(a) No drainage district coming within the provisions of this subchapter shall exercise any of its powers conferred by this subchapter or merge the operation and maintenance of a levee or project for which the district was originally created with those of another drainage district's operations or maintenance until:
(1) The board of directors of each merging district shall have determined by a proper resolution, adopted by two-thirds (2/3) of the members of the board of directors of the district, that the merger would be in the best interest of the district and of the landowners; and
(2) A special meeting of the landowners and bondholders of the district shall have been held at which the question of merger shall have been presented and for the purpose of hearing support for or objections to the merger.
(b) Notice of the hearing shall be given by the secretary of the district by publication of a notice for at least two (2) consecutive weekly insertions in a newspaper published and having a bona fide circulation in each county within the district. This notice shall state:
(1) The time and place at which the board of directors shall meet for the purpose of hearing support for or objections to the merger;
(2) That the meeting shall be open to the public; and
(3) That at such meeting any landowner or bondholder of the district may offer support for or objection to the action of the board in adopting the resolution.
(c) (1) At the time and place specified in the notice, the board of directors shall meet at the office of the district for the purpose of the hearing.
(2) The district shall furnish a stenographer who shall take and transcribe all the testimony introduced before the board.
(3) The board shall keep a true and perfect record of its proceedings at the meeting, which shall be filed as a public record in the office of the district.
(4) A copy of the record certified by the secretary of the district shall be competent evidence in all courts of this state.
(5) After consideration of all comments in support of or in objection to the merger, if any, the board of directors, by proper resolution duly adopted by two-thirds (2/3) of the members of the board of directors, shall declare its decision regarding the merger of the district.
(6) Any landowner or bondholder aggrieved by the decision of the board may have the findings reviewed by the circuit court of the county in which the district has its domicile.
(7) The appeal shall be perfected in thirty (30) days.
(8) The review shall be heard by the court on the evidence introduced before the board of directors at the meeting aforesaid, and no additional or different evidence shall be admissible.
(9) Appeals to the Supreme Court from the decision of the circuit court shall be perfected in thirty (30) days.
Section: Previous 14-121-1102 14-121-1103 14-121-1104 14-121-1105 14-121-1106 14-121-1107 14-121-1108 14-121-1109 14-121-1110 NextLast modified: November 15, 2016