State Codes and Statutes

Statutes > Missouri > T15 > C249 > 249_422

Fee imposed to repair lateral sewer service lines for certainresidential property and in certain counties--condominiumsresponsible for proportionate share--ballot form--specialaccount established for fees collected.

249.422. 1. If approved by a majority of the voters voting on theproposal, any city, town, village or county on behalf of the unincorporatedarea, located either within the boundaries of a sewer district establishedpursuant to article VI, section 30(a) of the Missouri Constitution orwithin any county of the first classification having a charter form ofgovernment with a population of more than two hundred ten thousandinhabitants but less than three hundred thousand inhabitants, may by city,town, village or county ordinance levy and impose annually for the repairof lateral sewer service lines on or connecting residential property havingsix or less dwelling units a fee not to exceed fifty dollars per year. Anycity, town, village, or county that establishes or increases the fee usedto repair any portion of the lateral sewer service line shall include alldefective portions of the lateral sewer service line from the residentialstructure to its connection with the public sewer system line.Notwithstanding any provision of chapter 448, RSMo, the fee imposedpursuant to this chapter shall be imposed upon condominiums that have sixor less condominium units per building and each condominium unit shall beresponsible for its proportionate share of any fee charged pursuant to thischapter, and in addition, any condominium unit shall, if determined to beresponsible for and served by its own individual lateral sewer line, betreated as an individual residence regardless of the number of units in thedevelopment. It shall be the responsibility of the condominium owner orcondominium association who are of the opinion that they are not properlyclassified as provided in this section to notify the county officeadministering the program. Where an existing sewer lateral program was ineffect prior to August 28, 2003, condominium and apartment units notpreviously enrolled may be ineligible for enrollment if it is determinedthat the sewer lateral serving the unit is defective.

2. The question shall be submitted in substantially the followingform:

Shall a maximum charge not to exceed fifty dollars be assessedannually on residential property for each lateral sewer service lineserving six or less dwelling units on that property and condominiums thathave six or less condominium units per building and any condominiumresponsible for its own individual lateral sewer line to provide funds topay the cost of certain repairs of those lateral sewer service lines whichmay be billed quarterly or annually?

â ã YES â ã NO

3. If a majority of the voters voting thereon approve the proposalprovided for in subsection 2 of this section, the governing body of thecity, town, village or county may enact an ordinance for the collection andadministration of such fee in order to protect the public health, welfare,peace and safety. The funds collected pursuant to such ordinance shall bedeposited in a special account to be used solely for the purpose of payingfor all or a portion of the costs reasonably associated with and necessaryto administer and carry out the defective lateral sewer service linerepairs. All interest generated on deposited funds shall be accrued to thespecial account established for the repair of lateral sewer service lines.

(L. 1995 H.B. 88 § 21 merged with H.B. 484 § 1 merged with S.B. 228 § 1, A.L. 1997 H.B. 709, A.L. 2000 S.B. 741, A.L. 2003 S.B. 218 merged with S.B. 301)

State Codes and Statutes

Statutes > Missouri > T15 > C249 > 249_422

Fee imposed to repair lateral sewer service lines for certainresidential property and in certain counties--condominiumsresponsible for proportionate share--ballot form--specialaccount established for fees collected.

249.422. 1. If approved by a majority of the voters voting on theproposal, any city, town, village or county on behalf of the unincorporatedarea, located either within the boundaries of a sewer district establishedpursuant to article VI, section 30(a) of the Missouri Constitution orwithin any county of the first classification having a charter form ofgovernment with a population of more than two hundred ten thousandinhabitants but less than three hundred thousand inhabitants, may by city,town, village or county ordinance levy and impose annually for the repairof lateral sewer service lines on or connecting residential property havingsix or less dwelling units a fee not to exceed fifty dollars per year. Anycity, town, village, or county that establishes or increases the fee usedto repair any portion of the lateral sewer service line shall include alldefective portions of the lateral sewer service line from the residentialstructure to its connection with the public sewer system line.Notwithstanding any provision of chapter 448, RSMo, the fee imposedpursuant to this chapter shall be imposed upon condominiums that have sixor less condominium units per building and each condominium unit shall beresponsible for its proportionate share of any fee charged pursuant to thischapter, and in addition, any condominium unit shall, if determined to beresponsible for and served by its own individual lateral sewer line, betreated as an individual residence regardless of the number of units in thedevelopment. It shall be the responsibility of the condominium owner orcondominium association who are of the opinion that they are not properlyclassified as provided in this section to notify the county officeadministering the program. Where an existing sewer lateral program was ineffect prior to August 28, 2003, condominium and apartment units notpreviously enrolled may be ineligible for enrollment if it is determinedthat the sewer lateral serving the unit is defective.

2. The question shall be submitted in substantially the followingform:

Shall a maximum charge not to exceed fifty dollars be assessedannually on residential property for each lateral sewer service lineserving six or less dwelling units on that property and condominiums thathave six or less condominium units per building and any condominiumresponsible for its own individual lateral sewer line to provide funds topay the cost of certain repairs of those lateral sewer service lines whichmay be billed quarterly or annually?

â ã YES â ã NO

3. If a majority of the voters voting thereon approve the proposalprovided for in subsection 2 of this section, the governing body of thecity, town, village or county may enact an ordinance for the collection andadministration of such fee in order to protect the public health, welfare,peace and safety. The funds collected pursuant to such ordinance shall bedeposited in a special account to be used solely for the purpose of payingfor all or a portion of the costs reasonably associated with and necessaryto administer and carry out the defective lateral sewer service linerepairs. All interest generated on deposited funds shall be accrued to thespecial account established for the repair of lateral sewer service lines.

(L. 1995 H.B. 88 § 21 merged with H.B. 484 § 1 merged with S.B. 228 § 1, A.L. 1997 H.B. 709, A.L. 2000 S.B. 741, A.L. 2003 S.B. 218 merged with S.B. 301)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T15 > C249 > 249_422

Fee imposed to repair lateral sewer service lines for certainresidential property and in certain counties--condominiumsresponsible for proportionate share--ballot form--specialaccount established for fees collected.

249.422. 1. If approved by a majority of the voters voting on theproposal, any city, town, village or county on behalf of the unincorporatedarea, located either within the boundaries of a sewer district establishedpursuant to article VI, section 30(a) of the Missouri Constitution orwithin any county of the first classification having a charter form ofgovernment with a population of more than two hundred ten thousandinhabitants but less than three hundred thousand inhabitants, may by city,town, village or county ordinance levy and impose annually for the repairof lateral sewer service lines on or connecting residential property havingsix or less dwelling units a fee not to exceed fifty dollars per year. Anycity, town, village, or county that establishes or increases the fee usedto repair any portion of the lateral sewer service line shall include alldefective portions of the lateral sewer service line from the residentialstructure to its connection with the public sewer system line.Notwithstanding any provision of chapter 448, RSMo, the fee imposedpursuant to this chapter shall be imposed upon condominiums that have sixor less condominium units per building and each condominium unit shall beresponsible for its proportionate share of any fee charged pursuant to thischapter, and in addition, any condominium unit shall, if determined to beresponsible for and served by its own individual lateral sewer line, betreated as an individual residence regardless of the number of units in thedevelopment. It shall be the responsibility of the condominium owner orcondominium association who are of the opinion that they are not properlyclassified as provided in this section to notify the county officeadministering the program. Where an existing sewer lateral program was ineffect prior to August 28, 2003, condominium and apartment units notpreviously enrolled may be ineligible for enrollment if it is determinedthat the sewer lateral serving the unit is defective.

2. The question shall be submitted in substantially the followingform:

Shall a maximum charge not to exceed fifty dollars be assessedannually on residential property for each lateral sewer service lineserving six or less dwelling units on that property and condominiums thathave six or less condominium units per building and any condominiumresponsible for its own individual lateral sewer line to provide funds topay the cost of certain repairs of those lateral sewer service lines whichmay be billed quarterly or annually?

â ã YES â ã NO

3. If a majority of the voters voting thereon approve the proposalprovided for in subsection 2 of this section, the governing body of thecity, town, village or county may enact an ordinance for the collection andadministration of such fee in order to protect the public health, welfare,peace and safety. The funds collected pursuant to such ordinance shall bedeposited in a special account to be used solely for the purpose of payingfor all or a portion of the costs reasonably associated with and necessaryto administer and carry out the defective lateral sewer service linerepairs. All interest generated on deposited funds shall be accrued to thespecial account established for the repair of lateral sewer service lines.

(L. 1995 H.B. 88 § 21 merged with H.B. 484 § 1 merged with S.B. 228 § 1, A.L. 1997 H.B. 709, A.L. 2000 S.B. 741, A.L. 2003 S.B. 218 merged with S.B. 301)