24-1207.Meeting of steering committee; notice; election of board ofdirectors; officers; election on organization of district; voting placesand election procedures; certification of results to secretary of state;certificate of incorporation, issuance and recordation, when; actionsattacking incorporation, limitations.(a) Within 10 days after receipt of a certified copy of the chiefengineer's report approving the petition or resolution, or the petition orresolution as amended or revised by the chief engineer, the chairperson ofthe steering committee of the proposed district shall call a meeting of thecommittee by mailing a written notice fixing the time and place of suchmeeting to each member of the committee at least five days in advance ofthe time so fixed, unless such notice is duly waived. The committee shallmeet at the time and place fixed in the notice for the purpose of electingfrom their number a board of directors consistent with the number set outin the petition, and this board of directors, after being duly elected,shall elect from their number a president, vice-president, secretary andtreasurer, except that in a district having only three directors, the boardshall elect one person to hold the offices of secretary and treasurer. Theboard, by resolution, shall provide for the calling of an election of thequalified voters of the district for the purpose of submitting the questionof whether the district should be organized and created in accordance withthe petition or resolution, or the petition or resolution as amended orrevised by the chief engineer.
(b) The board shall designate one or more centrally located votingplaces within the proposed district, but if the territory of the proposeddistrict lies in more than one county, at least one voting place shall bedesignated within each county of the proposed district, andshall name and appoint three judges and two clerks for each voting placedesignated, which judges and clerks shall take an oath to faithfullyperform their duties as judges and clerks, respectively, and shall eachreceive compensation of $8 per day for their services. The board shallcause a notice of the special election to be published for threeconsecutive weeks in a newspaper of general circulation within the proposeddistrict, the first publication to be not less than 21 days prior to suchelection. If the proposed district lies in more than one county, a similarnotice shall be published in a newspaper of general circulation in each ofthe counties in which a part of the proposed district is located. Thenotice shall set forth the time and place or places of holding the electionand the proposition to be voted on, shall contain a copy of the petition orresolution, or the amended or revised petition or resolution (omitting themap attached thereto as an exhibit) and shall be signed by the presidentand attested by the secretary of the board. Any qualified voter shall beentitled to vote at such election. The vote at such election shall be byballot, and such ballot shall comply with the usual requirements for anofficial ballot for public office insofar as such requirements areapplicable thereto. Upon such ballot shall be printed the propositionsubmitted, preceded by the words, "Shall the following be adopted?" andfollowed by the words "To vote in favor of the proposition make a cross* mark in the square after the word 'Yes'" "To vote against theproposition make a cross * mark in the square after the word 'No.'"
(c) Returns from the election shall be made to the board ofdirectors who shall canvass the votes cast at the election on the secondFriday following the date of the election. The board shall immediatelycertify the results of the election to the secretary of state. If amajority of those voting on the proposition voted in favor of theorganization and creation of the district upon the petition or resolution,or amended or revised petition or resolution, the secretary of state shallthereupon issue to the board of directors a certificate of incorporationfor the district, which shall be filed of record in the office of theregister of deeds of each county in which all or a portion of the districtlies. Upon such recordation of the certificate of incorporation thedistrict shall be authorized to function in accordance with the provisionof this act and its certificate of incorporation. If a majority of thosevoting on the proposition voted against the organization and creation ofthe district, the secretary of state shall endorse that fact on the face ofthe petition or resolution and the proceedings shall be closed. No actionattacking the legal incorporation of any watershed district organized underthis section shall be maintained unless filed within 90 days after theissuance of the certificate of incorporation for such district by thesecretary of state, nor shall the alleged illegality of the incorporationof any such watershed district be interposed as a defense to any actionbrought after such time.
History: L. 1953, ch. 477, 7; L. 1955, ch. 201, § 5; L. 1957, ch. 226, § 4; L.1959, ch. 172, § 6; L. 1961, ch. 193, § 7;L. 1995, ch. 210, § 7; May 4.
24-1207.Meeting of steering committee; notice; election of board ofdirectors; officers; election on organization of district; voting placesand election procedures; certification of results to secretary of state;certificate of incorporation, issuance and recordation, when; actionsattacking incorporation, limitations.(a) Within 10 days after receipt of a certified copy of the chiefengineer's report approving the petition or resolution, or the petition orresolution as amended or revised by the chief engineer, the chairperson ofthe steering committee of the proposed district shall call a meeting of thecommittee by mailing a written notice fixing the time and place of suchmeeting to each member of the committee at least five days in advance ofthe time so fixed, unless such notice is duly waived. The committee shallmeet at the time and place fixed in the notice for the purpose of electingfrom their number a board of directors consistent with the number set outin the petition, and this board of directors, after being duly elected,shall elect from their number a president, vice-president, secretary andtreasurer, except that in a district having only three directors, the boardshall elect one person to hold the offices of secretary and treasurer. Theboard, by resolution, shall provide for the calling of an election of thequalified voters of the district for the purpose of submitting the questionof whether the district should be organized and created in accordance withthe petition or resolution, or the petition or resolution as amended orrevised by the chief engineer.
(b) The board shall designate one or more centrally located votingplaces within the proposed district, but if the territory of the proposeddistrict lies in more than one county, at least one voting place shall bedesignated within each county of the proposed district, andshall name and appoint three judges and two clerks for each voting placedesignated, which judges and clerks shall take an oath to faithfullyperform their duties as judges and clerks, respectively, and shall eachreceive compensation of $8 per day for their services. The board shallcause a notice of the special election to be published for threeconsecutive weeks in a newspaper of general circulation within the proposeddistrict, the first publication to be not less than 21 days prior to suchelection. If the proposed district lies in more than one county, a similarnotice shall be published in a newspaper of general circulation in each ofthe counties in which a part of the proposed district is located. Thenotice shall set forth the time and place or places of holding the electionand the proposition to be voted on, shall contain a copy of the petition orresolution, or the amended or revised petition or resolution (omitting themap attached thereto as an exhibit) and shall be signed by the presidentand attested by the secretary of the board. Any qualified voter shall beentitled to vote at such election. The vote at such election shall be byballot, and such ballot shall comply with the usual requirements for anofficial ballot for public office insofar as such requirements areapplicable thereto. Upon such ballot shall be printed the propositionsubmitted, preceded by the words, "Shall the following be adopted?" andfollowed by the words "To vote in favor of the proposition make a cross* mark in the square after the word 'Yes'" "To vote against theproposition make a cross * mark in the square after the word 'No.'"
(c) Returns from the election shall be made to the board ofdirectors who shall canvass the votes cast at the election on the secondFriday following the date of the election. The board shall immediatelycertify the results of the election to the secretary of state. If amajority of those voting on the proposition voted in favor of theorganization and creation of the district upon the petition or resolution,or amended or revised petition or resolution, the secretary of state shallthereupon issue to the board of directors a certificate of incorporationfor the district, which shall be filed of record in the office of theregister of deeds of each county in which all or a portion of the districtlies. Upon such recordation of the certificate of incorporation thedistrict shall be authorized to function in accordance with the provisionof this act and its certificate of incorporation. If a majority of thosevoting on the proposition voted against the organization and creation ofthe district, the secretary of state shall endorse that fact on the face ofthe petition or resolution and the proceedings shall be closed. No actionattacking the legal incorporation of any watershed district organized underthis section shall be maintained unless filed within 90 days after theissuance of the certificate of incorporation for such district by thesecretary of state, nor shall the alleged illegality of the incorporationof any such watershed district be interposed as a defense to any actionbrought after such time.
History: L. 1953, ch. 477, 7; L. 1955, ch. 201, § 5; L. 1957, ch. 226, § 4; L.1959, ch. 172, § 6; L. 1961, ch. 193, § 7;L. 1995, ch. 210, § 7; May 4.
24-1207.Meeting of steering committee; notice; election of board ofdirectors; officers; election on organization of district; voting placesand election procedures; certification of results to secretary of state;certificate of incorporation, issuance and recordation, when; actionsattacking incorporation, limitations.(a) Within 10 days after receipt of a certified copy of the chiefengineer's report approving the petition or resolution, or the petition orresolution as amended or revised by the chief engineer, the chairperson ofthe steering committee of the proposed district shall call a meeting of thecommittee by mailing a written notice fixing the time and place of suchmeeting to each member of the committee at least five days in advance ofthe time so fixed, unless such notice is duly waived. The committee shallmeet at the time and place fixed in the notice for the purpose of electingfrom their number a board of directors consistent with the number set outin the petition, and this board of directors, after being duly elected,shall elect from their number a president, vice-president, secretary andtreasurer, except that in a district having only three directors, the boardshall elect one person to hold the offices of secretary and treasurer. Theboard, by resolution, shall provide for the calling of an election of thequalified voters of the district for the purpose of submitting the questionof whether the district should be organized and created in accordance withthe petition or resolution, or the petition or resolution as amended orrevised by the chief engineer.
(b) The board shall designate one or more centrally located votingplaces within the proposed district, but if the territory of the proposeddistrict lies in more than one county, at least one voting place shall bedesignated within each county of the proposed district, andshall name and appoint three judges and two clerks for each voting placedesignated, which judges and clerks shall take an oath to faithfullyperform their duties as judges and clerks, respectively, and shall eachreceive compensation of $8 per day for their services. The board shallcause a notice of the special election to be published for threeconsecutive weeks in a newspaper of general circulation within the proposeddistrict, the first publication to be not less than 21 days prior to suchelection. If the proposed district lies in more than one county, a similarnotice shall be published in a newspaper of general circulation in each ofthe counties in which a part of the proposed district is located. Thenotice shall set forth the time and place or places of holding the electionand the proposition to be voted on, shall contain a copy of the petition orresolution, or the amended or revised petition or resolution (omitting themap attached thereto as an exhibit) and shall be signed by the presidentand attested by the secretary of the board. Any qualified voter shall beentitled to vote at such election. The vote at such election shall be byballot, and such ballot shall comply with the usual requirements for anofficial ballot for public office insofar as such requirements areapplicable thereto. Upon such ballot shall be printed the propositionsubmitted, preceded by the words, "Shall the following be adopted?" andfollowed by the words "To vote in favor of the proposition make a cross* mark in the square after the word 'Yes'" "To vote against theproposition make a cross * mark in the square after the word 'No.'"
(c) Returns from the election shall be made to the board ofdirectors who shall canvass the votes cast at the election on the secondFriday following the date of the election. The board shall immediatelycertify the results of the election to the secretary of state. If amajority of those voting on the proposition voted in favor of theorganization and creation of the district upon the petition or resolution,or amended or revised petition or resolution, the secretary of state shallthereupon issue to the board of directors a certificate of incorporationfor the district, which shall be filed of record in the office of theregister of deeds of each county in which all or a portion of the districtlies. Upon such recordation of the certificate of incorporation thedistrict shall be authorized to function in accordance with the provisionof this act and its certificate of incorporation. If a majority of thosevoting on the proposition voted against the organization and creation ofthe district, the secretary of state shall endorse that fact on the face ofthe petition or resolution and the proceedings shall be closed. No actionattacking the legal incorporation of any watershed district organized underthis section shall be maintained unless filed within 90 days after theissuance of the certificate of incorporation for such district by thesecretary of state, nor shall the alleged illegality of the incorporationof any such watershed district be interposed as a defense to any actionbrought after such time.
History: L. 1953, ch. 477, 7; L. 1955, ch. 201, § 5; L. 1957, ch. 226, § 4; L.1959, ch. 172, § 6; L. 1961, ch. 193, § 7;L. 1995, ch. 210, § 7; May 4.
