Title XV — LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY

249.470. Districts to be established by resolution of commission — countywide sewer districts, when. — 1. The county commission, after receiving the recommendations of the sewer engineer, may, by resolution, establish the boundaries of the sewer district or districts including th…

249.480. Resolution to be published — hearing of protest. — 1. The county commission shall set a day for hearing anyone who might be interested with regard to the proposed work and shall publish the resolution with a notice of the time and place of hearing in some local newspaper…

249.485. Sewer district to be separate entity not part of county commission, exception. — A sewer district created under sections 249.430 to 249.667 is to be considered an entity separate from the county commission, and is not governed by the administrative or procedural requirem…

249.490. County commission may alter district boundaries. — The county commission shall have authority, by resolution, to subdivide, enlarge, or change the boundaries of any sewer district authorized in sections 249.430 to 249.660, and more than one main sewer may be laid in one …

249.500. Joint sewers may be established by county commission. — Joint district sewers may be constructed by the county commission whenever the county commission deems it necessary that a sewer shall be constructed in any part of a sewer district extending into two or more distri…

249.510. Contract bids. — If the county commission determines to proceed with the construction of district sewers it shall cause plans and specifications to be prepared by the sewer engineer and shall advertise for bids for said work by causing a notice to bidders to be published…

249.515. County commission's powers — treatment system, violations — compliance period — failure to comply, penalty. — 1. The county commission may contract with each participating community for the payment of its proportionate share of treatment costs. 2. The county commission m…

249.520. Contractor's bond — apportionment of costs — assessments — tax bills. — 1. The contractor to whom such contract is awarded shall enter into a contract with the county commission and shall furnish a corporate surety bond to be approved by the county commission in an amoun…

249.530. Construction without contract. — In addition to the method of constructing sewers by contract as provided for in section 249.510, if the county commission deems it practicable to procure from federal or any other governmental source any part of the cost of the constructi…

249.540. Right of condemnation — right to enter private land to survey — sewer lines across unplatted land, expense of construction and restoration. — 1. The county commission shall have the right to condemn any land or other property within or without the district for right-of-w…

249.550. Assistants employed by sewer engineer. — The sewer engineer is hereby given authority to employ such help and assistance as may be necessary for the carrying on of the maintenance, repair and administrative expenses of any sewer district or districts, as provided in sect…

249.560. Apportionment of expenses — regulation of connections — contracts with municipal corporations. — 1. Engineering and administrative expense for sewer extensions and laterals shall be apportioned against the adjoining property, area or districts served. 2. The county commi…

249.565. Violation of section or regulation, misdemeanor. — Any person who shall violate section 249.560, or any order, rule or regulation adopted under the authority of said section shall be guilty of a misdemeanor. ­­-------- (L. 1955 p. 606 § 1)

249.570. Connection of previously constructed sewers. — In all cases where lateral sewers have already been constructed of suitable materials and manner of construction the county commission shall provide regulations authorizing the connection of the same with the main or submain…

249.580. Special tax bills. — All special tax bills provided for by sections 249.430 to 249.660 shall be made out in favor of the contractor to be paid, or his assignee, and all such special tax bills shall be certified by the county clerk or in his name by any deputy county cler…

249.590. Record of special tax bills. — The county clerk shall keep a record of all special tax bills issued under the provisions of sections 249.430 to 249.660, said record to contain a description of the land covered by each special tax bill, the amount assessed against the sam…

249.600. County not liable for errors. — When any work is done and payment therefor is to be made in special tax bills or in special assessments as provided in sections 249.430 to 249.660, the county shall in no event, nor in any manner whatever, be liable for or on account of su…

249.610. Sewer tax bill record — inquiries about taxes — payments. — 1. The county clerk shall deliver a certified copy of said record of all special tax bills issued under the provisions of sections 249.430 to 249.660, to the county collector, who shall incorporate them in a spe…

249.620. Collector shall pay holder of tax bill. — After any such tax bill or any installment has been paid to the county collector, he shall pay the amount of such payment to the holder of the special tax bill and shall cancel and preserve any such tax bill presented to him, or …

249.630. Procedure of recording payments. — When any special tax bill has been paid to the owner or holder thereof, and marked paid upon presentation of such bill to the county clerk he shall cancel and mark paid the amount of such tax bill on the record thereof, and such entry s…

249.640. Special assessment for maintenance and administration — exception, unplatted lands, when — interest to be paid, when — tax lien against property authorized. — 1. Upon the recommendation of the sewer engineer, the county commission, by resolution, shall have authority to …

249.645. Charges for sewer service, how computed — notice, hearing — delinquency, interest from due date — lien on land authorized — priority of lien — discontinuance of service. — 1. Any public sewer district created under the provisions of sections 249.430 to 249.660 or establi…

249.650. Suits to collect taxes. — Suits to collect any tax bills herein authorized may be brought in any court of competent jurisdiction by the person to whom issued or any assignee in their own names. Every such certified tax bill shall, in an action brought to recover the amou…

249.660. Legal aid — how secured. — The county commission may require the county counselor, or an assistant county counselor, to give advice and conduct all legal proceedings or suits necessary in the administration of sections 249.430 to 249.660, and if deemed necessary the coun…

249.663. Dissolution of district when obligations paid — disposition of assets. — 1. Any sewer district heretofore or hereafter created by the county commission of any county of the first class not having a charter form of government, the obligations of which district have been p…

249.665. Incorporated cities excluded from district, when. — All incorporated cities located within the boundaries of any such county are hereby excluded from any sewer district formed under the provisions of sections 249.430 to 249.660, unless such city shall petition the county…

249.666. Assets of district within city to vest in city — city assumes liabilities — disposition of district funds. — Whenever a sewer district, or any part thereof, in any county of the first class not having a charter form of government, is embraced within the corporate limits …

249.667. Powers of county commission as to city property if district bonds issued. — Whenever a sewer district, in any county of the first class not having a charter form of government, shall embrace within its corporate limits any territory situated in any city, town or village,…

249.668. County commission of certain counties to appoint trustees — term, responsibilities, powers — vacancies — compensation. — In all first class counties in which a charter form of government is adopted, the county commission, upon written request from all districts in the co…

249.670. Liquidator — appointment — oath — bond — powers and duties. — 1. Whenever any sewer district heretofore or hereafter incorporated in any county, now or hereafter having a population of not less than seven hundred thousand inhabitants nor more than seven hundred and fifty…

249.680. Liquidator to have full charge of district. — Upon the appointment and qualification of the liquidator for any district, he shall immediately succeed to the powers and duties of the board of supervisors and officers of such district and thereafter such officers and super…

249.690. Court defined. — In any county in which the circuit court now consists or shall hereafter consist of more than one division, presided over by a circuit judge, the word "court" as used in sections 249.670 to 249.700 shall mean the circuit judges of the court sitting as a …

249.700. Compensation of liquidator and counsel. — The liquidator under sections 249.670 to 249.700 shall receive compensation to be fixed by the court, not to exceed two hundred and fifty dollars per month, and he shall also have power, subject to the approval of the court, to e…

249.710. Penalty for nonpayment of tax fixed — prior inconsistent laws repealed. — Hereafter all penalties for the nonpayment of any tax levied by any sewer district incorporated under the laws of this state shall be one-half of one percent per month and no more, notwithstanding …

249.720. Abatement of accrued penalties for delinquency. — All penalties accrued for the nonpayment of any tax levied by any sewer district incorporated under the laws of this state in excess of one-half of one percent per month are hereby abated and remitted, and the amount of a…

249.730. Court costs not taxed, when. — In the event of any suit at law or in equity hereafter filed against any delinquent taxpayer for the purpose of enforcing collection of any tax levied by any sewer district incorporated under the laws of this state, and in the event the pet…

249.740. Court costs may be abated, remitted or not taxed. — Whenever any sewer district incorporated under the laws of this state shall sue any delinquent taxpayer on account of any tax levied by such sewer district, and if such sewer district be exempt by law from securing or p…

249.750. Suits dismissed, when — winding up affairs, discharge of liquidator. — 1. Whenever the expense of collecting the tax bills, in suits, in any sewer district, is greater than the receipts that might be collected in such suits, then the liquidator shall dismiss said suits. …

249.761. Definitions. — For the purposes of sections 249.761 to 249.810, the following words and terms mean: (1) "Owner", for real property, the individual or individuals or entity or entities who own a fee interest in real property that is located within the sewer district and s…

249.763. Incorporation of district — petition — bond. — Any contiguous area lying within a second classification county or any contiguous area lying within a county of the second classification, together with a contiguous area not presently served by a public sewage system within…

249.765. Notice of proceedings. — 1. Immediately after the petition has been filed, the clerk in whose office the petition has been filed shall give notice by causing publication to be made once a week for four consecutive weeks in some newspaper published in the county in which …

249.767. Objections, who may file, disposition — filing and recording decree of incorporation. — 1. Any voter who may not have signed the petition, objecting to the organization and incorporation of the sewer district, shall, on or before the first day of the term of court at whi…

249.770. First election of supervisors — terms. — Within one year after any sewer district has been organized and incorporated under the provisions of sections 249.760 to 249.810 there shall be elected a board of five supervisors, to be composed of voters in the district and the …

249.773. Election of supervisors — terms — vacancies, how filled. — On each municipal election day, the voters of the district shall elect one supervisor who shall hold his office for five years or until his successor is elected and qualified. Should a vacancy occur, the supervis…

249.774. Board members for sewer districts, appointment, terms, vacancies. — Following establishment of a sewer district with an appointed board, the chief executive officer of the city shall appoint two members and the county commission shall appoint three members to the sewer d…

249.775. Oath of supervisors. — Each supervisor before entering upon his official duties shall take and subscribe to an oath before some officer authorized by law to administer oaths, that he will honestly, faithfully, and impartially perform the duties devolving upon him in offi…

249.777. Rights and powers of district — board of supervisors to manage — treatment system violation, period to comply — failure to comply, penalty. — 1. A sewer district organized under the provisions of sections 249.763 to 249.810 is a political subdivision of the state and as …

249.780. Organization of board, quorum, monthly meetings — officers and employees — annual audits. — 1. Within four days after the appointment or election, the board shall meet and organize by choosing one of its members as chairman and one as secretary. The chairman and secretar…

249.783. Duties of officers. — 1. The chairman of the board shall preside at all meetings, and execute all contracts into which the district may enter. In the absence of the chairman the secretary shall assume his duties. 2. The secretary shall keep the official records of the me…

249.785. Charges for sewage disposal — delinquency — interest due when — lien on land authorized. — 1. The board of supervisors may establish rates or charges for sewage disposal based upon the sums needed to retire the outstanding revenue bonded debt and pay the interest on thes…