Section 249.480

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

Chapter 249

Effective - 28 Aug 1983   

  249.480.  Resolution to be published — hearing of protest. — 1.  The county commission shall set a day for hearing anyone who might be interested with regard to the proposed work and shall publish the resolution with a notice of the time and place of hearing in some local newspaper of general circulation, published in the county, and if possible in the district affected by the resolution, and designated by the county commission, at least two weeks before the date of the hearing, and by posting a copy of the resolution in five public places in the proposed sewer district or districts.  At such hearing anyone interested in the proposed construction or operation of sewers may appear and present his views to the county commission.

  2.  Unless a majority of the registered voters within the sewer districts shall file a protest in writing with the county clerk on or before the day set for a hearing, the county commission may proceed with the construction of the sewers.  If such a majority protest is filed, the county commission shall have no authority to proceed with said work unless the department of health and senior services or the department of natural resources files with the county clerk a written recommendation that such sewer is necessary for sanitary or other purposes, in which case the county commission shall have the right to proceed as if no protest had been filed.  The determination of the county commission as to the sufficiency of any protest shall be conclusive unless such determination is attacked by a proceeding in the circuit court within ten days after such determination.  After the expiration of six months after the filing of any such protest a new resolution may be adopted if deemed necessary by the county commission.

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(L. 1941 p. 557 § 6, A.L. 1983 H.B. 371)