§ 41-9-306 — Court order; creation of new district as corporate entity; apportionment of indebtedness; proration of maintenance expenses of existing works in both districts

If it shall appear to the court upon said hearing that the
requisite number of signers appear on said petition, as required
herein; that due and proper service has been had upon all
parties interested as herein provided; and that the best
interests of all parties interested will be served by the
proposed division, he shall so find, and enter an order creating
said new district, appointing commissioners therefor,
apportioning the indebtedness of the original district as
between the remaining portion of the original district and the
proposed new district organized therefrom based upon the
assessments for benefits last confirmed by the court against the
lands embraced in each, and determining the proportionate
amount, if any, of the annual operation and maintenance expense
the new district shall bear of and for maintaining the drainage
system constructed by the original district, and thereupon such
new drainage district shall be, and thereby declared to be
organized as an independent drainage district by the name fixed
by court, with the boundaries as therein fixed, and with the
indebtedness as apportioned to it, to be a body corporate, with
the right to sue and be sued, adopt a corporate seal, and have
perpetual succession the same as if organized as an original
drainage district under the statute in such case provided;
provided, however, that no such order shall be effective for the
apportionment of indebtedness as herein provided unless and
until the owners and holders of the evidences of indebtedness
against the original district, whether bonds or otherwise, shall
have filed in said court a written consent and approval of the
apportionment thereof, as made by the court.