249.060. Objections heard and determined by court--may alter boundaries--costs to include what--effect of incorporation.
Objections heard and determined by court--may alter boundaries--coststo include what--effect of incorporation.
249.060. 1. On or before the time fixed by the court forhearing objections as herein provided any person owning propertythat will be affected by the organization of the proposed sewerdistrict or said proposed improvements, may file in the office ofthe clerk of the circuit court written objections to the petitionor to the report of the engineer, or to both, setting forththerein wherein the proposed improvement is not necessary for thepreservation of the public health or public welfare or will notbe of public utility or benefit, as the case may be, whichobjection shall be, by the court, heard and determined in asummary manner.
2. The court shall have the power upon the hearing to alterand amend the boundaries of such proposed district as describedin the report of the engineer, by excluding therefrom any part ofthe area which the court may find is so situated as not to bebenefited by the proposed system of sewers. In such case, if soordered by the court, the engineer shall file an amended reportand estimate of costs, within such time as the court shalldirect, and the hearing shall be continued to a date after thetime fixed for the filing of such amended report. On or beforethe time of such continued hearing, objections may be filed tosuch amended report to the same extent as herein provided forobjections to the original report of such engineer.
3. If, after hearing and determining such objections, thecourt finds the proposed improvements are necessary for thepreservation of the public health or public welfare or will be ofpublic utility or benefit and advisable, it shall find in favorof the petitioners and in favor of making the improvement of thetype or kind described in the petition. If the court shall findagainst the improvement it shall dismiss the petition andproceedings at the cost of the petitioners.
4. The compensation of the sanitary engineer and of otherpersons who may have been employed with the approval of the courtin the preparation of the plan and report of the engineerprovided for in section 249.040, shall be fixed by the court andtaxed as costs in like effect as fee bills are taxed and issuedby the clerk of the circuit court, and shall be paid by thepetitioners; provided, however, that if the court finds in favorof making the improvement, and incorporates the proposeddistrict, the costs of the proceedings may be paid by thedistrict out of funds of the district obtained by the sale ofbonds which may be authorized by the voters as hereinafterprovided.
5. If the court finds in favor of making the improvement itshall, by its order, incorporate the proposed district within theboundaries described in the report of the engineer, or as amendedby the court, into a sewer district for the purposes of sections249.010 to 249.420 for the number of years set out in thepetition, and shall designate same by the name set forth in thepetition. Such district shall then be a body corporate and apolitical subdivision of the state, shall possess the powers oflike or similar public corporations, shall be capable of suingand being sued in contract, in its corporate name, shall becapable of holding such real and personal property as may be atany time either donated to or acquired by it, all in accordancewith the provisions of sections 249.010 to 249.420. Within tendays after the said district shall have been incorporated, acertified copy of said finding and decree of incorporation shallbe filed in the office of the recorder of deeds of the countywhere the proceedings are pending and in the office of thesecretary of state.
(RSMo 1939 § 12642, A.L. 1951 p. 627)