§ 31-740.01 — District; additional powers; amendment to articles of association; notice; objections; determination by district court

Nebraska § 31-740.01

• Jurisdiction: Nebraska
• Ch. 31: Drainage

Text

Whenever a majority of the board of trustees shall deem it advisable to amend the articles of association of the district to include additional powers authorized by law, they shall first propose a resolution declaring the advisability of such amendment and setting out verbatim the proposed amendment to the articles of association, and also setting out the time and place when the board of trustees shall meet to consider the adoption of such amendment. Notice of the time and place when such proposed amendment shall be considered shall be given the same day each week for two consecutive weeks in a newspaper of general circulation published in the county where the district was organized, which publication shall contain the entire wording of the proposed amendment. The last publication shall be not less than five days nor more than two weeks prior to the time set for hearing on objections to the passage of such resolution, at which hearing the owners of property within the district may appear and make objections to the proposed amendment. If the owners representing a majority of the front footage of real estate within the district fail to sign and present to the board, on or prior to the hearing date, a written petition opposing the resolution, then a majority of the board of trustees, may pass the resolution and thereby adopt the proposed amendment, or amend and then pass the amended resolution, and thereby adopt the amendment as altered. The clerk of the district shall thereupon file a certificate with the county clerk and with the Secretary of State certifying such amendment to the articles, and, upon such filing, the articles of association shall be deemed to have been duly amended and the district shall thereafter have all powers included within the articles of association as amended. If, however, a petition opposing such amendment is signed by property owners representing a majority of the front footage of real estate within the district and is presented to the board on or prior to the hearing date, then the board of trustees shall not adopt the amendments to the articles of association unless and until they have submitted the issue to and received the approval of the district court which had formed the district in a proceeding wherein the objecting parties are named as parties defendant and are given the statutory time to plead or answer as in civil cases. At the hearing, the court may (1) disapprove such amendments if the court finds that such amendments will not be conducive to the public health, convenience, or welfare, or (2) approve the proposed amendments as originally submitted or alter the same, if the court finds that such amendments will be conducive to the public health, convenience, or welfare. Proceedings before the court shall be conducted as in other civil cases, including the right of appeal.

Legislative History

Source: Laws 1961, c. 142, § 8, p. 416. Cross References: Appeal, see sections 25-1901 to 25-1937. Civil procedure, generally, see Chapter 25.