Objections, who may file, disposition--filing and recording decreeof incorporation.
249.767. 1. Any voter who may not have signed the petition,objecting to the organization and incorporation of the sewerdistrict, shall, on or before the first day of the term of courtat which the cause is to be heard, file his objection why thesewer district should not be organized and incorporated. Theobjection shall be limited to a denial of the statements in thepetition, and shall be heard by the court in a summary manner,without unnecessary delay, and in case all such objections, ifany, are overruled, the circuit court shall by its order, dulyentered of record, duly declare and decree the sewer district apublic corporation of this state. The court may amend thepetition by changing the proposed boundaries in such manner as toexclude an objecting party from the proposed district. If thecourt finds that the property set out in the petition should notbe incorporated into a sewer district, it shall dismiss theproceedings and adjudge the costs against the signers of thepetition.
2. Any person having signed the petition shall have no rightto have the proceedings dismissed as to him without the writtenconsent of the majority of the voters who signed the petition.The petition may be amended as any other pleading.
3. Within sixty days after the district has been declared apublic corporation by the court, the clerk thereof shall transmitto the secretary of state a certified copy of the findings anddecree of the court incorporating the district, and the sameshall be filed in the office of the secretary of state in thesame manner as articles of incorporation are now required to befiled under the general law concerning corporations.
4. A copy of the findings and decree, together with a platof the district, shall also be filed in the office of the countyrecorder, where the same shall become a permanent record, and therecorder shall receive a fee of one dollar for filing andpreserving the same.
(L. 1961 p. 451 § 4, A.L. 1978 H.B. 971)
(1974) An interested party may intervene even though not a landowner within the proposed district. State ex rel. Imperial Utility Corp. v. Hess (A.), 514 S.W.2d 645.
Objections, who may file, disposition--filing and recording decreeof incorporation.
249.767. 1. Any voter who may not have signed the petition,objecting to the organization and incorporation of the sewerdistrict, shall, on or before the first day of the term of courtat which the cause is to be heard, file his objection why thesewer district should not be organized and incorporated. Theobjection shall be limited to a denial of the statements in thepetition, and shall be heard by the court in a summary manner,without unnecessary delay, and in case all such objections, ifany, are overruled, the circuit court shall by its order, dulyentered of record, duly declare and decree the sewer district apublic corporation of this state. The court may amend thepetition by changing the proposed boundaries in such manner as toexclude an objecting party from the proposed district. If thecourt finds that the property set out in the petition should notbe incorporated into a sewer district, it shall dismiss theproceedings and adjudge the costs against the signers of thepetition.
2. Any person having signed the petition shall have no rightto have the proceedings dismissed as to him without the writtenconsent of the majority of the voters who signed the petition.The petition may be amended as any other pleading.
3. Within sixty days after the district has been declared apublic corporation by the court, the clerk thereof shall transmitto the secretary of state a certified copy of the findings anddecree of the court incorporating the district, and the sameshall be filed in the office of the secretary of state in thesame manner as articles of incorporation are now required to befiled under the general law concerning corporations.
4. A copy of the findings and decree, together with a platof the district, shall also be filed in the office of the countyrecorder, where the same shall become a permanent record, and therecorder shall receive a fee of one dollar for filing andpreserving the same.
(L. 1961 p. 451 § 4, A.L. 1978 H.B. 971)
(1974) An interested party may intervene even though not a landowner within the proposed district. State ex rel. Imperial Utility Corp. v. Hess (A.), 514 S.W.2d 645.
Objections, who may file, disposition--filing and recording decreeof incorporation.
249.767. 1. Any voter who may not have signed the petition,objecting to the organization and incorporation of the sewerdistrict, shall, on or before the first day of the term of courtat which the cause is to be heard, file his objection why thesewer district should not be organized and incorporated. Theobjection shall be limited to a denial of the statements in thepetition, and shall be heard by the court in a summary manner,without unnecessary delay, and in case all such objections, ifany, are overruled, the circuit court shall by its order, dulyentered of record, duly declare and decree the sewer district apublic corporation of this state. The court may amend thepetition by changing the proposed boundaries in such manner as toexclude an objecting party from the proposed district. If thecourt finds that the property set out in the petition should notbe incorporated into a sewer district, it shall dismiss theproceedings and adjudge the costs against the signers of thepetition.
2. Any person having signed the petition shall have no rightto have the proceedings dismissed as to him without the writtenconsent of the majority of the voters who signed the petition.The petition may be amended as any other pleading.
3. Within sixty days after the district has been declared apublic corporation by the court, the clerk thereof shall transmitto the secretary of state a certified copy of the findings anddecree of the court incorporating the district, and the sameshall be filed in the office of the secretary of state in thesame manner as articles of incorporation are now required to befiled under the general law concerning corporations.
4. A copy of the findings and decree, together with a platof the district, shall also be filed in the office of the countyrecorder, where the same shall become a permanent record, and therecorder shall receive a fee of one dollar for filing andpreserving the same.
(L. 1961 p. 451 § 4, A.L. 1978 H.B. 971)
(1974) An interested party may intervene even though not a landowner within the proposed district. State ex rel. Imperial Utility Corp. v. Hess (A.), 514 S.W.2d 645.
