48-1088. Conversion of road improvement and maintenance district; notice; costs
A. A county improvement district for which the road improvements are not built to the county standard, will not be accepted in the county road system and require ongoing maintenance may be converted to a district under this article by either of the following methods:
1. A board of supervisors, by resolution, may order conversion of a road improvement and maintenance district after a public hearing conducted with at least twenty days' notice mailed to the owners of real property in the county improvement district as shown on the most recent property tax assessment roll.
2. The owners of at least fifty per cent of the property that is subject to an assessment to pay for existing improvements in a county improvement district may petition the board of supervisors for a finding and an order that the county improvement district be converted into a road improvement and maintenance district, and after consideration of the petition the board, by resolution, shall order that conversion.
B. On adoption of an order for conversion as provided in subsection A of this section, a county improvement district is converted to a road improvement and maintenance district and from that date is subject to this article. Pursuant to section 48-1082, the board of supervisors shall specify the number of members to serve on the board of directors of the district and shall appoint the initial members.
C. All costs, expenses and attorney fees incurred by a county improvement district and by any petitioners in seeking the conversion of a county improvement district are a liability of the road improvement and maintenance district if conversion is ordered. If conversion is not ordered, all costs, expenses and attorney fees incurred by a county improvement district and by any petitioners in seeking the conversion of a county improvement district are a liability of the county improvement district.
D. All assets and liabilities of a converted county improvement district become the assets and liabilities of the road improvement and maintenance district. The road improvement and maintenance district is the successor in interest of the former county improvement district and succeeds to all rights, privileges and powers of the former county improvement district with full rights to collect any debt, liability, obligation or assessment owed to the former county improvement district and to levy assessments, issue bonds and levy and collect taxes for the payment of the general obligations of the district. A person shall not be relieved of any debt, liability, obligation or assessment to a county improvement district by reason of its conversion pursuant to this section.
E. For a road improvement and maintenance district that is converted pursuant to this section, the following apply:
1. Any petition that is submitted pursuant to subsection A, paragraph 2 of this section shall contain a statement substantially similar to the following:
This petition for conversion of a road improvement and maintenance district may result in roads that are not built to existing county construction standards, that will not be maintained by the county and that may be more expensive to maintain than roads that are built to county standards.
2. Roads that are constructed by the road improvement and maintenance district shall be built to a construction and design standard that costs at least twenty per cent of the likely cost of a similar road that is built to existing county standards.
3. For purposes of comparing the costs of any roads constructed or improved by a road improvement and maintenance district pursuant to this section, the county engineer shall determine the likely cost of a similar road that is built to existing county standards.
4. The county may require that any roads constructed or improved by a road improvement and maintenance district provide an easement for county emergency and service vehicles.
F. This section shall not be construed to affect the authority of a board of supervisors pursuant to section 48-1086.
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