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 municipality or county or any person appointed by the district board to be the district clerk pursuant to section 48-711. 2. " County" means a county that forms a […]
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 percent of the land area proposed to be included in the district, the governing body may adopt a resolution declaring its intention to form a community […]
48-703. Notice A. The clerk of the municipality or county shall execute a notice that shall read substantially as follows: To whom it may concern: The governing body of the (city) (town) (county) of __________, on (Date) , adopted the attached resolution declaring its intention to form a tax levying community facilities district. A hearing […]
48-704. Hearing on objections A. Within thirty days after adoption of the resolution of intent to form a district, any person claiming an interest in real property that the resolution discloses is situated in the district may file a written objection with the clerk of the municipality or county that adopted the resolution before 5:00 […]
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 benefited by the district or modifying the general plan and then ordering the formation of the district or determining that the district not be formed. A […]
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 the hearing may seek review of the order forming the district and the decision of the governing body at the hearing by filing, within thirty days after the […]
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 district not less than twenty days before the election. Notice shall also be published in a newspaper of general circulation in the municipality or […]
48-708. Formation; debt limitation; disclosure A. If the formation of the district is approved by a majority of the votes cast at the election, the governing body shall order the formation and if applicable, appoint the initial directors of the district board who are not members of the governing body, ex officio, set the district […]
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. Enter into contracts and expend monies for any public infrastructure purpose with respect to the district. 2. Enter into intergovernmental agreements as prescribed in […]
48-710. Perpetual succession The district has perpetual succession.
48-711. Records; district board; terms; vacancies; open meetings A. The district shall keep the following records that shall be open to public inspection: 1. Minutes of all meetings of the district board. 2. All resolutions. 3. Accounts showing all monies received and disbursed. 4. The annual budget. 5. All other records required to be maintained […]
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 any public infrastructure purpose.
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 in the district by the municipality or county pursuant to article 2 of this chapter or the exercise by the municipality or county of any of […]
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 in the district, given in the manner prescribed for the formation hearing, adoption of a resolution of intention to do so by the […]
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 that shall be prepared by engineers and other qualified persons and that shall include a description of the public infrastructure to be constructed or acquired and all other information useful […]
48-716. Budget On or before July 15 each year, the treasurer shall prepare a proposed budget for the ensuing fiscal year to be submitted to the district board for approval. The district board shall indicate its approval of the budget by resolution, which shall provide for a hearing on the budget as approved. Notice of […]
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 received from the sale of bonds of the district. 2. Monies of the municipality or county contributed to the district. 3. Annual tax levies. 4. Special assessments. 5. State […]
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 any general obligation bond election and any special assessments levied by the district. Copies of all such information shall be provided to the state real estate department.
48-719. General obligation bonds; tax levy; security A. At any time after the hearing on formation of the district, the district board, or, if before formation, the governing body, may from time to time order and call a general obligation bond election to submit to the qualified electors of the district or to those persons […]
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 the district board to issue revenue bonds of the district to provide monies for any public infrastructure purposes consistent with the general plan. B. If […]
