247.350. Election to approve incorporation--procedure, form of ballot--rate of tax--directors.
Election to approve incorporation--procedure, form of ballot--rate oftax--directors.
247.350. 1. The decree of incorporation shall not becomefinal and conclusive until it shall have been submitted to votersof the proposed district and until it shall have been assented toby a majority vote of the voters of the district voting on thequestion.
2. The decree shall provide for the submission of thequestion of incorporating such districts and to vote on themaximum rate of levy for general operating purposes if suchmaximum rate shall exceed fifteen cents on the one hundred dollarvaluation of the district, shall fix the date for holding suchelection.
3. The question of incorporating the district shall besubmitted in substantially the following form:
Shall there be incorporated a ......... metropolitan watersupply district?
4. Any question to determine the maximum rate of levy forgeneral operation purposes in excess of fifteen cents on the onehundred dollars valuation shall be submitted in substantially thefollowing form:
Shall the ......... metropolitan water supply district beauthorized to levy a tax not exceeding......... cents per onehundred dollars assessed valuation for general operatingpurposes?
5. The return shall be certified to the circuit court havingjurisdiction in the cause, and said court shall thereupon enterits order canvassing said returns and declaring the result ofsuch election. If upon such canvass and declaration it is foundand determined that a majority of the voters of the districtvoting on the question shall have voted in favor of the question,the court shall enter its further order declaring the decree ofincorporation to be final and conclusive. In the event, however,that the court shall find the majority shall not have voted infavor of the question the court shall enter its further orderdeclaring said decree of incorporation to be void and of noeffect.
6. If the court enters an order declaring the decree ofincorporation to be final and conclusive, it shall at the sametime designate the first board of directors of said district fromamong the names of the voters who have been named in one or morepetitions filed in said cause. The court shall designate and thedecree shall contain the appointment of two of such directors toserve for a term ending three years after the next succeedingsecond Tuesday in April, two of such directors to serve for aterm ending three years after the next succeeding second Tuesdayin April, two of such directors to serve for a term ending twoyears after the next succeeding second Tuesday in April, and oneof such directors to serve for a term ending one year after thenext succeeding second Tuesday in April. The directors thusappointed by the court shall serve for the terms thus designatedand until their successors shall have been appointed or electedas provided in section 247.430.
7. The court shall at the same time enter an order of* recorddeclaring the result of the submission of the question todetermine the maximum rate of levy of the district, and shall setforth the amount beyond which the board shall not thereafter havepower to order a levy except as otherwise provided in section247.460 and which levy in no event shall exceed the sum oftwenty-five cents on the one hundred dollar assessed valuation.
(L. 1949 p. 350 § 12, A.L. 1978 H.B. 971)*Word "or" appears in original rolls.