48-1012. Elected board of directors; initial
members; qualifications; terms; filling vacancy; chairperson;
qualifications of electors
A. At the option of the board of supervisors after presentation of a petition
requesting the establishment of a domestic water improvement district or a domestic
wastewater improvement district, or upon the submission of a separate petition following
the establishment of an improvement district as prescribed by section 48-903, and
subsequent to the approval of the county board of supervisors, the district shall be
governed by an elected board of directors. The elected board shall consist of the number
of members, not less than three, specified in the petition for establishment of the
district. The first directors of such board shall be selected by the board of
supervisors at the time the district is established. Members of the board of directors
shall be qualified electors of the district and, after the members first appointed by the
board of supervisors, shall be elected by the qualified electors of the district.
B. Immediately after the selection and qualification of the first directors of the
board, the directors shall meet and divide themselves by lot into two classes as nearly
equal in number as possible. Directors of the first class shall serve for a term of four
years, and directors of the second class shall serve for a term of two years. Every
director shall continue to discharge the duties of office until a successor is appointed
and qualifies. Thereafter, at each regular election, one director for each expired term
shall be elected and shall hold office for a term of four years, and until a successor is
elected and qualifies. The dates of elections and of expiration of terms shall be
specified in the petition for establishment of the district.
C. If a vacancy in the district board occurs due to death or disability or any
other cause other than resignation, the board of directors of the district shall appoint
a qualified elector of the district to fill the office for the remaining portion of that
term. If there is a vacancy in the district board due to resignation, the district board
shall accept the resignation and appoint a qualified elector to fill the remaining
portion of that term of office. If the district board lacks a quorum for any reason for
more than thirty days, the county board of supervisors may revoke the authority of the
appointed or elected board of directors pursuant to section 48-1016.
D. The board of directors shall annually elect a chairperson from among its
members.
E. If only one person files or no person files a nominating petition for election
to fill a position on the board of directors of the district, the county board of
supervisors, by resolution, may cancel the election for that office and appoint the
person who filed the nominating petition to fill that position. If no person files a
nominating petition for an election to fill a district board office, the county board of
supervisors, by resolution, may cancel the election for those offices and those offices
are deemed vacant and shall be filled as otherwise provided by law. A person who is
appointed pursuant to this section is fully vested with the powers and duties of the
office as if elected to that office.
F. For the purposes of either a domestic water improvement district or a domestic
wastewater improvement district that is organized pursuant to this article and that
serves at the time of organization a population of ten thousand persons or less according
to the most recent United States decennial census, in addition to any other qualified
elector of the district, any natural person who is a qualified elector of this state and
who is a real property owner within the district is eligible to vote in a district
election without regard to that person's residency and shall be deemed a qualified
elector of the district for purposes of service on the board of directors.
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