Section 247.350

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

Chapter 247

Effective - 28 Aug 1978   

  247.350.  Election to approve incorporation — procedure, form of ballot — rate of tax — directors. — 1.  The decree of incorporation shall not become final and conclusive until it shall have been submitted to voters of the proposed district and until it shall have been assented to by a majority vote of the voters of the district voting on the question.

  2.  The decree shall provide for the submission of the question of incorporating such districts and to vote on the maximum rate of levy for general operating purposes if such maximum rate shall exceed fifteen cents on the one hundred dollar valuation of the district, shall fix the date for holding such election.

  3.  The question of incorporating the district shall be submitted in substantially the following form:

Shall there be incorporated a ______ metropolitan water supply district?

  4.  Any question to determine the maximum rate of levy for general operation purposes in excess of fifteen cents on the one hundred dollars valuation shall be submitted in substantially the following form:  

Shall the ______ metropolitan water supply district be authorized to levy a tax not exceeding ______ cents per one hundred dollars assessed valuation for general operating purposes?

  5.  The return shall be certified to the circuit court having jurisdiction in the cause, and said court shall thereupon enter its order canvassing said returns and declaring the result of such election.  If upon such canvass and declaration it is found and determined that a majority of the voters of the district voting on the question shall have voted in favor of the question, the court shall enter its further order declaring the decree of incorporation to be final and conclusive.  In the event, however, that the court shall find the majority shall not have voted in favor of the question the court shall enter its further order declaring said decree of incorporation to be void and of no effect.

  6.  If the court enters an order declaring the decree of incorporation to be final and conclusive, it shall at the same time designate the first board of directors of said district from among the names of the voters who have been named in one or more petitions filed in said cause.  The court shall designate and the decree shall contain the appointment of two of such directors to serve for a term ending three years after the next succeeding second Tuesday in April, two of such directors to serve for a term ending three years after the next succeeding second Tuesday in April, two of such directors to serve for a term ending two years after the next succeeding second Tuesday in April, and one of such directors to serve for a term ending one year after the next succeeding second Tuesday in April.  The directors thus appointed by the court shall serve for the terms thus designated and until their successors shall have been appointed or elected as provided in section 247.430.

  7.  The court shall at the same time enter an order of^* record declaring the result of the submission of the question to determine the maximum rate of levy of the district, and shall set forth the amount beyond which the board shall not thereafter have power to order a levy except as otherwise provided in section 247.460 and which levy in no event shall exceed the sum of twenty-five cents on the one hundred dollar assessed valuation.

­­--------

(L. 1949 p. 350 § 12, A.L. 1978 H.B. 971)

*Word "or" appears in original rolls.