Law to be exclusive for boundary changes if commission established(St. Louis County)--procedure for boundary change--priorcommission abolished--commission members, qualifications,appointment, vacancies--notice of ordinance establishingcommission--list of appointees--terms--succession--conflict ofinterest--boundary adjustment not subject to commission reviewand not prohibited by existence of established unincorporatedarea, when.
72.401. 1. If a commission has been established pursuant to section72.400 in any county with a charter form of government where fifty or morecities, towns and villages have been established, any boundary changewithin the county shall proceed solely and exclusively in the mannerprovided for by sections 72.400 to 72.423, notwithstanding any statutoryprovisions to the contrary concerning such boundary changes.
2. In any county with a charter form of government where fifty ormore cities, towns and villages have been established, if the governingbody of such county has by ordinance established a boundary commission, asprovided in sections 72.400 to 72.423, then boundary changes in such countyshall proceed only as provided in sections 72.400 to 72.423.
3. The commission shall be composed of eleven members as provided inthis subsection. No member, employee or contractor of the commission shallbe an elective official, employee or contractor of the county or of anypolitical subdivision within the county or of any organization representingpolitical subdivisions or officers or employees of political subdivisions.Each of the appointing authorities described in subdivisions (1) to (3) ofthis subsection shall appoint persons who shall be residents of theirrespective locality so described. The appointing authority making theappointments shall be:
(1) The chief elected officials of all municipalities wholly withinthe county which have a population of more than twenty thousand persons,who shall name two members to the commission as prescribed in thissubsection each of whom is a resident of a municipality within the countyof more than twenty thousand persons;
(2) The chief elected officials of all municipalities wholly withinthe county which have a population of twenty thousand or less but more thanten thousand persons, who shall name one member to the commission asprescribed in this subsection who is a resident of a municipality withinthe county with a population of twenty thousand or less but more than tenthousand persons;
(3) The chief elected officials of all municipalities wholly withinthe county which have a population of ten thousand persons or less, whoshall name one member to the commission as prescribed in this subsectionwho is a resident of a municipality within the county with a population often thousand persons or less;
(4) An appointive body consisting of the director of the countydepartment of planning, the president of the municipal league of thecounty, one additional person designated by the county executive, and oneadditional person named by the board of the municipal league of the county,which appointive body, acting by a majority of all of its members, shallname three members of the commission who are residents of the county; and
(5) The county executive of the county, who shall name four membersof the commission, three of whom shall be from the unincorporated area ofthe county and one of whom shall be from the incorporated area of thecounty.
The seat of a commissioner shall be automatically vacated when thecommissioner changes his or her residence so as to no longer conform to theterms of the requirements of the commissioner's appointment. Thecommission shall promptly notify the appointing authority of such change ofresidence.
4. Upon the passage of an ordinance by the governing body of thecounty establishing a boundary commission, the governing body of the countyshall, within ten days, send by United States mail written notice of thepassage of the ordinance to the chief elected official of each municipalitywholly or partly in the county.
5. Each of the appointing authorities described in subdivisions (1)to (4) of subsection 3 of this section shall meet within thirty days of thepassage of the ordinance establishing the commission to compile its list ofappointees. Each list shall be delivered to the county executive withinforty-one days of the passage of such ordinance. The county executiveshall appoint members within forty-five days of the passage of theordinance. If a list is not submitted by the time specified, the countyexecutive shall appoint the members using the criteria of subsection 3 ofthis section before the sixtieth day from the passage of the ordinance. Atthe first meeting of the commission appointed after the effective date ofthe ordinance, the commissioners shall choose by lot the length of theirterms. Three shall serve for one year, two for two years, two for threeyears, two for four years, and two for five years. All succeedingcommissioners shall serve for five years. Terms shall end on Decemberthirty-first of the respective year. No commissioner shall serve more thantwo consecutive full terms. Full terms shall include any term longer thantwo years.
6. When a member's term expires, or if a member is for any reasonunable to complete his term, the respective appointing authority shallappoint such member's successor. Each appointing authority shall act toensure that each appointee is secured accurately and in a timely manner,when a member's term expires or as soon as possible when a member is unableto complete his term. A member whose term has expired shall continue toserve until his successor is appointed and qualified.
7. The commission, its employees and subcontractors shall be subjectto the regulation of conflicts of interest as defined in sections 105.450to 105.498, RSMo, and to the requirements for open meetings and recordsunder chapter 610, RSMo.
8. Notwithstanding any provisions of law to the contrary, anyboundary adjustment approved by the residential property owners and thegoverning bodies of the affected municipalities or the county, if involved,shall not be subject to commission review. Such a boundary adjustment isnot prohibited by the existence of an established unincorporated area.
Law to be exclusive for boundary changes if commission established(St. Louis County)--procedure for boundary change--priorcommission abolished--commission members, qualifications,appointment, vacancies--notice of ordinance establishingcommission--list of appointees--terms--succession--conflict ofinterest--boundary adjustment not subject to commission reviewand not prohibited by existence of established unincorporatedarea, when.
72.401. 1. If a commission has been established pursuant to section72.400 in any county with a charter form of government where fifty or morecities, towns and villages have been established, any boundary changewithin the county shall proceed solely and exclusively in the mannerprovided for by sections 72.400 to 72.423, notwithstanding any statutoryprovisions to the contrary concerning such boundary changes.
2. In any county with a charter form of government where fifty ormore cities, towns and villages have been established, if the governingbody of such county has by ordinance established a boundary commission, asprovided in sections 72.400 to 72.423, then boundary changes in such countyshall proceed only as provided in sections 72.400 to 72.423.
3. The commission shall be composed of eleven members as provided inthis subsection. No member, employee or contractor of the commission shallbe an elective official, employee or contractor of the county or of anypolitical subdivision within the county or of any organization representingpolitical subdivisions or officers or employees of political subdivisions.Each of the appointing authorities described in subdivisions (1) to (3) ofthis subsection shall appoint persons who shall be residents of theirrespective locality so described. The appointing authority making theappointments shall be:
(1) The chief elected officials of all municipalities wholly withinthe county which have a population of more than twenty thousand persons,who shall name two members to the commission as prescribed in thissubsection each of whom is a resident of a municipality within the countyof more than twenty thousand persons;
(2) The chief elected officials of all municipalities wholly withinthe county which have a population of twenty thousand or less but more thanten thousand persons, who shall name one member to the commission asprescribed in this subsection who is a resident of a municipality withinthe county with a population of twenty thousand or less but more than tenthousand persons;
(3) The chief elected officials of all municipalities wholly withinthe county which have a population of ten thousand persons or less, whoshall name one member to the commission as prescribed in this subsectionwho is a resident of a municipality within the county with a population often thousand persons or less;
(4) An appointive body consisting of the director of the countydepartment of planning, the president of the municipal league of thecounty, one additional person designated by the county executive, and oneadditional person named by the board of the municipal league of the county,which appointive body, acting by a majority of all of its members, shallname three members of the commission who are residents of the county; and
(5) The county executive of the county, who shall name four membersof the commission, three of whom shall be from the unincorporated area ofthe county and one of whom shall be from the incorporated area of thecounty.
The seat of a commissioner shall be automatically vacated when thecommissioner changes his or her residence so as to no longer conform to theterms of the requirements of the commissioner's appointment. Thecommission shall promptly notify the appointing authority of such change ofresidence.
4. Upon the passage of an ordinance by the governing body of thecounty establishing a boundary commission, the governing body of the countyshall, within ten days, send by United States mail written notice of thepassage of the ordinance to the chief elected official of each municipalitywholly or partly in the county.
5. Each of the appointing authorities described in subdivisions (1)to (4) of subsection 3 of this section shall meet within thirty days of thepassage of the ordinance establishing the commission to compile its list ofappointees. Each list shall be delivered to the county executive withinforty-one days of the passage of such ordinance. The county executiveshall appoint members within forty-five days of the passage of theordinance. If a list is not submitted by the time specified, the countyexecutive shall appoint the members using the criteria of subsection 3 ofthis section before the sixtieth day from the passage of the ordinance. Atthe first meeting of the commission appointed after the effective date ofthe ordinance, the commissioners shall choose by lot the length of theirterms. Three shall serve for one year, two for two years, two for threeyears, two for four years, and two for five years. All succeedingcommissioners shall serve for five years. Terms shall end on Decemberthirty-first of the respective year. No commissioner shall serve more thantwo consecutive full terms. Full terms shall include any term longer thantwo years.
6. When a member's term expires, or if a member is for any reasonunable to complete his term, the respective appointing authority shallappoint such member's successor. Each appointing authority shall act toensure that each appointee is secured accurately and in a timely manner,when a member's term expires or as soon as possible when a member is unableto complete his term. A member whose term has expired shall continue toserve until his successor is appointed and qualified.
7. The commission, its employees and subcontractors shall be subjectto the regulation of conflicts of interest as defined in sections 105.450to 105.498, RSMo, and to the requirements for open meetings and recordsunder chapter 610, RSMo.
8. Notwithstanding any provisions of law to the contrary, anyboundary adjustment approved by the residential property owners and thegoverning bodies of the affected municipalities or the county, if involved,shall not be subject to commission review. Such a boundary adjustment isnot prohibited by the existence of an established unincorporated area.
Law to be exclusive for boundary changes if commission established(St. Louis County)--procedure for boundary change--priorcommission abolished--commission members, qualifications,appointment, vacancies--notice of ordinance establishingcommission--list of appointees--terms--succession--conflict ofinterest--boundary adjustment not subject to commission reviewand not prohibited by existence of established unincorporatedarea, when.
72.401. 1. If a commission has been established pursuant to section72.400 in any county with a charter form of government where fifty or morecities, towns and villages have been established, any boundary changewithin the county shall proceed solely and exclusively in the mannerprovided for by sections 72.400 to 72.423, notwithstanding any statutoryprovisions to the contrary concerning such boundary changes.
2. In any county with a charter form of government where fifty ormore cities, towns and villages have been established, if the governingbody of such county has by ordinance established a boundary commission, asprovided in sections 72.400 to 72.423, then boundary changes in such countyshall proceed only as provided in sections 72.400 to 72.423.
3. The commission shall be composed of eleven members as provided inthis subsection. No member, employee or contractor of the commission shallbe an elective official, employee or contractor of the county or of anypolitical subdivision within the county or of any organization representingpolitical subdivisions or officers or employees of political subdivisions.Each of the appointing authorities described in subdivisions (1) to (3) ofthis subsection shall appoint persons who shall be residents of theirrespective locality so described. The appointing authority making theappointments shall be:
(1) The chief elected officials of all municipalities wholly withinthe county which have a population of more than twenty thousand persons,who shall name two members to the commission as prescribed in thissubsection each of whom is a resident of a municipality within the countyof more than twenty thousand persons;
(2) The chief elected officials of all municipalities wholly withinthe county which have a population of twenty thousand or less but more thanten thousand persons, who shall name one member to the commission asprescribed in this subsection who is a resident of a municipality withinthe county with a population of twenty thousand or less but more than tenthousand persons;
(3) The chief elected officials of all municipalities wholly withinthe county which have a population of ten thousand persons or less, whoshall name one member to the commission as prescribed in this subsectionwho is a resident of a municipality within the county with a population often thousand persons or less;
(4) An appointive body consisting of the director of the countydepartment of planning, the president of the municipal league of thecounty, one additional person designated by the county executive, and oneadditional person named by the board of the municipal league of the county,which appointive body, acting by a majority of all of its members, shallname three members of the commission who are residents of the county; and
(5) The county executive of the county, who shall name four membersof the commission, three of whom shall be from the unincorporated area ofthe county and one of whom shall be from the incorporated area of thecounty.
The seat of a commissioner shall be automatically vacated when thecommissioner changes his or her residence so as to no longer conform to theterms of the requirements of the commissioner's appointment. Thecommission shall promptly notify the appointing authority of such change ofresidence.
4. Upon the passage of an ordinance by the governing body of thecounty establishing a boundary commission, the governing body of the countyshall, within ten days, send by United States mail written notice of thepassage of the ordinance to the chief elected official of each municipalitywholly or partly in the county.
5. Each of the appointing authorities described in subdivisions (1)to (4) of subsection 3 of this section shall meet within thirty days of thepassage of the ordinance establishing the commission to compile its list ofappointees. Each list shall be delivered to the county executive withinforty-one days of the passage of such ordinance. The county executiveshall appoint members within forty-five days of the passage of theordinance. If a list is not submitted by the time specified, the countyexecutive shall appoint the members using the criteria of subsection 3 ofthis section before the sixtieth day from the passage of the ordinance. Atthe first meeting of the commission appointed after the effective date ofthe ordinance, the commissioners shall choose by lot the length of theirterms. Three shall serve for one year, two for two years, two for threeyears, two for four years, and two for five years. All succeedingcommissioners shall serve for five years. Terms shall end on Decemberthirty-first of the respective year. No commissioner shall serve more thantwo consecutive full terms. Full terms shall include any term longer thantwo years.
6. When a member's term expires, or if a member is for any reasonunable to complete his term, the respective appointing authority shallappoint such member's successor. Each appointing authority shall act toensure that each appointee is secured accurately and in a timely manner,when a member's term expires or as soon as possible when a member is unableto complete his term. A member whose term has expired shall continue toserve until his successor is appointed and qualified.
7. The commission, its employees and subcontractors shall be subjectto the regulation of conflicts of interest as defined in sections 105.450to 105.498, RSMo, and to the requirements for open meetings and recordsunder chapter 610, RSMo.
8. Notwithstanding any provisions of law to the contrary, anyboundary adjustment approved by the residential property owners and thegoverning bodies of the affected municipalities or the county, if involved,shall not be subject to commission review. Such a boundary adjustment isnot prohibited by the existence of an established unincorporated area.
