Hearings on proposed extension, notice--election, when ordered--decreeof extension entered.
249.134. 1. Immediately after the report of the engineerhas been filed, the court shall fix a time at which it will hearsuch petition or any objections thereto and it shall be the dutyof the clerk of the circuit court to cause a notice thereof to bepublished in some newspaper of general circulation in the countywherein the proceedings are pending, for three consecutive weeks,which notice shall set out the boundaries of the proposedextension of the district as shown in the report of the engineer,and shall notify all persons within such district and all personswithin the boundaries of the proposed extension of such district,who own property liable for or which may become liable fortaxation for the sewer system of such district or of suchdistrict if extended, that on or before the time so fixed by thecourt they may file objections to either or both the petition orthe engineer's report and that such petition and that anyobjections thereto will be heard by the court at the time sofixed.
2. If upon the hearing upon such petition and objections thecourt shall find that an extension of the boundaries of suchdistrict within the boundaries as set forth in the engineer'sreport or within any part thereof is necessary for thepreservation of the public health or public welfare or will be ofpublic utility or benefit and will be advisable, the court shallfind in favor of the petitioners and shall render its decree tothat* effect. If the court shall find that such an extension isnot necessary or will not be of public health or public welfareor will not be of public utility or benefit and will not beadvisable, then it shall find against the petitioners and shalldismiss the petition.
3. If the court shall find in favor of the petitioners then(except as hereinbelow set out) it shall enter its orderdirecting the election authority to call and hold separateelections, both in the original sewer district and in theterritory proposed to be annexed, upon the question of whethersuch territory should be annexed to the sewer district. Thenotice shall include a description of the territory to beannexed.
4. The question shall be submitted in substantially thefollowing form:
Shall the ......... sewer district annex the contiguous areadescribed in the notice for this election?
5. The election authority shall certify the results of theelection to the circuit court having jurisdiction of the matter.If a majority of the votes cast on the proposition, both in theoriginal sewer district and in the territory to be annexed, shallbe in favor of such annexation, then the court shall render adecree declaring the boundaries of such district to be extendedand describing the boundaries of the district as extended. If amajority of the votes cast on the proposition in either theoriginal district or in the territory to be annexed shall beagainst such annexation, then the court shall render a decreedeclaring that the proposal to extend the boundaries has failedand that the boundaries of such sewer district shall remainunchanged.
6. Provided, however, that, notwithstanding the aboveprovisions of this section, no election shall be held on thequestion of the annexation to a sewer district of contiguousterritory in the following circumstances: (a) That at or beforethe time the circuit court shall render the decree calling theelection there shall be presented to the court a writtenstatement agreeing to the annexation of the territory to thedistrict, signed by a majority of the owners of land in theterritory to be annexed, who shall also be the owners of morethan one-half of the land in such territory; (The term "owner",as used in this provision, shall mean the holder of the legaltitle to a freehold interest in land, including mortgagors andgrantors in deeds of trust to secure debts; remaindermen,reversioners, and holders of equitable interests shall not beconsidered in computing the number of owners who sign thepetition or in computing the total number of owners in theterritory); (b) That the board of trustees of the sewer districtto which the territory is to be annexed shall, by action recordedon its minutes, accept the annexation of such territory and shallfile with the court a certified copy of the record of its actionat or before the rendition of the decree calling the election.If such a petition of landowners and such certified copy of theaction of the board of trustees shall be filed with the court asabove stated, and if the court shall find upon the hearing infavor of the petitioners, then the court shall render its decreedeclaring the boundaries of such district to be extended anddescribe the boundaries of the district as extended. If theboundaries of the district be extended, a certified copy of thefinal decree shall be filed in the office of the recorder ofdeeds in the county in which such proceedings are pending and inthe office of the secretary of state.
Hearings on proposed extension, notice--election, when ordered--decreeof extension entered.
249.134. 1. Immediately after the report of the engineerhas been filed, the court shall fix a time at which it will hearsuch petition or any objections thereto and it shall be the dutyof the clerk of the circuit court to cause a notice thereof to bepublished in some newspaper of general circulation in the countywherein the proceedings are pending, for three consecutive weeks,which notice shall set out the boundaries of the proposedextension of the district as shown in the report of the engineer,and shall notify all persons within such district and all personswithin the boundaries of the proposed extension of such district,who own property liable for or which may become liable fortaxation for the sewer system of such district or of suchdistrict if extended, that on or before the time so fixed by thecourt they may file objections to either or both the petition orthe engineer's report and that such petition and that anyobjections thereto will be heard by the court at the time sofixed.
2. If upon the hearing upon such petition and objections thecourt shall find that an extension of the boundaries of suchdistrict within the boundaries as set forth in the engineer'sreport or within any part thereof is necessary for thepreservation of the public health or public welfare or will be ofpublic utility or benefit and will be advisable, the court shallfind in favor of the petitioners and shall render its decree tothat* effect. If the court shall find that such an extension isnot necessary or will not be of public health or public welfareor will not be of public utility or benefit and will not beadvisable, then it shall find against the petitioners and shalldismiss the petition.
3. If the court shall find in favor of the petitioners then(except as hereinbelow set out) it shall enter its orderdirecting the election authority to call and hold separateelections, both in the original sewer district and in theterritory proposed to be annexed, upon the question of whethersuch territory should be annexed to the sewer district. Thenotice shall include a description of the territory to beannexed.
4. The question shall be submitted in substantially thefollowing form:
Shall the ......... sewer district annex the contiguous areadescribed in the notice for this election?
5. The election authority shall certify the results of theelection to the circuit court having jurisdiction of the matter.If a majority of the votes cast on the proposition, both in theoriginal sewer district and in the territory to be annexed, shallbe in favor of such annexation, then the court shall render adecree declaring the boundaries of such district to be extendedand describing the boundaries of the district as extended. If amajority of the votes cast on the proposition in either theoriginal district or in the territory to be annexed shall beagainst such annexation, then the court shall render a decreedeclaring that the proposal to extend the boundaries has failedand that the boundaries of such sewer district shall remainunchanged.
6. Provided, however, that, notwithstanding the aboveprovisions of this section, no election shall be held on thequestion of the annexation to a sewer district of contiguousterritory in the following circumstances: (a) That at or beforethe time the circuit court shall render the decree calling theelection there shall be presented to the court a writtenstatement agreeing to the annexation of the territory to thedistrict, signed by a majority of the owners of land in theterritory to be annexed, who shall also be the owners of morethan one-half of the land in such territory; (The term "owner",as used in this provision, shall mean the holder of the legaltitle to a freehold interest in land, including mortgagors andgrantors in deeds of trust to secure debts; remaindermen,reversioners, and holders of equitable interests shall not beconsidered in computing the number of owners who sign thepetition or in computing the total number of owners in theterritory); (b) That the board of trustees of the sewer districtto which the territory is to be annexed shall, by action recordedon its minutes, accept the annexation of such territory and shallfile with the court a certified copy of the record of its actionat or before the rendition of the decree calling the election.If such a petition of landowners and such certified copy of theaction of the board of trustees shall be filed with the court asabove stated, and if the court shall find upon the hearing infavor of the petitioners, then the court shall render its decreedeclaring the boundaries of such district to be extended anddescribe the boundaries of the district as extended. If theboundaries of the district be extended, a certified copy of thefinal decree shall be filed in the office of the recorder ofdeeds in the county in which such proceedings are pending and inthe office of the secretary of state.
Hearings on proposed extension, notice--election, when ordered--decreeof extension entered.
249.134. 1. Immediately after the report of the engineerhas been filed, the court shall fix a time at which it will hearsuch petition or any objections thereto and it shall be the dutyof the clerk of the circuit court to cause a notice thereof to bepublished in some newspaper of general circulation in the countywherein the proceedings are pending, for three consecutive weeks,which notice shall set out the boundaries of the proposedextension of the district as shown in the report of the engineer,and shall notify all persons within such district and all personswithin the boundaries of the proposed extension of such district,who own property liable for or which may become liable fortaxation for the sewer system of such district or of suchdistrict if extended, that on or before the time so fixed by thecourt they may file objections to either or both the petition orthe engineer's report and that such petition and that anyobjections thereto will be heard by the court at the time sofixed.
2. If upon the hearing upon such petition and objections thecourt shall find that an extension of the boundaries of suchdistrict within the boundaries as set forth in the engineer'sreport or within any part thereof is necessary for thepreservation of the public health or public welfare or will be ofpublic utility or benefit and will be advisable, the court shallfind in favor of the petitioners and shall render its decree tothat* effect. If the court shall find that such an extension isnot necessary or will not be of public health or public welfareor will not be of public utility or benefit and will not beadvisable, then it shall find against the petitioners and shalldismiss the petition.
3. If the court shall find in favor of the petitioners then(except as hereinbelow set out) it shall enter its orderdirecting the election authority to call and hold separateelections, both in the original sewer district and in theterritory proposed to be annexed, upon the question of whethersuch territory should be annexed to the sewer district. Thenotice shall include a description of the territory to beannexed.
4. The question shall be submitted in substantially thefollowing form:
Shall the ......... sewer district annex the contiguous areadescribed in the notice for this election?
5. The election authority shall certify the results of theelection to the circuit court having jurisdiction of the matter.If a majority of the votes cast on the proposition, both in theoriginal sewer district and in the territory to be annexed, shallbe in favor of such annexation, then the court shall render adecree declaring the boundaries of such district to be extendedand describing the boundaries of the district as extended. If amajority of the votes cast on the proposition in either theoriginal district or in the territory to be annexed shall beagainst such annexation, then the court shall render a decreedeclaring that the proposal to extend the boundaries has failedand that the boundaries of such sewer district shall remainunchanged.
6. Provided, however, that, notwithstanding the aboveprovisions of this section, no election shall be held on thequestion of the annexation to a sewer district of contiguousterritory in the following circumstances: (a) That at or beforethe time the circuit court shall render the decree calling theelection there shall be presented to the court a writtenstatement agreeing to the annexation of the territory to thedistrict, signed by a majority of the owners of land in theterritory to be annexed, who shall also be the owners of morethan one-half of the land in such territory; (The term "owner",as used in this provision, shall mean the holder of the legaltitle to a freehold interest in land, including mortgagors andgrantors in deeds of trust to secure debts; remaindermen,reversioners, and holders of equitable interests shall not beconsidered in computing the number of owners who sign thepetition or in computing the total number of owners in theterritory); (b) That the board of trustees of the sewer districtto which the territory is to be annexed shall, by action recordedon its minutes, accept the annexation of such territory and shallfile with the court a certified copy of the record of its actionat or before the rendition of the decree calling the election.If such a petition of landowners and such certified copy of theaction of the board of trustees shall be filed with the court asabove stated, and if the court shall find upon the hearing infavor of the petitioners, then the court shall render its decreedeclaring the boundaries of such district to be extended anddescribe the boundaries of the district as extended. If theboundaries of the district be extended, a certified copy of thefinal decree shall be filed in the office of the recorder ofdeeds in the county in which such proceedings are pending and inthe office of the secretary of state.
