Section 235.210

Title XIV ROADS AND WATERWAYS

Chapter 235

Effective - 28 Aug 2007   

  235.210.  Boundaries of district may be altered to include new territory — annexation, procedure. — 1.  The boundaries of any district organized under the provisions of this law may be changed in the manner prescribed in this section and in section 235.220, but any change of boundaries of the district shall not impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever; or shall it affect or impair or discharge any contract, obligation, lien or charge for or upon which it might be liable or chargeable had the change of boundaries not been made.

  2.  A petition for annexation of real property in an area contiguous with a street light maintenance district organized under this chapter and not located within any municipality or another street light maintenance district shall be signed by property owners who own not less than ten percent of the parcels of property within the area proposed for annexation.  The petition shall be filed with the county clerk in which the district is situated and shall be addressed to the county commission.  A hearing shall be held regarding the proposed annexation petition as soon as reasonably possible.  If the county commission finds at the hearing that the petition is in compliance with the provisions of this section, they shall order the question to be submitted to the voters within the proposed area of annexation and within the district at a municipal, primary, or general election.

  3.  The question shall be submitted in substantially the following form:

Shall ______ (description of area) be annexed to the ______ street light maintenance district?
☐ YES	☐ NO
If you are in favor of the question, place an "X" in the box opposite "YES". If you are opposed to the question, place an "X" in the box opposite "NO".

  4.  If a majority of the votes cast on the question in the district and in the area described in the petition, respectively, are in favor of the annexation, the county commission shall by order declare the area annexed and shall describe the altered boundaries of the district.  A copy of the order of the commission shall be filed within the county recorder.  If a majority of the votes cast on the question in the district and in the area described in the petition, respectively, are not in favor of the annexation, such area shall not be declared annexed.  No such question shall be resubmitted to the voters sooner than twelve months from the date of submission of the last question.

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(L. 1947 V. I p. 452 § 21, A.L. 1967 p. 353, A.L. 2007 S.B. 22)