42-17057. Computing new levy limits in the case of county division or consolidation; election on revised levy limit

A. In the event of a division of a county into two or more new counties or the consolidation of counties, the property tax oversight commission shall determine the maximum allowable levy of primary property taxes in each new county for the first full fiscal year after the new county governments are established by:

1. Computing the maximum levy allowable for the fiscal year under section 42-17051 for the old county or counties, assuming no division or consolidation had occurred.

2. Assigning that maximum amount to the new county, in the case of a consolidation, or apportioning that maximum amount among the new counties, in the case of a division, according to their respective net assessed limited property valuations.

B. The amounts thus assigned to the new counties are the levy limits for purposes of this article for that fiscal year.

C. On or before April 1 of the first full fiscal year after the new county government is established, the board of supervisors of a new county, by a two-thirds vote, may call a special election to submit a revised levy limit to the qualified electors of the county. The special election shall be held on the third Tuesday in May. Immediately after calling the election the board shall publicize and distribute to the registered voters of the county information regarding the date and polling places of the election and a comparison of the current levy limit and the proposed levy limit. The ballot shall be printed with the question " Shall the proposed levy limit be adopted for _______________ county?" followed by squares marked " yes" and " no" in which the voter may indicate a vote for or against the proposition. If a majority of the voters voting:

1. Approves the proposed levy limit, it shall be applied to the county for all purposes under this article for the next fiscal year and is the basis from which to determine the levy limit under section 42-17051 for subsequent fiscal years.

2. Rejects the proposed levy limit, the levy limit for the county assigned pursuant to subsection A of this section is the basis from which to determine the levy limit under section 42-17051 for subsequent fiscal years.