Section 249.767

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY

Chapter 249

Effective - 28 Aug 1978   

  249.767.  Objections, who may file, disposition — filing and recording decree of incorporation. — 1.  Any voter who may not have signed the petition, objecting to the organization and incorporation of the sewer district, shall, on or before the first day of the term of court at which the cause is to be heard, file his objection why the sewer district should not be organized and incorporated.  The objection shall be limited to a denial of the statements in the petition, and shall be heard by the court in a summary manner, without unnecessary delay, and in case all such objections, if any, are overruled, the circuit court shall by its order, duly entered of record, duly declare and decree the sewer district a public corporation of this state.  The court may amend the petition by changing the proposed boundaries in such manner as to exclude an objecting party from the proposed district.  If the court finds that the property set out in the petition should not be incorporated into a sewer district, it shall dismiss the proceedings and adjudge the costs against the signers of the petition.

  2.  Any person having signed the petition shall have no right to have the proceedings dismissed as to him without the written consent of the majority of the voters who signed the petition.  The petition may be amended as any other pleading.

  3.  Within sixty days after the district has been declared a public corporation by the court, the clerk thereof shall transmit to the secretary of state a certified copy of the findings and decree of the court incorporating the district, and the same shall be filed in the office of the secretary of state in the same manner as articles of incorporation are now required to be filed under the general law concerning corporations.

  4.  A copy of the findings and decree, together with a plat of the district, shall also be filed in the office of the county recorder, where the same shall become a permanent record, and the recorder shall receive a fee of one dollar for filing and preserving the same.

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(L. 1961 p. 451 § 4, A.L. 1978 H.B. 971)