§ 82-663 — Union of districts - Petition - Notice - Order.

In case two or more districts have been organized under this act in a territory which, in the opinion of the directors of either of the districts, should constitute but one district, the board of directors of any one of the districts may petition the court uniting said districts into a single district. Said petition shall be filed in the office of the court clerk of that county which has the greatest valuations of real property, within the districts sought to be included, as shown by the tax duplicates of the respective counties. Said petition shall set forth the necessity for such union of the two or more districts and that the union of said districts would be conducive to the public health, convenience, safety or welfare, and to the economical execution of the purpose for which the districts were organized. Upon receipt of said petition the court clerk shall give notice by publication or by personal service, to the board of directors of the district or districts which it is desired to unite with the district of the petitioners. Such notice shall contain the time and place where the hearing on the petition will be had and the purpose of the same. Such hearing shall be had in accordance with the provisions of this act in original hearing. After the hearing, should the court find that the averments of the petition are true and that the said districts, or any of them, should be united it shall so order, and thereafter proceed as such. The court shall designate the corporate name of such, as provided for in this act. The court shall direct in such order who shall be the directors of such united district who shall thereafter have powers and be subject to such regulations as are provided for directors in districts created in the first instance. All legal proceedings already instituted by or against any of such constituent districts may be revived and continued against such united districts by an order of court substituting the name of such united district for such constituent district and such proceedings shall then proceed as herein provided. Instead of organizing a new district from such constituent districts the court may, in its discretion, direct that one or more of such districts described in the petition be included into another of said districts, which order shall continue under its original corporate name and organization, or it may direct that the district or districts so absorbed shall be represented on the board of directors of the original district, designating what members of the board of directors of the original district shall be retired from the new board and what members take their places; or it may direct that the included districts or districts shall become subdistricts of the main district. In case the districts sought to be united were organized in different judicial districts, then the court, to determine the question involved, shall consist of one judge from each of the judicial districts and a majority shall be necessary to render a decision. From such a decision, or from a failure to decide, any interested property owner may appeal, as herein provided. No action under the provisions of this section shall operate to interrupt or delay any proceeding under this Act until the questions involved are finally determined.

Legislative History

Laws 1923-24, c. 139, p. 194, § 60.