Section 321.400

Title XXI PUBLIC SAFETY AND MORALS

Chapter 321

Effective - 28 Aug 1978   

  321.400.  Circuit court may call for an election to determine dissolution of district. — If the court shall find that it is to the best interest of the inhabitants of said district that such district be dissolved, it shall make an order reciting the same and providing for the submission of the proposition to dissolve such district to a vote of the voters of the district, setting forth such further details in its order as may be necessary to an orderly conduct of such election.  Such election shall be held at the municipal election.  Returns of said election shall be certified to the court.  If the court finds that two-thirds of the voters voting thereon shall have voted in favor of the proposition to dissolve said district, the court shall make a final order dissolving said district, and the decree shall contain a proviso that said district shall continue in full force for the purpose of paying all outstanding and lawful obligations and disposing of property of the district; but no additional costs or obligations shall be created except such as are necessary to pay such costs, obligations and liabilities theretofore incurred, or necessary to the winding up of the district.  If the court shall find that two-thirds of the voters of the district voting thereon shall not have voted favorably on the proposition to dissolve such district, then the court shall make a final order declaring such result dismissing the petition praying for the dissolution of said district; and the said district shall continue to operate in the same manner as though said petition asking for such dissolution has not been filed.

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(L. 1947 V. I p. 432 § 40, A.L. 1978 H.B. 971)