Section 162.441

Title XI EDUCATION AND LIBRARIES

Chapter 162

Effective - 28 Aug 2021, 3 histories   

  162.441.  Annexation — procedure, alternative — form of ballot. — 1.  If any school district desires to be attached to a community college district organized under sections 178.770 to 178.890 or to one or more adjacent seven-director school districts for school purposes, upon the receipt of a petition setting forth such fact, signed either by voters of the district equal in number to ten percent of those voting in the last school election at which school board members were elected or by a majority of the voters of the district, whichever is the lesser, the school board of the district desiring to be so attached shall submit the question to the voters at a November election.

  2.  As an alternative to the procedure in subsection 1 of this section, a seven-director district may, by a majority vote of its board of education, propose a plan to the voters of the district at a November election to attach the district to one or more adjacent seven-director districts and call an election upon the question of such plan.

  3.  As an alternative to the procedures in subsection 1 or 2 of this section, a community college district organized under sections 178.770 to 178.890 may, by a majority vote of its board of trustees, propose a plan to the voters of the school district at a November election to attach the school district to the community college district, levy the tax rate applicable to the community college district at the time of the vote of the board of trustees, and call an election upon the question of such plan.  The community college proposing the annexation shall appear at a public meeting of the school district to which the annexation is being proposed to present the annexation proposal.  The school board shall invite the community college to make this presentation at a regularly scheduled meeting no more than one hundred twenty days prior and no less than thirty days prior to the election to present the annexation proposal.  The tax rate applicable to the community college district shall not be levied as to the school district until the proposal by the board of trustees of the community college district has been approved by a majority vote of the voters of the school district at the election called for that purpose.  The community college district shall be responsible for the costs associated with the election.

  4.  A plat of the proposed changes to all affected districts shall be published and posted with the notice of election.

  5.  The question shall be submitted in substantially the following form:

Shall the ______ school district become a part of and be annexed to the ______ community college district effective the ______ day of ______, ______? If this proposition is approved, the overall tax levy in the school district will increase by the community college tax levy of $_____ per $100 of assessed valuation and all residents of the school district will be eligible for reduced community college tuition at the in-district rate.

  6.  If a majority of the votes cast in the district proposing annexation favor annexation, the secretary shall certify the fact, with a copy of the record, to the board of the district and to the boards of the districts to which annexation is proposed; whereupon the boards of the seven-director districts to which annexation is proposed shall meet to consider the advisability of receiving the district or a portion thereof, and if a majority of all the members of each board favor annexation, the boundary lines of the seven-director school districts from the effective date shall be changed to include the district, and the board shall immediately notify the secretary of the district which has been annexed of its action.

  7.  Upon the effective date of the annexation, all indebtedness, property and money on hand belonging thereto shall immediately pass to the seven-director school district.  If the district is annexed to more than one district, the provisions of sections 162.031 and 162.041 shall apply.

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(L. 1963 p. 200 § 3-43, p. 341 and p. 342 § 165.300, A.L. 1965 p. 282 § 165.300, A.L. 1973 H.B. 158, A.L. 1978 H.B. 971, A.L. 1992 S.B. 581, A.L. 2018 H.B. 1291 merged with H.B. 1744 merged with S.B. 592 merged with S.B. 807 & 577 merged with S.B. 990, A.L. 2021 H.B. 297)

(Source: RSMo 1959 § 165.300)