Arizona Revised Statutes Title 48 - Special Taxing Districts
Chapter 1 GENERAL PROVISIONS
Article 1 State Certification Board
- § 48-101 State Certification Board
A. The state certification board shall consist of the attorney general, the director of water resources and the superintendent of financial institutions. B. The...
- § 48-102 Findings Of State Certification Board
A. If the state certification board finds that the record offered in support of the application submitted sustains the application and that all requirements...
Article 2 Extension of Unexpired Water Appropriation or Reservoir Permits Issued to Districts
- § 48-121 Definitions
In this article, unless the context otherwise requires: 1. " District" includes any irrigation district, drainage district, flood control district, agricultural improvement district, electrical...
- § 48-122 Extension Of Unexpired Permits
Notwithstanding the provisions of any law to the contrary, when the director of water resources has issued to any district a permit to make...
Article 3 Compromise of District Taxes
- § 48-131 Compromise Of Taxes
Boards of directors of irrigation districts, electrical districts, agricultural improvement districts, drainage districts, power districts, flood control districts, irrigation water delivery districts and other...
Article 4 Issuance of Revenue Bonds by Irrigation and Agricultural Improvement Districts
Article 5 District Contracts with Federal Government
- § 48-171 Definitions
In this article, unless the context otherwise requires: 1. " Bonds" includes bonds, notes, temporary notes, temporary bonds, interim receipts, interim certificates, certificates of...
- § 48-172 Power To Contract With Federal Government; Purposes Of Contract
A. If any district desires to secure loans, grants or advances of money from the federal government for the purpose of acquiring or constructing...
- § 48-173 District Powers Under Federal Contracts
A. Any district which is a party to a contract or agreement with the federal government may enter into and comply with the terms...
- § 48-174 Terms Of Contract Relating To Maintenance And Operation Of Works
Notwithstanding any general, special or local law, the contract or agreement may provide for the maintenance and operation of the works, properties or undertakings...
- § 48-175 Approval Of Contract By Real Property Taxpayers
A. Notwithstanding the provisions of any general, special or local law, before any contract or agreement with the federal government becomes effective and binding...
- § 48-176 Approval By State Certification Board
Notwithstanding the provisions of any general, special or local law, before the contract or agreement with the federal government becomes effective and binding upon...
- § 48-177 Issuance, Sale And Terms Of Bonds
A. Notwithstanding the provisions of any general, special or local law, the district may issue, sell or exchange bonds of such kind, in such...
- § 48-178 Determination Of Validity Of Contract And Bonds By Attorney General
Notwithstanding the provisions of any general, special or local law, any district may submit to the attorney general any contract or agreement, or any...
- § 48-179 Proceedings To Test Validity Of Contracts And Bonds; Petition
A. After the execution of any contract or agreement contemplated by this article, the governing body of a district may file a petition in...
- § 48-180 Time For Hearing; Notice; Summons; Parties; Pleadings
A. Upon filing of the petition in the superior court, the court or judge thereof shall fix a time for a hearing on the...
- § 48-181 Hearing; Determination Of Validity
A. At the hearing on the petition, the superior court shall examine the contract or agreement referred to therein and the proceedings of the...
- § 48-182 Appeals
A. An appeal may be taken to the supreme court from the judgment at any time within ten days after entry of the judgment....
- § 48-183 Use Of Proceeds Of Loan And Grant; Limitation
Notwithstanding the provisions of any general, special or local law, the proceeds of any loan, grant or purchase of bonds shall be used only...
- § 48-184 Proceedings Cumulative
Notwithstanding the provisions of any general, special or local law, any proceedings taken prior to December 12, 1934 by any district relating to the...
- § 48-185 Purposes Of Article
It is the purpose of this article to enable districts to secure the benefits of any act or acts of the Congress to encourage...
- § 48-186 Supplemental Nature Of Article
This article is cumulative and the powers conferred hereby shall be in addition and supplemental to the powers conferred by any other general, special...
- § 48-187 Governing Body; Civil Immunity; Definition
A person who serves on the governing body of a district is immune from civil liability and is not subject to suit directly or...
Article 6 Conditions of Liability for Damages Resulting From Construction and Other Work Performed for Districts
- § 48-201 Definitions
In this article, unless the context otherwise requires: 1. " District" means any irrigation, drainage, flood control, agricultural improvement, electrical, water conservation or power...
- § 48-202 Approval Of Plans And Specifications By The Director Of Water Resources
A. When any construction, repair, alteration, extension or improvement work for district purposes is to be performed according to plans and specifications prepared by...
- § 48-203 Estimated Cost Of Work; Application Fees; Exemption
A. The estimated cost of any such work shall include the cost of all labor and materials to be utilized in completing such work....
- § 48-204 Liability In Actions For Damages
A. No action shall be brought or maintained against the state, the director of water resources or his employees or agents for damages sustained...
- § 48-205 Application Of Article
Nothing in this article shall be deemed to apply to a contract between a district and the federal government under the provisions of article...
Article 7 District Employees' Retirement Plans
Article 8 Voluntary Contributions and Taxes
- § 48-241 Definitions
In this article, unless the context otherwise requires: 1. " Board of directors" means the board having charge of the management and affairs of...
- § 48-242 Voluntary Contributions Of District Revenues; Method Of Determining Valuations; Properties Included; Credits Against Gross Payment; Time Of Payment
A. In the exercise of the powers granted them by law, districts, acting through their respective boards of directors, shall have the additional power...
- § 48-243 Distribution Of Contributions
Until otherwise provided by law, the county treasurer shall remit to the county, school districts, cities, towns, other political subdivisions and the state of...
- § 48-244 Right Of Appeal And Civil Action
A. Any district, public official, person or political subdivision not satisfied with a determination made by the department of revenue pursuant to this article...
- § 48-245 Approval By The Secretary Of The Interior
Districts operating pursuant to a contract with the United States of America shall make any of such voluntary contributions only after having obtained the...
- § 48-246 Powers Of Department Of Revenue And Director
In the performance of all duties and functions under this article the department of revenue and its director shall have all the powers granted...
- § 48-247 Exemption From Antitrust Statutes
The provisions of title 44, chapter 10, article 1, shall not apply to any conduct or activity of a district organized pursuant to this...
- § 48-248 Payment Of Outstanding Taxes, Penalties And Interest On Acquiring Property
A. If any special taxing district acquires real or personal property, whether by purchase, exchange, condemnation, gift or otherwise, the governing board shall pay...
Article 9 Reports by Districts
Article 10 District Creation and Boundary Changes
Article 11 Approval of Formation of Special Districts
Article 12 Procurement of Design Services and Construction Services
Article 13 Local Coordination with the Federal and State Government
Chapter 2 ANTINOXIOUS WEED DISTRICTS
Article 1 General Provisions
- § 48-301 Antinoxious Weed Districts; Formation; Territorial Limits
When a majority of the resident holders of title or evidence of title, including entrymen of lands of the United States or of this...
- § 48-302 Petition To Organize District; Filing; Contents
A. In order to create an antinoxious weed district, not less than twenty-five per cent of the holders of title shall file a petition...
- § 48-303 Bond For Expenses; Payment Of Expenses
A. At the time of filing the petition, a bond shall be filed with the board in double the amount of the probable cost...
- § 48-304 Hearing; Organizing Procedure; Notice Of Election; Election Procedure
A. When the petition and bond have been filed with the board and approved, the board shall proceed as provided for the organization of...
- § 48-305 Qualifications Of Electors
A. A qualified elector is a person of the age of eighteen years or over who possesses the property qualifications provided in this article...
- § 48-306 Change Of Types Of Weeds Controlled; Election
If it appears that a noxious growth not named and described in the petition for organization of the district should be added to or...
- § 48-307 District Officers; Term Of Directors; Recall; Powers And Duties
A. The officers of the district shall consist of three directors, a secretary and an inspector appointed by the board of directors. The treasurer...
- § 48-308 District Inspector; Appointment; Report Of Presence Of Weeds; Notice To Landowner; Classification
A. An inspector shall be appointed by the board of directors to examine and inspect periodically all lands, irrigation canals, ditches, rights of way...
- § 48-309 Quarantine; Eradication Of Weeds; Lien; Enforcement
A. The board of directors may declare and enforce a quarantine against any premises within the boundaries of the district upon which noxious weeds,...
- § 48-310 Alternative Plan For Eradication
Noxious weeds, shrubs, vines or grasses found within the boundaries of an antinoxious weed district may be removed and eradicated under the alternative plan...
- § 48-311 Alternative Plan; Resolution; Contents; Limitation As To Lands Included
A. If the board of directors of a district elects to avail itself of the alternative plan, it shall adopt a resolution which shall...
- § 48-312 Alternative Plan; Notice Of Hearing; Form And Contents; Posting
A. Not less than five nor more than fifteen days before the date set for the hearing, the board shall cause a notice to...
- § 48-313 Alternative Plan; Hearing; Jurisdiction; Decision Conclusive
At the time and place stated in the notice, the board of directors shall hear protests against the proposed action, and may continue the...
- § 48-314 Alternative Plan; Order For Eradication; Costs As Claim Against District
A. After final action, or in case no objections are received, the board may order its inspector to enter upon the premises described and...
- § 48-315 Alternative Plan; Right Of Owner To Eradicate Weeds
A property owner shall have the right to eradicate noxious weeds, shrubs, vines or grasses at his own expense if done prior to the...
- § 48-316 Alternative Plan; Accounting Of Costs Of Eradication By District; Report
A. The inspector shall keep an accurate account of the cost of work done by him or under his supervision and the expense incurred...
- § 48-317 Alternative Plan; Hearing On Report Of Costs; Amendments Or Modifications; Confirmation
A. At a time fixed by the board, not less than three days after filing the inspector's report, the board shall meet to discuss...
- § 48-318 Alternative Plan; Costs As Special Assessment And Lien Of District; Collection
A. The cost, when fixed and determined under the alternative plan for eradication of noxious weeds, shrubs, vines and grasses, shall constitute special assessments...
- § 48-319 Tax For Enforcement Expenses; Assessment And Collection
A. The board of supervisors of a county in which a noxious weed district has been established, at the time of its annual meeting...
- § 48-320 Violations; Classification
An owner, lessee, tenant or person in charge of premises which have been quarantined under the provisions of this article, who fails to obey...
- § 48-321 Reimbursement For County Services
Services provided by a county to an antinoxious weed district are subject to reimbursement pursuant to section 11-251.06.
- § 48-322 Dissolution Of District
A. When a majority of the resident holders of title or evidence of title, including entrymen of lands of the United States or of...
Chapter 3 PEST CONTROL DISTRICTS
Article 1 General Provisions
Chapter 4 MUNICIPAL IMPROVEMENT DISTRICTS
Article 1 Opening, Widening and Closing Public Ways
- § 48-501 Definitions
In this article, unless the context otherwise requires: 1. " City council" and " council" includes any body or board in which is vested...
- § 48-502 Scope Of Article; Acquisition Of Property By Condemnation
When the public interest or convenience requires, the city or town council of a municipality may order the laying out, opening, extending, widening, straightening...
- § 48-503 Off-Street Parking Sites In Cities; Acquisition Of Property; Exceptions To Acquisition Of Property
A. When the public interest or convenience requires, the city or town council of such municipality may order the laying out, opening, extending, widening,...
- § 48-504 Exceptions To Taking Of Property
Notwithstanding the provisions of section 48-503, if a natural person or persons own a business building and the land on which same is located...
- § 48-505 Resolution Or Ordinance Of Intention To Order Improvement
Before ordering an improvement to be made, the city or town council shall pass a resolution or ordinance declaring its intention to do so,...
- § 48-506 Notice Of Resolution
A. The street superintendent shall cause to be conspicuously posted along all streets and parts of streets within the assessment district described in the...
- § 48-507 Protests; Filing; Presentation To Council; Hearing
A. Any person interested and objecting to the improvement, or to the extent of the assessment district, may file a written protest with the...
- § 48-508 Order For Improvement; Initiation Of Condemnation Proceedings
Having acquired jurisdiction, the council may, by resolution, order the improvement to be made and direct an action to be brought by the city...
- § 48-509 Complaint In Condemnation Action
The complaint filed in the action provided for by section 48-508 shall set forth, or state the substance of, the resolution ordering the improvement,...
- § 48-510 Choice Between Trial Or Appointment Of Referees To Determine Compensation
When all defendants to the condemnation action have answered, or have been served with summons and their default entered, the plaintiff or any defendant...
- § 48-511 Referees; Duties; Report
A. The referees shall at once proceed to view the lands sought to be condemned and ascertain the proper compensation to be paid to...
- § 48-512 Compensation And Damages; Date Of Accrual; Apportionment
A. The compensation and damages shall be deemed accrued at the date of the order appointing referees or of the order setting the cause...
- § 48-513 Referee's Report; Objections; Notice Of Hearing; Court Action On Report
A. Upon filing the referee's report the court shall, upon motion of any party, appoint a day for hearing the report, not less than...
- § 48-514 Notice Of Trial; Intervention; Continuance
A. If there is a trial of the action by a jury, or by the court without a jury, the clerk of the court...
- § 48-515 Judgment; Fees
A. Upon confirmation of the report of the referees, or receipt of the verdict of the jury, or the filing of findings of the...
- § 48-516 Appeals
An appeal may be taken from the judgment within thirty days from the entry thereof, and from any order granting or denying a new...
- § 48-517 Abandonment Of Proceedings; Return Of Assessments Paid
The council may, at any time prior to payment of the compensation awarded the defendants, abandon the proceedings and cause the action to be...
- § 48-518 Diagram Of Improvement District
Upon entry of judgment, the council shall order the city or town engineer to make and deliver to the street superintendent a diagram of...
- § 48-519 Delivery Of Diagram; Assessment Of Expenses
A. The city or town engineer shall deliver the diagram to the street superintendent, and shall endorse thereon the date of delivery. B. The...
- § 48-520 Written Assessment
A. The street superintendent shall make the assessment in writing, describing each lot, piece or parcel of land assessed for the improvement, designating each...
- § 48-521 Filing Of Assessment And Diagram; Notice
A. When the assessment is completed the street superintendent shall file it, with the diagram attached, with the city clerk, who shall give notice...
- § 48-522 Objections To Assessment; Hearing
A. All objections to assessments shall be in writing and shall be filed with the clerk within the time prescribed in the notice. B....
- § 48-523 Delivery Of Assessment; Recording; Assessment Roll; Assessment As Lien
A. The clerk shall deliver to the street superintendent the assessment as confirmed with his certificate of confirmation, and the date thereof. B. The...
- § 48-524 Payment Of Assessment By Setting Off Compensation
The owner of any property assessed, who is entitled to compensation under the award made by the judgment, may, at any time after the...
- § 48-525 Notice That Assessments Are Due; Payment; Delinquent Assessments
A. The street superintendent shall, upon recording the assessment, give notice by publication for at least two days in a daily newspaper, published and...
- § 48-526 Delinquent List; Publication; Notice Of Sale Of Delinquent Property
A. The street superintendent shall, within ten days from the date of the delinquency, publish in a newspaper not less than three times a...
- § 48-527 Payment Prior To Sale
At any time after delinquency, and prior to the sale of any piece of property assessed and delinquent, any person may pay the assessment...
- § 48-528 Sale Of Delinquent Property; Purchase By Municipality
A. On the day fixed for the sale, the street superintendent shall, at 10 o'clock a.m., or at any time to which the sale...
- § 48-529 Certificate Of Sale; Vesting And Divesting Of Assessment Lien; Entry Of Sale On Assessment Roll
A. After the sale, the street superintendent shall execute, in duplicate, a certificate of sale setting forth: 1. A description of the property sold....
- § 48-530 Redemption Of Property
A. Redemption of a parcel of property sold for delinquent assessment may be made by any party in interest, at any time prior to...
- § 48-531 Procedure For Purchaser To Obtain Deed; Evidentiary Effect Of Superintendent's Deed
A. At any time after the expiration of twelve months from the date of sale, the superintendent shall execute and deliver to the purchaser,...
- § 48-532 Transmittal Of Assessment Payments To Treasurer
The street superintendent shall, from time to time, pay to the treasurer all monies collected by him on account of assessments made under this...
- § 48-533 Payment Of Condemnation Judgments; Final Judgment
A. When there is sufficient money in the special fund allocated to the proposed improvement to pay the amounts awarded to the defendants by...
- § 48-534 Procedure To Supply Deficiency In Fund; Refund Of Surplus Funds
A. If there is a deficiency in the fund for the improvement, the council may provide for the deficiency by an appropriation from the...
- § 48-535 Publication Of Notices By Posting
A. If there is no daily or weekly newspaper published and circulated in the city or town, then the notices and delinquent lists required...
- § 48-536 Proof Of Publication Or Posting
Proof of publication of any notice required by this article shall be made by affidavit of the publisher or any person in the employ...
- § 48-537 Purpose Of Article; Choice Of Method
A. The proceedings authorized by this article are intended to provide an alternate system of proceedings for making the improvements provided for. B. It...
- § 48-538 Issuance Of Improvement Bonds To Represent Assessments
The council may, at or before the confirmation of the assessment or assessment roll in proceedings under this article, by resolution, determine that improvement...
- § 48-539 Description Of Improvement Bonds In Resolutions And Notices
A. When the city council determines that improvement bonds shall be issued, it shall so declare either in the resolution of intention for the...
- § 48-540 List Of Unpaid Assessments; Issuance Of Bonds; Denominations; Coupons; Due Date
A. When the city council has determined that improvement bonds shall be issued, and after the expiration of the thirty day period provided for...
- § 48-541 Certification Of Unpaid Assessments; Payments By Installment; Interest; Payments In Advance
A. The superintendent, at the time he certifies the list of assessments unpaid to the clerk, shall write the word " certified" on the...
- § 48-542 Validity Of Bonds; Priority Of Bond Lien
Improvement bonds issued under this article shall by their issuance be conclusive evidence of the regularity and validity of all proceedings thereto, and shall...
- § 48-543 Sale Of Bonds; Disposition Of Proceeds
A. Improvement bonds issued under this article may be sold to the highest cash bidder, after advertising for bids by publication at least three...
- § 48-544 Purchase Of Improvement Bonds By City
The city or town may, without advertising or selling the improvement bonds, advance to the appropriate fund the par value of all or any...
- § 48-545 Collection Of Assessment Installments; Notice Of Delinquent Installment
A. All assessments not certified through the clerk shall remain collectible by sale of the property as provided in this article, but the superintendent...
- § 48-546 List Of Delinquent Installments; Publication Of Notice; Sale Of Delinquent Property
A. The superintendent shall, within twenty days from the date of the delinquency, begin publication of the list of assessments on which any installment...
- § 48-547 Payment After Delinquency And Before Sale
At any time prior to the sale of any lot assessed, any person may pay the delinquent installment on the lot together with the...
- § 48-548 Sale Of Delinquent Property; Right Of Redemption; Deed To Purchaser; Purchase By Municipality
A. The sale shall be conducted as nearly as possible as are sales of property for delinquent assessments and as proceedings subsequent thereto are...
- § 48-549 Resolution Calling Hearing When Improvement Bonds Remain Unsold; Publication; Determination Of Continuance Or Abandonment Of Project
A. When bonds authorized to be issued under the provisions of this article have been advertised for sale under the provisions of section 48-543,...
- § 48-550 Abandonment Of Project; Continuance Of Project
A. If the governing body determines that the proceedings shall be abandoned, upon entry of a record to that effect, the proceedings shall stand...
- § 48-551 Appointment Of Appraisers; Revision Of Compensation And Damages
A. The governing body, upon entering its order to proceed, or at any time thereafter in its discretion, shall appoint one appraiser or three...
- § 48-552 Revision And Reassessment Of Benefits
The appraiser or appraisers shall also revise and reassess the benefits derived from the street opening or widening as tentatively determined by their reappraisal...
- § 48-553 Hearing On Reappraisal Report; Publication Of Notice; Refiling Report On Approval
A. As soon as the reappraisals provided for in sections 48-551 and 48-552 are completed, the appraiser or appraisers shall certify and file them...
- § 48-554 Publication Of Notice Of Right To Review Of Reappraisal; Judicial Review; Review Of Assessment; Procedure To Obtain Review; Trial
A. As soon as the reappraisal has been approved by the governing body and refiled in the office of the superintendent of streets, the...
- § 48-555 Appeals From Assessment Of Benefits
The governing body shall hear appeals from the assessments of benefits and shall determine them. The action of the governing body in approving or...
- § 48-556 Issuance Of Bonds On Revised Assessment; Increase Or Decrease Of Amount Assessed; Invalid Assessments
A. Bonds shall be issued for the amount determined and assessed by the appraisers as revised by the governing body, and assessments for the...
- § 48-557 Deficiency In Fund; Temporary Advancements
If there is a deficiency in the funds collected from the special assessments, the municipality shall make good the deficiency by transferring into the...
- § 48-558 Providing For Procedural Rules Relating To Improvement Bonds
A. The governing body shall provide an appropriate procedure for permitting setoff of compensation and damages against assessments, for determining the owners or lienors...
Article 2 General Public Improvements and Improvement Bonds
- § 48-571 Definitions; Appointment Of Officer
A. In this article and article 1 of this chapter, unless the context otherwise requires: 1. " Assessment" or " assessment roll" means a...
- § 48-572 Purposes For Which Public Improvements May Be Undertaken; Powers Incidental To Public Improvements
A. When the public interest or convenience requires, the governing body of a municipality may: 1. Order the whole or any portion, either in...
- § 48-573 Pedestrian Malls
In addition to the powers granted in section 48-572, when the public interest or convenience requires, the governing body of a municipality may: 1....
- § 48-574 Improvement Districts For Operation, Maintenance, Repair And Improvement Of Pedestrian Malls, Off‑street Parking Facilities And Parkings And Parkways
A. In addition to the purposes for which an improvement district may be formed under the provisions of section 48-572, an improvement district may...
- § 48-575 Improvement Districts For Enhanced Municipal Services
A. In addition to the purposes for which an improvement district may be formed under the provisions of section 48-572, an improvement district may...
- § 48-576 Resolution Or Ordinance Of Intention To Order Improvement
A. Before ordering an improvement authorized by this article, the governing body of the municipality shall pass a resolution or ordinance of intention so...
- § 48-577 Plans; Estimate Of Cost; Limitation On Assessment
Before passing the resolution of intention, preliminary plans that show the location and the type and character of the proposed improvements and estimates of...
- § 48-578 Publication Of Resolution Of Intention; Posting Notice Of Resolution
The resolution of intention shall be published in successive issues five times in a daily newspaper, or two times in a weekly or semiweekly...
- § 48-579 Protest Against Proposed Improvement; Protest As Bar To Improvement Proceedings; Objection To Extent Of Assessment District
A. The owners of a majority of the frontage of the property fronting on the proposed improvement, or, when the cost of the improvement...
- § 48-580 Procedure For Making And Hearing Protests And Objections
A. In determining protests and objections, the governing body shall be guided by these rules: 1. Each paper containing signatures shall have attached thereto...
- § 48-581 Resolution Ordering Improvement; Notice; Bids
A. When no protests against the work or no objections as to the extent of the proposed assessment district have been filed within the...
- § 48-582 Assessment Of Public Property
A. When a lot belonging to the United States, the state, a county, city, school district or any political subdivision or institution of the...
- § 48-583 Payment Of Costs By City
A. The governing body may order in the resolution of intention that the whole or any part of the cost and expenses of any...
- § 48-584 Bids; Bond; Award Of Contract; Entering Into Contract; Liability On Bond
A. Bids shall be submitted accompanied by a bond payable to the municipality for an amount not less than ten per cent of the...
- § 48-585 Option Of Municipality To Reject Bids; Municipality As Contractor; Limitation Of Assessment
The governing body may at any time within ten days after the time fixed for opening bids, by resolution adopted by a vote of...
- § 48-586 Form And Execution Of Contract; Liquidated Damages; Supervision Of Performance; Delivery Of Assessment
A. The superintendent of streets shall make all written contracts and receive all bonds authorized by this article. The contracts shall specify a reasonable...
- § 48-587 Bonds Required From Contractor
The contractor shall, before executing the contract, file with the superintendent such bond or bonds as required under the provisions of title 34, chapter...
- § 48-588 Cost Of Publication
A. Before the contract is entered into, the bidder to whom the award was made shall advance to the superintendent of streets, for payment...
- § 48-589 Diagrams Of Property Affected; Estimate Of Benefits; Assessment; Warrant
A. The engineer shall make duplicate diagrams of the property fronting upon the proposed work or improvement, or contained within the assessment district when...
- § 48-590 Delivery Of Warrant And Assessment To Contractor; Demand For Payment; Release Of Assessments; Review Of Assessment
A. After the warrant and assessment are recorded, they shall be delivered to the contractor, or to the treasurer of the municipality if the...
- § 48-591 Action Against Property Owner To Collect Assessment
A. At any time after thirty-five days from the date of the warrant, or, if any objection filed with the governing body as provided...
- § 48-592 Invalidity Of Liens Or Bonds; Extent Of Validity; Means To Secure Interest Of Persons Damaged
A. If the lien of an assessment or reassessment, or of a bond issued to represent the amount assessed on any lot is held...
- § 48-593 Proportionate Assessment; Collection Or Issuance Of Bonds
The governing body may, upon completion of any portion of the improvement for which the contract price equals twenty thousand dollars or more, order...
- § 48-594 Correction Of Assessment; Reallocation Of Assessment
A. After an assessment has been approved by the governing body, the contractor and all persons having an interest in any lot assessed may...
- § 48-595 Issuance Of Improvement Bonds; Fund For Payment Of Bonds
A. The governing body may determine that improvement bonds be issued to represent the cost and expense of the work or improvement constructed. The...
- § 48-596 Description Of Improvement Bonds In Resolution And Notices
A. When the governing body determines that improvement bonds be issued, it shall so declare in the resolution of intention for the work and...
- § 48-597 List Of Unpaid Assessments; Issuance Of Bonds; Denominations; Due Date
A. After the return of the warrant, and after recording the return, the superintendent shall make and certify to the clerk a complete list...
- § 48-598 Form Of Bonds
A. The bonds shall be signed by the mayor, attested by the clerk and sealed with the corporate seal of the city or town,...
- § 48-599 Certification Of Unpaid Assessments; Payments By Installment; Interest; Payments In Advance
A. The superintendent, at the time he certifies the list of assessments unpaid to the clerk, shall write the word " certified" on the...
- § 48-600 Collection Of Assessment Installments; Notice; Delinquent Installments
A. All assessments not certified to the clerk shall remain collectable by the contractor as provided by this article, but the superintendent shall promptly...
- § 48-601 List Of Delinquent Installments; Publication Of Notice; Sale Of Delinquent Property
A. The superintendent shall, within twenty days from the date of the delinquency, begin the publication of the list of the assessments on which...
- § 48-602 Payment After Delinquency And Before Sale
At any time prior to the sale of any lot assessed, any person may pay the delinquent installment on the lot together with the...
- § 48-603 Sale Procedure; Municipality As Purchaser; Disposition Of Property By Municipality
A. On the day fixed for the sale, the superintendent shall, at 10:00 a.m., or at any time thereafter to which the sale may...
- § 48-604 Certificate Of Sale; Lien
A. After making the sale, the superintendent shall execute, in duplicate, a certificate of sale stating the description of the property sold, the name...
- § 48-605 Redemption
A. Redemption may be made by any party having an interest in the lot at any time before the execution and delivery of a...
- § 48-606 Deed To Purchaser; Notice To Owner; Redemption After Notice; Effect Of Deed
A. After the expiration of twelve months from the date of sale, the superintendent shall execute to the purchaser, or his assignee, on his...
- § 48-607 Disposition Of Sale Proceeds
The superintendent shall promptly pay to the treasurer all monies collected by him from sales. The treasurer, on receipt thereof, shall place the monies...
- § 48-608 Ordinance For Collection Of Assessments By Taxation
A. The governing body may by ordinance passed before or after issuance of the bonds, provide that the assessments for the payment of the...
- § 48-609 Deficiency In Collections
If there is a deficiency in the funds collected from the special assessments by reason of the inadequacy of the method of collection adopted...
- § 48-609.01 Special Provisions Pertaining To Loan Agreements
A. Each municipality that has entered into, or enters into, a loan agreement with the water infrastructure finance authority of Arizona pursuant to section...
- § 48-610 Procedure When Assessment Declared Void
A. When the assessment on a lot levied for the improvement, or part thereof, or the entire assessment, is adjudged void for any reason,...
- § 48-611 Failure To Hold Or Adjourn Scheduled Hearing; Provision For Subsequent Hearing
When the time and place for a hearing is fixed by a governing body under this article, and for any reason the hearing is...
- § 48-612 Proof Of Publication And Posting
Unless otherwise provided, proof of publication, or of posting resolutions or notices shall be made by the affidavit of the person required to make...
- § 48-613 Public Records; Duties Of Engineer
A. The superintendent shall keep the records required by this article in his office in the municipality and they shall be open to inspection...
- § 48-614 Improvement Districts For Providing Off-Street And Improvement Parking Facilities; Providing For The Leasing And Improvement Of Real Property
A. In addition to the purposes for which an improvement district may be formed under the provisions of section 48-572, an improvement district may...
- § 48-615 Special Provisions Relating To Improvement Districts For Purchasing Electricity For Lighting Public Streets Or Parks
A. If a petition for the formation of an improvement district to purchase electricity for street or public park lighting is presented to the...
- § 48-616 Improvement Districts For Purchasing Energy For Lighting Public Streets And Parks
A. In addition to the purposes for which an improvement district may be formed under the provisions of section 48-572, an improvement district may...
- § 48-617 Special Provisions Relating To Improvement Districts For Purchasing Energy For Lighting Public Streets Or Parks
A. If a petition for the formation of an improvement district to purchase and not generate energy for street or public park lighting is...
- § 48-618 Bond Anticipation Notes; Form; Procedures Applicable
A. Whenever the governing body has determined in the resolution of intention that improvement bonds shall be issued, bond anticipation notes may be sold...
- § 48-619 Revolving Fund; Lapsing Provisions; Separate Fund
A. The governing body may create a revolving fund to aid in the construction of public improvements under this article and article 1 of...
- § 48-620 Improvement Districts For Underground Utility And Cable Television Facilities In Public Rights-Of-way And Easements; Procedures; Costs; Definitions
A. Subject to the limitations contained in this section, the powers and duties of the governing body of a municipality for establishing underground utility...
- § 48-621 Regulatory Authority Of Utility Undergroundings
The provisions of section 48-620 shall not be construed to limit or otherwise affect the authority of a municipality to regulate the undergrounding of...
- § 48-622 Wastewater Treatment Or Drinking Water Facility And Nonpoint Source Projects; Loan Repayment Agreements; Definition
A. Notwithstanding any other law, a municipal improvement district may construct, acquire or improve a wastewater treatment facility, drinking water facility or nonpoint source...
Article 3 General Improvement Fund and Investment Bonds
Article 4 Refunding Improvement Bonds
- § 48-651 Law Governing Refunding Of Improvement Bonds
Improvement bonds issued under articles 1 and 2 of this chapter, or chapter 144, session laws of 1919, or amendments thereto, may be refunded...
- § 48-652 Order For Issuance Of Bonds
When the public interest or convenience requires, or when the governing body of a municipality deems it expedient and advisable, the governing body may...
- § 48-653 Amount Of Refunding Issue; Time And Method Of Redemption
A. The amount for which the refunding bonds shall be issued may include the total amount remaining due on the principal of the original...
- § 48-654 Resolution Of Intention To Refund
Before ordering the issuance of refunding bonds, the governing body shall pass a resolution of intention so to do. The resolution shall be sufficient...
- § 48-655 Publication And Posting Of Resolution
A. The resolution of intention shall be published, in successive issues, five times in a daily newspaper or two times in a weekly or...
- § 48-656 Filing Of Protest; Hearing
A. Any person who owns or is interested in or has a lien upon any lot, piece or parcel of real property upon which...
- § 48-657 Procedure At Hearing
A. At the hearing, any person interested or affected in any manner by the proposed refunding bond issue, may appear and make an oral...
- § 48-658 Resolution Authorizing Issuance Of Bonds
When no objections against the proposed refunding bonds have been filed or made at the hearing, or when all objections filed have been heard...
- § 48-659 Denomination And Date Of Bonds; Payment Of Interest And Principal
A. The refunding bonds shall be of the same denominations as the original bonds, except that an original bond may be divided into two...
- § 48-660 Execution And Form Of Bonds
A. The bonds shall be signed by the mayor, attested by the clerk and sealed with the corporate seal of the municipality. The interest...
- § 48-661 Disposition Of Refunding Bonds; Provisions For Payment
A. Immediately upon ordering the issuance of the refunding bonds, the governing body shall proceed to sell the bonds. The refunding bonds may be...
- § 48-662 Reinstatement Of Assessment On Certain Property; Limitation
A. At the time of issuing the refunding bonds provided for by this article, and as a part of such refunding, the governing body...
Article 5 Street and Highway Improvement Bonds
- § 48-681 Borrowing Power Of Cities And Towns
An incorporated city or town, in addition to other powers conferred upon it by law, may borrow money and issue bonds for the purpose...
- § 48-682 Vote On Bond Issues
When the governing body of an incorporated city or town determines to borrow money under the provisions of this article, the question of issuing...
- § 48-683 Election Resolution
A. The governing body shall adopt a resolution calling an election upon the question of the issuance of bonds. The resolution shall state in...
- § 48-684 Registration Of Voters
The governing body may require the registration of all persons desiring to vote at the election and in such case the election resolution shall...
- § 48-685 Ballots
At the election the ballot shall contain the words " for the bonds" and " against the bonds" and to the right of and...
- § 48-686 Canvass Of Returns
The governing body shall canvass the returns and declare the result of the election. If it is found by the governing body that a...
- § 48-687 Application Of Election Laws
Except as otherwise provided in this article, the manner of conducting the registration and election, keeping the poll lists, the returns, declaring the results...
- § 48-688 Form Of Bonds; Interest Rates; Redemption; Payment Of Principal And Interest; Additional Security; Definition
A. Bonds issued under this article shall be fully negotiable within the meaning and for all purposes provided by title 47. They may be...
- § 48-689 Issuance Of Bonds For Public Improvements; Limitations Of Amount, Successive Borrowings; Computation
A. No city or town may issue bonds under this article unless the aggregate amount of the revenues received by it from highway user...
- § 48-690 Expansion Of Pledge; Effect On Prior Elections; Refunding Bonds; Conflict Of Interest
A. All bonds issued pursuant to this article shall be paid from, and may hereafter be secured by a pledge of, all revenues received...
- § 48-691 Separate Fund To Pay Interest And Principal Upon Maturing Installment
After any indebtedness is incurred under the provisions of this article, the treasurer of the city or town, during each year such indebtedness continues,...
Article 6 Community Facilities Districts
- § 48-701 Definitions
In this article, unless the context otherwise requires: 1. " Clerk" includes any person or official who performs the duties of clerk of the...
- § 48-702 Resolution Declaring Intention To Form District
A. If the public convenience and necessity require, and on presentation of a petition signed by the owners of at least twenty-five per cent...
- § 48-703 Notice
A. The clerk shall execute a notice which shall read substantially as follows: To whom it may concern: The governing body of the (city)...
- § 48-704 Hearing On Objections
A. Any person claiming an interest in real property which the resolution discloses is situated in the district may file a written objection with...
- § 48-705 Order Forming District; Election
A. After the hearing, the governing body may adopt a resolution ordering the formation of the district, deleting any property determined not to be...
- § 48-706 Judicial Review
A. An owner or other person claiming an interest in the property who filed a written objection and who presented testimony or evidence at...
- § 48-707 Notice And Conduct Of Elections; Waiver
A. Any election under this article shall be a nonpartisan election called by posting notices in three public places within the boundaries of the...
- § 48-708 Formation; Debt Limitation
A. If the formation of the district is approved by a majority of the votes cast at the election, the governing body shall order...
- § 48-709 Powers Of A Community Facilities District
A. In addition to the powers otherwise granted to a district pursuant to this article, a district may to further the general plan: 1....
- § 48-710 Perpetual Succession
The district has perpetual succession.
- § 48-711 Records; Board Of Directors; Open Meetings
A. The district shall keep the following records which shall be open to public inspection: 1. Minutes of all meetings of the district board....
- § 48-712 Participation By Municipality Or County
The governing body of the municipality or county, by resolution, may summarily order the participation by the municipality or county in the costs of...
- § 48-713 Other Districts Or Improvements
The formation of a district under this article does not prevent the subsequent establishment of similar districts or the improvement or assessment of land...
- § 48-714 Change In District Boundaries Or General Plan
A. After the formation election, an area may be deleted from the district only following a hearing on notice to the owners of land...
- § 48-715 Project Approval
Before constructing or acquiring any public infrastructure, the district board shall cause a study of the feasibility and benefits of the project to be...
- § 48-716 Budget
On or before July 15 each year, the district treasurer shall prepare a proposed budget for the ensuing fiscal year to be submitted to...
- § 48-717 Finances
The projects to be constructed or acquired as shown in the general plan may be financed from the following sources of revenue: 1. Proceeds...
- § 48-718 Recording Documents
The district shall file and record with the county recorder the order forming the district, the general plan of the district, the canvass of...
- § 48-719 General Obligation Bonds; Tax Levy
A. At any time after the hearing on formation of the district, the district board, or, if before formation, the governing body, may from...
- § 48-720 Revenue Bonds; Fees And Charges
A. At any time after the hearing on formation of the district, the district board may hold a hearing on the question of authorizing...
- § 48-721 Special Assessments; Assessment Lien Bonds
A. The district board, by resolution and pursuant to the procedures prescribed by sections 48-576 through 48-589, as nearly as practicable, or such other...
- § 48-722 Terms Of Bonds
Notwithstanding article 2 of this chapter, with respect to any bonds the district board shall prescribe the denominations of the bonds, the size of...
- § 48-723 District Taxes; Annual Financial Estimate And Budget
A. Except as provided in subsection D of this section and at any time after the hearing on formation of the district, the district...
- § 48-724 Dissolution Of District
A. The district may be dissolved by the district board by a resolution of the district board if the following conditions exist: 1. All...
- § 48-725 Wastewater Treatment Or Drinking Water Facility And Nonpoint Source Projects; Loan Repayment Agreements; Definitions
A. Notwithstanding any other law, a community facilities district may construct, acquire or improve a wastewater treatment facility, drinking water facility or nonpoint source...
Chapter 5 FIRE DISTRICTS
Article 1 General Provisions
- § 48-802 Election Procedures; Qualifications
A. All elections held pursuant to this article shall conform to the requirements of this section. B. Except as otherwise provided in this article,...
- § 48-803 District Administered By A District Board; Report
A. In a district that the board of supervisors estimates has a population of fewer than four thousand inhabitants, the district board may consist...
- § 48-804 District Administered By Elected Chief And Secretary‑treasurer
A. Beginning with the first term of office that commences immediately after the next regular election for that fire district after July 29, 2010,...
- § 48-805 Fire District; Powers And Duties; Definition
A. A fire district, through its board, shall: 1. Hold public meetings at least once each calendar month unless a board consists of three...
- § 48-805.01 Separate Legal Entities; Joint Exercise Of Powers
A. If public agencies identified in subsection B of this section form a separate legal entity pursuant to section 11-952, the entity has the...
- § 48-805.02 Fire District Annual Budget; Levy; Requirements
A. A fire district shall prepare an annual budget that contains detailed estimated expenditures for each fiscal year and that clearly shows salaries payable...
- § 48-805.03 Employment Of Relatives; Violation; Classification
A. It is unlawful for an elected or appointed officer or employee of a fire district to do any of the following: 1. Appoint...
- § 48-806 Bond Election; Issuance And Sale Of Bonds
A. Except for a district formed pursuant to section 48-851, the district board or the elected chief and secretary-treasurer may order an election by...
- § 48-807 County Fire District Assistance Tax; Annual Budget; Override
A. The board of supervisors of a county shall levy, at the time of levying other property taxes, a county fire district assistance tax...
- § 48-812 Disposition Of Fire District Assets And Relief And Pension Fund Assets On Annexation By Or Inclusion In A City Or Town
A. When any area having a fire district established under this article is entirely annexed to a city or town or entirely included within...
- § 48-813 Deletion Of Annexed Area From Fire District Territory; Provision For Continued Protection; Proposed Annexation
A. If any part or all of the territory of a district is annexed to a city or town, or is included within a...
- § 48-814 Property Located Outside Of Fire District Territory; Reimbursement To Fire District For Cost Of Fire And Emergency Medical Services
A. A fire district may provide or assist in providing emergency fire or emergency medical services outside of its own district boundaries if those...
- § 48-815.01 District Dissolution; Procedures; Notice; Hearing; Determinations; Petitions
A. A fire district may be dissolved by the following procedures: 1. Any adult person desiring to dissolve a fire district shall prepare and...
- § 48-815.02 Dissolution; Petitions Of Property Owners; Form; Verification
A. A petition of property owners that is submitted to comply with section 48-815.01, subsection A, paragraph 7 shall contain a heading that clearly...
- § 48-816 Election To Reorganize District
A. The board of supervisors shall make an order calling an election to decide whether to reorganize a fire district as prescribed in this...
- § 48-817 Districts Over Twenty-Five Thousand Population
A fire district with a population exceeding twenty-five thousand persons as estimated by the board of supervisors shall not organize or reorganize as a...
- § 48-818 Emergency Medical Aid Or Assistance To Other Public Bodies; Limitation On Liability
A. A district, or an employee of a district, organized pursuant to this chapter, or a private fire or ambulance company whose services are...
- § 48-819 Reimbursement For County Services
The actual costs of services provided by a county to a fire district are subject to reimbursement pursuant to section 11-251.06, subsection B. The...
- § 48-820 Election To Merge Fire Districts; Notice; Hearing; Approval; Joint Meeting; Merged District Board
A. Except as provided in subsection K of this section, the board of supervisors shall make an order calling for an election to decide...
- § 48-821 Disposition Of Assets On Merger Of Fire Districts
A. If fire districts established under this article are merged, all the equipment, assets and liabilities of the affected districts shall be transferred to...
- § 48-822 Election To Consolidate Fire Districts; Resolution; Hearing
A. Except as provided in subsection E of this section, the board of supervisors shall make an order calling for an election to decide...
- § 48-823 Disposition Of Assets On Consolidation Of Fire Districts
A. If fire districts established under this article are consolidated, all the equipment, assets and liabilities of the affected districts shall be transferred to...
Article 2 Military Exemptions
Article 3 Noncontiguous County Island Fire Districts
Chapter 6 COUNTY IMPROVEMENT DISTRICTS
Article 1 In General
- § 48-901 Definitions
In this article, unless the context otherwise requires: 1. " Assessment" or " assessment roll" means a special assessment made under this article. 2....
- § 48-902 Authorization For Improvement District; Areas And Lands Excluded
A. An improvement district may be established in any unincorporated area, whether or not contiguous, by the board of supervisors of the county in...
- § 48-903 Petition To Establish District; Elected Board; Verification; Plat
A. A petition addressed to the board of supervisors requesting the establishment of an improvement district may be filed with the clerk of the...
- § 48-904 Bond Of Petitioners; Additional Bond
A. At the time of filing a petition for the establishment of an improvement district, or at any time thereafter but before publication of...
- § 48-905 Hearing On Petition; Summary Establishment; Notice
A. Except as provided in subsection C of this section, upon receipt of a petition for the establishment of a district, or for an...
- § 48-906 Establishment Of District; Dismissal Of Proceedings; Costs; Addition Or Elimination Of Certain Areas
A. Upon the hearing, if it appears after consideration of all objections that the petition is signed by the requisite number of owners of...
- § 48-907 Review Of Action Of Supervisors
Any party aggrieved by any act of the board of supervisors in the establishment of an improvement district may bring an action in the...
- § 48-908 Board Of Directors; Expenses
Unless established pursuant to section 48-903, subsection F, districts organized under this article shall be governed by the board of supervisors of the county...
- § 48-909 Purposes For Which Public Improvements May Be Undertaken; Powers Incidental To Public Improvements
A. When the public interest or convenience requires, the board of directors of an improvement district may order: 1. The whole or any portion,...
- § 48-909.01 Wastewater Treatment Facility; Sewer Collection System And Nonpoint Source Projects; Financial Assistance Loan Repayment Agreements; Definition
A. Notwithstanding any other law, a county improvement district including a domestic wastewater improvement district may construct or improve a wastewater treatment facility, sewer...
- § 48-909.02 Multijurisdictional Entities; Limitation Of District Liability And Responsibility
A. Any county improvement district may join with any other person or entity in the creation of a multijurisdictional entity to further the acquisition,...
- § 48-910 Domestic Water And Domestic Wastewater Services; Authority To Set Fees; Liens; Foreclosure
A. The board of directors of a domestic water improvement district, a domestic wastewater improvement district or a county improvement district that provides or...
- § 48-911 Rights Of Way Within District; Improvements And Maintenance
A. All streets, lanes, alleys, places, courts, avenues, boulevards, highways, crossings, intersections, public ways and grounds in an improvement district organized under this article,...
- § 48-912 Resolution Of Intention To Order Improvement
A. Before ordering an improvement authorized by this article that will result in an assessment against one or more lots within the district, the...
- § 48-913 District Engineer; Appointment; Compensation
A qualified engineer shall be appointed or employed as district engineer and his compensation fixed by the board of directors. Claims of the engineer...
- § 48-914 Preliminary Plans; Estimate Of Cost; Limitation On Assessment
Before passing the resolution of intention, the engineer shall prepare preliminary plans that show the location and the type and character of the proposed...
- § 48-915 Petition To Incur Expense; Sufficiency
A. Before incurring any expenses for which the district may become liable and that will result in an assessment against one or more lots...
- § 48-916 Notice Of Resolution
A. The district shall mail to the owners of all real property within the area to be assessed a notice that contains the following:...
- § 48-917 Protest Against Proposed Improvement; Protest As Bar To Improvement Proceedings; Objection To Extent Of Assessment District
A. The owners of a majority of the frontage of the property fronting on the area of the proposed improvement, or, when the cost...
- § 48-918 Procedure For Making And Hearing Protests And Objections
A. In determining protests and objections, the board of directors shall be guided by these rules: 1. Each paper containing signatures shall have attached...
- § 48-919 Resolution Ordering Improvement; Notice; Bids
A. When no protests against the proposed work or no objections as to the extent of the proposed assessment district have been filed within...
- § 48-920 Assessment Of Public Property; No Rescission
A. When a lot belonging to the United States, the state, a county, city or school district or any political subdivision or institution of...
- § 48-921 Payment Of Costs From Other Sources
When any money is available from the county, or a state or federal agency, or the general fund of the district, or from any...
- § 48-922 Bids; Bond; Award Of Contract
A. Bids shall be submitted accompanied by a bond payable to the district, for an amount not less than ten per cent of the...
- § 48-923 Notice Of Award; Objection To Proceedings; Entering Into Contract; Liability On Bond
A. Notice of the award of contract shall be published twice in a daily newspaper or once in a weekly or semiweekly newspaper, published...
- § 48-924 Form And Execution Of Contract; Supervision Of Performance; Default; New Bids; Delivery Of Assessment
A. The superintendent of streets shall make all written contracts and receive all bonds authorized by this article. The contract shall require the contractor...
- § 48-925 Bonds Required From Contractor
The contractor shall, before executing the contract, file with the superintendent such bond or bonds as required under the provisions of title 34, chapter...
- § 48-926 Cost Of Publications
A. Before the contract is entered into, the bidder to whom the award was made shall advance to the superintendent of streets, for payment...
- § 48-927 Diagrams Of Property Affected; Estimate Of Benefits; Assessment; Warrant; Lien
A. The district engineer shall make duplicate diagrams of the property fronting upon the proposed work or improvement, or contained within the assessment district...
- § 48-928 Delivery Of Warrant And Assessment To Contractor Or Treasurer; Demand For Payment; Release Of Assessments; Review Of Assessment; Hearing
A. After the assessment and warrant, if applicable, are recorded, they shall be delivered to the contractor or to the treasurer of the district...
- § 48-929 Action Against Property Owner To Collect Assessment
A. At any time after thirty-five days from the date of the warrant, or, if any objection filed with the board of directors as...
- § 48-930 Invalidity Of Liens And Bonds; Extent Of Validity; Means To Secure Interest Of Persons Damaged
A. If the lien of an assessment or reassessment, or of a bond issued to represent the amount assessed on any lot is held...
- § 48-931 Proportionate Assessment; Collection Or Issuance Of Bonds
The board of directors may, upon completion of any portion of the improvement for which the contract price equals twenty thousand dollars or more,...
- § 48-932 Correction Of Assessment; Reallocation Of Assessment
A. After an assessment has been approved by the board of directors, the contractor and all persons having an interest in any lot assessed...
- § 48-933 Issuance Of Improvement Bonds; Fund For Payment Of Bonds
A. The board of directors may determine that improvement bonds be issued to represent the cost and expense of the work or improvement constructed....
- § 48-934 Description Of Improvement Bonds In Resolution And Notices
A. When the board of directors determines that improvement bonds shall be issued, it shall so declare in the resolution of intention for the...
- § 48-935 List Of Unpaid Assessments; Issuance Of Bonds; Denominations; Coupons; Due Date; Funds
A. After the return of the assessment and warrant, if applicable, and after the superintendent has recorded the return, the superintendent shall make and...
- § 48-936 Form Of Bonds
A. The bonds shall be signed by the chairman of the board of directors, attested by the clerk and sealed with the corporate seal...
- § 48-937 Certification Of Unpaid Assessments; Payments By Installment; Interest; Payments In Advance
A. The superintendent, when certifying the list of assessments unpaid to the clerk, shall write the word " certified" on the record of the...
- § 48-938 Collection Of Assessment Installments; Notice; Delinquent Installments
A. All assessments not certified to the clerk shall remain collectible by the contractor or the district as provided by this article, but the...
- § 48-939 List Of Delinquent Installments; Publication Of Notice; Sale Of Delinquent Property
A. The superintendent shall, within twenty days from the date of delinquency, prepare a list of the assessments on which any installment is delinquent....
- § 48-940 Payment After Delinquency And Before Sale
At any time prior to the sale of any lot assessed, any person may pay the delinquent installment on the lot together with the...
- § 48-940.01 Notice To Lien Claimants; Loans
A. Before the date fixed for the sale or before the date to which the sale has been postponed, the superintendent shall obtain a...
- § 48-941 Sale Procedure; District As Purchaser
A. On the day fixed for the sale, the superintendent shall at ten o'clock a.m., or any time thereafter to which the sale may...
- § 48-942 Certificate Of Sale; Lien
A. After making the sale, the superintendent shall execute, in duplicate, a certificate of sale stating the description of the property sold, the name...
- § 48-943 Redemption
A. Redemption may be made by any party having an interest in the lot at any time before the execution and delivery of a...
- § 48-944 Deed To Purchaser; Notice To Owner; Redemption After Notice; Effect Of Deed
A. After the expiration of thirteen months from the date of sale, the superintendent shall execute to the purchaser, or his assignee, on his...
- § 48-945 Collections From Sales; Disposition Of Sale Proceeds
The superintendent shall promptly pay to the treasurer all sums collected by him from sales. The treasurer, on receipt thereof, shall place such sums...
- § 48-946 Resolution For Collection Of Assessment By Taxation
A. The board of directors may by resolution passed before or after issuance of the bonds, provide that the assessments for the payment of...
- § 48-947 Deficiency In Collections; Liability Of District
If there is a deficiency in the funds collected from special assessments by reason of the inadequacy of the method of collection adopted by...
- § 48-948 Failure To Meet And Adjourn Scheduled Hearing; Provision For Subsequent Hearing
When the time and place for a hearing is fixed by the board of directors under this article, and for any reason the hearing...
- § 48-949 Void Assessments; New Assessment; Partial Deficit
A. When the assessment on a lot levied for an improvement as provided by this article, or part thereof, or the entire assessment, is...
- § 48-950 Proof Of Notice; Definition
A. Unless otherwise provided by this article, proof of mailing, of publication, or of posting resolutions or notices shall be made by affidavit of...
- § 48-951 Public Records; Duties Of Engineer
A. The superintendent shall keep his office and records in the office of the board of directors. B. The district engineer shall do the...
- § 48-952 General Obligations Of District
General obligations of the district shall be provided for by the levy and collection of taxes upon all the real and personal property in...
- § 48-953 Irrigation Assessments; Collection
The board of directors of an improvement district may collect payment of irrigation district assessments imposed upon the land within the improvement district as...
- § 48-954 Annual Statements And Estimates
The board of directors of a district organized under the provisions of this article shall make annual statements and estimates for the district, publish...
- § 48-955 Levy And Collection Of District Taxes
A. The board of supervisors shall levy upon the property of the districts as provided by this article and collect as general county taxes...
- § 48-956 Maintenance Of Roads By County; Cooperative Expenditures
The duty of the county to construct and maintain roads and highways within the boundaries of an improvement district shall not be impaired or...
- § 48-957 Charges For Services Of County Employees
Supervision of construction work and clerical services performed by county employees in connection with special assessment proceedings shall be charged to the proceedings as...
- § 48-958 Disposition Of Surplus Funds
A. If any money or property remains in the special fund for any bond issue after all the bonds are fully paid, it shall...
- § 48-959 Dissolution Of District
Any district organized under this article shall be dissolved by its board of directors when all bonds and other obligations of the district are...
- § 48-960 Improvement Districts For Purchasing Energy For Lighting Public Streets And Parks
A. In addition to the purposes for which an improvement district may be formed under the provisions of section 48-909, an improvement district may...
- § 48-961 Special Provisions Relating To Improvement Districts For Purchasing Energy For Lighting Public Streets Or Parks
A. If a petition for the formation of an improvement district to purchase energy for street or public park lighting under section 48-960 is...
- § 48-961.01 Transfer Of County Improvement District To Purchase Energy For Lighting Public Streets And Parks To Municipal Jurisdiction
A. Except as provided in subsection C of this section, a county improvement district that is formed pursuant to section 48-960 or 48-961 for...
- § 48-962 Bond Anticipation Notes; Form; Procedures Applicable
A. If the board of directors has determined that improvement bonds shall be issued, bond anticipation notes may be sold at any time after...
- § 48-963 Revolving Fund; Lapsing Provisions; Separate Fund
A. The board of supervisors may create a revolving fund in the county treasury to aid in the construction of public improvements under this...
- § 48-964 District Revenues; Payment For Certain Improvements
A. Notwithstanding any other provision of this chapter, the board of directors of an improvement district may obligate, by resolution, by contract or by...
- § 48-965 Reimbursement For County Services
Services provided by a county to any county improvement district formed pursuant to this article are subject to reimbursement pursuant to section 11-251.06.
- § 48-966 Refunding Bonds
A. Any bonds issued pursuant to this chapter may be refunded and refunding bonds may be issued to do any of the following: 1....
- § 48-967 Alternate Project Delivery Method; Construction Projects; Definitions
A. If the alternative methods to procure professional services and construction services pursuant to section 48-282 are used and if the costs of the...
Article 2 County Improvement Districts-Alternate Procedure for Assessing and Financing Proposed Improvements and Providing for the Issuance of Bonds Prior to Construction of Improvements
- § 48-981 In General
A. The provisions of this article are alternative and supplemental to article 1 of this chapter, and are intended to provide economies in the...
- § 48-982 Protests; Hearing; Determinations
A. Written protests may be filed as to the matters provided in sections 48-917, 48-918 and 48-928, except as to the performance of improvement...
- § 48-983 Payment Of Assessments; Issuance And Sale Of Bonds
A. Following the recording of the diagram and assessment as provided in section 48-927, the clerk shall give notice of the day the assessment...
- § 48-984 Annual Assessment Installments
A. Annual installments of principal and interest of the assessments shall be collected on the county tax roll in the manner provided in section...
- § 48-985 Prepayment Of Assessment
A. An owner may elect to pay the total amount of the assessment levied on a lot or tract of land owned by him,...
- § 48-986 Advancing Maturity Of Bonds
A. When the treasurer determines that, by reason of the prepayment of an assessment or assessments as provided in section 48-985, a bond or...
- § 48-986.01 Limited Infrastructure Construction Finance Revolving Fund; Definition
A. The board of supervisors may establish a revolving fund in the county treasury to finance infrastructure construction in the unincorporated areas of the...
- § 48-987 Modifications
A. During the pendency of a proceeding, changes and modifications may be made by the board in the acquisitions or improvements, the cost estimate,...
- § 48-988 Application Of Article
Except as provided in this article, the provisions of article 1 of this chapter shall apply.
Article 3 Cumulative Delinquency Procedures
Article 4 Alternative Form of Government for Domestic Water Improvement Districts and Domestic Wastewater Improvement Districts
Article 5 Rural Road Improvement Districts
- § 48-1031 Definitions
In this article, unless the context otherwise requires: 1. " Clerk" means the clerk of the board of supervisors. 2. " Debt service" means...
- § 48-1032 Resolution Declaring Intention To Form District
A. If the public convenience and necessity require, the board of supervisors of a county having a population of more than ninety thousand but...
- § 48-1033 Notice
A. The clerk shall execute a notice which shall read substantially as follows: To whom it may concern: The board of supervisors of _______________...
- § 48-1034 Objections; Hearing On Formation
A. Any person claiming an interest in real property which the resolution discloses is in the district may file a written objection with the...
- § 48-1035 Order Forming District; Election
A. After the hearing, the board of supervisors may adopt a resolution ordering the formation of the district, deleting any property which the board...
- § 48-1036 Judicial Review
A. A person claiming an interest in property who filed a written objection and who presented testimony or evidence at the hearing may seek...
- § 48-1037 Notice And Conduct Of Elections; Waiver
A. Any election under this article shall be called by posting notices in three public places within the boundaries of the district not less...
- § 48-1038 Formation
A. If the formation of the district is approved by a majority of the votes cast at the election, the board of supervisors shall...
- § 48-1039 Powers Of A Rural Road Improvement District
A. In addition to the powers otherwise granted to a district pursuant to this article a district may with respect to the rural road...
- § 48-1040 Records; Board Of Directors; Open Meetings
A. The district shall keep the following records which shall be open to public inspection: 1. Minutes of all meetings of the board. 2....
- § 48-1041 Participation By County
The board of supervisors, by resolution, may summarily order that the county pay part of the costs of any rural road improvement.
- § 48-1042 Other Districts Or Improvements
The formation of a district under this article does not prevent the improvement or assessment of land in the district by the county pursuant...
- § 48-1043 Change In District Boundaries Or Plan
A. After the formation election, an area may be deleted from the district only following a hearing on notice given to the owners of...
- § 48-1044 Finances
The rural road improvement projects may be financed from the following sources of revenue: 1. Proceeds received from the sale of bonds of the...
- § 48-1045 General Obligation Bonds
A. At any time after the hearing on formation of the district, the district board, or if before formation, the board of supervisors, may...
- § 48-1046 Terms Of Bonds
A. With respect to any bonds, the district board shall prescribe the denominations of the bonds, the size of each issue and the form...
- § 48-1047 District Taxes
The district board shall make annual statements and estimates of the amount to be raised to pay general obligation bonds of the district, which...
- § 48-1048 Dissolution Of District
A. When the district board certifies that the rural road improvements for which the district was formed are completed and comply with county standards,...
Article 6 Revenue Bond Financing
Article 7 Alternative Form of Government for Road Improvement and Maintenance Districts
Article 8 Alternative Form of Government for Road Enhancement Improvement Districts
Chapter 7 COUNTY TELEVISION IMPROVEMENT DISTRICTS
Article 1 General Provisions
Chapter 8 COMMUNITY PARK MAINTENANCE DISTRICTS
Article 1 General Provisions
- § 48-1201 Definitions
In this article, unless the context otherwise requires: 1. " Assessment" means a tax assessment made under this article for the purpose of financing...
- § 48-1202 Establishment Of Community Park Maintenance District; Territory; Purpose; Approval
A. In addition to the requirements for the establishment of a community park maintenance district as set forth in section 48-261, a district shall:...
- § 48-1206 Establishment Of Community Park Maintenance District; Denial Of Petition; Costs
A. Following the hearing, if it appears after consideration of all objections that the petition is signed by the requisite numbers of registered voters,...
- § 48-1208 Board Of Directors; Qualifications; Term; Appointment; Election; Compensation; Expenses
A. A district having an area of one hundred sixty acres or more shall be governed by a board of at least three directors....
- § 48-1209 Powers Of Community Park Maintenance District
In addition to the powers specifically granted, a community park maintenance district, acting through its board of directors, may: 1. Maintain community parks certified...
- § 48-1210 Tax Levies; Delinquency Assessment
A. Maintenance and related operating costs incurred by each district shall be paid from revenues derived from an annual tax levy on the real...
- § 48-1211 Fees, Rentals And Service Charges; Reserve Fund
A. The board of directors may charge and collect fees, rentals and service charges for any service performed or property furnished by the district....
- § 48-1212 Dissolution Of Community Park Maintenance District; Disposition Of Property; Tax For Outstanding Indebtedness
A. A district organized under this article which has no outstanding legal indebtedness may be dissolved on a vote of a majority of the...
- § 48-1213 Alternative Method Of Dissolution Of Community Park Maintenance District
A. A district organized under this article, the territory of which is wholly included within the corporate limits of a city or town, may...
- § 48-1214 Reimbursement For County Services
Services provided by a county to a community park maintenance district are subject to reimbursement pursuant to section 11-251.06.
Chapter 9 COTTON PEST CONTROL DISTRICTS
Article 1 General Provisions
- § 48-1301 Definitions
In this chapter, unless the context otherwise requires: 1. " Board" means the board of directors of a district. 2. " Council" means the...
- § 48-1302 Petition To Form A District
Any group of cotton producers in a proposed cotton pest control district may petition the cotton research and protection council to establish a district...
- § 48-1303 Contents Of Petition
The petition to establish the district shall include: 1. The signature, name and address of each producer included in the proposed district. 2. The...
- § 48-1304 Notice Of Petition And Hearing
On receiving the petition, the council shall determine whether the petition meets the requirements of section 48-1303. If the petition meets those requirements, the...
- § 48-1305 Hearing; Approval Or Denial
A. The council shall hold a hearing to receive comments from the petitioners of the proposed district. B. The council shall announce its findings...
- § 48-1306 Board Of Directors; Officers
A. A district shall be governed by a board of at least five but not more than eleven directors. Only producers in the district...
- § 48-1307 Administrative Powers
The board may: 1. Spend district monies as necessary to implement the pest control programs of the district. 2. Employ or contract with persons...
- § 48-1308 Financial Report And Budget
A. The board shall issue an annual financial report showing the receipts and expenditures of all monies and the district's assets and liabilities at...
- § 48-1309 Assessments And Fees
A. Each year after adopting its budget, the board shall levy an assessment based on either: 1. The number of bales of cotton that...
- § 48-1310 Right To Enter Property
An officer or employee of the district has the right to enter any property in the district to carry out the district's pest control...
- § 48-1311 Enlarging District Boundaries
A. At any time after the district has been formed, the district may adjust its boundaries by a vote of the board and upon...
- § 48-1312 Dissolution
A. Districts may be dissolved by a majority vote of the board of directors of the district. B. If the district is dissolved, the...
- § 48-1313 Annual Election To Participate
A. In the year of formation and in any subsequent growing season for which a cotton producer has not exercised his or her right...
Chapter 10 SPECIAL ROAD DISTRICTS
Article 1 General Provisions
- § 48-1401 Validation Of Existing Road Districts
All entities which have been in existence and have operated as special road districts for six months, as of the effective date of this...
- § 48-1402 Qualifications Of Voters
No person shall vote at any election held in the district unless he is a qualified elector of the district and has resided within...
- § 48-1404 Election Of Trustees; Vacancies
A. An election shall be held in the special road district on the fourth Tuesday in February of each year to elect trustees to...
- § 48-1405 Powers And Duties Of Trustees
The trustees of the special road district shall: 1. Have charge and control of the establishment, maintenance and repair of roads, driveways and bridges...
- § 48-1406 Special Road Tax; Limitation On Amount; Election To Exceed Limits
A. For the purpose of construction, maintenance and repair of the roads, driveways, highways and bridges within the special road district, a special road...
- § 48-1407 Road Improvement Bonds; Call For Special Election
If it is deemed necessary or advisable by the board of trustees of the district to expend in the construction or maintenance of roads,...
- § 48-1408 Notice Of Election
A. The election shall be called by posting notices signed by the board in three public places in the district for not less than...
- § 48-1409 Conduct Of Election
A. The election shall be held, except as otherwise provided by this article, in conformity with the general election laws of the state, except...
- § 48-1410 Issuance Of Bonds
A. The board of supervisors shall issue the bonds of the district in the number and amount provided in the proceedings, payable from the...
- § 48-1411 Payment Of Bonds; Tax Levy
A. The board of supervisors, at the time of making the levy of taxes for county purposes, shall levy a tax for that year...
- § 48-1412 Effect Of Special Road Tax Upon Collection Of General County Tax Within District
The levy and collection of the special road taxes within the district shall not exempt the property within the district from the levy and...
- § 48-1413 Dissolution Of District
A. When a petition signed by twenty-five electors within a special road district is presented to the board of supervisors of the county in...
- § 48-1414 Reimbursement For County Services
Services provided by a county to a special road district are subject to reimbursement pursuant to section 11-251.06.
- § 48-1415 Joint Special Road Districts; Trustees; Authority; Actions; Bonds; Approval
A. Two or more special road districts may by agreement, whether before or after the effective date of this section, act as a joint...
- § 48-1416 Formation Of Overlay District; Hearing; Procedures; Election
A. On request of the board of trustees of two or more contiguous special road districts, or two or more contiguous special road districts...
- § 48-1417 Bonds; Submittal To Attorney General
If requested by the board of trustees of a special road district, a joint special road district or a merged special road district, the...
Chapter 11 POWER DISTRICTS
Article 1 Formation, Change in Boundaries and Dissolution
- § 48-1501 Powers Of District; Same General System Of Works Defined
A. Power districts, after they are organized, shall have the powers, rights and duties which are conferred by law upon power districts. B. The...
- § 48-1502 Petition For Organization; Publication; Notice; Qualification Of Petitioners
A. When five or more holders of title, or evidence of title, as provided by this section, to agricultural lands which are susceptible of...
- § 48-1503 Hearings On Petition; Determination Of Boundaries
A. The board of supervisors shall hear the petition when it is presented, but may adjourn the hearing from time to time not exceeding...
- § 48-1504 Appeal From Order Establishing Boundaries Of District
A. Any person interested who is a party to the record may appeal to the superior court of the county in which the petition...
- § 48-1505 Division Of District; Number Of Directors
A. When the boundaries of the district are defined and established, the board shall, if so requested in the petition, make an order dividing...
- § 48-1506 Election Upon Question Of Organization; Polling Places; Election Officials
A. If upon the hearing as provided by section 48-1503 the prayer of the petition is granted, the board of supervisors shall by further...
- § 48-1507 Notice Of Election
A. The board of supervisors shall cause a notice embodying in substance the order provided by section 48-1506, signed by the chairman and clerk...
- § 48-1508 Qualifications Of Electors
A. No person shall be entitled to vote at any election held under the provisions of this chapter unless he possesses all the qualifications...
- § 48-1509 Ballots; Manner Of Voting
A. The ballots to be used at the election for the formation of the district shall be supplied by the board of supervisors and...
- § 48-1510 Opening And Closing Polls; Determining And Certifying Result; Powers Of Election Judges
A. The polls shall be open on the day of election at eight o'clock a.m. and remain open until six o'clock p.m. After closing...
- § 48-1511 Canvass Of Votes; Order Based On Results; Completion Of District Formation; Qualification Of Directors
A. The board of supervisors shall meet on the second Monday next succeeding the election and canvass the votes cast. If it appears that...
- § 48-1512 Tie Votes
If two or more persons at an election receive the same number of votes for director from any division of the district, or from...
- § 48-1513 Contest Of Elections; Appeal To Supreme Court
A. The organization or election provided by this article may be contested by any person owning property within the district liable to assessment for...
- § 48-1514 Division Of District Subsequent To Organization
A. At any time a majority of the owners in fee of all the lands constituting the district may file with the board of...
- § 48-1515 Limitation On Subsequent Formation Of New District
A. The board of supervisors of a county in which any portion of a proposed district is located shall not permit the organization of...
- § 48-1516 Districts Organized Under Prior Law
The provisions of this chapter shall apply to any district organized prior to March 26, 1919 which elects to come under the provisions of...
- § 48-1517 Inclusion Or Exclusion Of Lands; Procedure; Costs
A. For the purpose of determining the permanent inclusion of additional lands within the district or excluding lands from the district, petitions by the...
- § 48-1518 Notice Of Hearing On Inclusion Or Exclusion Of Lands; Objections; Failure To Object
A. Upon filing the petitions provided by section 48-1517, and payment of estimated expenses, the secretary shall cause notice to be given and published...
- § 48-1519 Order Granting Or Denying Petition For Inclusion Or Exclusion Of Land
A. Upon the hearings, if the board of directors deems it for the best interests of the district to grant the petitions, it may...
- § 48-1520 Rights Of Guardians, Conservators, Personal Representatives Or Administrators Relating To Inclusion Or Exclusion Of Lands
A guardian, conservator, personal representative or administrator of an estate who has qualified under the laws of this state and as such is entitled...
- § 48-1521 Effect Of Inclusion Or Exclusion Of Lands
The exclusion or inclusion of lands shall not impair the organization of any district organized under this chapter, nor in any manner impair, destroy...
- § 48-1522 Procedure To Dissolve District; Disposition Of Assets
A. When a majority of the bona fide owners of land in a power district organized under this chapter petition the board of supervisors...
Article 2 Administration
- § 48-1541 Organization Of Board
After the directors qualify, they shall organize as a board by electing a president and appointing a secretary.
- § 48-1542 District Office
The office of the board of directors shall be located in the county where the organization of the district was perfected at a place...
- § 48-1543 Meetings Of Board; Inspection Of Records
A. The board of directors shall hold regular quarterly meetings in their office on the first Tuesday in January, April, June and October, and...
- § 48-1544 Compensation And Expenses Of Directors And Employees
A. The compensation of members of the board of directors shall be determined by the board, but shall not exceed thirty dollars per day...
- § 48-1545 Administrative Powers Of Board; Limitations On Contracting Power
A. The board shall: 1. Adopt a seal. 2. Manage and conduct the affairs and business of the district. 3. Make and execute necessary...
- § 48-1546 Other Board Powers; Judicial Proceedings; Validity Of Organization
A. The board may take conveyances for all property acquired by it under the provisions of this chapter in the name of the district...
- § 48-1547 Exemption From Antitrust Statutes
The provisions of title 44, chapter 10, article 1, shall not apply to any conduct or activity of a power district organized pursuant to...
- § 48-1548 Rules For Distribution Of Power; Ratio Of Distribution; Diversion
A. Rules and regulations for distribution of power among owners of the lands shall be printed upon adoption in convenient form for distribution in...
- § 48-1549 Contract Of District Obligating Owner Of Incompleted Title To Land To Pay Bonds And Taxes
A. The board of directors shall require all owners of lands within the district for which title to lands is incomplete at the time...
- § 48-1550 Use Of Public Rights Of Way
A. Power districts may use public streets, thoroughfares, highways and alleys and all other public ways not within towns, cities or municipal corporations under...
- § 48-1551 Construction Of Works Across Private And Public Property
A. The board of directors may construct district works across streams of water, water courses, streets, avenues, highways, railways, canals, ditches, flumes, transmission lines,...
- § 48-1552 Right Of Entry To Survey; Acquisition Of Property For Works
A. The board and its agents and employees may enter upon any land in the district to make surveys and to locate and construct...
- § 48-1553 Title To Property Held In Trust; Procuring Power From Without The State
A. The title to all property acquired under this chapter shall immediately, and by operation of law, vest in the power district in its...
- § 48-1554 Plans And Specifications For Construction; Advertisement For Bids; Bid Deposit; Awarding Contract; Performance Bond
A. When plans and specifications for any construction, repair, alteration, extension, improvement or other district purpose have been adopted by the board of directors...
- § 48-1555 Conveyance Or Transfer To United States Of Irrigable Lands Within District Included Within Federal Reclamation Project; Election; Terms Of Transfer
A. When irrigable lands within a power district have been included within any federal reclamation project, or subdivision thereof, authorized for construction under the...
- § 48-1556 Violations Of Duty By Officer; Classification
An officer of a district who knowingly violates or neglects any duty imposed upon him by law is guilty of a class 2 misdemeanor....
Article 3 District Elections
- § 48-1571 Election Of Directors; Term Of Office
The regular election of the district for the purpose of electing a board of directors shall be held on the first Tuesday after the...
- § 48-1572 Nomination Procedure
A. Nominations of candidates at regular elections to the board of directors shall be by petition, in writing, signed by at least five bona...
- § 48-1573 Notice Of Election; Election Officers
A. Fifteen days before an election held under this article, the secretary of the board shall cause notice specifying the polling places of each...
- § 48-1574 Duties Of Election Officers; Opening And Closing Polls
A. One of the judges of the board of election for each division shall be chairman of the election, and may: 1. Administer oaths...
- § 48-1575 Canvass Of Returns; Postponement; Declaration Of Result
A. A list, tally paper or certificate returned from any election shall not be set aside or rejected for want of form if it...
- § 48-1576 Statement Of Results
A. The secretary of the board shall, as soon as the result of an election is declared, enter in the records of the board,...
- § 48-1577 Issuance Of Certificate Of Election; Vacancy In Office
A. The secretary of the board shall immediately make out and deliver to the persons elected a certificate of election, signed by him and...
- § 48-1578 Qualification As Director
A. Within ten days after receiving the certificates of election, the directors shall take and subscribe the official oath prescribed for public officers and...
- § 48-1579 Recall Of Director
Any director elected or appointed under this article shall be subject to recall by the vote of a majority of the electors of the...
Article 4 Financial Provisions
- § 48-1591 County Treasurer; Duties
The county treasurer of each county in which a district is located, in whole or in part, shall receive, collect and receipt for all...
- § 48-1592 Annual Estimate Of Taxes By Board Of Directors
A. The board of directors on or before June 1 each year shall prepare estimates of the amount of money required to meet the...
- § 48-1593 Computation Of Tax Rate; Levy
A. The board of supervisors of the county in which the office of the power district is located shall immediately upon receipt of the...
- § 48-1594 Entry Of District Assessment On Tax Rolls; Classification Of Lands
A. In each county in which any portion of the lands included within a district are located, the property tax roll shall include entries...
- § 48-1595 Tax Levy On Failure To Certify Estimates; Levy For Unpaid Indebtedness
A. If the board of directors neglects, fails or refuses to provide the estimates and certificates as the basis for the levy and collection...
- § 48-1596 Delinquent Taxes; Sale Of Property For Taxes
A. All taxes assessed and levied under this chapter shall become due and delinquent and shall become a lien on the real property assessed...
- § 48-1597 Payment Of Taxes By Evidences Of Indebtedness; Release Of Lands From Bonded Indebtedness
A. Payment of taxes levied for district purposes may be made with matured bond interest coupons or warrants of a district at their par...
- § 48-1598 Issuance Of Certificate Of Release Upon Payment Of Bonded Indebtedness; Exception
Upon full payment of the indebtedness upon any parcel or parcels of land as provided by this chapter, the treasurer shall issue a certificate...
- § 48-1599 Remittance Of Collections To District Treasurer; Division Of Collections Into Funds; Disbursements; Treasurer's Report
A. The county treasurer of each county containing a portion of any district, except the county treasurer of the county in which the office...
- § 48-1600 Use Of Tax Funds; Transfer Of Surplus Funds
All money raised by taxation on the estimated assessment and levy for purposes required by this chapter shall be applied to the objects for...
- § 48-1601 District Warrants
A. No claim shall be paid by the district treasurer until it has been allowed by the board of directors, and then only upon...
- § 48-1602 Validity Of Liabilities Incurred In Excess Of Express Authority
The board of directors or other officers of the district may not incur any debt or liability by issuing bonds or otherwise in excess...
- § 48-1603 Failure Or Neglect Of Officer To Impress Lien Or Collect Taxes Of District; Remedy
If the directors of a district, a board of supervisors, or officer of any board, or a county assessor or tax officer of any...
- § 48-1604 Reimbursement For County Services
Services provided by a county to a power district are subject to reimbursement pursuant to section 11-251.06.
Article 5 District Bonds
- § 48-1611 General Plan For Proposed Works; Engineering Services
A. For the purpose of constructing, purchasing or acquiring power plants, power lines, generators, motors, transformers, poles, wire and works, and acquiring the necessary...
- § 48-1612 Election To Authorize Issuance Of Bonds
A. Upon receiving the report from the engineer provided by section 48-1611, the board of directors shall proceed to determine the amount of money...
- § 48-1613 Issuance Of Series Bonds; Terms Of Payment; Interest Rate; Denominations
A. The bonds of the district authorized to be issued at an election shall be designated as series bonds, and the series shall be...
- § 48-1614 Issuance Of Bonds Maturing In Less Than Thirty Years
Any district may, by a majority vote of the electors of the district possessing the qualifications of electors as provided by this chapter, authorize...
- § 48-1615 Issuance Of Additional Bonds; Priority Of Liens
A. When the money provided by the previous issue of bonds has become exhausted by expenditures authorized by this chapter and it is necessary...
- § 48-1616 Action To Determine Validity Of Bonds
A. The board of directors, or any elector, taxpayer or real property owner within the district, or any person otherwise having an interest therein,...
- § 48-1617 Sale Of Bonds; Notice
A. The board may sell the bonds from time to time in such quantities as are necessary and most advantageous to raise money for...
- § 48-1618 Payment Of Bonds; Release Of Lands From Bond Debt; Exception
A. The bonds and interest thereon shall be paid by revenue derived from an annual assessment and levy of taxes upon the real property...
- § 48-1619 District Bonds As Legal Investment For Certain Funds
Bonds issued in compliance with this article shall be legal investments for all trust funds, funds of insurance companies, banks, banking institutions and trust...
Chapter 12 ELECTRICAL DISTRICTS
Article 1 Formation, Consolidation and Enlargement of Districts
- § 48-1701 Powers And Duties Of District
A. Districts created under this chapter shall be bodies corporate for the purposes specified in this chapter and such as reasonably may be implied....
- § 48-1702 Petition For Organization
A. Petition for the formation of an electrical district for the purpose of providing power for use primarily for pumping water for irrigation shall...
- § 48-1703 Security For Costs Upon Filing Petition
The petitioners shall give such security or make such deposit as the board of supervisors requires conditioned upon payment of all costs if for...
- § 48-1704 Notice Of Hearing On Petition; Publication; Continuance Of Hearing
A. The board of supervisors with which the petition is filed, at the next regular or special meeting thereafter or at a special meeting...
- § 48-1705 Determination Whether District Constitutes Public Use; Call For Organizational Election
A. At the hearing on the petition called by the board of supervisors, it shall first proceed to determine whether the operations as proposed...
- § 48-1706 Application For Inclusion Of Additional Lands Prior To Organization Of District; Condition Precedent To Application
A. All persons who have not been included in the proposed district may appear before the board of supervisors as parties interested in and...
- § 48-1707 Objections To Inclusion In Proposed District
A. If the board decides to call an election, it shall proceed to hear all objections which have been made by owners or others...
- § 48-1708 Order Of Board Defining Boundaries Of District; Name Of District; Appointment Of Election Commissioners
A. When notice of the election has been given and the hearing held and concluded, the board of supervisors shall make its decision and...
- § 48-1709 Appeal From Order Of Board
A. Any person aggrieved by the decision of the board of supervisors may appeal from the decision or any part thereof to the superior...
- § 48-1710 Service Of Notice Of Appeal; Record On Appeal
A. If an appeal is taken as provided by section 48-1709 by petitioners or interested freeholders from a refusal of the board of supervisors...
- § 48-1711 Trial Of Appeal; Bond; Effect Upon Organization Proceedings
A. The appeal shall be heard de novo by the superior court. An appeal may be taken to the supreme court from the judgment...
- § 48-1712 Nomination Of Candidates To Board Of Directors; Notice Of Election
A. The board of election commissioners shall nominate nine persons, all of whom shall be resident freeholders of the district and qualified voters, as...
- § 48-1713 Qualifications Of Electors; Acreage Voting; Definition
A. Persons qualified to vote at an election held under this chapter, except as otherwise specially provided, shall be either: 1. The property taxpayers...
- § 48-1714 Form Of Ballots
A. The official ballot to be used at the organization election shall, as far as practicable, correspond to the official ballots as provided by...
- § 48-1715 Returns; Canvass By Election Commissioners
A. The board of election commissioners shall appoint members of the election board and shall provide the board with official ballots and supplies, but...
- § 48-1716 Examination Of Returns By Board Of Supervisors; Resolution Of Organization; Recording
At its first regular meeting or at a special meeting thereafter, the board of supervisors shall examine the returns of the board of election...
- § 48-1717 Terms Of Initially Elected Directors
The board of directors of the district shall consist of seven members who shall be elected at the organizational election. The board of election...
- § 48-1718 Recording Map Of District
Within six months after organization of the district, the board of directors shall prepare a map of the district and record it in the...
- § 48-1719 Consolidation Of Districts; Election; Adjustment Of Finances
A. When two or more districts desire to consolidate, the boards of directors of the districts shall call elections, or at a general election,...
- § 48-1720 Division Of District; Assignment Of Directors
A. At any time the board of directors may divide a district into divisions not more in number than the number of members of...
- § 48-1721 Inclusion Of Additional Lands After Organization
A. When a petition is presented to the board of directors of a district for the inclusion within such district of lands located outside...
- § 48-1722 Exclusion Of Lands Or Subdivision From District By Petition; Payment Of Expenses Of Publication Of Notice And Of Hearing
A. The owners of lands may file with the board of directors of a district a petition for the purpose of excluding from the...
- § 48-1723 Notice Of Hearing On Petition For Exclusion Of Lands; Hearing
A. Upon the filing of the petition and payment of estimated expenses as provided by section 48-1722, the secretary of the board shall cause...
- § 48-1724 Entry And Filing Of Order Excluding Lands Or Subdivision Upon Petition
A. Upon the hearings, if the board of directors deems that the lands sought to be excluded cannot be beneficially served by the district,...
- § 48-1725 Guardians, Conservators, Personal Representatives Or Administrators As Petitioners
A guardian, conservator, personal representative or administrator of an estate who has qualified under the laws of this state and as such is entitled...
- § 48-1726 Appeal From Final Action Of Board On Exclusion Of Lands; Entry Of Final Order Of Board
A. Any person aggrieved by the final action of the board on a resolution of exclusion may file a written motion for reconsideration within...
- § 48-1727 Effect Of Exclusion Of Lands On District Property And Organization; Powers Of Board
A. Upon exclusion of any lands, the board of directors may make such rearrangement or reapportionment of divisions within the district as the board...
- § 48-1728 Limitation On Subsequent Formation Of New District
A. The board of supervisors of a county in which any portion of a proposed district is located shall not permit the organization of...
Article 2 Administration
- § 48-1741 Terms Of Directors; Vacancies
Directors elected to succeed the directors initially elected at the organizational election shall be elected for a term of three years. Directors shall hold...
- § 48-1742 Annual Election Of Directors; Notice; Qualifications Of Directors; Voting Place; Expenses
A. The annual election of directors shall be held on the second Saturday in January of each year. B. Ten days' notice of the...
- § 48-1743 Increase Or Reduction In Number Of Members On Board; Election
A. The board of directors may on its own initiative, or shall, if so requested by a petition signed by a number of qualified...
- § 48-1744 Organization Of Board; Officers; District Office
A. The board of directors of the district shall organize each year by electing from among its membership a chairman, a vice-chairman and a...
- § 48-1745 Bonds And Oath Of Directors
A. Each member of the board of directors shall execute to the district a bond conditioned upon the faithful performance of his duties, and...
- § 48-1746 Compensation Of Directors
The compensation of members of the board of directors shall be determined by the board, but shall not exceed thirty dollars for each day...
- § 48-1747 Administrative Powers Of Board
A. The board of directors shall manage and control the entire business of the district as expressed or implied by this chapter in the...
- § 48-1748 Acquisition Of Tangible And Intangible Property; Users In District Dealing Directly With Suppliers
A. The board of directors may acquire for the benefit of the district personal and real property, rights of way, within or without the...
- § 48-1749 Right To Use Public Ways; Nature Of Use
A. Any district organized under this chapter shall have the use of and the right is expressly granted to it to use public highways,...
- § 48-1750 Providing Power For Domestic Use
Nothing in this chapter shall be construed as prohibiting a district organized under this chapter from furnishing power for farm or domestic purposes within...
- § 48-1751 Restrictions On Extension Of Power Outside District; Contracts With Public Bodies
A. Power for pumping for irrigation service shall not be extended outside the district unless there is a surplus of power over and above...
- § 48-1752 Federal Reclamation Act Adopted; Adoption By Districts Optional
A. Districts organized under this chapter shall have all the rights and privileges granted to them by the act of Congress entitled " An...
- § 48-1753 Exemption From Antitrust Statutes
The provisions of title 44, chapter 10, article 1, shall not apply to any conduct or activity of an electrical district organized pursuant to...
- § 48-1754 Supervisory Powers Of The Director Of Water Resources Over District Projects
A. All engineering determinations and supervision provided for and directed by any law relating to electrical districts shall be made under the direction of...
Article 3 Financial Provisions
- § 48-1771 Expenses Of Organizing District; Issuance Of Time Warrants
A. All preliminary expenses incurred in the organization of the district, including necessary engineering and legal services, and all necessary and reasonable services rendered...
- § 48-1772 Administration And General Expenses Defined; Separate Assessment And Levy Of Taxes For Each Division Of Expense
A. For purposes of this article, " administration expenses" includes: 1. The per diem allowance and expenses of the board of directors. 2. The...
- § 48-1773 Annual Estimate Of Expenses Of District; Certificate Of Expense
A. On or before June 1 each year, the board of directors shall determine the amount of money necessary to conduct the business of...
- § 48-1774 Service Charges; Amount; Limitation
A. Beginning with the third year after issuance of any bonds, the board of directors shall begin to levy a service charge over and...
- § 48-1775 Taxes Levied Under Federal Law; Apportionment; Effect On Inchoate Titles
A. When and if the act of Congress of August 11, 1916 becomes operative in a district, the board of directors in making the...
- § 48-1776 Collection Of Taxes; Delinquent Taxes
A. A district shall have the same right as an individual to become a purchaser at any tax sale, foreclosure or other sale of...
- § 48-1777 Limitation On District Indebtedness
Nothing in this chapter shall be construed as making districts organized under this chapter municipal corporations within the meaning of article 13 of the...
- § 48-1778 Authority Of Directors To Invest Monies; Approved Investments
The board of directors may, in the best interests of the district, invest and reinvest monies of the district in any of the following:...
- § 48-1779 Reimbursement For County Services
Services provided by a county to an electrical district are subject to reimbursement pursuant to section 11-251.06.
Article 4 District Bonds and Refunding Bonds
Article 5 Revenue Bonds
- § 48-1811 Financial Powers Of District; Limitation; Definition
A. A district may finance any acquisition or expenditure authorized by this chapter with revenue bonds. A district may not finance with revenue bonds...
- § 48-1812 Revenue Bonds
A. The district may borrow money and issue its revenue bonds for any lawful district purpose. The board of directors shall determine the maximum...
- § 48-1813 Terms, Conditions And Forms Of Bonds
A. A bond may be issued in one or more series, bear a date or dates, mature at a time or times, be in...
- § 48-1814 Resolution And Trust Agreements; Adoption
The board may provide that any series of bonds may be secured by a trust agreement by and between the district and one or...
- § 48-1815 Bond Agreements; Covenants
A. Any resolution, contract, indenture or trust agreement pertaining to the bonds may contain covenants and contractual arrangements as to the following: 1. The...
- § 48-1816 Sale Of Bonds
A bond shall be sold at a public or private sale as determined by the board of directors.
- § 48-1817 Refunding Bonds
Refunding bonds may be issued to refund any outstanding bonds issued pursuant to this article. These bonds shall be designated as refunding bonds and...
- § 48-1818 Purchase Of Bonds By The District
The district may purchase any of its bonds authorized to be issued in this article out of any monies available for that purpose.
- § 48-1819 Validity Of Bonds; Nonliability Of Officers And Directors
A. A bond that is issued and that bears the signature of officers in office on the date the bond is signed is a...
- § 48-1820 Bonds As Legal Investments
Notwithstanding any law to the contrary, all bonds and refunding bonds constitute legal investments for savings banks, banks, savings and loan associations, trust companies,...
- § 48-1821 Federal Income Tax Considerations
The district may make any covenant, order any rebate, file any tax return, report any information and order the limitation on the yield of...
- § 48-1822 Application Of Bond Proceeds
The district may apply the proceeds from the sale of any of its bonds to further any of its lawful purposes including to pay...
Chapter 13 HOSPITAL DISTRICTS
Article 1 General Provisions
- § 48-1901 Definitions
In this article, unless the context otherwise requires: 1. " Federal act" means the hospital survey and construction act, Public Law 725 of the...
- § 48-1902 Publication Of Notices
A. When a notice is required by this article to be published in a newspaper, such notice shall be published in a newspaper of...
- § 48-1903 Establishment Of A Hospital District; Approval
In addition to the requirements for the establishment of a hospital district as set forth in section 48-261, no petition for the formation of...
- § 48-1907 Powers Of Hospital District
A. A hospital district may: 1. Adopt and use a corporate seal. 2. Sue and be sued in all courts and places and in...
- § 48-1908 Board Of Directors; Members; Qualifications; Terms; Organization
A. The board of directors of the district shall be composed of five citizens who are resident real property owners within the district, none...
- § 48-1909 Compensation Of Directors
Members of the board of directors shall serve without compensation, but each shall be allowed necessary travel and incidental expenses actually incurred in the...
- § 48-1910 Powers Of Board Of Directors; Transaction Privilege Tax; Election
A. The board of directors may purchase surgical instruments, hospital equipment, ambulance equipment and other property and supplies necessary for equipping a hospital, urgent...
- § 48-1911 Leases Of Hospital Or Urgent Care Center And Equipment; Provisions; Cancellation For Failure To Pay Rent; Re-Lease; Auction; Notice
A. A lease of the hospital or urgent care center and its equipment, as required under section 48-1910 for districts with bonded indebtedness, executed...
- § 48-1912 Bonds
A. Bonds may be issued by the hospital district for the purpose of carrying out any of the provisions of this article. If the...
- § 48-1913 Limit Of Bonded Indebtedness
No hospital district shall incur a bonded indebtedness exceeding ten per cent of the assessed value of all taxable property in the district as...
- § 48-1914 Budget
A. Annually, not later than July 15, the board of directors shall furnish to the board of supervisors of the county in which the...
- § 48-1915 Deposit And Payment Of District Funds; Investment And Reinvestment Of Sinking Fund
A. Monies received for a hospital district from any source shall be deposited with the county treasurer of the organizing county to the credit...
- § 48-1916 Disposition And Use Of Rental From Hospital Or Urgent Care Center Or Medical Clinic And Equipment
Rentals received from the lease of the hospital or urgent care center and its equipment shall be applied first against expenses of the district...
- § 48-1917 Capital Outlays
A. The board of directors may establish a fund for capital outlays. After a capital outlay fund is created, the board of directors may...
- § 48-1918 Dissolution Of District
A district organized under this article may be dissolved by the majority vote of all real property taxpaying electors voting on the question of...
- § 48-1919 Reimbursement For County Services
Services provided by a county to a hospital district are subject to reimbursement pursuant to section 11-251.06.
Chapter 14 SANITARY DISTRICTS
Article 1 In General
- § 48-2001 Establishment Of Sanitary District; Territory; Purposes; Change Of Name
A. Notwithstanding the provisions of section 48-261 or 48-262, a sanitary district shall not include territory located within an incorporated city or town at...
- § 48-2001.01 Merger Of Sanitary Districts; Hearing; Election; Joint Meeting; Resolution
A. For any two or more sanitary districts that are proposed to merge, the county board of supervisors shall hold a hearing on the...
- § 48-2002 Annexation Of Noncontiguous Property
A. If the statement described in section 48-262, subsection A requests the annexation of property located within an incorporated city or town but not...
- § 48-2003 Annexation Of All The Territory Within A City Or Town
A. Notwithstanding section 48-2002, if a city or town desires to have annexed all the territory located within such city or town, or if...
- § 48-2010 Board Of Directors; Qualifications; Term; Appointment; Election; Conversion; Reorganization; Compensation; Expenses
A. A sanitary district having an area of one hundred sixty acres or more shall be governed by a board of directors with not...
- § 48-2011 Powers Of Sanitary District
In addition to the powers specifically granted, a sanitary district, acting through its board of directors, may: 1. Construct, maintain and operate within or...
- § 48-2011.01 Wastewater Treatment Facility And Nonpoint Source Projects; Financial Assistance Loan Repayment Agreements; Definition
A. Notwithstanding any other law, a sanitary district may construct or improve a wastewater treatment facility or nonpoint source project with monies borrowed from...
- § 48-2011.02 Wastewater Treatment Facility Revenues; Use
A. Notwithstanding any other provision of this chapter, the board of directors of a sanitary district may obligate by resolution or by contract the...
- § 48-2011.03 Issuance Of Bonds; Notice; Hearing
Notwithstanding any other law, a sanitary district may issue bonds that refinance existing debt and that mature over a period of forty-one years only...
- § 48-2012 Rights Of Way
A right of way in or across public property, highways or streets within a sanitary district is granted to the district whenever found by...
- § 48-2013 Compulsory Connection; Financial Assistance
A. The board of directors of a sanitary district may declare further maintenance or use of a cesspool, septic tank or other local means...
- § 48-2014 Lateral And Collecting Lines
A. The construction of main lines of the sewerage system of a sanitary district shall be paid for from the proceeds of the sale...
- § 48-2015 Sanitation Survey, Plan And Report
A. When a sanitary district is established, or at any time before issuing and selling bonds under this article, the board of directors shall...
- § 48-2016 Sanitation Survey Report; Hearings; Approval
A. When the survey or plan and report prepared under section 48-2015 are filed, the board of directors may reject the report and direct...
- § 48-2017 Election To Determine Whether Sewer Service To Be Supplied Other Than By Construction Of Facilities By District
If the engineer's report required by this article recommends that sewer service or garbage disposal and treatment service for the sanitary district can be...
- § 48-2018 Performance Of Work; Methods; Calls For Bids; Modification Of Specifications
A. The board of directors shall employ qualified water or sanitation engineers necessary to superintend the performance of work specified in the approved report...
- § 48-2019 Elections
Elections held pursuant to this article, except as otherwise specified, shall be conducted in the manner prescribed by title 16.
- § 48-2020 Bond Election; Subsequent Bond Election
A. After approval of the survey or plan and report prepared under section 48-2015 the board of directors of the district shall submit to...
- § 48-2021 Issuance Of Bonds; Subsequent Bond Issues
A. If a majority of the votes cast at a bond election favors the bonded indebtedness proposed, bonds of the district for the amount...
- § 48-2022 Sale Of Bonds; Disposition Of Proceeds
A. The board of directors of a sanitary district shall sell bonds issued pursuant to section 48-2021, subsections A, B, C and D at...
- § 48-2023 Lien Of Bonds
Bonds issued pursuant to this article are a lien on the property of the district issuing them, and the lien of the bonds of...
- § 48-2024 Tax Exemption Of Bonds
Bonds issued pursuant to this article are not taxable by the state or by any county, city, town or other subdivision of the state.
- § 48-2025 Tax Levy To Pay Principal And Interest Of Bonds
A. The principal of and interest on bonds issued pursuant to this article shall be paid from revenue derived from an annual tax on...
- § 48-2026 Tax Levy For Current Expenses
A. The board of directors of a sanitary district may at the time of certifying the amount required for payment of principal of and...
- § 48-2027 Fees, Rentals And Service Charges; Reserve Fund; Investments; Lien
A. The board of directors of a sanitary district may charge and collect fees, including the fees listed in subsection G of this section,...
- § 48-2028 Dissolution Of Sanitary District
A. A sanitary district organized under this article, which has no bonded indebtedness and when all legal indebtedness of the district has been discharged,...
- § 48-2029 Alternate Methods Of Dissolution Of Sanitary District
A. A sanitary district organized under this article, the territory of which is wholly or partially included within the corporate limits of a city...
- § 48-2030 Unauthorized Use Of Sewer Lines As Public Nuisance; Abatement
The discharge of sewage and waste materials into sewer lines of the district or into sewer lines outside the limits of an incorporated city...
- § 48-2031 Failure To Obtain Required Connection Permit; Violation Of Rule; Classification
A person who, without obtaining a permit for connection as required under section 48-2011, paragraphs 10 and 11, makes such a connection or who...
- § 48-2032 Reimbursement For County Services
Services provided by a county to a sanitary district are subject to reimbursement pursuant to section 11-251.06.
- § 48-2033 Standards For Adoption Of Moratorium; Extensions; Limitations; Definitions
A. A sanitary district shall provide continuous service and shall not adopt a moratorium on construction or land development unless the board of directors...
Article 2 Collector Sewer Construction
- § 48-2041 Definitions
In this article, unless the context otherwise requires: 1. " Assessment" or " assessment roll" means a special assessment made under this article. 2....
- § 48-2042 Authorization
In addition to the powers granted to the board as provided in article 1 of this chapter, the board may exercise the powers set...
- § 48-2043 Purposes For Which Public Improvements May Be Undertaken; Powers Incidental To Public Improvements
A. If the public interest or convenience requires, the board may order the acquisition, construction, operation or maintenance of sewers, ditches, drains, conduits, septic...
- § 48-2044 Resolution Of Intention To Order Improvement
A. Before ordering an improvement authorized by this article, the board shall pass a resolution of intention to do so, briefly describing the improvement...
- § 48-2045 Plans; Limitation On Assessment
Before passing the resolution of intention, preliminary plans that show the location and the type and character of the proposed improvement and the expenses...
- § 48-2046 Publication Of Resolution Of Intention; Posting Notice Of Resolution; Mailing Notice
A. The resolution of intention shall be published five times in consecutive issues of a daily newspaper or two times in a weekly or...
- § 48-2047 Protest Against Proposed Improvement; Protest As Bar To Improvement Proceedings; Objection To Extent Of Assessment District; Special Action
A. The owners of a majority of the property fronting on the proposed improvement or, if the cost of the improvement is chargeable on...
- § 48-2048 Qualifications And Procedure For Making And Hearing Protests And Objections
A. In determining protests and objections, the board shall be guided by the following rules: 1. Each paper containing signatures shall have attached the...
- § 48-2049 Resolution Ordering Improvement; Notice; Bids
A. The board may order, by resolution, the proposed improvements described in the resolution of intention if: 1. No protests against the work or...
- § 48-2050 Assessment Of Public Property
A. If a lot belonging to the United States, this state, a county, city, school district or any other political subdivision or institution of...
- § 48-2051 Payment Of Costs By Sanitary District
A. The board may order in the resolution of intention that all or part of the cost of any work shall be paid from...
- § 48-2052 Bids; Bond; Award Of Contract; Entering Into Contract; Liability On Bond
A. Bids shall be submitted accompanied by a bond payable to the sanitary district for an amount not less than ten per cent of...
- § 48-2053 Option Of Sanitary District To Reject Bids; Sanitary District As Contractor; Limitation Of Assessment
The board may, within ten days after the time fixed for opening bids, by resolution adopted by a vote of two-thirds of its members,...
- § 48-2054 Form And Execution Of Contract; Supervision Of Performance; Delivery Of Assessment
A. The district shall make all written contracts and receive all bonds authorized by this article. The contracts shall specify a reasonable time for...
- § 48-2055 Bonds Required From Contractor
Before executing the contract the contractor shall file with the district such bond or bonds as required under title 34, chapter 2, article 2.
- § 48-2056 Costs
A. Before the contract is entered into the bidder to whom the award was made shall advance to the district, for payment by the...
- § 48-2057 Diagrams Of Property Affected; Estimate Of Benefits; Assessment; Warrant
A. The engineer shall make duplicate diagrams of the property fronting on the proposed improvement or in the assessment district if the expenses of...
- § 48-2058 Delivery Of Warrant And Assessment To Contractor; Demand For Payment; Release Of Assessments; Review Of Assessment
A. After the warrant and assessment are recorded, they shall be delivered to the contractor, or to the sanitary district if it charges itself...
- § 48-2059 Action Against Property Owner To Collect Assessment
A. If the district chooses not to issue bonds, or fails to issue bonds on completion of the work, at any time after thirty-five...
- § 48-2060 Invalidity Of Liens Or Bonds; Extent Of Validity; Means To Secure Interest Of Persons Damaged
A. If the lien of an assessment or reassessment or of a bond issued to represent the amount assessed on any lot is held...
- § 48-2061 Proportionate Assessment; Collection Or Issuance Of Bonds
The board may, on completion of any portion of the improvement for which the contract price equals twenty thousand dollars or more, order an...
- § 48-2062 Correctness Of Assessment; Reallocation Of Assessment
A. After an assessment has been approved by the board, the contractor and all persons having an interest in any lot assessed may request...
- § 48-2063 Issuance Of Improvement Bonds; Fund For Payment Of Bonds
A. The board may determine that improvement bonds shall be issued for the cost and expense of the improvement. The bonds shall be issued...
- § 48-2064 Description Of Improvement Bonds In Resolution And Notices
A. If the board decides to issue improvement bonds, it shall so declare in the resolution of intention for the work and shall specify...
- § 48-2065 List Of Unpaid Assessments; Issuance Of Bonds; Denominations; Due Date
A. After the prescribed time from the date of the warrant has expired and after the sanitary district has recorded the return, the board...
- § 48-2066 Form Of Bonds
A. The bonds shall be signed by the chairman of the board, attested by the secretary and sealed with the corporate seal of the...
- § 48-2067 Certification Of Unpaid Assessments; Payments By Installment; Interest; Payments In Advance
A. The board, at the time it certifies the list of unpaid assessments, shall write the word " certified" on the record of the...
- § 48-2068 Collection Of Assessment Installments; Notice; Delinquent Installments
A. All assessments not certified remain collectible by the contractor or district pursuant to this article. The district shall promptly collect all installments of...
- § 48-2069 List Of Delinquent Installments; Publication Of Notice; Sale Of Delinquent Property
A. The board, within twenty days from the date of the delinquency, shall begin the publication of the list of the assessments on which...
- § 48-2070 Payment After Delinquency And Before Sale
At any time before the sale of any lot assessed, any person may pay the delinquent installment on the lot together with the penalty...
- § 48-2071 Sale Procedure; Disposition Of Property By Sanitary District
A. On the day fixed for sale, the agent designated by the board shall, at 10:00 a.m., or at any time thereafter to which...
- § 48-2072 Certificate Of Sale; Lien
A. After making the sale, the agent designated by the board shall execute, in duplicate, a certificate of sale stating the description of the...
- § 48-2073 Redemption
A. A party having an interest in the lot may redeem the property at any time before the execution and delivery of a deed...
- § 48-2074 Deed To Purchaser; Notice To Owner; Redemption After Notice; Effect Of Deed
A. After the expiration of twelve months from the date of sale, the board shall cause to be executed to the purchaser or his...
- § 48-2075 Disposition Of Sale Proceeds
The agent designated by the board shall promptly pay to the treasurer all monies collected by him from sales. The treasurer, on receipt of...
- § 48-2076 Resolution For Collection Of Assessments By Taxation
A. The board may by resolution passed before or after issuance of the bonds provide that the assessments for the payment of the bonds...
- § 48-2077 Procedure If Assessment Declared Void
A. If the assessment on a lot levied for an improvement under this article, or part of an improvement, or the entire assessment, is...
- § 48-2078 Failure To Hold Or Adjourn Scheduled Hearing; Provision For Subsequent Hearing
If the time and place for a hearing are fixed by the board under this article, and for any reason the hearing is not...
- § 48-2079 Proof Of Publication And Posting
Unless otherwise provided, proof of publication or of posting resolutions or notices shall be made by the affidavit of the person required to make...
- § 48-2080 Public Records; Duties Of Engineer
A. The district shall keep the records required by this article at the district office. The records shall be open to inspection during office...
- § 48-2081 Bond Anticipation Notes; Form; Procedures Applicable
A. If the board determines and states in the resolution of intention that improvement bonds shall be issued, bond anticipation notes may be sold...
- § 48-2082 Revolving Fund; Lapsing Provisions; Separate Fund
A. The board may establish a revolving fund to aid the construction of public improvements under this chapter. The board may provide for transfers...
- § 48-2083 Deficiency In Collections
If there is a deficiency in the revenues collected from the special assessments by reason of the inadequacy of the method of collection adopted...
- § 48-2084 Improvement Districts For Enhanced Sanitation Services
A. In addition to the purposes for which an improvement district may be formed under section 48-2043, an improvement district may be formed within...
- § 48-2085 Reallocation Of Assessments In The Event Of Land Exchange For Public Property
If a parcel of property that is subject to assessment and a lien under section 48-2057, subsection H is exchanged to this state or...
Chapter 15 PEST ABATEMENT DISTRICTS
Article 1 General Provisions
Chapter 16 HEALTH SERVICE DISTRICTS
Article 1 General Provisions
- § 48-2202 Establishment Of Health Service District; Purpose; Limitations; Definition
A. Health service districts may be established only: 1. For the purpose of purchasing, leasing, lease-purchasing, constructing, establishing, equipping, operating or maintaining an ambulance...
- § 48-2203 Formation Of District; District Impact Statement; Petition; Hearing; Notice; Definition
A. Any person proposing to create a district shall prepare a district impact statement and submit the statement, with the petition prescribed in subsection...
- § 48-2204 Bond Of Petitioners
At the time of filing a petition for the establishment of a health service district, or at any time thereafter but before publication of...
- § 48-2205 Hearing On Petition
A. At the hearing all interested property owners and electors may appear and be heard on any matter relating to the establishment of the...
- § 48-2206 Election To Determine Organization Of District; Notice Of Election; Qualifications Of Voters
A. Notwithstanding the provisions in sections 16-225 and 16-226, the board of supervisors may order formation of a health service district, the board shall...
- § 48-2207 Declaration Of Election Result And Recording Order
A. The board of supervisors shall canvass the votes cast at the election at its next succeeding regular or special meeting. If it appears...
- § 48-2207.01 Territory Of Health Service District; Additions And Deletions; Notice And Hearing
A. If it appears at the hearing for establishment of a health service district that territory not included in the petition should be included...
- § 48-2208 Board Of Directors; Selection; Qualifications; Terms; Compensation; Expenses; Restrictions
A. A health service district shall be governed by a board of directors of at least three members. B. At the election to determine...
- § 48-2209 Powers Of Health Service District
A. In addition to the powers specifically granted, a health service district may, acting through its board of directors: 1. Sue and be sued...
- § 48-2210 Health Services Survey And Report; Review By Department
A. When a health services district is established, the board of directors shall conduct or cause to be conducted a survey of the ambulance...
- § 48-2211 Health Services Survey Report; Hearings; Approval
A. When the health services survey report is filed, the board of directors may reject such report and direct that a new report be...
- § 48-2212 Construction Of Facilities; Provision Of Services; Methods; Contracting For Services
A. The board of directors shall superintend the construction of medical facilities and the delivery of ambulatory medical services and ambulance service, if any,...
- § 48-2213 Elections; Qualifications Of Voters; Affidavit; Challenges
A. Elections held pursuant to this article, except as otherwise specified, shall be conducted as nearly as practicable in accordance with the general election...
- § 48-2214 Bond Election; Subsequent Bond Election
A. After approval of the health service survey report the board of directors of the district shall submit to the qualified electors of the...
- § 48-2215 Issuance Of Bonds; Subsequent Bond Issues
A. If a majority of the votes cast at a bond election favors the bonded indebtedness proposed, bonds of the district for the amount...
- § 48-2216 Sale Of Bonds; Disposition Of Proceeds
A. The board of directors of a health service district shall sell bonds issued pursuant to section 48-2215, subsections A through C at not...
- § 48-2217 Limit Of Bonded Indebtedness
No health service district shall incur a bonded indebtedness exceeding five per cent of the assessed value of all taxable property in the district...
- § 48-2218 Tax Exemption Of Bonds
Bonds issued pursuant to this article are not taxable by the state or by any county, city, town or other political subdivision of the
- § 48-2219 Bonds
Any bonds issued under this article may contain a provision requiring the establishment of a reserve or reserves in an amount equal to the...
- § 48-2220 Tax Levy To Pay Principal And Interest Of Bonds
A. The principal of and interest on bonds issued pursuant to this article shall be paid from the following, either singly or in combination:...
- § 48-2221 Rentals And Service Charges
The board of directors of a health service district may charge and collect rentals and service charges for any service performed or property furnished...
- § 48-2222 Leases Of Medical Clinic And Equipment; Provisions; Cancellation For Failure To Pay Rent; Release; Auction; Notice
A. A lease of a district-owned medical clinic and its equipment executed by the board of directors of the district, shall: 1. Extend for...
- § 48-2223 Tax Levy For Current Expenses
A. The board of directors of a health service district, at the time of certifying the amount required for payment of principal and interest...
- § 48-2224 Dissolution Of Health Service District
A. A health service district organized under this article which has no bonded indebtedness may, when all legal indebtedness of the district has been...
- § 48-2225 Jurisdiction Of The Department Of Health Services
Nothing in this article shall in any way limit or authorize the limitation of the jurisdiction of the department or the director of the...
- § 48-2226 Reimbursement For County Services
Services provided by a county to a health service district are subject to reimbursement pursuant to section 11-251.06.
- § 48-2227 Incorporated Area In The District; Withdrawal
A. The district may be established or the boundaries changed pursuant to section 48-262 to include incorporated cities or towns as well as unincorporated...
Chapter 17 AGRICULTURAL IMPROVEMENT DISTRICTS
Article 1 Formation
- § 48-2301 Definitions
In this chapter, unless the context otherwise requires: 1. " District" means an agricultural improvement district. 2. " Same general system of irrigation works"...
- § 48-2302 District As Municipal Corporation
An agricultural improvement district organized under the provisions of this chapter is a public, political, taxing subdivision of the state, and a municipal corporation...
- § 48-2303 Purposes For Which District May Be Organized
A. When five or more holders of title or evidence of title to agricultural lands which have at any time been recognized as within...
- § 48-2304 Petition For Organization; Notice; Bond
A. In order to propose the organization of an agricultural improvement district, a petition shall be presented to the board of supervisors of the...
- § 48-2305 Qualifications Of Petitioners
A. The county equalized assessment roll adopted next preceding presentation of the petition for organization of the district shall be sufficient evidence of title...
- § 48-2306 Hearing On Petition
A. At the time fixed in the notice for the hearing, the board of supervisors shall proceed to hear the petition, together with any...
- § 48-2307 Appeal From Order Of Board Of Supervisors
A. Any person interested who is a party to the record may appeal to the superior court in the county in which the petition...
- § 48-2308 Election Upon Question Of Organization; Notice
A. Upon entry of the order of the board of supervisors, it shall give notice of an election to be held in the proposed...
- § 48-2309 Qualifications Of Electors
A. No person shall be entitled to vote at any election held under the provisions of this chapter unless the person is a qualified...
- § 48-2310 Ballots; Manner Of Voting
A. The ballots at the organizational election shall contain the words, " agricultural improvement district - -yes, " and " agricultural improvement district -...
- § 48-2311 Canvass Of Votes; Declaration Of Results
The board of supervisors shall, on the first Monday succeeding the election, if then in session, or at its next succeeding regular or special...
- § 48-2312 Completion Of District Organization; Limitation On Inclusion Of Certain Lands
A. The board shall cause a copy of the order, duly certified, to be immediately filed in the office of the county recorder of...
- § 48-2313 Contest Of Election Or Organization; Appeal
A. The election or organization may be contested by any person owning property within the proposed district subject to assessment for purposes of the...
- § 48-2314 Qualification Of Initial Directors; Term Of Office
The directors elected at the organizational election shall immediately enter upon their duties as such, upon qualifying in the manner provided by section 48-2390....
- § 48-2315 Organization Of Initial Board Of Directors; Appointment Of Officers
A. The directors of a district organized under the provisions of this chapter, on the first Tuesday after their election and after they have...
Article 2 Administration
- § 48-2331 Organization Of Board; Term Of Office; Location Of District Office
A. On the third Tuesday in October following a regular district election, the directors elected at the regular October election and whose terms have...
- § 48-2332 Compensation Of Directors
The compensation of members of the board of directors shall be determined by the board, but shall not exceed sixty dollars per day for...
- § 48-2333 Meetings Of Board Of Directors; Minutes
A. The board of directors shall hold a regular meeting in its office on the first Monday in March, June, September and December, and...
- § 48-2334 Definitions; Procedures For Participation By Interested Persons In Proposed Changes In Electric Rates
A. In this section, unless the context otherwise requires: 1. " Change in the standard electric rate schedule" means an increase or decrease or...
- § 48-2335 Administrative Powers Of Board
The board may, for and in the name of the district: 1. Manage and conduct the business and affairs of the district. 2. Make...
- § 48-2336 General Powers Of Board
A. The board shall, for and in the name of the district: 1. Acquire in any lawful manner, lands, easements and other property, real...
- § 48-2337 Additional Power To Make Contracts And Agreements; Contents; Effect Of Contract On Landowners' Rights
A. The board of directors shall enter into, execute, acknowledge, deliver and perform all contracts or agreements which it finds in the best interest...
- § 48-2338 Powers Of Board Of Directors Relating To Property
A. The legal title to all property and property rights acquired under this chapter shall immediately vest in the district and shall be held...
- § 48-2339 Construction Of Works Across Private And Public Property
A. The board of directors, its agents or authorized representatives may construct any of the works necessary to carry out any provision of this...
- § 48-2340 Right Of Eminent Domain
Condemnation proceedings may be brought by the board of directors in the name of the district, and all laws of the state relating to...
- § 48-2341 Right Of Entry To Survey; Acquisition Of Property For Works
A. The board, its agents, employees and authorized representatives may enter upon any land to make surveys or locate necessary irrigation or drainage works,...
- § 48-2342 Effect Of Inclusion Of Drainage District Within Boundaries
A. When a drainage district organized under the laws of the state is included wholly or in part within the boundaries of an agricultural...
Article 3 Alternate Form of Administration
Article 4 District Elections
- § 48-2381 Election Of Directors And President; Number Of Directors; Division Of District
A. In each district organized under this chapter an election shall be held on the first Wednesday in October of the calendar year next...
- § 48-2382 Election Where Number Of Members Of Board Increased
A. If an order is made increasing the number of members of the board of directors and the date on which the order is...
- § 48-2383 Acreage System Of Voting
A. The petition for organization of the district may provide that each owner of land shall have one vote, or may provide for voting...
- § 48-2384 Designation Of Election Precincts And Voting Places; Notice Of Election; Election Officers; Polling Places
A. The board shall on or before October 1st of each year preceding the year of an election, by an order, establish a convenient...
- § 48-2384.01 Alternative Election Process
Notwithstanding any other law, as an alternative to the election process prescribed in section 48-2384, the board may choose to conduct voting in any...
- § 48-2385 Duties Of Election Officers; Time Of Election; Form Of Ballots
A. The inspector shall be chairman of the election board and may administer all oaths required during the election, and appoint judges and clerks...
- § 48-2386 Counting Votes; Election Returns; Recount
A. When the board of election has counted the votes it shall make a certificate on each of the documents containing the poll list...
- § 48-2387 Applicability Of General Election Laws
The conduct of the election, including opening the polls, voting, closing the polls, counting the ballots and making return of the election shall, except...
- § 48-2388 Canvass Of Election Returns; Declaration Of Result
A. A poll list, tally list or certificate from an election held under the provisions of this article shall not be set aside or...
- § 48-2389 Statement Of Results Of Election; Certificate Of Election
A. The secretary of the board of directors, as soon as the result is declared, shall enter in the minutes of the board a...
- § 48-2390 Qualification Of Directors; Bond; Appointment To Fill Vacancy
A. Within ten days after receiving their respective certificates of election, the president and each director shall qualify for his respective office by taking...
- § 48-2391 Affidavit Of Electors
A. Prior to voting in a district election an elector shall sign an affidavit that he has all of the qualifications of an elector,...
- § 48-2392 Tie Vote; Primary And General Election
A. If, at any election held as provided in this article, there are two or more candidates who are tied for the highest number...
Article 5 Financial Provisions
- § 48-2411 Annual Estimate Of District Expenditures
A. The board of directors shall, on or before the first meeting of the board of supervisors in July each year, furnish the board...
- § 48-2412 Proportionate Division Of Estimate If District Lies In More Than One County
If a district is located in more than one county, the total estimate as provided for in section 48-2411 shall be divided by the...
- § 48-2413 Failure Of District To Provide Estimate
If for any reason the board of directors fails to make and furnish the annual estimate of expenditures, the board of supervisors of the...
- § 48-2414 Computation Of Tax Rate; Levy
A. The board of supervisors of each county in which a district or any part thereof is located shall annually, at the time of...
- § 48-2415 Entry Of Tax On Roll; Collection
A. The tax levied by the board of supervisors shall be computed and entered on the assessment roll by the county assessor. If the...
- § 48-2416 Applicability Of State Tax Laws; Duty Of County Officers
The laws of the state prescribing the manner of levying and collecting taxes and the duties of the several county officers with respect thereto,...
- § 48-2417 Payment Of District Taxes Without Paying Other Taxes
A. When a parcel of land located in an agricultural improvement district is assessed for district taxes, the tax or any installment thereof may...
- § 48-2418 Transmittal To District Treasurer Of Monies Collected By County Treasurer
The treasurer of each county in which an agricultural improvement district is wholly or in part located shall, on or before the fifteenth day...
- § 48-2419 Apportionment Of Funds
There shall be a bond fund, a construction fund and a general fund. The treasurer of the district shall apportion all monies received into...
- § 48-2420 Payment Of Interest Coupons; Redemption Of Unmatured Bonds
A. Upon presentation of matured interest coupons to the district treasurer, he shall pay them from the bond fund. B. When the bond fund...
- § 48-2422 Payment Of Warrants; Reports Of District Treasurer
A. The district treasurer shall disburse the money received from the county treasurer only upon warrants of the board of directors signed by the...
- § 48-2423 Annual Financial Report By Board Of Directors
The board of directors shall, on the first Tuesday in March each year, make and immediately thereafter publish a verified statement of the financial...
- § 48-2424 Reimbursement For County Services
Services provided by a county to an agricultural improvement district are subject to reimbursement pursuant to section 11-251.06.
Article 6 District Bonds
Article 7 Revenue Bonds
- § 48-2461 Construction Of Article
The powers conferred by this article are in addition and supplemental to the powers conferred by any other law, it being the purpose and...
- § 48-2462 Definitions
In this article, unless the context otherwise requires: 1. " Bonds" means revenue bonds and includes notes where applicable. 2. " Undertaking" means the...
- § 48-2463 Purposes For Which Revenue Bonds May Be Issued
After the organization of an agricultural improvement district, the board of directors may cause revenue bonds to be issued for any undertaking.
- § 48-2464 Powers Of District
In the exercise of the powers granted or permitted by law, the district shall have the additional power: 1. To issue its bonds to...
- § 48-2465 Revenue Bonds
A. To undertake, carry out and accomplish any or all of the purposes and powers of the district authorized or permitted by law, the...
- § 48-2466 Forms Of Bonds
A. All bonds and coupons issued under the provisions of this article are payable in lawful money of the United States and shall be...
- § 48-2467 Adoption Of Resolution; Trust Agreement
For the purpose of this article, the board of directors of any district by affirmative vote of a majority of its members is authorized...
- § 48-2468 Covenants In Resolution Or Trust Agreement
A. Any resolution or trust agreement pertaining to the issuance of bonds under this article shall authorize the undertaking and may in addition contain...
- § 48-2469 Form Of Notes
A district may, at any time after the issuance of bonds is authorized, borrow money for the purposes for which such bonds are to...
- § 48-2470 Sale Of Bonds
A. Bonds shall be sold at public or private sale, as the board of directors may determine. B. If the board of directors determines...
- § 48-2471 Refunding Bonds
A. If a district has outstanding any bonds issued pursuant to this article or article 6 of this chapter, it may issue, by resolution...
- § 48-2472 Purchase Of Bonds By Districts
A district may purchase its bonds authorized to be issued in this article out of any funds available therefor. A district shall cancel forthwith...
- § 48-2473 Disposition Of Proceeds And Other Monies
All proceeds received from the sale of the bonds, all fees, rental or other charges received by the district from any undertaking financed by...
- § 48-2474 Validity Of Bonds; Nonliability Of Officers And Directors
A. Bonds issued under this article and bearing the signature of officers in office on the date of the signing thereof shall be valid...
- § 48-2475 Bonds; Legal Investments
Notwithstanding any provisions of any other law to the contrary, all bonds, including refunding bonds, issued pursuant to this article shall constitute legal investments...
Chapter 18 DRAINAGE AND FLOOD PROTECTION DISTRICTS
Article 1 Formation
- § 48-2601 Definition Of Same General System Of Works
In this chapter, unless the context otherwise requires, " same general system of works" means any system of drainage works, of whatever character, combination...
- § 48-2602 Organization Of District
When five or more holders of title or evidence of title to agricultural lands which are susceptible of drainage by the same general system...
- § 48-2603 Petition For Organization; Notice; Bond
A. In order to propose the organization of a drainage district, a petition shall be presented to the board of supervisors of the county...
- § 48-2604 Qualifications Of Petitioners
A. The equalized assessment roll of the county adopted next preceding presentation of the petition for organization of the drainage district shall be sufficient...
- § 48-2605 Hearing On Petition
A. At the time and place fixed for the hearing, or at the time and place to which the board of supervisors adjourns the...
- § 48-2606 Appeal From Order Of Board Of Supervisors
A. Any person interested who is a party to the record may appeal to the superior court in the county in which the petition...
- § 48-2607 District Divisions; Number Of Directors; Exception
A. When the boundaries of the proposed district are defined and established, the board of supervisors shall make an order dividing the district into...
- § 48-2608 Election Upon Question Of Organization; Notice
A. Upon entry of the order of the board of supervisors, it shall give notice of an election to be held in the proposed...
- § 48-2609 Qualifications Of Electors; Exception
A person is not entitled to vote at any election held under this chapter unless the person has all the qualifications required of electors...
- § 48-2610 Ballots; Manner Of Voting
A. The ballots to be used at the organizational election shall contain the words, " drainage district - -yes" and " drainage district -...
- § 48-2611 Canvass Of Votes; Declaration Of Results
The board of supervisors shall, on the first Monday succeeding the election, if then in session, or at its next succeeding regular or special...
- § 48-2612 Completion Of District Organization; Organization Of Another District Including Lands Of District
A. The board shall cause a copy of the order, duly certified, to be immediately filed in the office of the county recorder of...
- § 48-2613 Contest Of Election Or Organization; Appeal
A. The election or organization may be contested by any person owning property within the proposed district subject to assessment for purposes of the...
- § 48-2614 Qualification Of Initial Directors; Term Of Office
The directors elected at the organizational election shall immediately enter upon their duties as such, upon qualifying in the manner provided in this chapter....
- § 48-2615 Organization Of Initial Board Of Directors; Secretary
A. The directors of a district organized under the provisions of this chapter, on the first Tuesday after their election and after they have...
Article 2 Change of Boundaries and Dissolution
- § 48-2631 Change Of Boundaries Of Divisions
The board of directors, when it deems it advisable for the best interest of the district and convenience of the electors thereof, may at...
- § 48-2632 Change Of Boundaries Of District; Effect
A. The boundaries of a drainage district may be changed in the manner prescribed by this article, but such change of boundaries of the...
- § 48-2633 Petition For Change Of Boundaries; Costs
A. The holder or holders of title or evidence of title representing one half or more of any body of lands adjacent and contiguous...
- § 48-2634 Personal Representatives As Petitioners
A guardian, executor or administrator of an estate who has been appointed under the laws of this state, and who, as such guardian, executor...
- § 48-2635 Notice Of Petition And Hearing
A. The secretary of the board of directors shall cause notice of filing of the petition to be given and published in the same...
- § 48-2636 Hearing On Petition For Inclusion Of Lands; Order Changing Boundaries When Petition Unopposed; Effect Of Failure To Protest
A. The board of directors, at the time and place set forth in the notice required by section 48-2635, or at such other time...
- § 48-2637 Order For Election Upon Opposed Petition; Notice And Conduct Of Election; Ballots
A. If any person in the district interested in the proposed change of the boundary of the district shows cause why the boundary should...
- § 48-2638 Results Of Election; Order Changing Boundaries
If at the election a majority of the votes cast is against the change of the boundaries of the district the board shall order...
- § 48-2639 Recording Order For Change Of Boundaries; Effect Of Inclusion Of Lands
A copy of the order of the board of directors ordering the change of the boundaries of the district, certified by the president and...
- § 48-2640 Entry Of Petition In Board Minutes; Effect
Upon recording the order as provided in section 48-2639, the secretary shall record in the minutes of the board the petition for inclusion of...
- § 48-2641 Dissolution Of District
A. The board of directors of the district, or any landowner whose land is included within the boundaries of the district, may file with...
Article 3 Administration
- § 48-2661 Organization Of Board Of Directors; Term; District Office
A. On the third Tuesday in October following a regular district election, the directors elected at the regular October election and whose terms have...
- § 48-2662 Compensation Of Directors
The compensation of members of the board of directors shall be determined by the board, but shall not exceed thirty dollars per day for...
- § 48-2663 Meetings Of Board Of Directors; Minutes
A. The board of directors shall hold a regular meeting in its office on the first Tuesday in March, June, September and December, and...
- § 48-2664 Powers Of Board Of Directors
A. The board shall: 1. Manage and conduct the business and affairs of the district. 2. Make and execute all necessary contracts. 3. Adopt...
- § 48-2665 Plan For Construction Of Works; Notice; Bids; Award Of Contract; Bond
A. The board of directors shall adopt a plan for the construction of the works authorized by section 48-2664. B. The board shall give...
- § 48-2666 Construction Of Works Across Public Or Private Property
A. The board of directors may construct works necessary for drainage purposes across any stream of water, water-course, street, avenue, highway, railway, canal, ditch...
- § 48-2667 Right Of Eminent Domain
Condemnation proceedings may be brought by the board of directors in the name of the district, and all laws of the state relating to...
- § 48-2668 Title To Property Held By District; Enforcement Of Property Rights By Board
A. The legal title to all property acquired by the district under the provisions of this chapter, including all water collected in, controlled or...
Article 4 District Elections
- § 48-2681 Election Of Directors; Qualification; Vacancies
A. In each district organized under this chapter an election shall be held on the first Wednesday in October of the calendar year next...
- § 48-2682 Change In Number Of Directors; Petition
The board of directors may, upon the presentation of a petition by a majority of the holders of title or evidence of title of...
- § 48-2683 Notice Of Election; Election Officers; Polling Places
A. Fifteen days before any election held under this article, the secretary of the board of directors shall cause notices to be posted in...
- § 48-2684 Duties Of Election Officers; Time Of Election; Form Of Ballots
A. The inspector shall be chairman of the election board and may administer all oaths required during the election, and appoint judges and clerks...
- § 48-2685 Counting Votes; Election Returns; Recount
A. When the board of election has counted the votes it shall make a certificate on each of the documents containing the poll list...
- § 48-2686 Applicability Of General Election Laws
The conduct of the election, including opening the polls, voting, closing the polls, counting the ballots and making the returns of the election shall,...
- § 48-2687 Canvass Of Returns; Declaration Of Result
A. A poll list, tally list or certificate from an election held under the provisions of this article shall not be set aside or...
- § 48-2688 Statement Of Results Of Election; Certificate Of Election
A. The secretary of the board of directors shall, as soon as the result is declared, enter in the minutes of the board a...
Article 5 Financial Provisions
- § 48-2701 District Treasurer
The county treasurer of the county in which the district was organized shall be the custodian of all the funds of the district. For...
- § 48-2702 Annual Estimate Of Expenditures By Board Of Directors
The board of directors shall, on or before the first meeting of the board of supervisors in July each year, furnish the board of...
- § 48-2703 Apportionment Of Annual Estimate Among Counties In Which District Is Located
If the district is located in more than one county, the total estimate as provided for in section 48-2702 shall be divided by the...
- § 48-2704 Computation Of Tax Rate; Levy
A. The board of supervisors of each county in which a district or any part thereof is located shall annually, at the time of...
- § 48-2705 Entry Of Tax On Roll; Collection Of Taxes And Assessments
The tax levied by the board of supervisors shall be computed and entered on the assessment roll by the county assessor. If the board...
- § 48-2706 Applicability Of State Tax Laws; Duties Of County Officers
The laws of the state prescribing the manner of levying and collecting taxes and the duties of the several county officers with respect thereto,...
- § 48-2707 Payment Of District Taxes Without Paying Other Taxes
A. When a parcel of land located in a drainage district is assessed for district taxes, the tax and each installment thereof may be...
- § 48-2708 Levy Of Special Assessment; Election; Collection; Disbursement
A. The board of directors, when it deems it advisable, may call an election and submit to the qualified electors of the district the...
- § 48-2709 Levy Of Assessments For Completion Of Drainage Works; Election
A. If the money raised by the sale of bonds issued pursuant to this chapter is insufficient, or if the bonds are unavailable for...
- § 48-2710 Liability Of State For Assessments Against State Lands Included Within District; Effect Of Sale To Private Owner
A. When a drainage district organized under this chapter includes within its boundaries, at the time of its organization, any lands granted or in...
- § 48-2711 Apportionment Of Funds
There shall be a bond fund, a construction fund, a general fund, and a refunding fund. The treasurer of the district shall apportion all...
- § 48-2712 Disbursements; Report By Treasurer
A. The treasurer shall pay out the money deposited with him for the credit of the districts only upon warrants of the board of...
- § 48-2713 Payment Of Claims
No claim shall be paid by the treasurer until allowed by the board, and only upon a warrant signed by the president and countersigned...
- § 48-2714 Payment Of Interest Coupons; Redemption Of Unmatured Bonds
A. Upon presentation to the treasurer of matured interest coupons, he shall pay them from the bond fund. B. When the bond fund amounts...
- § 48-2715 Disbursements From Construction Fund
The cost and expense of purchasing and acquiring property and constructing the works and improvements provided by this chapter shall be paid from the...
- § 48-2716 Annual Financial Report By Board Of Directors
The board of directors shall, on the first Tuesday in March each year, make and publish a verified statement of the financial condition of...
- § 48-2717 Exemption From Taxation Of Bonds And Certain Property Of District
The rights of way, ditches, drains, conduits, flumes, pipe-lines, dams, reservoirs, pumping-plants, water and other property of like character belonging to any drainage district,...
- § 48-2718 Limit Of Indebtedness; Exception
The board of directors shall not incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions...
- § 48-2719 Reimbursement For County Services
Services provided by a county to a drainage district are subject to reimbursement pursuant to section 11-251.06.
Article 6 Unit System of Taxation
Article 7 District Bonds
- § 48-2751 Bond Election; Results
A. For the purpose of constructing the necessary conduits, drains, sluices, water-gates, pumps, pumping plants, embankments and any and all other works and appliances...
- § 48-2752 Action To Determine Validity Of Bonds; Appeal
A. The board of directors shall, within thirty days after entry of the order directing the issuance of any bonds, commence an action in...
- § 48-2753 Action To Test Validity Of Bonds On Failure Of Board To Commence Action
A. If no action is commenced by the board of directors as provided by section 48-2752, then within not less than thirty nor more...
- § 48-2754 Extent Of Hearing; Consolidation Of Actions
A. At the hearing of the proceedings taken under section 48-2752 or 48-2753 the court shall hear and determine the sufficiency of all proceedings....
- § 48-2755 Rules Of Procedure Applicable In Contests
A. The court hearing a contest as provided by this article, in inquiring into the regularity, legality or correctness of the proceedings, shall disregard...
- § 48-2756 Terms Of Bonds; Form; Interest Rate; Record Of Sales
A. All bonds issued under this chapter shall be payable in legal currency of the United States, and except for the bonds provided for...
- § 48-2757 Sale Of Bonds; Notice
A. The board of directors may sell the bonds from time to time in such quantities as may be necessary and most advantageous to...
- § 48-2758 Lien Of Bonds; Payment Of Bonds
A. All bonds issued under the provisions of this article and article 8 of this chapter shall be a lien upon the real property...
Article 8 Refunding District Indebtedness
- § 48-2771 Authority To Refund Indebtedness
When a district has outstanding bonds, coupons or other evidences of indebtedness, the payment thereof may be provided for by the issuance of new...
- § 48-2772 Petition Requesting Issuance Of Refunding Bonds
In order to propose the refunding of such bonds, coupons or other evidences of indebtedness, a petition shall be presented to the board of...
- § 48-2773 Election To Authorize Issuance Of Refunding Bonds
A. Immediately after entering the petition on its minutes, the board shall call an election at which shall be submitted to the qualified electors...
- § 48-2774 Terms Of Refunding Bonds; Interest Rate; Form
A. The refunding bonds shall be made payable in legal currency of the United States in twenty series, as follows: 1. On January 1,...
- § 48-2775 Sale Of Refunding Bonds; Disposition Of Proceeds
A. When the refunding bonds are issued the board may sell them to the highest bidder from time to time in such quantities as...
- § 48-2776 Exchange Of Refunding Bonds For Bonds, Coupons Or Evidences Of Indebtedness; Report Of Cancellations
A. When refunding bonds issued under this article are executed, they shall be deposited with the treasurer of the county in which the district...
- § 48-2777 Minimum Rate Of Exchange
The refunding bonds may be exchanged at not less than ninety-five per cent of their par value, including accrued interest, for any of the...
- § 48-2778 Unlawful Sale Or Exchange Of Refunding Bonds
It is unlawful for the board of directors to sell or exchange any refunding bonds for less than ninety-five per cent of their par
Article 9 Destruction of Unsold Bonds or Reduction of Bonded Indebtedness
Article 10 Flood Prevention Districts
Article 11 Financing Flood Protection Facilities
- § 48-2831 Definitions
In this article, unless the context otherwise requires: 1. " Acre" means one acre of unsubdivided land. 2. " Assessment" or " assessment roll"...
- § 48-2832 Authorization
In addition to the powers granted to the board of a flood protection district as provided in article 10 of this chapter, the board...
- § 48-2833 Purposes For Which Public Improvements May Be Undertaken; Powers Incidental To Public Improvements
A. If the public interest or convenience requires, the board may order the acquisition, construction, reconstruction, replacement, renovation, repair, operation or maintenance of flood...
- § 48-2834 Petition; Resolution Of Intention To Order Improvement
A. Before the board adopts a resolution of intention that will result in an assessment against one or more lots, acres or parcels within...
- § 48-2835 Preliminary Plans
Before the board adopts the resolution of intention pursuant to section 48-2834, the engineer shall prepare preliminary plans, specifications and estimates of the cost...
- § 48-2836 Notice Of Intent To Construct And To Levy Assessment
The board shall send to each property owner whose property may be assessed a notice of the passage of the resolution of intention pursuant...
- § 48-2837 Objection To Extent Of Assessment District; Hearing; Modified Assessment District; Special Action
A. If the cost of the proposed flood protection facility is made chargeable on an assessment district, objections to the extent of the district...
- § 48-2838 Resolution Ordering Improvement; Notice; Proposals; Alternative Procurement Methods
A. The board may order by resolution the construction or acquisition of the proposed flood protection facility described in the resolution of intention if:...
- § 48-2839 Assessment Of Public Property
A. If a lot, acre or parcel belonging to the united states, an Indian tribe or community, this state, a county, city or school...
- § 48-2840 Payment Of Costs By Flood Protection District
The board may order in the resolution of intention that all or part of the cost of any work be paid from the treasury...
- § 48-2841 Proposals; Bond; Award Of Contract; Entering Into Contract; Liability On Bond
A. If the board invites proposals for construction of the flood protection facility, written and signed proposals shall be submitted accompanied by a bond...
- § 48-2842 Form And Execution Of Contract; Supervision Of Performance; Surety
A. The district shall make all written contracts and receive all bonds authorized by this article. The contracts shall specify a reasonable time for...
- § 48-2843 Bonds Required From Contractor
Before executing the contract, the contractor shall file with the district a performance bond in the form prescribed in section 34-222 and a payment...
- § 48-2844 Diagrams Of Property Affected; Estimate Of Benefits; Assessment; Warrant
A. The engineer shall make duplicate diagrams of the property in the assessment district. The diagrams shall show each separate lot, acre or parcel...
- § 48-2845 Delivery Of Warrant And Assessment To Contractor; Demand For Payment; Release Of Assessments; Review Of Assessment
A. After the warrant and assessment are recorded pursuant to section 48-2844, they shall be delivered to the person charged by the board with...
- § 48-2846 Action Against Property Owner To Collect Assessment
A. If the owner of a lot, acre or parcel of property that received an assessment files a request that no bonds be issued...
- § 48-2847 Invalidity Of Liens Or Bonds; Extent Of Validity; Means To Secure Interest Of Persons Damaged
A. If the lien of an assessment or reassessment or of a bond issued to represent the amount assessed on any lot, acre or...
- § 48-2848 Correctness Of Assessment; Reallocation Of Assessment
A. After an assessment has been approved by the board, all persons having an interest in any lot, acre or parcel assessed may request...
- § 48-2849 Issuance Of Improvement Bonds; Fund For Payment Of Bonds
A. The board may determine that improvement bonds shall be issued for the cost and expense of the flood protection facility. The bonds shall...
- § 48-2850 Description Of Improvement Bonds In Resolution And Notices
A. If the board determines that improvement bonds shall be issued, it shall state this in the resolution of intention for the work and...
- § 48-2851 List Of Unpaid Assessments; Issuance Of Bonds; Denominations; Due Date; Certificate Of Completion
A. After the prescribed time from the date of the warrant has expired and after the flood protection district has recorded the return, the...
- § 48-2852 Form Of Bonds
A. The bonds shall be signed by the chairman or president of the board, attested by the clerk or secretary and sealed with the...
- § 48-2853 Certification Of Unpaid Assessments; Payments By Installment; Interest; Payments In Advance
A. The board, at the time it certifies the list of unpaid assessments, shall write the word " certified" on the record of the...
- § 48-2854 Collection Of Assessments By Taxation
A. The installments of principal and interest on the bonds shall be collectible in the manner and by the officers provided by law for...
- § 48-2855 Procedure If Assessment Declared Void
A. If the assessment on a lot, acre or parcel levied for an improvement under this article, or part of an improvement, or the...
- § 48-2856 Failure To Hold Or Adjourn Scheduled Hearing; Subsequent Hearing
If the time and place for a hearing are fixed by the board under this article, and for any reason the hearing is not...
- § 48-2857 Proof Of Publication And Posting
Unless otherwise provided, proof of publication, posting or mailing of resolutions or notices shall be made by the affidavit of the person required to...
- § 48-2858 Public Records; Duties Of Engineer
A. The district shall keep the records required by this article at the district office. The records shall be open to inspection during office...
- § 48-2859 Bond Anticipation Notes; Form; Procedures Applicable
A. If the board determines and states in the resolution of intention that improvement bonds shall be issued, bond anticipation notes may be sold...
- § 48-2860 Deficiency In Collections
If there is a deficiency in the revenues collected from the special assessments by reason of the inadequacy of the method of collection, the...
- § 48-2861 Reallocation Of Assessments; Public Land Exchange
If a parcel of property that has been subjected to an assessment and a lien is exchanged to this state or the United States...
Chapter 19 IRRIGATION AND WATER CONSERVATION DISTRICTS
Article 1 Formation
- § 48-2901 District As Municipal Corporation
All irrigation districts organized under the laws of this state are declared to be municipal corporations for all purposes. Under the laws of this...
- § 48-2902 Taking Of Waters Without Compensation Prohibited
This chapter shall not be construed as authority to any district or district officers to divert the water of a river, creek, stream, canal...
- § 48-2903 Organization Of District
A. When a majority of the holders of title or evidence of title, including receipts or other evidence of the rights of entrymen on...
- § 48-2904 Name Of District; Change Of Name
A. The name of a district organized under this chapter shall contain the words " irrigation district" or " water conservation district, " and...
- § 48-2905 Petition For Organization; Inclusion Of Power Of Drainage
A. For the purpose of organizing an irrigation district as provided by this chapter, a petition signed by a majority of the resident owners...
- § 48-2906 Bond Required Upon Filing Petition; Payment Of Costs Of Organization
A. At the time of filing the petition a good and sufficient bond in double the amount of the probable cost of organizing the...
- § 48-2907 Time Of Hearing Petition; Notice Of Hearing
When the petition has been filed with the board of supervisors and the bond approved, the board shall fix a time for hearing the...
- § 48-2908 Proof Of Publication Of Notice Of Hearing; Veracity Of Signatures On Petition
Proof that the petition was signed by the persons whose names appear thereon and proof that notice of hearing was given by publication and...
- § 48-2909 Hearing; Determination Of District Boundaries
A. If at the time and place of hearing it appears that the petition conforms to the requirements of this article and that the...
- § 48-2910 Hearing On Vesting Proposed District With Power Of Drainage
A. If the petition requests the board of supervisors to submit to the electors of the district the question of vesting the proposed district...
- § 48-2911 Denial Of Petition Or Application
If the board denies the petition or any part thereof, or an application made for any reason, it shall in writing state in detail...
- § 48-2912 Remedy Of Persons Aggrieved By Board Order
Any person aggrieved by the action of the board of supervisors in the hearing on the petition may apply for a writ of mandamus...
- § 48-2913 Order Of Election; Contents
A. If upon the hearing the request of petitioners is granted the board of supervisors shall by further order entered upon its record call...
- § 48-2914 Nine Member Board Of Directors In Certain Districts; Adoption Of Nine Member Board After Organization
A. When a proposed irrigation district includes twenty-five thousand or more acres of land and the petition proposing the district requests that the district...
- § 48-2914.01 Additional Directors At Large In Certain Districts
A. If a district includes more than ten thousand acres of land, the district, by resolution of the board of directors, may provide for...
- § 48-2915 Election Of All Directors At Large In Certain Districts
When the acreage to be benefited by the proposed district is ten thousand acres or less, the board of supervisors shall not divide the...
- § 48-2916 Notice Of Election
The board of supervisors shall cause a notice embodying the order in substance, signed by the chairman and clerk of the board, to be...
- § 48-2917 Qualifications Of Electors; Definitions
A. No person shall be entitled to vote at any election, held under the provisions of this chapter unless: 1. He is a holder...
- § 48-2918 Ballots; Manner Of Voting
A. The ballots at an election for the formation of an irrigation district shall be supplied by the board of supervisors and shall contain...
- § 48-2919 Conduct Of Election; Return
A. The polls shall be open on the day of election from eight o'clock in the morning until six o'clock in the afternoon. After...
- § 48-2920 Early Voting
An elector who desires to vote by early ballot may vote by early ballot at an election held in the district substantially in the...
- § 48-2921 Canvass Of Votes; Declaration Of Result; Organization Of Another District Including Lands Of District
A. The board of supervisors shall meet on the second Monday next succeeding the election and canvass the votes cast. If it appears that...
- § 48-2922 Completion Of District Organization; Qualification Of Directors; Determination Of Term Of Initial Directors
A. Upon recording the order of the board of supervisors the organization of the district shall be complete, and the directors shall within fifteen...
- § 48-2923 Testing Validity Of Organization Of District By Quo Warranto
Within one year after the date of filing the order of the board of supervisors declaring the district organized, any person affected thereby may...
Article 2 Change of Boundaries and Dissolution
- § 48-2941 Petition For Inclusion Of Lands; Notice Of Hearing; Payment Of Expenses Of Publishing Notice
A. The holder or holders of title or evidence of title representing a majority of the acreage of any body of land adjacent to...
- § 48-2942 Hearing On Petition For Inclusion Of Lands; Liability Of Petitioners For Pro Rata Share Of District Indebtedness; Acceptance Or Rejection Of Petition; Order Of Inclusion
A. At the time and place mentioned in the notice, or at such time or times to which the hearing may be adjourned, the...
- § 48-2943 Completion Of Inclusion Of Lands; Terms And Conditions Of Inclusion For Certain Lands; Amendment Of Terms
A. Upon allowance of the petition wholly or in part, and if no protest is filed with the board within thirty days after entry...
- § 48-2944 Appeal From Denial Of Protest Against Inclusion; Apportionment Of New Lands Into Divisions Of District; Effect Of Inclusion Upon District Rights And Obligations
A. If a protest is filed against the inclusion of new lands or any part thereof with the board of directors and such protest...
- § 48-2945 Exclusion Of Lands From District By Petition; Payment Of Expenses Of Publication Of Notice And Of Hearing
A. The owners of lands may file with the board of directors of a district a petition for the purpose of excluding from the...
- § 48-2946 Notice Of Hearing On Petition For Exclusion Of Lands; Hearing
A. Upon the filing of the petition and payment of estimated expenses as provided by section 48-2945, the secretary of the board shall cause...
- § 48-2947 Entry And Filing Of Order Excluding Lands Upon Petition
A. Upon the hearings, if the board of directors deems it for the best interest of the district to grant the petition it may...
- § 48-2948 Personal Representatives As Petitioners
A guardian, executor or administrator of an estate who has qualified under the laws of this state and as such is entitled to possession...
- § 48-2949 Exclusion Of Unproductive Lands From District By Resolution; Notice
A. When the board of directors of an irrigation district finds that lands within the district are alkaline, slick, unsusceptible of economic leveling, water-logged,...
- § 48-2950 Hearing On Resolution For Exclusion Of Lands; Action Of Board
A. The resolution of exclusion shall fix a time for hearing the resolution at the district office. The board of directors at the time...
- § 48-2951 Appeal From Final Action Of Board On Exclusion Of Lands; Entry Of Final Order Of Board
A. Any person aggrieved by the final action of the board on a resolution of exclusion may file a written motion for reconsideration within...
- § 48-2952 Effect Of Exclusion Of Lands On District Property And Organization; Powers Of Board
A. Upon exclusion of any lands, the board of directors may make such rearrangement or reapportionment of divisions within the district as the board...
- § 48-2953 Concurrent Exclusion And Inclusion Of Land
A. When a petition is filed for the exclusion of lands from a district and the board of directors is satisfied that the lands...
- § 48-2954 Dissolution Of District; Disposition Of Assets
A. When a majority of the bona fide owners of land in an irrigation district organized under this chapter petition the board of supervisors...
Article 3 Administration
- § 48-2971 Officers; Office Of District
The officers of an irrigation district shall consist of a board of directors and a secretary appointed by the board. The treasurer of the...
- § 48-2972 Organization Of Board
The directors elected shall qualify and organize as a board, select a president from the members, and appoint a secretary.
- § 48-2973 Form Of Official Oath And Bond Of Directors
Official oaths and bonds required by this chapter shall be in the form prescribed by law for official oaths and bonds of county officials,...
- § 48-2974 Compensation Of Directors; Petition To Submit Schedule Of Salaries And Fees
A. The compensation of members of the board of directors shall be determined by the board, but shall not exceed fifty dollars for each...
- § 48-2975 Meetings Of Board Of Directors; Records
A. The board of directors shall hold a regular monthly meeting in the district office on the first Tuesday in each month and such...
- § 48-2976 Publication Of Minutes; Effective Date Of By-Laws, Rules, Regulations And Resolutions
A. The minutes of proceedings of the board of directors or an abstract thereof may be published when the board by resolution entered upon...
- § 48-2977 Administrative Powers Of Board Of Directors
The board shall: 1. Adopt a seal. 2. Manage and conduct the affairs and business of the district. 3. Make and execute all necessary...
- § 48-2978 General Powers Of Board Of Directors
In order to accomplish the purposes of the district the board may: 1. Purchase or acquire water rights. 2. Acquire or lease real estate...
- § 48-2979 Investment And Reinvestment Of Sinking Fund
A. The board of directors of an irrigation district may invest and reinvest all money belonging or credited to the district as a sinking...
- § 48-2980 Powers Of District Vested With Power Of Drainage
If the district has been vested with the necessary authority, the board of directors may: 1. Construct ditches, conduits, drains, sluices, water gates, pumps,...
- § 48-2981 Powers Of District Serving Municipal And Industrial Waters On June 12, 1980
A. If a district was providing not less than ninety per cent of its total deliveries of water for municipal and industrial uses on...
- § 48-2982 Powers Of Board In Legal Proceedings; Judicial Notice Of District; Exception
A. The board of directors may, in the name of the district, institute, maintain, prosecute and defend any proceedings and any actions, civil or...
- § 48-2983 Acquisition Of Existing Irrigation Or Drainage Works By District; Approval By State Certification Board
The board of directors may acquire by purchase or condemnation the irrigation system, canals and works through which lands in the district have been...
- § 48-2984 Contract For Purchase, Enlargement And Completion Of Existing Irrigation System; Approval Of State Certification Board
If the board proposes to purchase a system of irrigation already constructed or partially constructed, and to enlarge and complete such system so that...
- § 48-2985 Plans And Specifications For Construction; Advertisement For Bids
A. When plans and specifications for any construction, repair, alteration, extension, improvement or other district purpose, have been adopted by the board of directors...
- § 48-2986 Award Of Contract; Bond; Letting Of Work Without Advertising For Bids
A. At the time and place specified in the advertisement the board shall meet and consider the bids and shall within a reasonable time...
- § 48-2987 Supervisory Powers Of Director Of Water Resources Over District Projects
A. All engineering determinations and supervision provided for and directed by any law relating to irrigation districts shall be made under the direction of...
- § 48-2988 Entry Upon Lands For District Purposes
The directors, officers, agents and employees of the district may enter upon any land in the district for any district purpose to make surveys...
- § 48-2989 Construction Of Works Across Public Or Private Property
The board of directors may construct district works across any stream of water, water-course, street, avenue, highway, railway, canal, ditch, flume or private property...
- § 48-2990 Pro Rata Distribution Of Water Subject To Priorities; Payment Of Water Tax
A. Subject to the law of priority, all water of the district available for distribution shall be apportioned to the lands thereof pro rata...
- § 48-2991 Distribution Of Water When Supply Insufficient
If the water available in a district is insufficient at any time to supply all lands of the district susceptible of irrigation therefrom and...
- § 48-2992 Construction And Maintenance Of Levees To Control Overflow
Irrigation districts organized under this chapter may construct, maintain and keep in repair levees for the protection of lands included therein from overflow. The...
- § 48-2993 Power Of District To Hold And Use Property; Tax Exemption Of Property
A. The title to all property acquired by the district under this chapter shall immediately vest in the district in its name, and shall...
- § 48-2994 Conveyance Or Transfer To United States Of Irrigable Lands Within District Included Within Federal Reclamation Project; Election; Terms Of Transfer
A. When irrigable lands within an irrigation district have been included within any federal reclamation project, or subdivision thereof, authorized for construction under the...
- § 48-2995 Limitation On Power Of Board To Incur District Indebtedness
The board of directors or other officers of the district shall not incur any debt or liability, either by issuing bonds or otherwise, in...
- § 48-2996 Violation Or Neglect Of Duty By District Officer; Classification
An officer of a district who knowingly violates or fails to perform any duty imposed upon him by law is guilty of a class...
- § 48-2997 Eradicating Noxious Plants
A. The board may adopt rules for eradicating and controlling noxious weeds, shrubs, grasses and vines in the district. The rules shall describe the...
- § 48-2998 Alternative Plan To Eradicate Noxious Plants
A. As an alternative to proceeding under section 48-2997, the board of directors may remove and eradicate noxious weeds, shrubs, vines or grasses from...
Article 4 District Elections
Article 5 Acreage System of Voting
Article 6 State and Federal Lands Within District
Article 7 Contracts With United States
Article 8 Financial Provisions
- § 48-3111 District Treasurer
A. Except in those districts operating on a cash basis as provided in section 48-3132, the county treasurer of the county in which the...
- § 48-3112 Estimate Of Annual Financial Requirements
A. The board of directors, not later than July 1 each year, shall estimate the amount of money required to meet the obligations of...
- § 48-3113 Estimate By Board Of Supervisors Upon Failure Of District Board To Provide Estimate
A. If the board of directors neglects, fails or refuses to provide estimates and certificates for the district assessment and levy of taxes, the...
- § 48-3114 Determination Of Tax Rate; Fiscal Year
A. The board of supervisors of each county in which taxable lands of an irrigation district are situated shall add to the amount certified...
- § 48-3115 Entry Of District Taxes And Assessments Upon Assessment Roll
A. In each county in which a portion of the lands included within an irrigation district are located, appropriate columns shall be provided in...
- § 48-3116 Manner Of Assessment And Levy
All district taxes upon each acre of land in a district subject to taxation for district purposes shall be assessed and taxes levied thereon...
- § 48-3117 Acceptance Of Warrants Of District In Payment Of District Taxes
A. District warrants drawn against any fund established by the board of directors or by law for which district taxes have been levied and...
- § 48-3118 Payment Of District Taxes Without Paying Other Taxes
A. When a parcel of land is assessed for taxes for irrigation district purposes, such tax and each installment thereof for the district may...
- § 48-3119 Applicability Of State Tax Laws; Exemption Of State Lands
A. All taxes levied and assessed under this chapter shall become due and delinquent and shall become a lien on the real property assessed...
- § 48-3120 Sale Of Delinquent Lands By District Secretary Upon Failure Of Treasurer To Act
When the district treasurer fails for a period of two or more years to enforce the provisions of law relating to the sale of...
- § 48-3121 Purchase By District Of Lands Sold At Tax Sale; Resale By District
A. At a sale of taxable property in the district for delinquent taxes, the irrigation district may become the purchaser thereof and hold title...
- § 48-3122 Payment Of Bonded Indebtedness; Release Of Lands
A. Payment of the amount necessary to be made for releasing any parcel of land from the outstanding bonded indebtedness of the district may...
- § 48-3123 Issuance Of Certificate Of Release Upon Payment Of Bonded Indebtedness
Upon full payment of the indebtedness upon any parcel of land as provided by this chapter, the county treasurer shall issue a certificate reciting...
- § 48-3124 Remittance Of Collections To District Treasurer; Division Of Collections Into Funds; Disbursements
A. The county treasurer of each county containing a portion of an irrigation district, except the county treasurer of the county in which the...
- § 48-3125 Application Of Tax Monies; Exceptions As To Surplus
A. All money raised by taxation on the estimated assessment and levy for purposes authorized by this chapter shall be applied to the objects...
- § 48-3126 Payment Of Claims; Imprest Fund; Purpose
A. No claim shall be paid by the district treasurer until it has been allowed by the board. Subject to subsection B of this...
- § 48-3127 Warrant Register; Form Of Warrant
A. The district treasurer shall keep a separate district register in which he shall enter each warrant presented for payment, showing the date and...
- § 48-3128 Issuance Of Warrants Or Promissory Notes For Loans
A. The board of directors may borrow money for necessary district expenses, obligations and expenditures upon the security of and not exceeding the amount...
- § 48-3129 Monthly Financial Report By District Treasurer
On the fifteenth day of each month the district treasurer shall report to the secretary all monies collected during the preceding calendar month, the...
- § 48-3131 Failure Of Officials To Create Lien Or Collect Taxes; Remedy By Mandamus
If the board of directors of the district, a board of supervisors, or officer of a board, or a county assessor or tax officer...
- § 48-3132 Cash Basis Operation
A. The board of directors of an irrigation district may elect to operate on a cash basis or on an assessment and tax levy...
- § 48-3133 Reimbursement For County Services
Services provided by a county to an irrigation district are subject to reimbursement pursuant to section 11-251.06.
Article 9 District Assessments
- § 48-3151 Authority To Levy District Assessments; Contents Of Resolution; Terms As To Delinquencies
A. In addition to authorized taxes, the board of directors may, at a regular or special meeting, notice of which shall be given for...
- § 48-3152 Landowner Defined; Effect Of Service Of Notice On Married Person, Guardian, Administrator Or Attorney-In-fact
A. For the purposes of this article, " landowner" includes record owners, purchasers under contract and entrymen. B. Notice served upon a married person...
- § 48-3153 Limitation On Amount Of Assessment; Special Election On Assessment In Excess Of Limitation
A. No assessment equal to more than two dollars fifty cents per acre per year or in excess of an aggregate of five dollars...
- § 48-3154 Filing Copy Of Resolution; Lien Of Assessment; Payment Of Assessment
A. A copy of the resolution levying an assessment as provided by section 48-3151, signed by the president and attested by the secretary of...
- § 48-3155 Notice Of Sale Of Lands For Failure To Pay Installment Or Assessment
A. The district secretary shall, after the date of maturity of an assessment or installment thereof, on unanimous vote of the board of directors...
- § 48-3156 Sale Of Lands; Redemption
A. At the time and place fixed for the sale the district secretary shall sell the lands, or so much thereof as necessary, in...
- § 48-3157 Issuance Of Certificate Of Redemption; Issuance Of Deed Upon Failure To Redeem; Enforcement Of Right To Possession
A. When redemption is made by the landowner or his grantee, the secretary shall issue and deliver to him a certificate of redemption, and,...
- § 48-3158 Action To Recover Assessment
The district may, if it so elects, commence an action in a court of competent jurisdiction for recovery of the amount of any delinquent...
- § 48-3159 District Tax And Assessment As First Lien
The district tax and assessment liability of district lands shall at all times be a first charge against such lands, and all district taxes...
- § 48-3160 Conversion Of Defaulted Assessment Into First Mortgage Lien
When a district is, for one year or more, in default in the payment of legally existing district obligations amounting to five dollars per...
- § 48-3161 Order Of Conversion; Notice To Landowners
A. The board of directors may order such conversion by a resolution prescribing the aggregate amount of the lien per acre and the terms,...
- § 48-3162 Authority Of District Secretary To Execute Notes And Mortgages Upon Failure Of Landowner To Do So; Effect
A. If any landowner refuses to execute the note and mortgage within twenty days after the date of mailing or first publication of a...
- § 48-3163 Enforcement Of Liens Against State Or United States
Converted liens, except as otherwise provided in this article, shall be enforceable against any lands of the state or the United States in all...
- § 48-3164 Priority Of Mortgage Liens
The mortgage liens into which assessments or tax liens are converted by mortgage, as provided by this article, shall constitute negotiable mortgage liens upon...
- § 48-3165 Conversion Of District Taxes Into Mortgage Liens; Priority
The board of directors may in the manner provided by this article for the conversion of district assessments, similarly convert into mortgage liens or...
- § 48-3166 Enforcement Or Foreclosure Of Other Liens Or Demands Subject To Prior Converted Mortgage Liens; Exception; Limitation On Issuance Of District Bonds
A. All liens, charges and demands existing at the time of the conversion of district assessments into first mortgage liens, except state, county and...
- § 48-3167 Agreement By Board To Guarantee Payment Of Converted Liens
The board of directors may enter into an agreement guaranteeing payment of the principal, any installment thereof, and interest thereon of converted liens as...
- § 48-3168 Tax Lien For Payment Of Bonds As Superior To Mortgage Lien
Nothing contained in this article shall be construed to subordinate a tax lien for the payment of the principal or interest of district bonds...
- § 48-3169 Rule Making Powers Of Board
The district board of directors may adopt necessary by-laws, ordinances, resolutions, rules and regulations not in conflict with the provisions of this article for...
Article 10 District Bonds
- § 48-3181 General Plan For Proposed Works; Engineering Services
A. For the purpose of procuring necessary irrigation works, water and water rights, developing electrical energy and acquiring the necessary property in connection therewith...
- § 48-3182 Filing Of Maps And Lists By Board Of Directors Prior To Bond Issue, Construction Contract Or Assessment; Notice; Submission Of Maps And Lists To State Certification Board
Before a bond issue is voted upon, a construction contract entered into, or an assessment levied or toll or charge imposed for such major...
- § 48-3183 Hearing; Exclusion Or Inclusion Of Lands; Acceptance Of Map And List
A. Upon the hearing if it appears that any parcel of land contained in the list prescribed by section 48-3182, paragraph 2 is not...
- § 48-3184 Contents Of Resolution Of Exclusion When Water Supply Insufficient For District Lands
A. The lands omitted from the list as finally approved by the board of supervisors shall from the date of final approval cease to...
- § 48-3185 Conveyance Of Land To District Upon Adoption Of Resolution Of Exclusion; Mortgages By Owners Of Inchoate Titles; Approval By State Certification Board
A. Upon adoption of a resolution of exclusion by the board of supervisors, and if no appeal is prosecuted therefrom within thirty days as...
- § 48-3186 Sale Of Lands Under Resolution Of Exclusion; Disposition Of Proceeds; Execution Of Mortgage By Entrymen Or Lessees Of State Lands
A. The lands conveyed to the district pursuant to section 48-3185 shall be sold by the district at public sale when irrigation water is...
- § 48-3187 Refund By District Of Taxes Paid By Owner Of Excluded Lands
If any lands are excluded at the hearing by the board of supervisors on the ground that the lands may not be economically irrigated...
- § 48-3188 Examination Of Engineer's Report By State Certification Board; Authority Of Board
A. The state certification board shall, immediately upon receipt of the engineer's report filed under the provisions of section 48-3182, paragraph 4, examine the...
- § 48-3189 Resolution Adopting Plan And Calling For Issuance Of Bonds; Call For Bond Election
A. Upon receipt of the report of the state certification board the board of directors may determine and declare by resolution that its original...
- § 48-3190 Election To Authorize Issuance Of Bonds
A. Notice of election shall be given by posting notices in three public places in the district for at least twenty days prior to...
- § 48-3191 Incomplete Title Owners; Liability For Indebtedness
The board of directors shall require all owners of lands within the district for which title is incomplete at the time of issuing bonds...
- § 48-3192 Form Of Bonds; Record Of Sales
A. The board of directors may by resolution prescribe: 1. The issuance of bonds in one or more series. 2. The dates the bonds...
- § 48-3193 Authorization Of Additional Bonds; Priority Of Liens
A. When the money realized from any series of bonds becomes exhausted and it becomes necessary to raise additional money for district purposes, additional...
- § 48-3194 Limitation On Bonded Indebtedness
No bonds shall be issued by a district which will cause the total aggregate outstanding bonded indebtedness of the district and other district obligations...
- § 48-3195 Power Of Board To Enter Into Contract With United States For Construction Or Purchase Of Works
After a bond indebtedness has been authorized by the qualified electors of a district, the board of directors, instead of issuing bonds in the...
- § 48-3196 Special Election On Question Whether Bond Issue Should Be Cancelled And General Plan Abandoned; Cancellation Of Certain Unsold Bonds By Resolution
A. At any time bonds have been authorized by the qualified electors of the district, but no part thereof have been sold and delivered,...
- § 48-3197 Action To Determine Validity Of Bonds; Hearing; Judgment
A. The board of directors, or any qualified elector, taxpayer or real property owner within the district, may file an action for and on...
- § 48-3198 Sale Of Bonds; Notice; Minimum Price; Use Of Unsold Bonds
A. The board may sell bonds from time to time in such quantities as may be necessary and most advantageous to raise money for...
- § 48-3199 Application Of Article; Other Methods Of Financing; Prohibition
A. The provisions of sections 48-2985 and 48-2986 shall apply only to the use of bonds or the expenditure of monies derived from the...
- § 48-3200 Certified Bonds As Legal Investment For Savings Bank Or As Security For Public Funds
Bonds certified in accordance with the provisions of sections 48-3201 through 48-3205 shall be legal investments for funds of savings banks transacting business within...
- § 48-3201 Resolution To Make Bonds Available As Legal Investment; Filing With State Certification Board
When the board of directors of an irrigation district or water conservation district organized and existing under the laws of the state declares by...
- § 48-3202 Investigations And Findings Of State Certification Board Upon Certifying Bonds
A. The state certification board upon the receipt of a certified copy of the resolution provided by section 48-3201 shall without delay make or...
- § 48-3203 Authorization Of Expenditures From Proceeds Of Certified Bonds By State Certification Board
When the bonds of a district have been certified as provided by sections 48-3202 through 48-3204, no expenditure of any kind shall be made...
- § 48-3204 Issuance Of Certificate; Form
A. When any bond of a district, including any bond authorized but not sold, which is eligible for certification by the director of the...
- § 48-3205 Payment Of Expenses Of State Certification Board
All necessary expenses incurred in making the investigations and findings provided for by section 48-3202 shall be paid as the state certification board requires...
- § 48-3206 Payment Of Bonds And Interest
A. The bonds and the interest thereon shall be paid by revenue derived from an annual assessment and levy of taxes upon the real...
- § 48-3207 Drinking Water Facility Projects; Loan Repayment Agreements; Definitions
A. Notwithstanding any other law, an irrigation or water conservation district may construct, acquire, or improve a drinking water facility with monies borrowed from...
Article 10.1 Revenue Bonds
- § 48-3211 Construction Of Article
The powers conferred by this article are in addition and supplemental to the powers conferred by any other law. It is the purpose and...
- § 48-3212 Definitions
In this article, unless the context otherwise requires: 1. " Bonds" means revenue bonds and includes notes if applicable. 2. " Undertaking" means for...
- § 48-3213 Purpose For Which Revenue Bonds May Be Issued
After the organization of an irrigation district, the board of directors may cause revenue bonds to be issued for any undertaking.
- § 48-3214 Powers Of District
In exercising the powers granted or permitted by law, the district may: 1. Issue its bonds to finance all or part of the costs...
- § 48-3215 Revenue Bonds
A. To undertake, carry out and accomplish any of the purposes and powers of the district authorized or permitted by law, the district may...
- § 48-3216 Forms Of Bonds
A. All bonds and coupons issued under this article are payable in lawful money of the United States and shall be payable in not...
- § 48-3217 Adoption Of Resolution; Trust Agreement
For the purpose of this article, the board of directors of any district by affirmative vote of a majority of its members may adopt...
- § 48-3218 Covenants In Resolution Or Trust Agreement
A. Any resolution or trust agreement pertaining to the issuance of bonds under this article shall authorize the undertaking and may in addition contain...
- § 48-3219 Bond Anticipation Notes
A district, at any time after the issuance of bonds is authorized, may borrow money for the purposes for which such bonds are to...
- § 48-3219.01 Sale Of Bonds
A. Bonds shall be sold at public or private sale, as the board of directors may determine. B. If the board of directors determines...
- § 48-3219.02 Purchase Of Bonds By Districts
A district may purchase its bonds authorized to be issued in this article out of any monies available for that purpose. A district shall...
- § 48-3219.03 Disposition Of Proceeds And Other Monies
All proceeds received from the sale of the bonds, all fees, rental or other charges received by the district from any undertaking financed by...
- § 48-3219.04 Validity Of Bonds; Nonliability Of Officers And Directors
A. Bonds issued under this article and bearing the signature of officers in office on the date of the signing thereof are valid and...
- § 48-3219.05 Bonds; Legal Investment
Notwithstanding any other law, all bonds, including refunding bonds, issued pursuant to this chapter are legal investments for savings banks, banks, savings and loan...
Article 11 Refunding District Indebtedness
Article 12 Insolvency of District
- § 48-3241 Petition For Hearing Where District In Default On Financial Obligations; Notice Of Hearing
A. An irrigation district in default or about to default in the discharge of its financial obligations in respect to any issued and outstanding...
- § 48-3242 Meeting Of Bondholders With Board Of Directors; Selection Of Committee; Voting
A. The holders of the bonds shall meet together with the board of directors of the district at the time and place of the...
- § 48-3243 Bondholders' Agreement; Failure To Agree Within One Year
A. Immediately upon selection the committee shall proceed to formulate a plan to be known as " bondholders' agreement" in respect to the district...
- § 48-3244 Submission Of Bondholders' Agreement To Superior Court By Petition
A. The bondholders' agreement shall empower the committee to execute, and the committee shall be charged with the execution of, the plan contained therein,...
- § 48-3245 Publication Of Bondholders' Agreement; Filing Of Dissents To Agreement
A. Upon presentation of the petition to the judge of the superior court, either in open court or in chambers, the judge shall direct...
- § 48-3246 Failure To File Dissent Deemed Acceptance Of Agreement
After the expiration of ninety days from the date of the first publication of notice in such financial journal the holders of outstanding bonds...
- § 48-3247 Hearing; Judgment
A. After the expiration of ninety days from the date of the first publication of the notice in such financial journal the board of...
- § 48-3248 Procedure In Court Action; Appeal To Supreme Court; Costs
A. The procedure in the superior court under the provisions of this article shall be in the nature of an equitable proceeding in rem....
- § 48-3249 Abrogation Of Agreement By Failure To Deposit Fifty-One Per Cent Of Bonds
If the bonds of the district deposited with the state treasurer at the end of two years from the date of the adoption of...
- § 48-3250 Change In Terms Of Agreement; Effective Date
If the committee determines at any time that it is necessary or desirable to change or deviate from the terms, conditions and proposals of...
- § 48-3251 Permissive Deposit Of Bonds With Treasurer
Any bondholders may at any time deposit his bonds with the state treasurer and thereafter be entitled to the benefits and subject to the...
- § 48-3252 Expenses Of Committee; Payment
A. The actual and necessary expenses of the bondholders' committee incurred in the performance of the duties imposed by this article or by the...
- § 48-3253 Powers Of Committee In Enforcing Agreement
Immediately upon the bondholders' agreement becoming effective, the committee may perform, enforce and carry out the terms and conditions of the bondholders' agreement, with...
- § 48-3254 Abrogation Of Agreement And Discharge Of Committee When Bond Obligations Discharged; Discharge Of Individual From Tax Liability By Payment Of Proportionate Liability
A. When all bond obligations of the district accrued or to accrue during the operation of the bondholders' agreement, and the expenses incident thereto,...
- § 48-3255 Partial Payment Of Bonds And Interest
Upon granting the petition and during the retention of jurisdiction by the committee, if there are in the district treasury at any time funds...
- § 48-3256 Acceptance Of Bond Interest Coupons By Committee
When the committee has acquired jurisdiction under this article, and during the continuance thereof, no bond interest coupon shall be received or accepted in...
Chapter 20 IRRIGATION WATER DELIVERY DISTRICTS
Article 1 General Provisions
- § 48-3401 Owner Defined
In this chapter, unless the context otherwise requires, " owner" means the person who appears upon the records of the office of the county...
- § 48-3402 Rights And Powers Of District
A. Irrigation water delivery districts shall be bodies corporate for the purposes specified in this chapter and shall have the rights, privileges and powers...
- § 48-3403 Water Rights On Unirrigated Areas
Failure to use irrigation water for five or more years shall not be an abandonment or forfeiture of water rights pertaining to lands included...
- § 48-3404 Effect Of Chapter
This chapter shall not be construed to repeal any other act, statute or part of statute providing for the organization of irrigation or other...
Article 2 Formation, Change of Boundaries and Dissolution
Article 3 Administration
- § 48-3441 Board Of Trustees; Compensation; Employment Of Personnel; Quorum
A. The management and control of an irrigation water delivery district is vested in a board of trustees which shall consist of three persons...
- § 48-3442 Bond Of Trustee
Before entering upon his duties, each member of the board shall execute a bond in the amount of one thousand dollars, conditioned upon the...
- § 48-3443 Term Of Office; Vacancies
A. The trustees appointed at the organization of the district, or elected thereafter, shall hold office for two years from January 1 following their...
- § 48-3444 Biennial Election Of Trustees
A. The regular election for trustees shall be held biennially on the third Wednesday in November next prior to the expiration of the regular...
- § 48-3445 Secretary Of Board; Board Minutes
A. Immediately after qualifying, the members of the board shall meet and elect a secretary, who may be one of their number. If the...
- § 48-3446 Powers And Duties Of Board; Issue Of Time Warrants
A. The board may borrow money, incur indebtedness and issue warrants against the district treasurer for the payment of the compensation of employees, purchase...
- § 48-3447 Operation And Maintenance Of Water Delivery Works By District; Right Of Eminent Domain
A. Each landowner within the district shall immediately after the organization thereof place the ditch, pipe line or conduit and other facilities connected therewith...
- § 48-3448 Use Of Roads And Streets As Right Of Way
Any irrigation water delivery district may use the public highways, roads, streets and alleys in or outside the district which may be needed for...
- § 48-3449 Irrigation Service To Nondistrict Lands
A district may contract to provide irrigation service to lands not included within the district, at charges which shall be not less and on...
- § 48-3450 Restrictions Upon Delivery Of Water By District
The delivery of water to landowners under this chapter shall be subject to the laws of this state with respect thereto, to the provisions...
- § 48-3451 Suspension Of District Functions
A. The board of supervisors may suspend the functions of delivering and distributing irrigation water and of maintaining the ditches, pipe lines and other...
Article 4 Financial Provisions
Chapter 21 FLOOD CONTROL DISTRICTS
Article 1 County Flood Control Districts
- § 48-3601 Definitions
In this article, unless the context otherwise requires: 1. " Area of jurisdiction" means the incorporated and unincorporated areas of the county, including public...
- § 48-3602 Organization Of County Flood Control District
A. Each county shall organize a county flood control district to include and govern its area of jurisdiction. B. The county board of supervisors...
- § 48-3603 Powers, Duties And Immunities Of District And Board; Exemptions
A. A county flood control district organized under this article is a political taxing subdivision of this state and has all the powers, privileges...
- § 48-3604 Establishing Zones In The District
A. The board may divide the area of jurisdiction into two or more zones, the boundaries of which shall be described in a resolution...
- § 48-3605 Assistance For Floodplain Delineations; Duties Of Director
A. The director of water resources shall develop and adopt criteria for establishing the one hundred-year flood and delineating floodplains. B. If a district...
- § 48-3606 Assistance For Topographic Mapping
If sufficient monies have been appropriated, state monies or assistance allowed by this chapter may be provided to a district to aid in preparing...
- § 48-3607 Director May Contract For Work
The director may contract with private persons, firms or other governmental agencies to carry out his duties under this article.
- § 48-3608 Assistance In Flood Insurance Program
A. The director is designated as the state coordinator of the national flood insurance program to assist local jurisdictions in complying with the requirements...
- § 48-3609 Floodplain Delineation; Regulation Of Use; Federal Requirements And Definitions
A. Except as provided in section 48-3610, the board within its area of jurisdiction shall delineate or may by rule require developers of land...
- § 48-3609.01 Watercourse Master Plans; Definition
A. If a district organized pursuant to this chapter has completed a watercourse master plan which includes one or more watercourses, and if the...
- § 48-3609.02 Adoption Of Rules; Procedures; Exemptions; Definition
A. The board of directors shall adopt procedures for the adoption, amendment, repeal and enforcement of rules. B. The procedures shall contain at least...
- § 48-3610 Assumption Of Powers And Duties By Cities And Towns; Resolution; Definitions
A. The powers and duties prescribed by section 48-3609 for floodplain management may be assumed by the governing body of an incorporated city or...
- § 48-3611 Citizens' Flood Control Advisory Board; Qualification; Functions
A. The board of directors may appoint a citizens' flood control advisory board consisting of seven members. Five members shall be resident taxpayers and...
- § 48-3612 Board Of Review
A. The board of directors may establish a board of review, which may be the advisory board or a committee of the advisory board...
- § 48-3613 Authorization Required For Development In Watercourses; Exceptions; Enforcement
A. Except as provided in section 48-3625 and in this section, a person shall not engage in any development which will divert, retard or...
- § 48-3614 Declaration Of Public Nuisance; Abatement
All development located or maintained in a floodplain since August 8, 1973 in violation of this article or of floodplain regulations established by the...
- § 48-3615 Violation; Classification; Civil Penalties; Strict Liability
A. It is unlawful for a person to engage in any development or to divert, retard or obstruct the flow of waters in a...
- § 48-3615.01 Notice Of Violation; Hearing; Final Decision; Civil Penalty; Injunctive Relief
A. If the chief engineer finds that a person has engaged or is engaging in development in the floodplain without a floodplain use permit,...
- § 48-3615.02 Judicial Review; Remedies
The final decision of the board of hearing review is subject to judicial review pursuant to title 12, chapter 7, article 6. A district...
- § 48-3616 Survey And Report Of Flood Control Problems And Facilities; Comprehensive Program; Adoption By Board; Hearing
A. After a flood control district has been established in a county having a population of over three hundred thousand persons according to the...
- § 48-3617 Development Of Flood Control Plan By Director Of Water Resources
A. On the application of a district organized pursuant to this article, and subject to available appropriations, the director of water resources shall conduct...
- § 48-3618 Resolution Calling For Bond Election; Notice; Manner Of Conducting Election
A. After a county flood control district has been established pursuant to this article, the board may order that facilities be acquired, constructed, operated...
- § 48-3619 Form, Issuance And Sale Of Bonds; Limitation On Bonded Indebtedness; Payment Of Bonds And Interest
A. The bonds authorized pursuant to section 48-3618 shall be issued for the general purpose or purposes provided in the voted proposition, which may...
- § 48-3620 Certification And Levy Of Taxes; Limitation
A. The district shall annually, not less than fifteen days before the first day of the month in which the county board of supervisors...
- § 48-3620.01 Joint Projects By Zones
The board of directors may institute joint projects by two or more contiguous zones for acquiring, financing, constructing, maintaining, operating, extending, repairing or otherwise...
- § 48-3620.02 Authority For Zone Projects
A. For the purpose of acquiring authority to proceed with any project of special benefit to a zone, as well as for the purpose...
- § 48-3621 Right-Of-way
A right-of-way in, under, along or across a public highway, public street or public property within a flood control district shall be granted to...
- § 48-3622 Permission Required To Connect To Storm Water Drain; Fee; Violation; Classification
A person desiring to make a connection to any storm water drain of a flood control district or to cause floodwaters or storm or...
- § 48-3623 Authority To Issue Refunding Bonds; Procedure; Disposition Of Proceeds
Any bond issued under this article may be refunded pursuant to resolution adopted by the board of directors in the manner provided in this...
- § 48-3624 Cooperation In Flood Control Projects
A district may cooperate with the United States and this state or any instrumentality, department, agency or political or municipal subdivision of either in...
- § 48-3625 Limitation On Powers
A county flood control district may not exercise any power or authority granted by this article, nor may it undertake or cooperate in planning,...
- § 48-3626 Compliance; Enforcement
If any board, district or governing body fails to comply with or violates the requirements of this article, the attorney general shall take prompt...
- § 48-3627 Reimbursement For County Services
Services provided by a county to a county flood control district are subject to reimbursement pursuant to section 11-251.06.
- § 48-3628 Condemnation Actions; Interest
Interest on a judgment in a condemnation proceeding instituted by the district or by a power district or an agricultural improvement district pursuant to...
Article 2 Flood Control District Regulations
- § 48-3641 Definitions
In this article, unless the context otherwise requires: 1. " District" means a district organized pursuant to article 1 of this chapter. 2. "...
- § 48-3642 Regulatory Bill Of Rights
To ensure fair and open regulation by districts, a person: 1. Is eligible for reimbursement of fees and other expenses if the person prevails...
- § 48-3643 Inspections; Applicability
A. A district inspector or regulator who enters any premises of a regulated person for the purpose of conducting an inspection shall: 1. Present...
- § 48-3644 Prohibited Acts By District And Employees; Enforcement; Notice
A. A district shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically...
- § 48-3645 Licensing Time Frames; Compliance; Consequence For Failure To Comply With Time Frame; Exemptions; Definitions
A. For any new ordinance or regulation requiring a license, a district shall have in place an overall time frame during which the district...
- § 48-3646 License Application Process
A district that issues licenses shall provide the following information to an applicant at the time the applicant obtains an application for a license:...
- § 48-3647 Directory Of Documents
The district shall publish, or prominently place on the district website, at least annually, a directory summarizing the subject matter of all currently applicable...
- § 48-3648 Complaints; Procedures
A. The board of directors shall establish a procedure to receive complaints from an adversely affected person concerning ordinances, rules, substantive policy statements or...
- § 48-3649 Clarification Of Interpretation
A. An applicant for a license subject to this article may request a district to clarify its interpretation or application of a statute, ordinance,...
- § 48-3650 Exemptions
This article does not apply to: 1. An ordinance, regulation or substantive policy statement that relates to only the internal management of a district...
Chapter 22 MULTI-COUNTY WATER CONSERVATION DISTRICTS
Article 1 General Provisions
- § 48-3701 Definitions
In this chapter, unless the context otherwise requires: 1. " Active management area" means an active management area established under title 45, chapter 2,...
- § 48-3702 District As Municipal Corporation
A multi-county water conservation district is a tax-levying public improvement district of the state and a municipal corporation to the extent of the powers...
- § 48-3703 Purposes For Which District May Be Organized
If three or more counties petition for the formation of a district, a district may be formed for the following purposes: 1. To levy...
- § 48-3704 Petition For Formation Of District
A. Petitions for the formation of a district may be signed by either the chairman of the board of supervisors of a county, pursuant...
- § 48-3705 Notice; Hearing On Petitions; Transcript
A. Upon receipt of petitions from three or more counties, the director shall set a date for hearing on the petitions not less than...
- § 48-3706 Establishment Of District; Appeal
A. Upon the hearing, if it appears that the petitions conform to the provisions of this chapter and that the public convenience and welfare...
- § 48-3707 Areas Outside Of District; Inclusion Of Additional Counties
A. Water users outside the district may contract for a water supply from the central Arizona project directly with the secretary or with the...
- § 48-3708 Board Of Directors; Weighted Voting; Members; Term; Compensation
A. A district shall be administered by a board of directors to be determined as follows: 1. The qualified electors from each county in...
- § 48-3709 District Elections; Nominating Petitions
A. Candidates for election to the board of directors of a district shall be nominated by a petition that is signed by not less...
- § 48-3710 Organization Of Board; Oath; Arizona Water Banking Authority
A. Not later than thirty days after appointment of the initial board, and after each election for directors, the board shall meet and select...
- § 48-3711 Meetings Of The Board
The board shall hold its regular annual meeting at such time and place as may be fixed by the board and shall hold special...
- § 48-3712 Powers And Duties Of The Board
A. The board shall: 1. Manage and conduct the affairs and business of the district. 2. Make and execute all necessary contracts and other...
- § 48-3713 Powers Of District
A. The district, acting through its board, shall: 1. Enter into a contract or contracts with the secretary to accomplish the purposes of this...
- § 48-3713.01 Additional Authority And Limitations Regarding Water Storage
A. Except for water storage undertaken for replenishment purposes pursuant to article 4 of this chapter and water storage undertaken in cooperation with the...
- § 48-3713.02 Additional Authority Regarding Water Storage
A. The district may enter into a contract with the state, the Arizona water banking authority, a county, a municipality or another person to...
- § 48-3713.03 Lower Colorado River Multispecies Conservation Program; Definition
A. The board may enter into agreements with this state, an agency or political subdivision of this state, the federal government, an agency of...
- § 48-3714 Authority Of Political Subdivisions To Enter Into Long-Term Contracts
Notwithstanding any provision of law to the contrary, the governing body of an incorporated city or town, the board of supervisors of any county...
- § 48-3715 Tax Levy
A. On or before the second Monday in August of each year, the clerk of the county board of supervisors of each county within...
- § 48-3715.01 Fund For Acquiring And Conserving Supplemental Water
In order to carry out the purposes and provisions of section 7 of Public Law 98-530, the district may establish, administer, and make a...
- § 48-3715.02 Tax Levy For Water Storage
(Rpld. 1/2/30) A. Until January 1, 1997, the following applies: 1. On or before August 19, 1991, August 17, 1992, August 16, 1993, August...
- § 48-3715.03 Arizona Water Banking Fund; Disbursement Of Monies
A. The district's board of directors shall annually determine by resolution whether all or any part of the tax levied pursuant to section 48-3715.02,...
- § 48-3715.05 Contribution For Water Protection
A. On or before the second Monday in July of each year, the department shall transfer from amounts credited to the district the amounts...
- § 48-3716 Dissolution Of District
A. When all indebtedness and legal obligations of every nature whatever have been fully satisfied and paid, a district organized under this chapter may,...
- § 48-3717 Construction And Limitation Of Chapter
A. Nothing contained in this chapter shall be construed to restrict the authority of the secretary to enter into contracts with water users in...
- § 48-3718 Reimbursement For County Services
Services provided by a county to a multi-county water conservation district are subject to reimbursement pursuant to section 11-251.06.
Article 2 Judicial Validation of Contracts
Article 3 Revenue Bonds
- § 48-3751 Ordinances; Revenue Bonds
A. An ordinance adopted pursuant to section 48-3712 shall set forth a plan for the district to borrow money and issue its negotiable revenue...
- § 48-3752 Terms, Conditions And Forms Of Bonds
A. A bond may be issued in one or more series, bear a date or dates, mature at a time or times, be in...
- § 48-3753 Resolution And Trust Agreements; Adoption
The board may provide that any series of bonds may be secured by a trust agreement by and between the district and one or...
- § 48-3754 Resolution And Trust Agreements; Covenants
A. Any ordinance, resolution, contract, indenture or trust agreement pertaining to the bonds may contain covenants and contractual arrangements as to the following: 1....
- § 48-3755 Sale Of Bonds
A bond shall be sold at a public or private sale as determined by the board.
- § 48-3756 Refunding Bonds
Refunding bonds may be issued to refund any outstanding bonds. These bonds shall be designated as refunding bonds and shall be secured by all...
- § 48-3757 Purchase Of Bonds By The District
The district may purchase any of its bonds authorized to be issued in this article out of any monies available for that purpose.
- § 48-3758 Validity Of Bonds; Nonliability Of Officers And Directors
A. A bond that is issued and that bears the signature of officers in office on the date the bond is signed is a...
- § 48-3759 Bonds As Legal Investments
Notwithstanding any law to the contrary, all bonds and refunding bonds constitute legal investments for savings banks, banks, savings and loan associations, trust companies,...
- § 48-3760 Federal Income Tax Considerations
The district may make any covenant, order any rebate, file any tax return, report any information and order the limitation on the yield of...
- § 48-3761 Application Of Bond Proceeds
The district may apply the proceeds from the sale of any of its bonds to further any of its lawful purposes including to pay...
- § 48-3762 Limitation On Amount, Rates, Fees And Charges
A. The district shall not issue any bonds under this article that will cause the aggregate principal amount of bonds issued and outstanding under...
Article 4 Replenishment
- § 48-3771 District Replenishment Obligations; Replenishment Location; Source Of Replenishment; Exception
A. For each active management area in which member lands or member service areas are or may be located, the district shall replenish groundwater...
- § 48-3772 Duties And Powers Of District Regarding Replenishment
A. The district shall: 1. Establish annually the costs and expenses to replenish groundwater pursuant to this article with respect to all parcels of...
- § 48-3773 Additional Duties; Special Fund; Revolving Fund
A. In carrying out the groundwater replenishment obligations prescribed in section 48-3772, subsection A, the district shall: 1. Adopt bylaws, rules, ordinances and policies...
- § 48-3774 Qualification As Member Land
A. Real property qualifies as member land only if all of the following apply: 1. The real property is located in an active management...
- § 48-3774.01 Category 1 Member Lands; Category 2 Member Lands; Fees
A. Except as provided in subsection B of this section, all real property that qualifies under section 48-3774 shall be category 1 member land....
- § 48-3775 Reports
A. Except as provided in subsection H of this section, on or before March 31 of each year after the recordation of the instrument...
- § 48-3776 Storage And Recovery Outside The District
In order to efficiently manage sources of water for replenishment, the district may store and recover water outside of active management areas. Subject to...
- § 48-3777 Municipal Provider Reporting Requirements
The district shall determine the form of any reports to be submitted by a municipal provider in order to carry out the purposes of...
- § 48-3778 Annual Assessment; General Revenue Law
A. On or before the third Monday of August of each year after the qualification of any real property as member land, the district...
- § 48-3779 Annual Membership Dues
A. On or before the third Monday of August of each year beginning in 2011, the district may charge annual membership dues on all...
- § 48-3780 Qualification As A Member Service Area; Termination
A. The service area of a municipal provider qualifies as a member service area only if all of the following apply: 1. The service...
- § 48-3780.01 Member Service Area; Replenishment Reserve
A. Except as provided in subsection B of this section, municipal providers with service areas that qualify under section 48-3780 shall pay to the...
- § 48-3781 Annual Replenishment Tax; Contract Replenishment Tax
A. On or before the third Monday of August of each year after the qualification of the member service area of any municipal provider,...
- § 48-3782 Delinquent Taxes; Interest; Failure To File Report; Civil Penalties; Violation; Classification
A. If an annual replenishment tax or contract replenishment tax is not paid when due, the district shall charge interest at a rate of...
- § 48-3783 Inspections, Investigations And Audits
A. The district's authorized representative may enter at reasonable times on the property of a municipal provider required to provide reports under section 48-3775...
Chapter 24 COUNTY FREE LIBRARY DISTRICT
Article 1 General Provisions
Chapter 25 COUNTY JAIL DISTRICTS
Article 1 General Provisions
Article 2 Financial Provisions
Chapter 26 STADIUM DISTRICTS
Article 1 General Provisions
Article 2 Financial Provisions
Article 3 District Bonds
Chapter 27 GROUNDWATER REPLENISHMENT DISTRICTS
Article 1 General Provisions
Article 2 Establishment and Administration
Article 3 Powers and Duties
- § 48-4461 Duties Of The Board
A. The board of directors shall: 1. Manage and conduct the business and affairs of the district. 2. Make and execute all necessary contracts...
- § 48-4462 Powers Of The District
The district, acting through its board, may: 1. Develop, plan, design, finance, construct, acquire, own, lease, operate, maintain, replace and dispose of by gift,...
- § 48-4463 District Member's Replenishment Obligation; Accounting Rules
A. On or before March 31 of each year beginning in the fifth calendar year following the year in which the district is established,...
- § 48-4464 District Member's Replenishment Account; Statements; Credits
A. The district shall establish and maintain a replenishment account for each district member. After the district computes each member's replenishment obligation, the district...
- § 48-4465 Transfer Of Credits
A. Any district member that holds a credit certificate may transfer all or any part of its credits to the district or to any...
- § 48-4466 Settlement Of Replenishment Accounts
A. On or before June 30 of each year, a district member whose replenishment account reflects a net debit balance shall: 1. Enter into...
- § 48-4467 Drought Relief Account
A. The district shall establish and maintain a drought relief account for the district beginning January 1 of the third calendar year following the...
- § 48-4468 Measuring Requirements
A district shall require district members to install and pay for water measuring devices and periodically test the devices as may be necessary to...
- § 48-4469 Direct Delivery Of Water
A. The district may contract with a district member, in one year increments, to deliver water directly to the district member to replace groundwater...
- § 48-4470 Contracts For Replenishment Services
A. A district may contract with water suppliers to acquire water to replenish the groundwater in the district on behalf of district members. If...
- § 48-4471 Acquiring Water From District Members
A. The district shall accept delivery, either directly or through exchange, from a district member of any of the following water that the district...
- § 48-4471.01 Aquifer Replenishment Projects In Phoenix Active Management Area
If a district is established in the Phoenix active management area, within five years after being established the district shall apply for at least...
- § 48-4472 Demand Replenishment Services
A. The district may offer replenishment services to its members on an on-demand basis if the district has water available to provide replenishment services...
- § 48-4473 Water Storage For District Members; Accounting; Fees And Charges
A. If the board determines that water may be obtained in any year in excess of the amount of replenishment services pursuant to sections...
- § 48-4474 Storage And Recovery Outside Of District
A. In order to efficiently manage sources of replenishment water, the district may store and recover water outside of the district's boundaries pursuant to...
- § 48-4475 Using Public Rights-Of-way; Definition
A. To the extent practicable, a district shall use a public right-of-way as provided by this section to transport water instead of seeking to...
Article 4 Financial Provisions
Article 5 Bond Financing
Article 6 Compliance and Enforcement
Chapter 28 ACTIVE MANAGEMENT AREA WATER DISTRICT
Article 1 Formation and Dissolution
Article 2 Administration
- § 48-4831 Permanent Board Of Directors; Qualification And Organization; Compensation
(L93, ch 107 sec 15.) A. The permanent board of directors shall consist of eleven persons, each representing a separate division established pursuant to...
- § 48-4831; Version 2 Permanent Board Of Directors; Qualification And Organization; Compensation
(L93, ch 144 sec 1.) A. The permanent board of directors shall consist of eleven persons, each representing a separate division established pursuant to...
- § 48-4832 Elections; Nominating Petitions
A. A candidate for election to the permanent board as a division director shall be nominated by a petition signed by at least one...
- § 48-4833 Meetings; Agenda
A. The board shall hold regular meetings every calendar quarter and additional meetings on the call of the chairman or a majority of the...
- § 48-4834 Administrative Powers And Duties; Division Boundaries; Executive Director And Employees; Annual Report
A. The board shall: 1. Determine its organizational and procedural structure, adopt, amend or repeal bylaws, rules and forms consistent with the requirements of...
- § 48-4835 Advisory Council
A. As part of a plan of permanent operation and administration adopted under section 48-4806, subsection B, paragraph 1, the initial board shall determine...
Article 3 Powers and Duties
- § 48-4851 Cooperation With Governmental Entities
A. The district shall cooperate, coordinate and confer with the director of water resources, state agencies, other special districts, authorities and other political subdivisions...
- § 48-4852 Limitation On Powers
This chapter shall not be construed to modify, alter or change the functions, powers, duties, rights and liabilities prescribed under title 45, chapters 1,...
- § 48-4853 Functional Powers Of Board
The board, for and in the name of the district, may: 1. Acquire in any lawful manner, except as limited by this chapter, and...
- § 48-4854 Planning
In conjunction and cooperation with the director of water resources, the groundwater users advisory council and operating units in the active management area, and...
- § 48-4855 Acquisition Of Water
A. The district, subject to the limitations described in section 48-4852, paragraph 4, may: 1. Negotiate to acquire in its own name, or on...
- § 48-4856 Acquisition Of Property; Limited Eminent Domain Authority; Survey Rights
A. The legal title to all property and property rights acquired under this chapter vests in the district and shall be held for the...
- § 48-4857 Construction Work And Purchases By Bid Only; Exceptions; Award Of Contract; Bond
A. The construction of projects or facilities undertaken by the district shall be by contract and not by force account. The district may enter...
Article 4 Financial Provisions
Article 5 Revenue Bonds
Article 7 Replenishment
- § 48-4971 Undertaking Of Replenishment Obligation
A. At any time after the adoption of a plan of permanent operation and administration under section 48-4806, subsection B, the board may elect...
- § 48-4972 Groundwater Replenishment Obligation; Replenishment Location; Source Of Replenishment; Exception
A. The district shall replenish groundwater in an amount equal to the water district groundwater replenishment obligation. The district shall complete the replenishment of...
- § 48-4973 Duties And Powers Of District Regarding Replenishment
A. The district shall: 1. Establish annually the costs and expenses to replenish groundwater pursuant to this article with respect to all parcels of...
- § 48-4974 Additional Duties; Special Fund; Revolving Fund
A. In carrying out the water district groundwater replenishment obligation prescribed in section 48-4972, subsection A, the district shall: 1. Adopt bylaws, rules, ordinances...
- § 48-4975 Qualification As Water District Member Land
A. Real property qualifies as a water district member land only if all of the following apply: 1. The real property is located in...
- § 48-4976 Reports
A. On or before March 31 of each year after the recordation of the instrument described in section 48-4975, subsection C, each municipal provider...
- § 48-4977 Storage And Recovery Outside The District
In order to efficiently manage sources of water for replenishment, the district may store and recover water outside of active management areas. Subject to...
- § 48-4978 Municipal Provider Reporting Requirements
The district shall determine the form of any reports to be submitted by a municipal provider in order to carry out the purposes of...
- § 48-4979 Assessment Levy
A. On or before the third Monday of August of each year after the qualification of any real property as water district member land,...
- § 48-4980 Liens For Delinquent Assessments
A. If not paid by the due date specified by the district, the replenishment assessment imposed by this chapter constitutes a lien on the...
- § 48-4981 Qualification As A Water District Member Service Area
The service area of a municipal provider shall qualify as a water district member service area only if all of the following apply: 1....
- § 48-4982 Annual Replenishment Tax; Contract Replenishment Tax
A. On or before the third Monday of August of each year after the qualification of the water district member service area of any...
- § 48-4983 Delinquent Assessments And Taxes; Interest; Failure To File Report; Civil Penalties; Violation; Classification
A. If an annual replenishment assessment or annual replenishment tax is not paid when due under this article, the district shall charge interest at...
- § 48-4984 Inspections; Investigations And Audits
A. The district's authorized representative may enter at reasonable times on the property of a municipal provider required to provide reports under section 48-4976...
Chapter 29 REGIONAL PUBLIC TRANSPORTATION AUTHORITY
Article 1 General Provisions
Article 2 Planning
Article 3 Regional Bus System
- § 48-5141 Regional Bus System
The board may contract with a public agency or with a person on the terms and conditions the board finds in its best interest...
Article 4 Financing
Chapter 30 REGIONAL TRANSPORTATION AUTHORITY
Article 1 General Provisions
Article 2 Financing
Chapter 31 SPECIAL HEALTH CARE DISTRICT
Article 1 General Provisions
Article 2 Powers and Duties
Article 3 Financial Provisions
- § 48-5561 Deposit Of District Monies
A. Except as provided in subsections D and E of this section, all special health care district monies from any source shall be deposited...
- § 48-5561.01 Special Payments To A Special Health Care District; Transfers; County Treasurer; State Treasurer
A. For a special health care district that is organized pursuant to this chapter and that constructs a general hospital or acquires or leases...
- § 48-5562 Disposition And Use Of Rental Receipts From Facilities And Equipment
Rental revenues, if any, received from the lease of a hospital, freestanding urgent care center, medical clinic or nursing care institution and their equipment...
- § 48-5563 Budget And Tax Levy
A. On or before July 15 of each year, the board of directors shall furnish to the board of supervisors a report of the...
- § 48-5564 Ambulance Service; Financing
A. A special health care district may maintain and operate an ambulance service or pay the costs of an ambulance service contract if a...
- § 48-5565 Tax Levy For District Expenses
A. A special health care district shall certify to the county board of supervisors an amount to levy as a secondary property tax on...
- § 48-5566 Issuing Bonds; Election
A. On the approval of a majority of the qualified electors, a special health care district may issue bonds to carry out any of...
- § 48-5567 Reserves; Tax To Replenish Reserve
A. Bonds that are issued under this article may contain a provision requiring the establishment of a reserve or reserves in an amount that...
- § 48-5568 Limit Of Bonded Indebtedness
A special health care district shall not incur a bonded indebtedness exceeding ten per cent of the net assessed value of all taxable property...
- § 48-5569 Investment And Reinvestment Of Sinking Fund
A. The board of directors, with the consent of the board of supervisors, may invest and reinvest all money belonging or credited to the...
- § 48-5570 Capital Outlay Fund
A. The board of directors may establish a fund for capital outlays. After a capital outlay fund is established, the board of directors may...
- § 48-5571 County Reimbursement; Special Health Care Districts
In a county with a special health care district that is subject to section 48-5541.01, the county shall reimburse the special health care district...
Chapter 32 AGRICULTURE PRESERVATION DISTRICTS
Article 1 General Provisions
Chapter 33 PUBLIC HEALTH SERVICES DISTRICTS
Article 1 General Provisions
- § 48-5801 Definitions
In this chapter, unless the context otherwise requires: 1. " Board" means the board of directors of a public health services district. 2. "...
- § 48-5802 Formation Of District; Election
A. A public health services district may be established in a county as provided by this section. B. Beginning January 1, 2011, to establish...
- § 48-5803 Board Of Directors
The county board of supervisors shall serve as the board of directors of the district. The directors are not eligible to receive compensation for...
- § 48-5804 Powers And Duties
A. The district board of directors shall: 1. Appoint from among its members a chairperson, a secretary and other officers as may be necessary...
- § 48-5805 Transaction Privilege Tax; Property Tax
A. The board of directors of the district by resolution may levy, and if levied, the department of revenue shall collect, a transaction privilege...
Chapter 34 MULTIJURISDICTIONAL WATER FACILITIES DISTRICTS
Article 1 General Provisions
- § 48-5901 Definitions
For the purposes of this chapter, unless the context otherwise requires: 1. " Board" means the board of directors of a multijurisdictional water facilities...
- § 48-5902 Preliminary General Plan; Initial Costs
A. Two or more municipal water providers may consider the formation of a multijurisdictional water facilities district for the purpose of mutual benefit in...
- § 48-5903 Resolution Of Intent; Hearing
A. On receipt of the preliminary general plan for the district, the governing body of each municipal water provider shall consider a resolution of...
- § 48-5904 Requirements For Formation Of The District; Approvals Required
A. The district may be formed only if all of the following occur: 1. The governing body of each municipal water provider approves holding...
- § 48-5905 Election Procedure; Costs; Ballot Questions; Qualified Electors
A. Any elections held pursuant to this chapter shall be administered by the county and shall be held on a date prescribed by section...
- § 48-5906 Formation Of District; Legal Status Of District
A. On receipt of official election returns approving the formation of the district by the requisite voters as prescribed by section 48-5904, the county...
- § 48-5907 District Board Of Directors; Term; Vacancy; Expenses
A. The district board of directors shall consist of at least three persons as provided in the preliminary general plan for the district. Except...
- § 48-5908 Election Of Board; Eligible Voters; Recall
A. Elections for members of the district board of directors shall be held without party designations of the candidates and shall comply with the...
- § 48-5909 General Plan
Within sixty days after formation of the district, the governing board shall adopt a district general plan that shall contain at least that information...
- § 48-5910 Powers Of The District
A. In addition to the powers otherwise granted to a district pursuant to this article, a district, in furtherance and in accordance with its...
- § 48-5911 Project Approval; Resolution Of Project Intent
A. Before constructing, acquiring or financing any water related facilities, the district board shall cause a report to be prepared on the feasibility and...
- § 48-5912 Modification Of Boundaries; Impact Statement; Hearing;recording
A. Except as provided in subsection G of this section, after district formation and after the elected board of directors takes office, any person...
- § 48-5913 Public Records; Open Meetings
A. The district shall keep the following records, which shall be open to public inspection as prescribed by section 39-121: 1. Minutes of all...
- § 48-5914 Annual Report
A. The district shall issue an annual report that is consistent with section 35-501 and that includes: 1. A financial statement that conforms with...
- § 48-5915 Dissolution Of District
A. The district may be dissolved by the district board by a resolution of the district board if either the district does not have...
Article 2 Financial Provisions
- § 48-5931 Sources Of Revenue
The projects to be constructed or acquired as shown in the general plan may be financed from the following sources of revenue: 1. Proceeds...
- § 48-5932 Revenue Bonds; Authorization
A. At any time after the district board has adopted a resolution of project intent, the district board shall hold a hearing on the...
Article 3 Corporation Commission Jurisdiction Over Private Water Companies
Chapter 35 RECREATIONAL CORRIDOR CHANNELIZATION DISTRICTS
Article 1 General Provisions
Article 2 Financial Provisions
Chapter 36 THEME PARK DISTRICTS
Article 1 Organization and Administration
- § 48-6201 Definitions
(Conditionally Rpld.) In this chapter, unless the context otherwise requires: 1. " Board" means the board of directors of a district. 2. " District"...
- § 48-6202 Formation Of District
(Conditionally Rpld.) A. The governing bodies of a city with a population of more than one million persons and a county with a population...
- § 48-6203 Board Of Directors
(Conditionally Rpld.) A. The district is governed by a board of directors consisting of the following members: 1. Two members of the governing body...
- § 48-6204 Administrative Powers And Duties
(Conditionally Rpld.) A. The board of directors, on behalf of the district, may: 1. Adopt and use a corporate seal. 2. Sue and be...
- § 48-6205 Conflicts Of Interest
(Conditionally Rpld.) A. The directors of the district are subject to title 38, chapter 3, article 8, relating to conflicts of interest, including the...
Article 2 Operations
Article 3 Financial Provisions
Article 4 Revenue Bonds
Chapter 37 UPPER SAN PEDRO WATER DISTRICT
Article 1 General Provisions
- § 48-6401 Findings; Purpose
A. The legislature finds that the upper San Pedro groundwater basin is a major source of water for the residents of Cochise county and...
- § 48-6402 Definitions
In this chapter, unless the context otherwise requires: 1. " Board" means the elected board of directors of the upper San Pedro water district...
- § 48-6403 Establishment Of Upper San Pedro Water District; Map; Goal; Decreed And Appropriative Water Rights
A. The upper San Pedro water district may be established by an election held pursuant to this article. If the district is established, the...
- § 48-6404 District As Municipal Corporation; Exemption From Taxation; Judicial Review
A. The district is a public improvement district of this state and a municipal corporation to the extent of the powers, privileges and immunities...
- § 48-6405 Board; Members; Terms; Compensation
A. Beginning thirty days after the date on which the board of directors is elected, the district shall be administered by a board of...
- § 48-6406 Formation Election; Tax Authorization; Election Of Board Members
A. The county board of supervisors of a county in which the upper San Pedro water district is authorized pursuant to section 48-6403, on...
- § 48-6407 Board Meetings; Notice
A. The board shall hold regular meetings every calendar quarter and additional meetings on the call of the chairperson or a majority of the...
- § 48-6408 Powers And Duties Of The Board
A. The board shall determine its organizational and procedural structure, adopt, amend or repeal bylaws, rules and forms consistent with the requirements of this...
- § 48-6409 Water Development And Management; Technical Assistance And Review By Director Of Water Resources
A. For purposes of achieving the goal of the district as described in section 48-6403, the district through its board shall do the following...
- § 48-6410 Limitation On Powers
The board and the district shall not do any of the following: 1. Engage in the retail sale of potable water to customers in...
- § 48-6411 Adequate Water Supply Requirements; Notice; Objections
A. Except as provided in subsection C of this section and sections 48-6412 and 48-6413, a person who proposes to offer subdivided lands, as...
- § 48-6412 Exemption From Adequate Water Supply Requirements Based On Substantial Capital Investment; Application; Criteria; Expiration
A. If the director determines pursuant to sections 45-108 and 45-108.04 that an adequate water supply does not exist for a proposed subdivision in...
- § 48-6413 Exemption From Adequate Water Supply Requirements Based On An Adequate Water Supply Within Twenty Years; Criteria; Application
A. A subdivider may apply to the director for an exemption from the water adequacy requirements in section 48-6411, subsections A and B pursuant...
- § 48-6414 Inapplicability Of Other Adequate Water Supply Provisions To Proposed Subdivisions In The District
Section 9-463.01, subsections J through Q, section 11-823, section 32-2181, subsection F, section 32-2183, subsection H, section 32-2197.08, subsection E, section 45-108, subsection H,...
- § 48-6415 District And Municipal Water Delivery Systems In District Eligible To Receive Financial Assistance From Water Supply Development Revolving Fund
The district is deemed to be a water provider for the purposes of title 49, chapter 8. The district and municipal water delivery systems...
- § 48-6416 Organizing Board; Upper San Pedro Water District; Membership; Authority; Formation Election
A. The organizing board for the upper San Pedro water district is established consisting of the following persons: 1. Five members who are appointed...
Article 2 Financial Provisions
Chapter 38 REGIONAL ATTRACTION DISTRICTS
Article 1 Organization and Administration
- § 48-6601 Definitions
(Conditionally Rpld. Delayed Rpld.) In this chapter, unless the context otherwise requires: 1. " Board" means the board of directors of a district. 2....
- § 48-6602 Formation Of District
(Conditionally Rpld. Delayed Rpld.) A. On the petition of owners of at least two hundred acres of real property in the proposed district, the...
- § 48-6603 Board Of Directors
(Conditionally Rpld. Delayed Rpld.) A. The district is governed by a board of directors consisting of the following members: 1. Two members of the...
- § 48-6604 Administrative Powers And Duties
(Conditionally Rpld. Delayed Rpld.) A. The board of directors, on behalf of the district, may: 1. Adopt and use a corporate seal. 2. Sue...
- § 48-6605 Conflicts Of Interest
(Conditionally Rpld. Delayed Rpld.) A. The directors of the district are subject to title 38, chapter 3, article 8, relating to conflicts of interest,...
- § 48-6606 Performance Audit; Termination Of District; Delayed Repeal
(Conditionally Rpld. Delayed Rpld.) A. The auditor general shall conduct a performance audit, as defined in section 41-1278, of the district and its operations....
Article 2 Operations
- § 48-6631 Constructing And Maintaining Regional Attraction Venue
(Conditionally Rpld. Delayed Rpld.) A. The district shall provide for the construction, financing, use, furnishing, improvement, operation, marketing, promotion and maintenance of a regional...
- § 48-6632 Operational Powers And Duties Of District
(Conditionally Rpld. Delayed Rpld.) A. The district, through the board of directors, shall: 1. Negotiate and enter into agreements with developers, contractors and architects...
- § 48-6633 Relations With Owners Of Real Property
(Conditionally Rpld. Delayed Rpld.) A. The district may locate any of its facilities on real property leased from one or more public or private...
- § 48-6634 Quarterly Report; Appearance Before Joint Legislative Budget Committee
(Conditionally Rpld. Delayed Rpld.) A. Within three weeks after the end of each calendar quarter, the district shall prepare a report signed by the...
- § 48-6635 Regulating Sale, Use And Consumption Of Alcoholic Beverages
(Conditionally Rpld. Delayed Rpld.) Subject to the requirements of title 4, the board may permit, prohibit or regulate the sale, use and consumption of...
- § 48-6636 Gambling Prohibited In District
(Conditionally Rpld. Delayed Rpld.) Gambling pursuant to title 5, chapters 4, 5.1 and 6 shall not be allowed within the geographical boundaries of the
Article 3 Financial Provisions
- § 48-6651 Annual Budget
(Conditionally Rpld. Delayed Rpld.) A. On or before June 30 of each year, the board shall hold a public hearing to adopt a budget...
- § 48-6652 General Fund; Investments
(Conditionally Rpld. Delayed Rpld.) A. The district shall maintain a general fund and may establish accounts and subaccounts within the general fund as necessary...
- § 48-6653 Construction Account
(Conditionally Rpld. Delayed Rpld.) A. The district shall maintain a construction account in the general fund consisting of: 1. Monies received by the district...
- § 48-6654 Excise Tax; Administration; Expiration
(Conditionally Rpld. Delayed Rpld.) A. The district may levy an excise tax on business activity in the district that is subject to taxation under...
- § 48-6655 Payments In Lieu Of Property Taxes
(Conditionally Rpld. Delayed Rpld.) A. The property of the district is exempt from ad valorem property taxes pursuant to article IX, section 2, Constitution...
- § 48-6656 Development Fees Prohibited
(Conditionally Rpld. Delayed Rpld.) The board shall not levy or assess impact or development fees or any other assessment, however denominated and for any...
- § 48-6657 Reimbursement For County Services
(Conditionally Rpld. Delayed Rpld.) The actual costs of services provided by the county to the district are subject to reimbursement pursuant to section 11-251.06....
- § 48-6658 Audit
(Conditionally Rpld. Delayed Rpld.) A. The board shall cause an annual audit to be conducted of the district's funds, accounts and subaccounts by an...
Article 4 Revenue Bonds
Chapter 39 REVITALIZATION DISTRICTS
Article 1 General Provisions
- § 48-6801 Definitions
In this article, unless the context otherwise requires: 1. " Clerk" includes any person or official who performs the duties of clerk of the...
- § 48-6802 Resolution Of Intent; Eligible Participants; District Board
A. If the public convenience and necessity require, and on presentation of a petition signed by the owners of at least fifty-one per cent...
- § 48-6803 Notice
A. The clerk shall execute a notice, which shall read substantially as follows: To whom it may concern: The governing body of the city...
- § 48-6804 Hearing On Objections
A. Any person claiming an interest in real property that the resolution discloses is situated in the district or any qualified elector of the...
- § 48-6805 Resolution Forming District
After the hearing, the governing body of each entity forming the district may adopt a resolution forming the district, deleting any property determined not...
- § 48-6806 Judicial Review
A. An owner or other person claiming an interest in the property or a qualified elector who filed a written objection and who presented...
- § 48-6807 Formation
A. If the formation of the district is approved, the governing body of each entity on adoption of the resolution forming the district shall...
- § 48-6808 Powers Of A Revitalization District
A. In addition to the powers otherwise granted to a district pursuant to this article, a district may to further the implementation of the...
- § 48-6809 Perpetual Succession
The district has perpetual succession, except that the district may be dissolved as provided in section 48-6819 and, if the district does not have...
- § 48-6810 Records; Board Of Directors; Open Meetings
A. The district shall keep the following records, which shall be open to public inspection: 1. Minutes of all meetings of the district board....
- § 48-6811 Participation By Municipality
The governing body of the municipality, by resolution, may summarily order the participation by the municipality in the costs of any public infrastructure purpose,...
- § 48-6812 Finances
The projects to be constructed or acquired as shown in the general plan may be financed from the following sources of revenue: 1. Proceeds...
- § 48-6813 Budget
On or before July 15 each year, the district treasurer shall prepare a proposed budget for the ensuing fiscal year to be submitted to...
- § 48-6814 Revenue Bonds; Fees And Charges
A. At any time after the hearing on formation of the district, the district board may hold a hearing on the question of authorizing...
- § 48-6815 Special Assessments; Assessment Lien Bonds
A. The district board, after approval of the assessment at an election held as prescribed by section 48-6818, and pursuant to the procedures prescribed...
- § 48-6816 Terms Of Bonds
With respect to any bonds the district board shall prescribe the denominations of the bonds, the size of each issue and the form of...
- § 48-6817 District Taxes; Annual Financial Estimate And Budget
A. At any time after the hearing on formation of the district, the district board, or, if before formation, the governing body, may call...
- § 48-6818 Notice And Conduct Of Elections; Eligible Voters
A. Any election under this article shall be a nonpartisan election called by posting notices in three public places within the boundaries of the...
- § 48-6819 Dissolution Of District
A. The district may be dissolved by the district board by a resolution of the district board if the following conditions exist: 1. All...
Last modified: October 13, 2016