233.520. Disincorporation, petition required, contents--county commission to appoint trustee, when--powers of trustee.
Disincorporation, petition required, contents--county commissionto appoint trustee, when--powers of trustee.
233.520. 1. Whenever a petition, signed by a majority ofthe owners of land within a special road subdistrict organizedunder the provisions of sections 233.500 to 233.520 shall befiled with the county commission of any county in which thesubdistrict is situated, setting forth the name of thesubdistrict and the number of signers of such petition and thetotal number of landowners in the subdistrict, the countycommission shall have power, if in its opinion the public goodwill be thereby advanced, to disincorporate such special roadsubdistrict. No such special road subdistrict shall bedisincorporated until notice is published in a newspaper ofgeneral circulation in the county where the subdistrict issituated for four successive weeks prior to the hearing of thepetition.
2. No dissolution of such special road subdistrict shallinvalidate or affect any right accruing to such special roadsubdistrict or to any person, or invalidate or affect anycontract entered into or imposed on such special roadsubdistrict.
3. Whenever the county commission shall dissolve any suchspecial road subdistrict, the county commission shall appointsome competent person to act as trustee for the special roadsubdistrict so dissolved, and such trustee, before entering uponthe discharge of his duties, shall take and subscribe an oaththat he will faithfully discharge the duties of his office, andshall give bond with sufficient security to be approved by thecounty commission, to the use of such disincorporated specialroad subdistrict, conditioned for the faithful discharge of hisduty.
4. The trustee shall have power to prosecute and defend tofinal judgment all suits instituted by or against the specialroad subdistrict, collect all moneys due the same, liquidate alllawful demands against the same, and for that purpose shall sellany property belonging to such special road subdistrict, or somuch thereof as may be necessary, and generally to do all actsrequisite to bring to a speedy close all the affairs of thespecial road subdistrict, and for that purpose, under the orderand direction of the county commission, to exercise all thepowers given by law to the special road subdistrict.
5. When the trustee shall have closed the affairs of thespecial road subdistrict, and shall have paid all debts due bythe special road subdistrict, he shall pay over to the countytreasurer all money remaining in his hands, and take receipttherefor, and deliver to the clerk of such county commission allbooks, papers, records and deeds belonging to the dissolvedspecial road subdistrict.
(L. 1990 S.B. 479 & 649 § 8)Effective 5-30-90