257.450. Disincorporation, procedure--approval at election--appointment of receiver, duties.
Disincorporation, procedure--approval at election--appointment ofreceiver, duties.
257.450. 1. Disincorporation of a conservancy districtmay be accomplished by a vote therefor on the submission of thequestion to the voters of the district. The submission isinitiated as follows:
(1) When the board determines the disincorporation isdesirable after a hearing on the subject is held, provided thatnotice of such hearing is made by publication setting a time forthe hearing and citing the reasons for the proposed need todisincorporate, and the board makes its decision fordisincorporation within thirty days after the hearing isconcluded, and on such decision calls forthwith for adisincorporation election; or
(2) When the number of registered voters which would benecessary to regularly initiate proceedings for establishment ofthe district petitions the board for a disincorporationelection. The determination of the validity of the petitionsignatures and the petition shall be bound by the sameprovisions, as such would apply to this section, as for those ofpetitioners initiating action for a proposed district asprovided in this chapter. When the board determines that thepetition is valid it shall call a hearing as on its own motionto disincorporate. After the hearing is concluded with nowithdrawal of the petition as provided for in this section, theboard shall submit the question to the voters of the district.
2. Whenever notice of publication of a hearing ondisincorporation is ordered, the secretary of the board shallreport the action to the official state agency designated by thegovernor to review plans of the district.
3. A majority of petitioners on a disincorporation petitionmay withdraw the petition and thereby terminate the proceedingsat any time before the hearing is concluded.
4. In no case may disincorporation proceedings be initiatedand carried forward unless at least one plan for the districthas been prepared and finally approved as an official plan.
5. The question shall be submitted in substantially thefollowing form:
Shall the ......... Conservancy District be disincorporated?
6. A vote of a majority of those voting is required fordisincorporation.
7. When disincorporation is voted as provided in thissection, the board of trustees shall certify the result to thecourt, whereupon the court shall appoint a competent person fromwithin the district as receiver. The receiver shall have, underorder of the court, such powers and responsibilities, as suchwould apply to this section, as provided by law for receivers inthe liquidation of general and business corporations; shallhave, under court order, the authority to exercise such taxingpower of the district as is necessary to dispose of the bondedand other indebtedness of the district; and shall be considered,for the purpose of this section and related portions of thischapter, to be an officer of the district. Upon appointment ofa receiver by the court, the power and authority of the trusteesof the district to function as the board of the district ceases,and the offices of trustees terminate, subject to whateverorders the court may issue for securing the aid of the trusteesin liquidation of the district.
8. When the receiver has closed the affairs and paid alldebts of the district, he shall, subject to any further andnecessary orders of the court, take action as follows:
(1) Pay to the county commission of each county within thedistrict the money remaining in his hands, on the basis of a prorata to each county commission as the taxes paid from eachcounty to the district in the last full year of district taxcollection under the board of trustees relate to the totaldistrict tax collection in said year; except that, in event thelife of the district under the board does not encompass a fullyear of tax collection, the basis of payment shall be, as thecourt shall order, in a manner as similar as possible to suchpro rata;
(2) File all data, plans and other official records of thedistrict with the clerk of the court, which records shall bematters of public record available to any interested person.
(L. 1959 S.B. 199 § 45, A.L. 1978 H.B. 971, A.L. 1990 H.B. 1070)