Section 249.134

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

Chapter 249

Effective - 28 Aug 1978   

  249.134.  Hearings on proposed extension, notice — election, when ordered — decree of extension entered. — 1.  Immediately after the report of the engineer has been filed, the court shall fix a time at which it will hear such petition or any objections thereto and it shall be the duty of the clerk of the circuit court to cause a notice thereof to be published in some newspaper of general circulation in the county wherein the proceedings are pending, for three consecutive weeks, which notice shall set out the boundaries of the proposed extension of the district as shown in the report of the engineer, and shall notify all persons within such district and all persons within the boundaries of the proposed extension of such district, who own property liable for or which may become liable for taxation for the sewer system of such district or of such district if extended, that on or before the time so fixed by the court they may file objections to either or both the petition or the engineer's report and that such petition and that any objections thereto will be heard by the court at the time so fixed.

  2.  If upon the hearing upon such petition and objections the court shall find that an extension of the boundaries of such district within the boundaries as set forth in the engineer's report or within any part thereof is necessary for the preservation of the public health or public welfare or will be of public utility or benefit and will be advisable, the court shall find in favor of the petitioners and shall render its decree to that^* effect.  If the court shall find that such an extension is not necessary or will not be of public health or public welfare or will not be of public utility or benefit and will not be advisable, then it shall find against the petitioners and shall dismiss the petition.

  3.  If the court shall find in favor of the petitioners then (except as hereinbelow set out) it shall enter its order directing the election authority to call and hold separate elections, both in the original sewer district and in the territory proposed to be annexed, upon the question of whether such territory should be annexed to the sewer district.  The notice shall include a description of the territory to be annexed.

  4.  The question shall be submitted in substantially the following form:

Shall the ______ sewer district annex the contiguous area described in the notice for this election?

  5.  The election authority shall certify the results of the election to the circuit court having jurisdiction of the matter.  If a majority of the votes cast on the proposition, both in the original sewer district and in the territory to be annexed, shall be in favor of such annexation, then the court shall render a decree declaring the boundaries of such district to be extended and describing the boundaries of the district as extended.  If a majority of the votes cast on the proposition in either the original district or in the territory to be annexed shall be against such annexation, then the court shall render a decree declaring that the proposal to extend the boundaries has failed and that the boundaries of such sewer district shall remain unchanged.

  6.  Provided, however, that, notwithstanding the above provisions of this section, no election shall be held on the question of the annexation to a sewer district of contiguous territory in the following circumstances:  (a) That at or before the time the circuit court shall render the decree calling the election there shall be presented to the court a written statement agreeing to the annexation of the territory to the district, signed by a majority of the owners of land in the territory to be annexed, who shall also be the owners of more than one-half of the land in such territory; (The term "owner", as used in this provision, shall mean the holder of the legal title to a freehold interest in land, including mortgagors and grantors in deeds of trust to secure debts; remaindermen, reversioners, and holders of equitable interests shall not be considered in computing the number of owners who sign the petition or in computing the total number of owners in the territory); (b)  That the board of trustees of the sewer district to which the territory is to be annexed shall, by action recorded on its minutes, accept the annexation of such territory and shall file with the court a certified copy of the record of its action at or before the rendition of the decree calling the election.  If such a petition of landowners and such certified copy of the action of the board of trustees shall be filed with the court as above stated, and if the court shall find upon the hearing in favor of the petitioners, then the court shall render its decree declaring the boundaries of such district to be extended and describe the boundaries of the district as extended.  If the boundaries of the district be extended, a certified copy of the final decree shall be filed in the office of the recorder of deeds in the county in which such proceedings are pending and in the office of the secretary of state.

­­--------

(L. 1951 p. 627 § 249.101, A.L. 1978 H.B. 971)

*Word "the" appears in original rolls.