Title 7 — COUNTIES

Terms used in this chapter mean: (1) "Board" or "board of supervisors," the governing board of the district; (2) "Bond," any general obligation bond, assessment bond, refunding bond, revenue bond, and other obligation in the nature of a bond as is provided for in this chapter, as…

The board shall schedule an election of board members to be held on or before: (1) The date of the first general municipal election after the tenth anniversary of the formation of the district; or (2) The first general municipal election after the board receives notice of certifi…

All elections pursuant to this chapter shall be conducted, canvassed, recounted, and contested as other elections under the general municipal election laws of this state. All election costs are to be borne by the improvement district. Source: SL 1989, ch 59 , § 11.

Candidates seeking election to office shall conduct their campaigns in accordance with the provisions of Title 12. Source: SL 1989, ch 59 , § 12.

The improvement district supervisor of elections shall appoint the inspectors and clerks of elections, prepare and furnish the ballots, designate polling places, and canvass the returns of the election. Source: SL 1989, ch 59 , § 13.

Members of the board shall be known as supervisors and, upon entering into office, shall take and subscribe to the oath of office as prescribed by law. They shall hold office for the terms for which they were elected or appointed and until their successors are chosen and qualifie…

A majority of the members of the board constitutes a quorum for the purposes of conducting its business and exercising its powers and for all other purposes. Action taken by the district shall be upon a vote of a majority of the members. Source: SL 1989, ch 59 , § 15.

As soon as practicable after each election or appointment, the board shall organize by electing one of its members as chairman and by electing a secretary, who need not be a member of the board, and such other officers as the board may deem necessary. Source: SL 1989, ch 59 , § 1…

Each member of the board of supervisors shall receive an amount not to exceed one hundred dollars per month or an amount established by the electors at referendum. In addition, each supervisor shall receive travel and per diem expenses as set by the board. Source: SL 1989, ch 59 …

The board shall employ, and fix the compensation of, a district manager. The district manager shall have charge and supervision of the works of the district and shall be responsible for preserving and maintaining any improvement or facility constructed or erected pursuant to the …

It is not a conflict of interest for members of the board, the district manager or other employee of the district to be a landowner, or a stockholder, officer, or employee of a landowner. Source: SL 1989, ch 59 , § 19; SL 1991, ch 64 , § 2.

A petition for the establishment of an improvement district shall be filed with the auditor of each county in which the proposed district is located. The petition shall contain: (1) The legal description of the property of the district; (2) The written consent by the owner or own…

The district manager may hire or otherwise employ and terminate the employment of such other persons, including, without limitation, professional, supervisory, and clerical employees, as may be necessary and authorized by the board. The compensation and other conditions of employ…

The board shall designate a person as treasurer of the district, who is in charge of the funds of the district. The funds may only be disbursed upon the order, or pursuant to the resolution, of the board by warrant or check countersigned by the treasurer and by such other person …

The board may select as a depository for its funds any qualified public depository as set out in §§ 9-22-6 and

If the board assumes the responsibility for providing utilities, the district shall have the powers provided in chapters 9-40 and 9-47 , insofar as such chapters relate to projects undertaken pursuant to subdivision 7-25A-7(21). Source: SL 1989, ch 59 , § 23.

The district at any time may obtain loans pursuant to chapter 9-25 , in such amount and on such terms and conditions as the board may approve, for the purpose of paying any of the expenses of the district or any costs incurred or that may be incurred in connection with any of the…

For the purpose of defraying costs and expenses, the district may issue negotiable notes, warrants, or other evidences of debt to be payable at such times, to bear such interest as the board may determine in compliance with law and to be sold or discounted at such price or prices…

To undertake, accomplish, and complete any project or projects within the powers granted the board, the board may issue and sell bonds and other forms of indebtedness in such amount as the board may determine, for the purpose of acquiring, constructing, completing, or remodeling,…

The board may make such provision with respect to the defeasance of the right, title, and interest of the holders of any of the bonds and obligations of the district in any revenues, funds, or other properties by which such bonds are secured as the board deems appropriate. The bo…

Notwithstanding any provisions of any other law to the contrary, all bonds issued under the provisions of this chapter shall constitute legal investments for savings and loans, savings banks, banks, trust companies, insurance companies, personal representatives, trustees, conserv…

A default on the bonds or obligations of a district does not constitute a debt or obligation of a local government or the state. Source: SL 1989, ch 59 , § 29.

Upon the filing of the petition, the county commission of the county in which the majority of land in which the proposed district is located shall schedule a hearing to hear objections to the petition, shall give notice of the time and place fixed for the hearing by publication o…

The board may levy and assess an ad valorem tax on all the taxable property in the district to construct, operate, and maintain projects; to pay the principal of, and interest on, any general obligation bonds of the district; and to provide for any sinking or other funds establis…

All ad valorem taxes provided for in this chapter shall become delinquent and bear penalties on the amount of such taxes in the same manner as county taxes. Source: SL 1989, ch 59 , § 31.

Interest on all bonds issued pursuant to this chapter is exempt from all taxes by the state or by any political subdivision, agency, or instrumentality thereof. Source: SL 1989, ch 59 , § 32.

The board may levy special assessments for the construction, reconstruction, or acquisition of projects authorized under this chapter using the procedures provided in chapter 9-43 . The district assessments may be made payable in thirty annual installments. Such special assessmen…

The provisions of chapters 10-21 , 10-22 , 10-23 , 10-24 , and 10-25 , shall be applicable to district taxes and special assessments with the same force and effect as if such provisions were expressly set forth in this chapter. Source: SL 1989, ch 59 , § 34.

To the full extent permitted by law, the district shall require all lands, buildings, premises, persons, firms, and corporations within the district to use the water management and control facilities and water and sewer facilities of the district. Source: SL 1989, ch 59 , § 35.

No such rates, fees, rentals, or other charges for any of the facilities or services of the district may be fixed until after a public hearing at which all the users of the proposed facility or services or owners, tenants or occupants served or to be served thereby and all other …

After the hearing, the schedule or schedules, either as initially proposed or as modified or amended, may be finally adopted. A copy of the schedule or schedules of the rates, fees, rentals, or charges as finally adopted shall be kept on file in an office designated by the board …

The rates, fees, rentals, and charges shall be just and equitable and uniform for users of the same class and shall be such as will produce revenues, together with any other assessments, taxes, revenues, or funds available or pledged for such purpose, at least sufficient to provi…

If any rates, fees, rentals, charges, or delinquent penalties have not been paid when due and have been in default for sixty days or more, the unpaid balance thereof and all interest accrued thereon, together with reasonable attorney's fees and costs, may be recovered by the dist…

The county commission, in considering the petition, shall determine whether all the following requirements have been met: (1) That all statements contained within the petition have been found to be true and correct; (2) That the creation of the district is not inconsistent with a…

The board may enter into contracts for the use of the projects of the district and with respect to the services and facilities furnished or to be furnished by the district. Source: SL 1989, ch 59 , § 40.

A petition for the expansion, termination, or contraction of an improvement district shall be filed with the county auditor of each county in which the district is located. The petition shall contain: (1) A copy of the order establishing the district; (2) A written consent to the…

The county commission of the county in which the majority of land in the area in which the district is located, upon petition, may order the expansion, termination, or contraction of an improvement district as provided by this chapter. Source: SL 1989, ch 59 , § 42; SL 1990, ch 5…

Upon the filing of the petition, the county commission shall schedule a hearing to hear objections to the petition and shall give notice of the time and place fixed for the hearing by publication once each week for two consecutive weeks in a newspaper of general circulation in ea…

The county commission after conducting a hearing pursuant to this chapter, shall consider the following: (1) Whether all statements contained within the petition have been found to be true and correct; (2) Whether all the debts will be paid or assumed prior to termination; (3) Wh…

Upon conclusion of the hearing, if the county commission determines all requirements of § 7-25A-44 have been satisfied, the commission may enter an order granting the expansion, termination, or contraction of the district and setting forth its findings and conclusions. Source: SL…

A certified copy of the order granting the petition for the expansion, termination, or contraction of a district shall be filed with the auditor and register of deeds of each county in which the district was located or will be located as a result of an expansion. Source: SL 1989,…

Upon conclusion of the hearing, if the county commission determines all requirements of § 7-25A-4 have been satisfied, the commission may enter an order granting the establishment of the district and setting forth its findings and conclusions. If an order is entered granting esta…

A certified copy of the order shall be filed with the register of deeds and auditor of each county in which the district is located. Source: SL 1989, ch 59 , § 6.

The district shall have, and the board may exercise, the following powers: (1) To sue and be sued in the name of the district; (2) To adopt and use a seal and authorize the use of a facsimile thereof; (3) To acquire, by purchase, gift, devise, or otherwise, real and personal prop…

No improvement district may purchase or sell a water or sewer utility that provides service to the public for compensation until the governing body of the improvement district has held a public hearing on the purchase or sale and made a determination that the purchase or sale is …

The board of the district may exercise the powers granted to the district pursuant to this chapter. The board shall consist of five to seven members. Each elected member shall hold office for a term of six years and until his successor is chosen and qualifies. The members of the …