48-2203. Formation of district; district impact statement; petition; hearing; notice; definition

A. Any person proposing to create a district shall prepare a district impact statement and submit the statement, with the petition prescribed in subsection B of this section, to the board of supervisors of the county in which the district is to be located. If a proposed district is located in more than one county, the impact statement shall be submitted to the board of supervisors of the county in which the majority of the assessed valuation of the property within the area of the proposed district is located. The boards of supervisors of any other counties in which a portion of the district is located shall provide information and assistance to the responsible board of supervisors. If the person proposing to create a district pursuant to this section is unable to complete the district impact statement, the board of supervisors may assist in the completion of the impact statement if requested to do so, provided the bond required in section 48-2204 is in an amount sufficient to cover any additional cost to the county. The district impact statement shall contain at least the following information:

1. A description of the boundaries of the proposed district and a detailed, accurate map of the area to be included in the district.

2. An estimate of the assessed valuation within the proposed district.

3. An estimate of the change in the property tax liability, as a result of the proposed district, of a typical resident of the proposed district.

4. A list and explanation of benefits that will result from the proposed district.

5. A list and explanation of the injuries that will result from the proposed district.

B. A petition requesting that a health service district be established by the board of supervisors in the county in which the district is to be located shall be filed with the clerk of the board if signed by ten per cent of the qualified electors within the proposed district and signed by persons owning collectively more than ten per cent of the assessed valuation of the property in the area of the proposed district. The petition shall be verified by one of the petitioners and shall be accompanied by a plat or sketch indicating the approximate areas and boundaries of the district.

C. The petition shall set forth:

1. The name of the proposed district.

2. That the public health, comfort, convenience, necessity or welfare will be promoted by the establishment of the district.

3. The boundaries of the district.

4. A general outline of the facilities and services to be offered by the district.

5. Other matters as required by this article.

D. Additional petitions with additional signatures may be filed before the hearing on the original petition and shall be considered as having been filed with the original petition.

E. A petition with the required number of signatures shall not be declared void on account of alleged defect, but the board of supervisors shall permit a petition to be amended in form and substance to conform to the facts and requirements of this section.

F. The clerk of each county shall maintain a list of property owners in the county who want to be notified of any proposed health service district affecting their current tax structure.

G. The petition shall be presented to the board of supervisors, and the board shall enter an order setting the time, at least three but not more than five weeks from the date of the order, at which time a hearing on the petition shall be held by the board, and directing that notice of the hearing shall be published once a week for at least two consecutive weeks before the date of the hearing in a newspaper of general circulation in the proposed district.

H. The clerk shall notify all property owners on the list regarding the pending hearing at least two but not more than three weeks from the date the board of supervisors ordered the hearing.

I. For purposes of this section " assessed valuation" does not include the assessed valuation of property that is owned by a county.