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MISSOURI STATUTES AND CODES

235.070. County commission to declare district organized--election to ratify organization--board of directors, how selected.

County commission to declare district organized--election toratify organization--board of directors, how selected.

235.070. 1. If it shall appear at the hearing that apetition for the organization of a district has been signed andpresented, as provided in section 235.030, in conformity withthis law, and that no protesting petition has been filed, or ifone has been filed, that the facts adduced in behalf thereof atthe hearing are insufficient to sustain such protesting petition,the county commission shall, by order duly entered of record,declare the district organized, define the boundaries thereof,making such changes in the boundaries thereof, making suchchanges in the boundary line as set forth in the petition, ifany, as the county commission may deem proper, and give it acorporate name by which in all proceedings it shall thereafter beknown, and thereupon the district, subject to the electionprovided in this section, shall be a political subdivision of thestate of Missouri and a body corporate with all the powers oflike or similar corporations.

2. The order of incorporation shall not become final andconclusive until it shall have been submitted to the votersresiding within the boundaries described in such order, and untilit shall have been assented to by a majority vote of the votersof the district voting on the question. The county commissionshall order the submission of the question.

3. The question shall be submitted in substantially thefollowing form:

Shall a street light maintenance district, to be known as the.... street light maintenance district, be incorporated?

4. If a majority of the voters of the district voting onsuch question shall have voted in favor of the question toincorporate the district, then the commission shall enter itsfurther order declaring the order of incorporation to be finaland conclusive. In the event, however, that the commission shallfind that a majority of the voters voting thereon shall not havevoted in favor of the question to incorporate the district, thenthe commission shall enter its further order declaring said orderof incorporation to be void and of no effect.

5. If the commission enters an order declaring the order 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, one to hold office until the firstbiennial election of board members, one until two years and oneuntil four years after such election.

(L. 1947 V. I p. 452 ยง 7, A.L. 1978 H.B. 971)

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