Section 204.280

Title XII PUBLIC HEALTH AND WELFARE

Chapter 204

Effective - 28 Aug 1978   

  204.280.  Election called by county commissions at direction of circuit court — costs, how taxed. — 1.  The circuit court shall by order direct the county commission of any county partially within the proposed district to submit to the voters of the proposed district the question of the organization and incorporation of the proposed common sewer district, with boundaries as determined by the commissioners and approved by the circuit court.

  2.  The county clerk of each county shall certify to the circuit court the results of the election in that portion of the proposed district within his county.

  3.  If the circuit court finds that a majority of the votes cast on the question in each county favored the incorporation of the proposed district, the court shall issue a decree incorporating the area described in the commissioners' report as a common sewer district.  If the proposition is favored by a majority of those voting in the county containing the major portion of the district but not by a majority voting in the other county, the court shall change the boundaries to include only the area within the one county and shall decree the incorporation thereof.

  4.  If the question fails to receive a majority of the votes cast in the county containing the major portion of the proposed district, regardless of the results in the election in the other county, the court shall dismiss the petition and tax the costs of the proceedings and the election against the county which presented the petition.

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(L. 1967 p. 310 § 9, A.L. 1978 H.B. 971)