249.132. Extension of district boundaries, procedure--sanitary engineer appointed--report of findings.
Extension of district boundaries, procedure--sanitary engineerappointed--report of findings.
249.132. 1. Whenever any sewer district shall have been organized asprovided by sections 249.010 to 249.420, and it shall appear necessary,convenient or advisable to extend the boundaries of such district for thepurpose of including therein a contiguous area which could be efficientlyserved by the sewer system of such district, or by reasonable modifications,extensions or improvements thereof, the boundaries of such district may beextended in the following manner; provided that such extension shall notinclude any territory within the boundaries of any other sewer district.
2. The trustees of such district may, and shall upon a petitiontherefor, signed by twenty-five or more persons residing within such districtand owning property therein which is liable for assessment for the sewersconstructed therein, file with the circuit court having jurisdiction of suchdistrict a petition setting forth the reason or necessity for extending theboundaries of such district; the boundary lines of the proposed extension anda request for the appointment of a sanitary engineer, with duties as hereinprovided, and a prayer for such further action as may be necessary todetermine the question as to whether the boundaries of such district should beextended.
3. Upon the filing of such petition the said circuit court shall as soonas may be thereafter appoint a competent sanitary engineer, who shall possessthe qualifications and shall subscribe the same oath as are now provided forthe engineer appointed under the provisions of section 249.040.
4. Such engineer may alter or amend the boundaries of the proposedextension of the district as set forth in the petition so that such boundariesmay embrace all of the area capable of being efficiently served or drained bythe system of sewers in such district or by reasonable modifications,extensions or improvements thereof, or so as to exclude any part of the areawithin the proposed extended boundaries which is so situated as not to bebenefited by the sewer system of such district as changed or for the drainageof which the sewer system of such district is not or cannot be madeefficiently and economically adequate. For this purpose the engineer shallhave the power to make surveys and maps and do all things necessary to locateand describe such boundaries.
5. The engineer shall report whether or not he finds the proposedextension of such district will be for the preservation of the public healthor public welfare or will be of public utility or benefit and in such reporthe shall state what changes, if any, will be required to be made in the sewersystem within the boundaries of the district then existing and what extensionsor additions will be necessary in the territory proposed to be annexed, andthe probable cost thereof, in order to serve the territory within the proposedextended boundaries. The engineer shall file with his report a statement thathe has consulted with the department of health and senior services inconnection therewith, and he shall also file with his report any statement inwriting which may have been made to him by said department of health andsenior services covering the matters contained in such report.
6. The engineer shall within thirty days after his appointment, unlessfor good cause shown the court shall extend the time, report his findings inwriting to the court with such maps, profiles, drawings or other data as arenecessary to advise the court in the premises.
(L. 1951 p. 627 § 249.100, A.L. 1978 H.B. 1634)Effective 1-2-79