Section: 067.0463 Public hearing, procedure--apportionment of costs--special assessments, notice--payment and collection of assessments. RSMO 67.463


Published: 2015

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Missouri Revised Statutes













Chapter 67

Political Subdivisions, Miscellaneous Powers

←67.461

Section 67.463.1

67.465→

August 28, 2015

Public hearing, procedure--apportionment of costs--special assessments, notice--payment and collection of assessments.

67.463. 1. At the hearing to consider the proposed improvements and

assessments, the governing body shall hear and pass upon all objections to

the proposed improvements and proposed assessments, if any, and may amend

the proposed improvements, and the plans and specifications therefor, or

assessments as to any property, and thereupon by ordinance or resolution

the governing body of the city or county shall order that the improvement

be made and direct that financing for the cost thereof be obtained as

provided in sections 67.453 to 67.475.



2. After construction of the improvement has been completed in

accordance with the plans and specifications therefor, the governing body

shall compute the final costs of the improvement and apportion the costs

among the property benefitted by such improvement in such equitable manner

as the governing body shall determine, charging each parcel of property

with its proportionate share of the costs, and by resolution or ordinance,

assess the final cost of the improvement or the amount of general

obligation bonds issued or to be issued therefor as special assessments

against the property described in the assessment roll.



3. After the passage or adoption of the ordinance or resolution

assessing the special assessments, the city clerk or county clerk shall

mail a notice to each property owner within the district which sets forth a

description of each parcel of real property to be assessed which is owned

by such owner, the special assessment assigned to such property, and a

statement that the property owner may pay such assessment in full, together

with interest accrued thereon from the effective date of such ordinance or

resolution, on or before a specified date determined by the effective date

of the ordinance or resolution, or may pay such assessment in annual

installments as provided in subsection 4 of this section.



4. The special assessments shall be assessed upon the property

included therein concurrent with general property taxes, and shall be

payable in substantially equal annual installments for a duration stated in

the ballot measure prescribed in subsection 2 of section 67.457 or in the

petition prescribed in subsection 3 of section 67.457, and, if authorized,

an assessment in each year thereafter levied and collected in the same

manner with the proceeds thereof used solely for maintenance of the

improvement, taking into account such assessments and interest thereon, as

the governing body determines. The first installment shall be payable

after the first collection of general property taxes following the adoption

of the assessment ordinance or resolution unless such ordinance or

resolution was adopted and certified too late to permit its collection at

such time. All assessments shall bear interest at such rate as the

governing body determines, not to exceed the rate permitted for bonds by

section 108.170. Interest on the assessment between the effective date of

the ordinance or resolution assessing the assessment and the date the first

installment is payable shall be added to the first installment. The

interest for one year on all unpaid installments shall be added to each

subsequent installment until paid. In the case of a special assessment by

a city, all of the installments, together with the interest accrued or to

accrue thereon, may be certified by the city clerk to the county clerk in

one instrument at the same time. Such certification shall be good for all

of the installments, and the interest thereon payable as special

assessments.



5. Special assessments shall be collected and paid over to the city

treasurer or county treasurer in the same manner as taxes of the city or

county are collected and paid. In any county with a charter form of

government and with more than six hundred thousand but fewer than seven

hundred thousand inhabitants and any county of the first classification

with more than one hundred thirty-five thousand four hundred but fewer than

one hundred thirty-five thousand five hundred inhabitants, the county

collector may collect a fee as prescribed by section 52.260 for collection

of assessments under this section.



(L. 1991 S.B. 8 § 6, A.L. 1994 H.B. 1200 & 1192, A.L. 2007 S.B. 22,

A.L. 2013 H.B. 175 merged with H.B. 1035 merged with S.B. 248)



Effective 8-28-13 (H.B. 175)



8-28-13 (S.B. 248)



10-11-13 (H.B. 1035)



*H.B. 1035 effective 10-11-13, see § 21.250. H.B. 1035 was vetoed

July 12, 2013. The veto was overridden on September 11, 2013.





2007

1994



2007



67.463. 1. At the hearing to consider the proposed improvements and

assessments, the governing body shall hear and pass upon all objections to the

proposed improvements and proposed assessments, if any, and may amend the

proposed improvements, and the plans and specifications therefor, or

assessments as to any property, and thereupon by ordinance or resolution the

governing body of the city or county shall order that the improvement be made

and direct that financing for the cost thereof be obtained as provided in

sections 67.453 to 67.475.



2. After construction of the improvement has been completed in

accordance with the plans and specifications therefor, the governing body

shall compute the final costs of the improvement and apportion the costs among

the property benefitted by such improvement in such equitable manner as the

governing body shall determine, charging each parcel of property with its

proportionate share of the costs, and by resolution or ordinance, assess the

final cost of the improvement or the amount of general obligation bonds issued

or to be issued therefor as special assessments against the property described

in the assessment roll.



3. After the passage or adoption of the ordinance or resolution

assessing the special assessments, the city clerk or county clerk shall mail a

notice to each property owner within the district which sets forth a

description of each parcel of real property to be assessed which is owned by

such owner, the special assessment assigned to such property, and a statement

that the property owner may pay such assessment in full, together with

interest accrued thereon from the effective date of such ordinance or

resolution, on or before a specified date determined by the effective date of

the ordinance or resolution, or may pay such assessment in annual installments

as provided in subsection 4 of this section.



4. The special assessments shall be assessed upon the property included

therein concurrent with general property taxes, and shall be payable in

substantially equal annual installments for a duration stated in the ballot

measure prescribed in subsection 2 of section 67.457 or in the petition

prescribed in subsection 3 of section 67.457, and, if authorized, an

assessment in each year thereafter levied and collected in the same manner

with the proceeds thereof used solely for maintenance of the improvement,

taking into account such assessments and interest thereon, as the governing

body determines. The first installment shall be payable after the first

collection of general property taxes following the adoption of the assessment

ordinance or resolution unless such ordinance or resolution was adopted and

certified too late to permit its collection at such time. All assessments

shall bear interest at such rate as the governing body determines, not to

exceed the rate permitted for bonds by section 108.170. Interest on the

assessment between the effective date of the ordinance or resolution assessing

the assessment and the date the first installment is payable shall be added to

the first installment. The interest for one year on all unpaid installments

shall be added to each subsequent installment until paid. In the case of a

special assessment by a city, all of the installments, together with the

interest accrued or to accrue thereon, may be certified by the city clerk to

the county clerk in one instrument at the same time. Such certification shall

be good for all of the installments, and the interest thereon payable as

special assessments.



5. Special assessments shall be collected and paid over to the city

treasurer or county treasurer in the same manner as taxes of the city or

county are collected and paid. In any county of the first classification with

more than one hundred thirty-five thousand four hundred but fewer than one

hundred thirty-five thousand five hundred inhabitants, the county collector

may collect a fee as prescribed by section 52.260 for collection of

assessments under this section.



1994



67.463. 1. At the hearing to consider the proposed

improvements and assessments, the governing body shall hear and

pass upon all objections to the proposed improvements and

proposed assessments, if any, and may amend the proposed

improvements, and the plans and specifications therefor, or

assessments as to any property, and thereupon by ordinance or

resolution the governing body of the city or county shall order

that the improvement be made and direct that financing for the

cost thereof be obtained as provided in sections 67.453 to

67.475.



2. After construction of the improvement has been completed

in accordance with the plans and specifications therefor, the

governing body shall compute the final costs of the improvement

and apportion the costs among the property benefited by such

improvement in such equitable manner as the governing body shall

determine, charging each parcel of property with its

proportionate share of the costs, and by resolution or ordinance,

assess the final cost of the improvement or the amount of general

obligation bonds issued or to be issued therefor as special

assessments against the property described in the assessment

roll.



3. After the passage or adoption of the ordinance or

resolution assessing the special assessments, the city clerk or

county clerk shall mail a notice to each property owner within

the district which sets forth a description of each parcel of

real property to be assessed which is owned by such owner, the

special assessment assigned to such property, and a statement

that the property owner may pay such assessment in full, together

with interest accrued thereon from the effective date of such

ordinance or resolution, on or before a specified date determined

by the effective date of the ordinance or resolution, or may pay

such assessment in annual installments as provided in subsection

4 of this section.



4. The special assessments shall be assessed upon the

property included therein concurrent with general property taxes,

and shall be payable in substantially equal annual installments

for a duration stated in the ballot measure prescribed in

subsection 2 of section 67.457 or in the petition prescribed in

subsection 3 of section 67.457, and, if authorized, an assessment

in each year thereafter levied and collected in the same manner

with the proceeds thereof used solely for maintenance of the

improvement, taking into account such assessments and interest

thereon, as the governing body determines. The first installment

shall be payable after the first collection of general property

taxes following the adoption of the assessment ordinance or

resolution unless such ordinance or resolution was adopted and

certified too late to permit its collection at such time. All

assessments shall bear interest at such rate as the governing

body determines, not to exceed the rate permitted for bonds by

section 108.170, RSMo. Interest on the assessment between the

effective date of the ordinance or resolution assessing the

assessment and the date the first installment is payable shall be

added to the first installment. The interest for one year on all

unpaid installments shall be added to each subsequent installment

until paid. In the case of a special assessment by a city, all

of the installments, together with the interest accrued or to

accrue thereon, may be certified by the city clerk to the county

clerk in one instrument at the same time. Such certification

shall be good for all of the installments, and the interest

thereon payable as special assessments.



5. Special assessments shall be collected and paid over to

the city treasurer or county treasurer in the same manner as

taxes of the city or county are collected and paid.



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