51-15-113 - Order and notice of election.
§ 51-15-113. Order and notice of election.
If the court or chancellor thereof finds that the proposed waterway district should be organized, a decree shall be so entered by the court which shall become final unless an election is called as hereinafter provided. A notice as provided by the decree of the court creating such district shall be published once each week for at least three consecutive weeks in at least one newspaper having general circulation or published in each county of the district as specified in such decree, stating that the decree shall become final forty-five days after its entry unless twenty per cent (20%) of the qualified electors of any county or counties shall petition the court for an election on the question of the inclusion of such county in the district. If there be no newspaper published in any such county, then it shall be sufficient to publish such notice in a newspaper having general circulation in said county and, in addition, to post a copy of such notice for at least twenty-one days next preceding the decree becoming final at three public places in such county. The first publication of such notice shall be made in each county within ten days after entry of said decree. In the event such petition is filed by twenty per cent (20%) of the qualified electors of any county, an election shall be held in such county as hereinafter provided. The election shall be held not less than twenty-one nor more than forty-five days from the final date of such order, whereby the qualified electors within such county may determine if such county shall be a part of such proposed district. The election shall be called by the board of supervisors of the county, and notice of the election shall be given by publishing a substantial copy of the order of the board of supervisors providing for the election once a week for at least three consecutive weeks, in at least one newspaper published in each county in which an election is to be held. The first publication of such notice shall be made not less than twenty-one days prior to the date fixed for such election. If no newspaper is published in any such county, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such county and, in addition, by posting a copy of such notice for at least twenty-one days next preceding such election at three public places in such county.
Sources: Codes, 1942, § 5956-177; Laws, 1962, ch. 222, § 4(d); Laws, 1962, 2d Ex. Sess., ch. 31, § 1(d), eff from and after passage (approved Dec. 21, 1962).