249.480. Resolution to be published--hearing of protest. - Missouri Statutes

Resolution to be published--hearing of protest.

249.480. 1. The county commission shall set a day for hearing anyonewho might be interested with regard to the proposed work and shall publish theresolution with a notice of the time and place of hearing in some localnewspaper of general circulation, published in the county, and if possible inthe district affected by the resolution, and designated by the countycommission, at least two weeks before the date of the hearing, and by postinga copy of the resolution in five public places in the proposed sewer districtor districts. At such hearing anyone interested in the proposed constructionor operation of sewers may appear and present his views to the countycommission.

2. Unless a majority of the registered voters within the sewer districtsshall file a protest in writing with the county clerk on or before the day setfor a hearing, the county commission may proceed with the construction of thesewers. If such a majority protest is filed, the county commission shall haveno authority to proceed with said work unless the department of health andsenior services or the department of natural resources files with the countyclerk a written recommendation that such sewer is necessary for sanitary orother purposes, in which case the county commission shall have the right toproceed as if no protest had been filed. The determination of the countycommission as to the sufficiency of any protest shall be conclusive unlesssuch determination is attacked by a proceeding in the circuit court within tendays after such determination. After the expiration of six months after thefiling of any such protest a new resolution may be adopted if deemed necessaryby the county commission.

(L. 1941 p. 557 § 6, A.L. 1983 H.B. 371)