Title 48, Special Taxing Districts

The conduct of the election, including opening the polls, voting, closing the polls, counting the ballots and making return of the election shall, except as otherwise provided by this article, be as nearly as practicable in accordance with the general election laws of the state.

A. A poll list, tally list or certificate from an election held under the provisions of this article shall not be set aside or rejected for want of form if it can be satisfactorily understood. B. The board of directors shall meet at the district office on the first Monday after t…

A. The secretary of the board of directors, as soon as the result is declared, shall enter in the minutes of the board a statement of the result, which shall show: 1. The whole number of votes cast in the district and in each precinct thereof, if there is more than one precinct. …

A. Within ten days after receiving their respective certificates of election, the president and each director shall qualify for his respective office by taking and subscribing the official oath and filing a bond as provided in this section. B. The president and each director shal…

A. Prior to voting in a district election an elector shall sign an affidavit that he has all of the qualifications of an elector, as provided for in section 48-2309. B. The district may impose reasonable standards and rules for the registration of voters, the determination of vot…

A. If, at any election held as provided in this article, there are two or more candidates who are tied for the highest number of votes cast for a single office, then as to that office the election shall be considered to be a primary election for the nomination of candidates for t…

A. The board of directors shall, on or before the first meeting of the board of supervisors in July each year, furnish the board of supervisors and the assessor of the county in which the district is located, or if the district is not entirely within the county, then as otherwise…

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 board of directors in proportion to the value of the real property included within the district in each county. This value shall be determined from the …

If for any reason the board of directors fails to make and furnish the annual estimate of expenditures, the board of supervisors of the county in which the district was organized shall, at its first meeting in July thereafter, or at any adjournment thereof, prepare and furnish th…

A. The board of supervisors of each county in which a district or any part thereof is located shall annually, at the time of levying county taxes, levy a tax to be known as "(name of district) agricultural improvement district tax" sufficient to raise the amount reported to the b…

A. The tax levied by the board of supervisors shall be computed and entered on the assessment roll by the county assessor. If the board of supervisors fails to levy the tax, the assessor shall do so. B. The tax shall be collected at the same time and in the same manner as general…

The laws of the state prescribing the manner of levying and collecting taxes and the duties of the several county officers with respect thereto, so far as applicable and not in conflict with this article, shall apply to this article. County officers shall be liable upon their off…

A. When a parcel of land located in an agricultural improvement district is assessed for district taxes, the tax or any installment thereof may be paid separately and without at the same time paying other property taxes assessed and levied against the same property. The county tr…

The treasurer of each county in which an agricultural improvement district is wholly or in part located shall, on or before the fifteenth day of each month, pay to the treasurer of the district all monies of the district collected during the preceding month, and shall take the re…

There shall be a bond fund, a construction fund and a general fund. The treasurer of the district shall apportion all monies received into the fund corresponding with the purpose therein specified or for which such monies were paid.

A. Upon presentation of matured interest coupons to the district treasurer, he shall pay them from the bond fund. B. When the bond fund amounts to ten thousand dollars in excess of the amount sufficient to meet the matured interest coupons, the board of directors shall direct the…

A. The district treasurer shall disburse the money received from the county treasurer only upon warrants of the board of directors signed by the president and attested by the secretary. B. The district treasurer shall report in writing at each regular meeting of the board of dire…

The board of directors shall, on the first Tuesday in March each year, make and immediately thereafter publish a verified statement of the financial condition of the district, showing particularly the receipts and disbursements of the preceding year, together with the source of t…

Services provided by a county to an agricultural improvement district are subject to reimbursement pursuant to section 11-251.06.

As soon as practicable after the organization of an agricultural improvement district, or at any time thereafter when funds available have been exhausted and it is necessary to raise additional funds for such purposes, the board of directors shall estimate and determine the amoun…

A. Upon determining the amount of money necessary to be raised for any or all of the purposes set forth in section 48-2441, the board of directors shall immediately call an election at which shall be submitted to the electors of the district the question of whether or not the bon…

A. All bonds issued under the provisions of this article shall be payable in legal currency of the United States and shall be payable within forty years from the date of the bonds, but nothing in this section shall be construed to repeal the provisions of chapter 1, article 5 of …

A. The board of directors may sell the bonds from time to time in such amounts as may be necessary and most advantageous to raise the money to carry out the purposes specified in section 48-2441, or to carry out any of the objects and provisions of this chapter. Before making any…

A. All bonds issued under the provisions of this chapter shall be a lien upon the real property included in the district, and such bonds and the interest thereon shall be payable from the levy of taxes upon the real property included in the district. All the real property in the …

The powers conferred by this article are in addition and supplemental to the powers conferred by any other law, it being 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 …

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

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

In the exercise of the powers granted or permitted by law, the district shall have the additional power: 1. To issue its bonds to finance, in whole or in part, the costs of any undertaking. 2. To pledge to the punctual payment of the bonds and interest thereon the revenue of the …

A. To undertake, carry out and accomplish any or all 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 director…

A. All bonds and coupons issued under the provisions of 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 …

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

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 may, at any time after the issuance of bonds is authorized, 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 thereof for at least three days in a newspaper published in the c…

A. If a district has outstanding any bonds issued pursuant to this article or article 6 of this chapter, it may issue, by resolution of the board of directors, bonds to refund such outstanding bonds. Such bonds shall be designated "refunding bonds" and shall be secured by the rev…

A district may purchase its bonds authorized to be issued in this article out of any funds available therefor. 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 therewith shall be used, applied and disposed of as the board determines …

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

Notwithstanding any provisions of any other law to the contrary, all bonds, including refunding bonds, issued pursuant to this article shall constitute legal investments for savings banks, banks, savings and loan associations, trust companies, executors, administrators, trustees,…

In this chapter, unless the context otherwise requires, "same general system of works" means any system of drainage works, of whatever character, combination or construction and by whatever means operated, consisting of one or more connected or disconnected parts or portions, and…

When five or more holders of title or evidence of title to agricultural lands which are susceptible of drainage by the same general system of works desire to provide for the drainage of such lands, they may propose the organization of a drainage district under the provisions of t…

A. In order to propose the organization of a drainage district, a petition shall be presented to the board of supervisors of the county in which the lands within the proposed district, or the greater portion thereof, are located, signed by the required number of holders of title …

A. The equalized assessment roll of the county adopted next preceding presentation of the petition for organization of the drainage district shall be sufficient evidence of title for the purposes of this chapter, but no person who has received or acquired title to land within the…

A. At the time and place fixed for the hearing, or at the time and place to which the board of supervisors adjourns the hearing from time to time, not exceeding four weeks in all, and on the final hearing, the board shall make such changes in the proposed boundaries as deemed adv…

A. Any person interested who is a party to the record may appeal to the superior court in the county in which the petition is heard from the order of the board of supervisors provided for in section 48-2605, but if more than one appeal is taken they shall be consolidated for tria…

A. When the boundaries of the proposed district are defined and established, the board of supervisors shall make an order dividing the district into three or five divisions as nearly equal in size as practicable, which shall be numbered consecutively. One director, who shall be a…