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Session Laws, 1961
Volume 654, Page 1073   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                             1073

weeks and by handbills posted and circulated in the area or locality
where said proposed sanitary district or enlargement of an existing
sanitary district is contemplated, which notice shall describe a
THE
proposed sanitary district or enlargement, together with the time and
place of a hearing to be held, at which hearing a report shall be made
as to the then estimated approximate cost of the facilities contem-
plated and the establishment of a sanitary district. If the then esti-
mated approximate cost of the proposed facilities in said new sanitary
district or enlargement of an existing sanitary district, together with
the unamortized balance of the cost of all facilities previously in-
stalled by the District in the area involved, is estimated to exceed
twenty-five per centum (25%) of the assessed property value as fixed
for county taxation purposes in said area, or if the project is not
feasible from an engineering or financial standpoint or, in the judg-
ment of the Commission, is not necessary for the health, safety and
welfare of the residents in said area or locality, then the Commission
may in its discretion by written order deny the petition,
[then if] If
the Commission in its discretion shall make the findings set forth in
Section 652 (a) of this sub-title and
shall deem it [expedient] de-
sirable
to constitute said locality as a sanitary district, to modify the
boundaries of said locality as presented in said petition or to add such
locality to a contiguous existing sanitary district,
[in accordance with
the prayer of said petition,] it shall pass a written order setting out
its determination. Such order denying, modifying or granting the
petition shall be published in one or more newspapers in said county
or counties and by handbills posted and circulated within the area
or locality involved. If ten (10) residents and landowners in the area
involved in any such order are dissatisfied with the order of the Com-
mission, they shall have the right to take and enter within ten (10)
days after the first publication of said order, as above provided, an
appeal to the governing body or governing bodies of the county or
counties in which lies the proposed sanitary district or enlargement
thereof who shall review, after due notice of hearing, the Commis-
sion's decision. If the governing body or governing bodies of said
county or counties shall find that the costs of installing such facilities
and establishing a new sanitary district, or enlarging an existing
sanitary district, together with the unamortized balance of the cost
of all facilities previously installed by the Commission in the area
involved, will not exceed twenty-five per centum (25%) of the asses-
sed property value as fixed for county taxation purposes within said
area or locality, and if they find that the proposed project is feasible
from an engineering and financial standpoint, and if, in addition
thereto, they shall find that it is necessary to the public health, safety
and welfare of the residents therein that said sanitary district be
established or enlarged, they may in their discretion reverse any de-
cision of the Commission denying the petition to create or enlarge a
sanitary district. If such governing body or governing bodies do not
so find, they may in their discretion reverse any decision of the Com-
mission creating or enlarging a sanitary district. If the final decision
is in favor of establishing or enlarging a sanitary district or, in the
event no appeal is taken from an order of the Commission creating
or enlarging a sanitary district,
[and] if the governing body of the
county in which said locality lies consents thereto, the Commission
shall cause plats of such locality as finally determined by the Com-
mission
to be made under the supervision of its [chief] engineers,
showing the boundaries of such locality, [the proposed water, sewer-
age or drainage systems,] one copy of which plat shall be filed in the

 

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Session Laws, 1961
Volume 654, Page 1073   View pdf image (33K)
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