Missouri Revised Statutes

Mo. Rev. Stat. § 247.160 (2026)

Mains and equipment conveyed to city, when

✓ current as of May 2026
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  247.160.  Mains and equipment conveyed to city, when — conditions. — 1.  Whenever all or any part of the territory of any public water supply district organized under sections 247.010 to 247.220 is or has been included by annexation within the corporate limits of a municipality, the board of directors of any such district shall have the power to contract with such municipality for operating the waterworks system within such annexed area, or the board of directors may, subject to the provisions of this section and section 247.170, lease, contract to sell, sell or convey any or all of its water mains, plant or equipment located within such annexed area to such municipality and such contract shall also provide for the detachment and exclusion from such public water supply district of that part thereof located within the corporate limits of such city; provided, that in case of sale or conveyance, all bonds of the district, whether general obligation bonds constituting a lien on the property located within the district, or special obligation or revenue bonds constituting a lien on the income and revenues arising from the operation of the water system:

  (1)  Are paid in full, or

  (2)  A sum sufficient to pay all of such bonds together with interest accrued or to accrue thereon, together with other items of expense provided in such bonds, is deposited with the fiscal agent named in the bonds for the purpose of full payment, or

  (3)  Such city has entered into a firm commitment to pay in lump sum or installments not less than that proportion of the sum of all existing liquidated obligations and of all unpaid revenue bonds, with interest thereon to date, of such public water supply district, as the assessed valuation of the real and tangible personal property within the area annexed bears to the assessed valuation of all the real and tangible personal property within the entire area of such district, according to the official county assessment of such property as to December thirty-first of the calendar year next preceding, or

  (4)  Consent in writing is obtained from the holders of all such bonds.

  2.  In any such case in which the board of directors by agreement leases, contracts to sell, sells or conveys the property of the district within the annexed area to such a municipality, an application shall be made by one of the contracting parties to the circuit court originally incorporating such district, which application shall set forth a description of the annexed area, that part thereof sought to be detached and excluded, a copy of the agreement entered into by the parties, the facts concerning bondholders and their rights, and requesting an order of the court approving or disapproving such contract.

  3.  Upon the filing of such application, the court shall set a time for the hearing thereof and shall order a public notice setting forth the nature of the application, the annexed area affected and sought to be detached and excluded, a description of the property within the annexed area leased, contracted to be sold, sold or conveyed, and the time and place of such hearing, to be published for three weeks consecutively, in a newspaper published in the county in which the application is pending, the last publication to be not more than seven days before the date set for hearing.

  4.  If the court finds that the agreement protects the bondholders' rights and provides for the rendering of necessary water service in the territory embracing the district, then such agreement shall be fully effective upon approval by the court.  Such decree shall also thereupon vest in said city the absolute title, free and clear of all liens or encumbrances of every kind and character, to all tangible real and personal property of such public water supply district located within the part of such district situated within the corporate limits of such city, with full power in such city to use and dispose of such tangible real and personal property as it deems best in the public interest.  In the event that territory is detached and excluded from the district, the court shall include in its decree a description of the district after such detachment.  If a detachment of territory is made, the court shall also make any changes in subdistrict boundary lines the court deems necessary to meet the requirements of sections 247.010 to 247.227.  No subdistrict changes shall become effective until the next annual election of the board of directors.

  5.  In the event that territory is detached and excluded from the district, a certified copy of the court's order shall be filed by the circuit clerk in the office of the recorder of deeds, in the office of the county clerk in each county in which any of the territory of the district before the detachment is located, and in the office of the secretary of state.  Costs of the proceeding shall be borne by the petitioner or petitioners.

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(L. 1949 p. 255 § 12637.1, A.L. 2008 S.B. 956)

Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1960–2023 · leading case: State Ex Rel. Stern Bros. & Co. v. Stilley, 337 S.W.2d 934 (Mo. 1960).
State Ex Rel. Stern Bros. & Co. v. Stilley, 337 S.W.2d 934 (Mo. 1960). · cites it 34× “In general, the directors contend that the Water District has been relieved of a proportionate share of its liability for the payment *936 of the principal and interest of the bonds in suit because a part of the District, annexed by the City of Kansas City, was detached from the…”
Pub. Water Supply Dist. No. 16 v. City of Buckner, 44 S.W.3d 860 (Mo. Ct. App. 2001). · cites it 12× “In January 1995, PWSD filed a petition in Jackson County Circuit Court, seeking approval pursuant to section 247.160 of detachment agreements with various cities including Buckner.”
City of Harrisonville v. Pub. Water Supply Dist. No. 9, 49 S.W.3d 225 (Mo. Ct. App. 2001). · cites it 6× “031 affording the voters residing within water district territory the opportunity to petition for detachment from the district, and §§ 247.160 and 247.170 allowing contractual arrangements and detachment proceedings between municipalities and districts.”
Staff of The Missouri Pub. Serv. Comm'n v. Consol. Pub. Water Supply Dist. C-1 of Jefferson Cnty., Missouri, 474 S.W.3d 643 (Mo. Ct. App. 2015). · cites it 7× “1 (providing that if a “city owning a waterworks or water supply system” annexes land within a public water supply district, and the city and the district cannot reach an agreement or are otherwise “unable to proceed under section 247.160,” the eity can seek to. have the annexed…”
Robertson Props., Inc. v. Detachment of Territory From Pub. Water Supply Dist. No. 8 of Clay Cnty., 153 S.W.3d 320 (Mo. Ct. App. 2005). · cites it 3× “Other portions of the public water district law in Chapter 247 that deal with detachment from a district include Sections 247.160, 247.170, and 247.220. Section 247.”
Mathison v. Pub. Water Supply Dist. No. 2, 401 S.W.2d 424 (Mo. 1966). · cites it 5× “170 provides that “Whenever any city owning a waterworks or water supply system extends its corporate limits to include any part of the area in a public water supply district, and the city and the board of directors of the district are unable to agree upon a service, lease or…”
Pub. Water Supply Dist. No. 1 of Butler Cnty. v. City of Poplar Bluff, 12 S.W.3d 741 (Mo. Ct. App. 1999). · cites it 5× “In its second point on appeal, District claims the trial court misapplied or misstated state law when failing to require City to comply with the procedures established by §§ 247.160 and 247.170 with regard to detachment of territory included within a public water supply district…”
Pub. Water Supply Dist. No. 16 v. City of Buckner, 951 S.W.2d 743 (Mo. Ct. App. 1997). · cites it 3× ““The primary purpose of § 247.160 is to enable the District to transfer to the City the water distribution facilities in the annexed area under circumstances that will protect the rights of the holders of bonds of the Water District.”
Chance v. Pub. Water Supply Dist. No 16, 41 S.W.3d 523 (Mo. Ct. App. 2001). · cites it 2× “Section 247.160 establishes that, after a municipality annexes territory within a water district, the district can contract with the municipality to continue serving the annexed area or to sell or lease any or all of its operations within the district.”
Allen v. Pub. Water Supply Dist. No. 5 of Jefferson Cnty., 7 S.W.3d 537 (Mo. Ct. App. 1999). · cites it 2× “1 provides: Whenever any city owning a waterworks or water supply system extends its corporate limits to include any part of the area in a public water supply district, and the city and the board of directors of the district are unable to agree upon a service, lease or sale…”
Missouri Pub. Serv. Co. v. Platte-Clay Elec. Coop., Inc., 407 S.W.2d 883 (Mo. 1966). “For instance, in Chapter 247 dealing with public water supply districts, § 247.160 provides for the voluntary sale to a municipality of a district’s waterworks system upon annexation of all or part of a public water supply district.”
St. Louis Cnty. Library Dist. v. Hopkins, 375 S.W.2d 71 (Mo. 1964). · cites it 2× “Section 247.160, V.A.M.S., makes provision for the continued operation or disposition of the mains and equipment of a public water supply district when all or a part of its territory is annexed by a municipality.”
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