48-1082. Elected board of directors; initial
members; qualifications; terms; filling vacancy;
chairperson
A. At the option of the board of supervisors after presentation of a petition
requesting the establishment of a road improvement and maintenance district, or on 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, but at least three, specified in
the petition for establishment of the district. The first directors of the 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 on the district board occurs due to 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 on 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 48-1086.
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.
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