85-7-2013. Majority vote, petition, and protest requirements.

452 words·~2 min read·/mt/title-85/chapter-7/part-20/85-7-2013

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

85-7-2013 . Majority vote, petition, and protest requirements.

(1)Bonds provided for in 85-7-2012 through 85-7-2015 may not be authorized or issued by or on behalf of any irrigation district organized under this chapter or by an irrigation district on behalf of a subdistrict located in the district and a contract may not be made with the United States as provided in 85-7-1906 except on:

(a)approval by a majority vote of those voting on the question at an election conducted in accordance with Title 13, chapter 1, part 5, with votes cast and counted as prescribed in 85-7-1710 ;

(b)receipt of a petition signed by a majority in acreage of the holders of title or evidence of title to lands included within the district or, if the bonds are issued on behalf of or if the contract relates to a subdistrict, a majority in acreage of the holders of title or evidence of title to lands within the subdistrict;

(c)receipt of a petition signed by at least 75%, in number and acreage, of the holders of title or evidence of title to the lands who are residents of the county or counties in which lands of the district are situated or, if the bonds are issued on behalf of or if the contract relates to a subdistrict, at least 75% in number and acreage of the holders of title or evidence of title to the lands who are residents of the county or counties in which lands of the subdistrict are situated; or

(d)adoption of a resolution by the board of commissioners approving special taxes or assessments to repay bonds pursuant to 85-7-2048 following a determination that a protest as provided in 85-7-2045 by owners of assessed irrigable acres as determined by 85-7-2043 comprises no more than 50% of the special tax or assessment proposed to pay the costs of the suggested improvements.

(2)The petition must be addressed to the board of commissioners, set forth the aggregate amount of bonds to be issued and the purpose or purposes of the bonds, have attached to it an affidavit verifying the signatures to the petition, and be filed with the secretary of the board. When bonds are issued for the sole purpose of redeeming or paying the existing and outstanding bonds or warrants, or both, including delinquent and accrued interest, of the district, the bonds may be authorized and issued in the manner provided for by 85-7-2019 .

(3)In an election held for approval to allow a district or subdistrict to issue bonds or enter into a contract under this section, the voting majority must own at least 50% of the acreage included in the district or subdistrict.