shown in such books was properly levied and extended against such lands and remains unpaid. The lien of such tax shall be enforced and suits to collect such delinquent tax shall be instituted and prosecuted in the same manner provided by sections 245.010 to 245.280, except such suits shall be instituted by the levee district on tax bills duly made out and certified by the county collector-treasurer of delinquent taxes.
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(RSMo 1939 § 12539, A.L. 2005 H.B. 58 merged with S.B. 210)
Prior revisions: 1929 § 10949; 1919 § 4643
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.210 - Levee tax delinquent December thirty-first — penalty.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.210. Levee tax delinquent December thirty-first — penalty. —
All taxes provided for in sections 245.010 to 245.280 remaining unpaid after December thirty-first of the year for which said taxes were levied shall become delinquent and bear a penalty of one percent per month on the amount of said taxes from date of delinquency until paid. In computing said penalty each fractional part of a month shall be counted as a full month.
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(RSMo 1939 § 12514)
Prior revisions: 1929 § 10924; 1919 § 4618
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.220 - Tax book to be prima facie evidence — suits for taxes brought in circuit court.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.220. Tax book to be prima facie evidence — suits for taxes brought in circuit court. —
The levee tax book of the district, as returned by the collector of the revenue to the secretary of the board of supervisors of the levee district shall be prima facie evidence in all courts of all matters therein contained. The liens established and declared in section 245.215 may and shall be enforced by an action on delinquent tax bills, made and certified by the county collector, which action shall be instituted in the circuit court without regard to the amount of the claim within six months after December thirty-first of the year for which said taxes were levied. The suits shall be brought in the corporate name of the district by its attorney against the land or lands, property or properties, on which such levee tax has not been paid. The suit shall be brought in the county in which the property is situate, except when the tract or property sued upon be in more than one county, in which event the suit may be brought on the whole tract, parcel or property in any county in which any portion thereof may be situate. The pleadings, process, proceedings, practice and sales, in cases arising under sections 245.010 to 245.280 shall, except as herein provided, be the same and have the same effect as in an action for the enforcement of the state's lien for the delinquent general taxes upon real estate, and the aforesaid levee tax book shall have the same probative effect as the back tax bill has in actions for the enforcement of the state's lien for general taxes upon real estate. The title acquired through any sale of lands or other property under the aforesaid proceedings shall be subject to the lien of all subsequent annual installments of levee tax. In all suits for the collection of delinquent taxes, the judgment for said delinquent taxes and penalty shall also include all costs of suit and a reasonable attorney's fee to be fixed by the court, recoverable the same as the delinquent tax and in the same suit. The proceeds of sales made under and by virtue of sections 245.010 to 245.280 shall be paid at once to the aforesaid treasurer and shall be accounted for by him the same as the levee taxes.
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(RSMo 1939 § 12517)
Prior revisions: 1929 § 10927; 1919 § 4621
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.235 - Unpaid warrants to draw interest.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1985
245.235. Unpaid warrants to draw interest. —
Any warrant issued under sections 245.010 to 245.280 that is not paid when presented to the treasurer of the board of supervisors of the district, because of lack of funds in the treasury, such fact shall be endorsed on the back of the warrant, and the warrant shall draw interest thereafter at a rate of not more than twelve percent per annum, until such time as there is any money on hand to pay the amount of the warrant and the interest then accumulated, but no interest shall be allowed on warrants after such time when sufficient funds are in the treasury to pay the endorsed warrants and interest.
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(RSMo 1939 § 12524, A.L. 1985 H.B. 378)
Prior revisions: 1929 § 10934; 1919 § 4628
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.240 - Surety bonds to be made payable to district.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.240. Surety bonds to be made payable to district. —
All surety bonds required to be given by sections 245.010 to 245.280 shall be made payable to the district by its corporate name, in which name all suits shall be instituted and prosecuted. All penalties on any bond herein named shall be payable to and recoverable by said district. All bonds required by sections 245.010 to 245.280 shall cover defaults of deputies, clerks or assistants of the officers appointing them.
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(RSMo 1939 § 12525)
Prior revisions: 1929 § 10935; 1919 § 4629
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.250 - County collectors — penalty for failure to pay over tax, fee for collection of tax.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 01 Jan 1988, see footnote
245.250. County collectors — penalty for failure to pay over tax, fee for collection of tax. —
If any county collector of the revenues refuses, fails or neglects to make prompt payment of the tax or any part thereof collected under sections 245.010 to 245.280 to the aforesaid treasurer, then he shall pay a penalty of ten percent on the amount of his delinquency; such penalty shall at once become due and payable and both he and his sureties shall be liable therefor on his aforesaid bond. The collector shall deduct one percent of the amount he collects on current taxes and two percent of the amount he collects on delinquent taxes. All fees collected pursuant to this section shall be collected on behalf of the county and deposited in the county treasury.
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(RSMo 1939 § 12515, A.L. 1987 S.B. 65, et al.)
Prior revisions: 1929 § 10925; 1919 § 4619
Effective 1-1-88
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.255 - Change of venue.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1947
245.255. Change of venue. —
No change of venue shall be allowed in any of the proceedings had under the provisions of sections 245.010 to 245.280, except where the judge of the court in which the articles of association have been filed shall be disqualified for any of the reasons stated in the statutes of this state relating to the change of venue in civil cases. If the judge of such court is disqualified or is charged by any person interested in the formation of said district with being disqualified for any of the reasons stated in the statutes, it shall be the duty of said judge to call in a judge from some other judicial circuit of this state to sit and hear the proceedings and render his decree and judgment the same as the regular judge could have. Such judge shall retain jurisdiction in such reclamation proceedings only until the disqualification of the regular judge of the circuit court shall have been removed. Said judge so called shall receive for his services mileage and ten dollars per day for each day engaged. It shall be the duty of the clerk of the court in which the articles of association have been filed to make out and sign a bill for the amount of mileage and per diem of the judge so called in and forward said bill to the state auditor, who shall approve such bill and draw a warrant for such amount on the fund appropriated and set apart by the legislature to pay expenses and salaries of circuit judges.
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(RSMo 1939 § 12526, A.L. 1947 V. II p. 226)
Prior revisions: 1929 § 10936; 1919 § 4630
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.260 - Action not to abate by reason of death of party.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.260. Action not to abate by reason of death of party. —
No action under sections 245.010 to 245.280 shall abate by reason of the death or disability of any party to any proceeding, but upon suggestion of such death or disability the cause shall be immediately revived in the name of the heirs, devisees or their legal representatives, and summons shall be served on such heirs, devisees and legal representatives at least five days before the day set for hearing the cause, and said summons may be served in vacation or term time; if the heirs, devisees or legal representatives of the deceased party are nonresidents notice by publication shall be given them in the manner and for the time provided for in section 245.020 and the cause shall then proceed in all respects as in case of the original parties being in court.
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(RSMo 1939 § 12527)
Prior revisions: 1929 § 10937; 1919 § 4631
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.265 - Appeal not to act as supersedeas.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.265. Appeal not to act as supersedeas. —
No appeal from any action of the circuit court had under sections 245.010 to 245.280 shall be permitted to act as supersedeas or to delay any action or the prosecution of any proceedings or work begun under the provisions of this law. Any procedure had under section 245.055, 245.060, 245.130 or 245.140 may be heard and determined by the court at either regular, adjourned or special sessions.
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(RSMo 1939 § 12528)
Prior revisions: 1929 § 10938; 1919 § 4632
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.270 - Liability of reorganized district.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.270. Liability of reorganized district. —
When an existing levee district has been reorganized under sections 245.010 to 245.280 the board of supervisors will not be required to follow such steps or requirements of sections 245.010 to 245.280 as are inconsistent with or rendered unnecessary, by the work that has already been done in the district; provided, that no such change of organization shall have the effect of in any way invalidating any indebtedness, liability, or contract of any nature incurred under its former organization, but all such indebtedness, liability or contract shall attach to and become the debt or liability of the new organization until the same is fully paid and discharged, and all debts owing to, and all rights and privileges and immunities held or enjoyed by the old district under its former organization shall be held and enjoyed by the new district when the same shall organize under the provisions of sections 245.010 to 245.280; provided further, that no right of action shall exist nor remedy be allowed against any such reorganized district by virtue of any contract or contracts made by, or on behalf of, any such reorganized district prior to its reorganization as herein provided for, which did not exist or was not allowed by statute against such district prior to the time of its organization as herein provided for; and provided further, that two or more levee districts, whether located in the same or different counties, may unite in formulating and signing articles of association for the reorganization of such districts under the provisions of sections 245.040 to 245.055 and the land and other property of such districts may be combined into one and the same district under some suitable title.
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(RSMo 1939 § 12545)
Prior revisions: 1929 § 10955; 1919 § 4649
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.275 - Procedure in dissolving levee district.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.275. Procedure in dissolving levee district. —
The incorporation of every levee district, heretofore or hereafter incorporated under and by virtue of the provisions of sections 245.010 to 245.280, shall be dissolved if, at any time before its board of supervisors has adopted a plan for reclamation, the owners, of a majority of the acres of land within said levee district, petition the circuit court, wherein said levee district was incorporated, for a dissolution thereof; provided, that, upon the filing of any such petition, said circuit court shall, before dissolving said corporation ascertain and determine the amount of money in the treasury of, or owing to, said corporation, and the amount of all warrants issued and unpaid by it, and the amount of the debts and other obligations owing by it; and, if said amount of money, in the treasury and owing to said corporation, is in excess of the amount of said warrants, debts and other obligations, said circuit court shall order said warrants, debts and other obligations to be forthwith paid and discharged, and said excess divided among all the owners of land in said levee district who paid the same thereto, in the proportions in which they paid the same; but if said amount of money, in the treasury and owing to said corporation, is not sufficient to pay and discharge said warrants, debts and other obligations, then said circuit court shall order said board of supervisors to levy and collect a uniform tax, upon each and every acre of land within said levee district, sufficient in amount to pay said deficiency, and to thereupon pay the same.
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(RSMo 1939 § 12547)
Prior revision: 1929 § 10957
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.280 - Sections construed — existing rights not to be affected.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.280. Sections construed — existing rights not to be affected. —
The repealing of existing laws shall not have the effect of suspending, abating, abridging, impairing, vitiating or nullifying any right, power, remedy or lien heretofore given, created or conferred upon any levee district heretofore organized or in process of organization at the time of passage of sections 245.010 to 245.280, under any law of this state, either special or general, but all such rights, powers, remedies and liens are hereby directly preserved to all such levee districts; nor shall the repealing of existing laws have the effect of suspending, abridging, abating or nullifying any proceeding or proceedings now pending in any court of this state or of the United States; nor shall the repealing of existing laws have the effect of impairing, invalidating, discharging, changing, modifying or destroying any obligation, contract or undertaking, entered into by or with any levee district now organized, and existing under any law in this state, either special or general, but all such obligations, contracts and undertakings so entered into, shall be and remain inviolate. All rights, powers, liens and remedies now existing in behalf of such levee district of this state, may be enforced and made available in the manner and by the means and mode now provided by law, or such rights, powers, liens and remedies may be enforced and made available under the provisions of sections 245.010 to 245.280, if applicable, at the election of the board of supervisors of the levee district. Sections 245.010 to 245.280 are hereby declared to be remedial in character and purpose, and shall be liberally construed by the courts in carrying out this legislative intent and purpose, and its provisions shall be construed to apply to levee districts already organized or in process of organization at the time of the passage of sections 245.010 to 245.280.
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(RSMo 1939 § 12546)
Prior revisions: 1929 § 10956; 1919 § 4650
2023 Missouri Revised Statutes › Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply › Chapter 245 - Levee Districts › Section 245.285 - Defining the term levee districts — applicable to districts now organized or which may be organized.

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter 245
• Effective - 28 Aug 1939
245.285. Defining the term levee districts — applicable to districts now organized or which may be organized. —
The term
"levee districts"
as used in sections 245.285 to 245.545, and all other terms, or provisions of law contained in said sections 245.285 to 245.545, which have heretofore been interpreted as applying to said levee districts shall be construed to include, authorize, provide for and be made applicable to all districts now organized or which may hereafter be organized for the purpose of establishing, constructing or causing to be constructed, levees, dikes, bank protections, current control or other protection or reclamation improvements contiguous or adjacent to or situate near any body of swamp, wet or overflowed land, or other property in the nature of individual or corporate franchises in this state, or land subject to overflow or inundation or in or adjacent to any river or stream wholly within or bordering on the state of Missouri, property or land abutting, or situate near, which may be endangered or liable to be endangered through wash or bank erosion.
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(RSMo 1939 § 12549)
Prior revision: 1929 § 10959