State Codes and Statutes

Statutes > Missouri > T15 > C249 > 249_810

Dissolution of district, procedure.

249.810. 1. The incorporation of every district, heretoforeor hereafter incorporated under and by virtue of the provisionsof sections 249.760 to 249.810, shall be dissolved if, at anytime before bonds are issued and negotiated to construct theworks and improvements as provided by the plan of reclamationadopted by its board of supervisors, twenty-five percent or moreof the registered voters of the district petition the circuitcourt wherein the district was incorporated for a dissolutionthereof; provided, that upon the filing of any such petition, thecircuit court shall, before dissolving the corporation, ascertainand determine the amount of money in the treasury of, or owingto, the district, and the amount of all warrants issued andunpaid by it and the amount of the debts and other obligationsowing by it; and, if the amount of money in the treasury andowing to the district is in excess of the amount of the warrants,debts and other obligations, the circuit court shall order suchwarrants, debts and other obligations to be forthwith paid anddischarged, and the excess divided among all the owners of landin the district who paid the same thereto, in the proportions inwhich they paid the same; but, if the amount of money, in thetreasury and owing to the corporation, is not sufficient to payand discharge the warrants, debts and other obligations, then thecircuit court shall order the board of supervisors to levy andcollect a uniform tax upon the real property within the district,sufficient in amount to pay the deficiency, and to thereupon paythe same.

2. At any time during the corporate life of the district,when all outstanding bonds have been paid and when all otherindebtedness of the district has been paid or when there issufficient money on hand to pay any and all outstandingindebtedness, and when there is sufficient money on hand to paythe costs and expenses of the dissolution of the corporation asherein provided, the board of supervisors may, and on a petitionof a number of voters equal to twenty-five percent of thosevoting at the last preceding election of supervisors shall,submit the question to the voters to determine whether or not thedistrict shall be dissolved and its corporate life terminated.

3. If the majority of the voters voting on the question votein favor of the dissolution of the incorporation of the district,the board of supervisors shall cause to be filed in the circuitcourt wherein the district was incorporated, a petition settingout the facts; that there are no outstanding bonds of thedistrict; that there is no other outstanding indebtedness of thedistrict, or that there is sufficient money on hand to pay anyoutstanding indebtedness, as the case may be, and that there issufficient money on hand to pay the cost and expenses of thedissolution; that due notice has been given of the meeting; and,that a majority, qualified as herein provided, voted in favor ofthe dissolution. Whereupon the court or the clerk thereof invacation shall cause notice to be given by publication in somenewspaper printed and published in the county for four successiveweeks, the last publication being not less than fifteen daysbefore the first day of the term to which the petition is madereturnable, directed to the creditors, landowners and all personsinterested, of the filing of the petition, its object andpurpose, and ordering them to show cause, if any there be, on thefirst day, why the corporation should not be dissolved.

4. If, upon a hearing of the petition, the court finds thefacts aforesaid and finds that there are no outstanding debts andthat there is sufficient money to pay the expenses ofdissolution, it shall enter its order dissolving saidcorporation. If it finds there is sufficient money on hand topay all outstanding debts, it shall order the debts paid andthereafter, on proper showing of their payment, enter its orderof dissolution.

(L. 1961 p. 451 § 21, A.L. 1978 H.B. 971, A.L. 1983 H.B. 371)

State Codes and Statutes

Statutes > Missouri > T15 > C249 > 249_810

Dissolution of district, procedure.

249.810. 1. The incorporation of every district, heretoforeor hereafter incorporated under and by virtue of the provisionsof sections 249.760 to 249.810, shall be dissolved if, at anytime before bonds are issued and negotiated to construct theworks and improvements as provided by the plan of reclamationadopted by its board of supervisors, twenty-five percent or moreof the registered voters of the district petition the circuitcourt wherein the district was incorporated for a dissolutionthereof; provided, that upon the filing of any such petition, thecircuit court shall, before dissolving the corporation, ascertainand determine the amount of money in the treasury of, or owingto, the district, and the amount of all warrants issued andunpaid by it and the amount of the debts and other obligationsowing by it; and, if the amount of money in the treasury andowing to the district is in excess of the amount of the warrants,debts and other obligations, the circuit court shall order suchwarrants, debts and other obligations to be forthwith paid anddischarged, and the excess divided among all the owners of landin the district who paid the same thereto, in the proportions inwhich they paid the same; but, if the amount of money, in thetreasury and owing to the corporation, is not sufficient to payand discharge the warrants, debts and other obligations, then thecircuit court shall order the board of supervisors to levy andcollect a uniform tax upon the real property within the district,sufficient in amount to pay the deficiency, and to thereupon paythe same.

2. At any time during the corporate life of the district,when all outstanding bonds have been paid and when all otherindebtedness of the district has been paid or when there issufficient money on hand to pay any and all outstandingindebtedness, and when there is sufficient money on hand to paythe costs and expenses of the dissolution of the corporation asherein provided, the board of supervisors may, and on a petitionof a number of voters equal to twenty-five percent of thosevoting at the last preceding election of supervisors shall,submit the question to the voters to determine whether or not thedistrict shall be dissolved and its corporate life terminated.

3. If the majority of the voters voting on the question votein favor of the dissolution of the incorporation of the district,the board of supervisors shall cause to be filed in the circuitcourt wherein the district was incorporated, a petition settingout the facts; that there are no outstanding bonds of thedistrict; that there is no other outstanding indebtedness of thedistrict, or that there is sufficient money on hand to pay anyoutstanding indebtedness, as the case may be, and that there issufficient money on hand to pay the cost and expenses of thedissolution; that due notice has been given of the meeting; and,that a majority, qualified as herein provided, voted in favor ofthe dissolution. Whereupon the court or the clerk thereof invacation shall cause notice to be given by publication in somenewspaper printed and published in the county for four successiveweeks, the last publication being not less than fifteen daysbefore the first day of the term to which the petition is madereturnable, directed to the creditors, landowners and all personsinterested, of the filing of the petition, its object andpurpose, and ordering them to show cause, if any there be, on thefirst day, why the corporation should not be dissolved.

4. If, upon a hearing of the petition, the court finds thefacts aforesaid and finds that there are no outstanding debts andthat there is sufficient money to pay the expenses ofdissolution, it shall enter its order dissolving saidcorporation. If it finds there is sufficient money on hand topay all outstanding debts, it shall order the debts paid andthereafter, on proper showing of their payment, enter its orderof dissolution.

(L. 1961 p. 451 § 21, A.L. 1978 H.B. 971, A.L. 1983 H.B. 371)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T15 > C249 > 249_810

Dissolution of district, procedure.

249.810. 1. The incorporation of every district, heretoforeor hereafter incorporated under and by virtue of the provisionsof sections 249.760 to 249.810, shall be dissolved if, at anytime before bonds are issued and negotiated to construct theworks and improvements as provided by the plan of reclamationadopted by its board of supervisors, twenty-five percent or moreof the registered voters of the district petition the circuitcourt wherein the district was incorporated for a dissolutionthereof; provided, that upon the filing of any such petition, thecircuit court shall, before dissolving the corporation, ascertainand determine the amount of money in the treasury of, or owingto, the district, and the amount of all warrants issued andunpaid by it and the amount of the debts and other obligationsowing by it; and, if the amount of money in the treasury andowing to the district is in excess of the amount of the warrants,debts and other obligations, the circuit court shall order suchwarrants, debts and other obligations to be forthwith paid anddischarged, and the excess divided among all the owners of landin the district who paid the same thereto, in the proportions inwhich they paid the same; but, if the amount of money, in thetreasury and owing to the corporation, is not sufficient to payand discharge the warrants, debts and other obligations, then thecircuit court shall order the board of supervisors to levy andcollect a uniform tax upon the real property within the district,sufficient in amount to pay the deficiency, and to thereupon paythe same.

2. At any time during the corporate life of the district,when all outstanding bonds have been paid and when all otherindebtedness of the district has been paid or when there issufficient money on hand to pay any and all outstandingindebtedness, and when there is sufficient money on hand to paythe costs and expenses of the dissolution of the corporation asherein provided, the board of supervisors may, and on a petitionof a number of voters equal to twenty-five percent of thosevoting at the last preceding election of supervisors shall,submit the question to the voters to determine whether or not thedistrict shall be dissolved and its corporate life terminated.

3. If the majority of the voters voting on the question votein favor of the dissolution of the incorporation of the district,the board of supervisors shall cause to be filed in the circuitcourt wherein the district was incorporated, a petition settingout the facts; that there are no outstanding bonds of thedistrict; that there is no other outstanding indebtedness of thedistrict, or that there is sufficient money on hand to pay anyoutstanding indebtedness, as the case may be, and that there issufficient money on hand to pay the cost and expenses of thedissolution; that due notice has been given of the meeting; and,that a majority, qualified as herein provided, voted in favor ofthe dissolution. Whereupon the court or the clerk thereof invacation shall cause notice to be given by publication in somenewspaper printed and published in the county for four successiveweeks, the last publication being not less than fifteen daysbefore the first day of the term to which the petition is madereturnable, directed to the creditors, landowners and all personsinterested, of the filing of the petition, its object andpurpose, and ordering them to show cause, if any there be, on thefirst day, why the corporation should not be dissolved.

4. If, upon a hearing of the petition, the court finds thefacts aforesaid and finds that there are no outstanding debts andthat there is sufficient money to pay the expenses ofdissolution, it shall enter its order dissolving saidcorporation. If it finds there is sufficient money on hand topay all outstanding debts, it shall order the debts paid andthereafter, on proper showing of their payment, enter its orderof dissolution.

(L. 1961 p. 451 § 21, A.L. 1978 H.B. 971, A.L. 1983 H.B. 371)