249.060. Objections heard and determined by court — may alter boundaries — costs to include what — effect of incorporation.

675 words·~3 min read·/mo/chapter-249/249-060

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249.060. Objections heard and determined by court — may alter boundaries — costs to include what — effect of incorporation. — 1. On or before the time fixed by the court for hearing objections as herein provided any person owning property that will be affected by the organization of the proposed sewer district or said proposed improvements, may file in the office of the clerk of the circuit court written objections to the petition or to the report of the engineer, or to both, setting forth therein wherein the proposed improvement is not necessary for the preservation of the public health or public welfare or will not be of public utility or benefit, as the case may be, which objection shall be, by the court, heard and determined in a summary manner.

2. The court shall have the power upon the hearing to alter and amend the boundaries of such proposed district as described in the report of the engineer, by excluding therefrom any part of the area which the court may find is so situated as not to be benefitted by the proposed system of sewers. In such case, if so ordered by the court, the engineer shall file an amended report and estimate of costs, within such time as the court shall direct, and the hearing shall be continued to a date after the time fixed for the filing of such amended report.

On or before the time of such continued hearing, objections may be filed to such amended report to the same extent as herein provided for objections to the original report of such engineer.

3. If, after hearing and determining such objections, the court finds the proposed improvements are necessary for the preservation of the public health or public welfare or will be of public utility or benefit and advisable, it shall find in favor of the petitioners and in favor of making the improvement of the type or kind described in the petition. If the court shall find against the improvement it shall dismiss the petition and proceedings at the cost of the petitioners.

4. The compensation of the sanitary engineer and of other persons who may have been employed with the approval of the court in the preparation of the plan and report of the engineer provided for in section 249.040 , shall be fixed by the court and taxed as costs in like effect as fee bills are taxed and issued by the clerk of the circuit court, and shall be paid by the petitioners; provided, however, that if the court finds in favor of making the improvement, and incorporates the proposed district, the costs of the proceedings may be paid by the district out of funds of the district obtained by the sale of bonds which may be authorized by the voters as hereinafter provided.

5. If the court finds in favor of making the improvement it shall, by its order, incorporate the proposed district within the boundaries described in the report of the engineer, or as amended by the court, into a sewer district for the purposes of sections 249.010 to 249.420 for the number of years set out in the petition, and shall designate same by the name set forth in the petition. Such district shall then be a body corporate and a political subdivision of the state, shall possess the powers of like or similar public corporations, shall be capable of suing and being sued in contract, in its corporate name, shall be capable of holding such real and personal property as may be at any time either donated to or acquired by it, all in accordance with the provisions of sections 249.010 to 249.420 .

Within ten days after the said district shall have been incorporated, a certified copy of said finding and decree of incorporation shall be filed in the office of the recorder of deeds of the county where the proceedings are pending and in the office of the secretary of state.

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(RSMo 1939 § 12642, A.L. 1951 p. 627)