Title 48 — Special Taxing Districts

A. The lands omitted from the list as finally approved by the board of supervisors shall from the date of final approval cease to be a part of the district, but if at the hearing the board of supervisors excludes from the district lands susceptible of irrigation from the original…

A. Upon adoption of a resolution of exclusion by the board of supervisors, and if no appeal is prosecuted therefrom within thirty days as provided in this chapter, each landowner within the district who desires irrigation water for his district lands from the proposed district wo…

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 available for the lands and after the district obtains title thereto. The proceeds of the sale shall be paid into the district treasury. When th…

If any lands are excluded at the hearing by the board of supervisors on the ground that the lands may not be economically irrigated from the original proposed works, or some reasonable modification thereof or extension thereto, the district shall be obligated to pay to the person…

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 report and make such additional examination at the expense of the district as it deems proper. As soon as practicable …

A. Upon receipt of the report of the state certification board the board of directors may determine and declare by resolution that its original plan of works or some modified plan recommended by the state certification board is adopted and that the amount of bonds as stated in it…

A. Notice of election shall be given by posting notices in three public places in the district for at least twenty days prior to the date of the election and by publication thereof in a newspaper published in the county in which the office of the board of directors is located, on…

The board of directors shall require all owners of lands within the district for which title is incomplete at the time of issuing bonds to enter into a contract to the effect that the landowner will, upon receiving full title, permit the assessment of his land for his proportiona…

A. The board of directors may by resolution prescribe: 1. The issuance of bonds in one or more series. 2. The dates the bonds shall bear. 3. The medium of payment in which the bonds are payable. 4. The places of payment of the bonds. 5. Registration privileges of the bonds. 6. Th…

A. When the money realized from any series of bonds becomes exhausted and it becomes necessary to raise additional money for district purposes, additional series of bonds may be authorized by submitting the question of their issuance at a special election to the qualified elector…

No bonds shall be issued by a district which will cause the total aggregate outstanding bonded indebtedness of the district and other district obligations for the payment of money to exceed sixty per cent of the estimated market value of the lands within the district, after its s…

After a bond indebtedness has been authorized by the qualified electors of a district, the board of directors, instead of issuing bonds in the manner provided in this article, may enter into an obligation or contract with the United States for the construction or purchase of the …

A. At any time bonds have been authorized by the qualified electors of the district, but no part thereof have been sold and delivered, the board of directors upon its own initiative may, or upon petition of not less than twenty-five per cent of the qualified electors of the distr…

A. The board of directors, or any qualified elector, taxpayer or real property owner within the district, may file an action for and on behalf of the district in the superior court of the county in which the office of the district is located for the purpose of determining the reg…

A. The board may sell bonds from time to time in such quantities as may be necessary and most advantageous to raise money for the purposes for which they were authorized. Before making any sale the board shall by resolution entered in the records of the board declare its intentio…

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 sale of bonds issued for major purposes in accordance with the provisions of sections 48-3190 through 48-3194, and no provision of this article rel…

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 the state, and may be deposited to secure public funds in the state. No savings bank in the state shall invest a…

When the board of directors of an irrigation district or water conservation district organized and existing under the laws of the state declares by resolution that it deems it desirable that any proposed or outstanding bonds of the district, including any bonds authorized but not…

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 cause to be made an investigation of the affairs of the district, and make written findings of the result of the investigation. B. The b…

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 from the proceeds thereof without the consent of the state certification board, and no obligation shall be incurred which is payable from suc…

A. When any bond of a district, including any bond authorized but not sold, that is eligible for certification by the director of the department of administration as provided by section 48-3202 is presented to the director of the department of administration, the director of the …

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 by the district whose bonds and property have been investigated by such board, but the district whose property and bon…

A. The bonds and the interest thereon shall be paid by revenue derived from an annual assessment and levy of taxes upon the real property of the district, and the real property of the district shall be liable to taxation for such payments. B. Any parcel of land in the district, u…

A. Notwithstanding any other law, an irrigation or water conservation district may design, construct, acquire, rehabilitate or improve water or wastewater infrastructure, related property and appurtenances or a nonpoint source project with monies borrowed from or financial assist…

The powers conferred by this article are in addition and supplemental to the powers conferred by any other law. It is the purpose and intent of this article to create full and complete additional and alternate methods for the exercise of such powers. Insofar as the provisions of …

In this article, unless the context otherwise requires: 1. "Bonds" means revenue bonds and includes notes if applicable. 2. "Undertaking" means for the purpose of this article the purchase, construction, leasing or acquisition of any real or personal property, works or facilities…

After the organization of an irrigation district, the board of directors may cause revenue bonds to be issued for any undertaking.

In exercising the powers granted or permitted by law, the district may: 1. Issue its bonds to finance all or part of the costs of any undertaking. 2. Pledge to the punctual payment of the bonds and interest thereon the revenue of the district, or any part thereof, or all or any p…

A. To undertake, carry out and accomplish any of the purposes and powers of the district authorized or permitted by law, the district may borrow money and issue its negotiable bonds therefor. No bonds may be issued unless authorized by a resolution of the board of directors adopt…

A. All bonds and coupons issued under this article are payable in lawful money of the United States and shall be payable in not exceeding fifty years from the date of the bond. B. The bonds may be issued in one or more series, bear such date or dates, mature at such time or times…

For the purpose of this article, the board of directors of any district by affirmative vote of a majority of its members may adopt a resolution relating to the exercise of the powers granted by this article and to any other matters necessary to effectuate the full intent and purp…

A. Any resolution or trust agreement pertaining to the issuance of bonds under this article shall authorize the undertaking and may in addition contain covenants as to: 1. The purpose to which the proceeds of the sale of the bonds may be applied and the use and disposition thereo…

A district, at any time after the issuance of bonds is authorized, may borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and within the authorized maximum amount of such bond issue. Bond an…

A. Bonds shall be sold at public or private sale, as the board of directors may determine. B. If the board of directors determines to sell such bonds at public sale, notice of the sale shall be given by publication for at least three days in a newspaper of general circulation in …

A district may purchase its bonds authorized to be issued in this article out of any monies available for that purpose. A district shall cancel forthwith any bonds so purchased.

All proceeds received from the sale of the bonds, all fees, rental or other charges received by the district from any undertaking financed by the bonds and all monies received from any source in connection with the bonds shall be used, applied and disposed of as the board determi…

A. Bonds issued under this article and bearing the signature of officers in office on the date of the signing thereof are valid and binding obligations, notwithstanding that, before delivery and payment thereof, any of the persons whose signatures appear thereon have ceased to be…

Notwithstanding any other law, all bonds, including refunding bonds, issued pursuant to this chapter are legal investments for savings banks, banks, savings and loan associations, trust companies, executors, administrators, trustees, guardians and other fiduciaries, and for any b…

The board of directors of an irrigation district may, when expedient, issue refunding bonds to refund the bonded indebtedness of the district.

A. Any refunding bonds of the district may be sold at public or private sale in such manner and at such times as may be determined by the board of directors to be most advantageous, and the district may pay all expenses, premiums and commissions which its board of directors deems…

A. When any refunding bonds mature the district treasurer shall give notice for four weeks in a newspaper published in the county in which the district is located of the intention to redeem such bonds, stating the amount thereof. The redemption shall thereupon be made and all suc…

A. The board of directors shall, with respect to the issuance of refunding bonds, have full power and authority in all matters not set forth in this article to make all necessary provisions, rules and regulations, and to fix times, methods and procedure, and to take any and all s…

A. In addition to the power to issue refunding bonds for refunding bonded indebtedness of an irrigation district, the board of directors may also issue refunding bonds to refund district warrants, judgments, liens or other existing lawful indebtedness of the district. B. Bonds is…

A. An irrigation district in default or about to default in the discharge of its financial obligations in respect to any issued and outstanding bonds or the holder of a bond in respect to which an irrigation district may then be in default may petition the state certification boa…

A. The holders of the bonds shall meet together with the board of directors of the district at the time and place of the meeting provided in the notice thereof, organize and proceed immediately to the selection of a committee, which shall be designated and function as (insert nam…

A. Immediately upon selection the committee shall proceed to formulate a plan to be known as "bondholders' agreement" in respect to the district affected and the continuance of its business and affairs in such manner as to restore its solvency at the earliest practicable date, an…

A. The bondholders' agreement shall empower the committee to execute, and the committee shall be charged with the execution of, the plan contained therein, but no action, except as expressly provided in this article, shall be taken by the committee until the judgment of the super…

A. Upon presentation of the petition to the judge of the superior court, either in open court or in chambers, the judge shall direct the district to publish, and the district shall cause to be published, as nearly concurrently as practicable, for at least four consecutive weeks i…

After the expiration of ninety days from the date of the first publication of notice in such financial journal the holders of outstanding bonds failing to file their objections and protests with the court shall be deemed to have consented to refunding, compromise or settlement of…

A. After the expiration of ninety days from the date of the first publication of the notice in such financial journal the board of directors shall file in the superior court a verified return of its acts under the order of the court theretofore made, attaching thereto affidavits …