Section 15-1981. Powers of association; limitations; voluntary dissolution  


Latest version.
  • 1. The association shall have:
        a.  Power  to  construct,  maintain  and  keep  in repair the drainage
      project described in the articles of association;
        b. Power to sue and be sued and to enter into contracts to  carry  out
      its purposes;
        c.  Power to make application, pursuant to section 15-1983, to acquire
      the right to construct, maintain and keep in repair,  on  the  lands  of
      others,  that  part  of  the  drainage  project  as  so described in the
      articles of association; and
        d. No power to issue bonds or other evidences of indebtedness.
        2. All actions of the association shall be taken by a  majority  vote,
      except  as  hereinafter  provided,  of  those  members present at a duly
      called meeting at which a quorum is present. Each member shall have  but
      one  vote regardless of the number of parcels of drainable acreage owned
      by him and included within the drainage section. If there be  more  than
      one owner of a parcel or parcels of drainable acreage, such owners shall
      be entitled collectively to but one vote.
        3. No drainage section association shall be formed in an area within a
      presently  existing drainage improvement district. The formation of such
      an association shall not prevent the inclusion of the aggregate  drained
      acreage  within  a  drainage  improvement district hereafter created, in
      which event the association shall be deemed to be dissolved, except  for
      the  purpose  of  meeting and paying its existing liabilities for debts,
      costs, expenses and fees.
        4. A voluntary petition to dissolve the association may be made to the
      Supreme Court upon petition of the president  of  the  association  when
      authorized  to  do  so  by the affirmative votes of three-fourths of the
      members present at a special meeting called for that sole purpose and at
      which a quorum is present. Ten days' notice, in writing of the time  and
      place  of  the  presentation  of  such  a petition shall be given to all
      members and to non-members, if any,  upon  whose  lands  drainage  works
      shall   have  been  constructed  in  accordance  with  the  articles  of
      association. Public notice of the presentation  of  the  petition  shall
      also  be  given  by  a  notice  stating  the  time  and  place  of  such
      presentation, published once in two consecutive weeks prior to such time
      in a paper published in the county in which the articles of  association
      have been recorded. The court, after hearing all interested persons, may
      grant   an  order  dissolving  the  association,  upon  such  terms  and
      conditions as in its discretion are merited. The court shall  not  grant
      such  order  in  the  absence  of  proof  that  the  association  has no
      outstanding indebtedness. An order dissolving the association  shall  be
      recorded  in  the  office  of  the county clerk in which the articles of
      association have been recorded and shall  direct  the  county  clerk  to
      index  it  under the name of the association in the index of grantors of
      real property.