48-175

48-175. Approval of contract by real property
taxpayers

A. Notwithstanding the provisions of any general, special or local law, before any
contract or agreement with the federal government becomes effective and binding upon the
district, the contract or agreement shall be submitted to and approved by the vote of a
majority of the real property taxpayers voting on the question of approving or
disapproving the contract or agreement. The taxpayers shall also in all respects be
qualified electors of this state and of the district affected by the question. The
question may be submitted at a general, special or primary election.

B. Notice of the time and place of a general or primary election shall be given in
the manner provided by law therefor. If a special election is held, notice of the time
and place thereof shall be given by posting notices in three public places in the
district for at least ten days prior to the election, and if a newspaper is published in
the county in which the office of the governing body of the district is located, by one
publication of the notice at least ten days prior to the election. At any general,
primary or special election at which the proposition is to be submitted, the election
notice shall recite that the district proposes to enter into a contract or agreement with
the federal government for a loan or grant of money to or for the benefit of the district
or for the purchase or exchange by the federal government of bonds issued or to be issued
by the district. The notice shall also recite the maximum amount of money that may be
advanced by the federal government pursuant to the contract or agreement and the maximum
amount, interest rate and maturities of any new bonds that may be issued by the district
pursuant thereto, and shall state that a copy of the proposed contract or agreement is
available for inspection by any elector of the district at the office of the governing
body.

C. At the election the ballots shall contain the words "Shall the proposed contract
between the district and ________ and the issuance of any bonds thereunder be
approved?" "Yes", "No", or other words equivalent thereto. If no bonds are to be issued
pursuant to the contract, the words "and the issuance of any bonds thereunder" may be
omitted from the question. Any special election shall be conducted and the votes
canvassed in all respects as nearly as practicable in conformity with the provisions of
law relating to the election of members of the governing body of the district. No
informalities in conducting the election shall invalidate it if the election has been
otherwise fairly conducted.

D. A contract or agreement on which there has been an adverse vote may be
resubmitted to the electors in the same or any modified form at a subsequent
election. If the proposition voted upon is approved, no further or additional approval
by the voters at an election or otherwise shall be required for the acquisition,
construction, reconstruction, extension, improvement, betterment or repair of works,
properties or undertakings of or for the district insofar as they are financed pursuant
to the contract or agreement, or for any refunding, refinancing, retiring or reducing all
or any part of the indebtedness of the district, or for the issuance of bonds by the
district as provided in the contract or agreement, or for the levy of any taxes,
assessments or other charges for the payment of any amounts payable by the district
pursuant to the provisions of the contract or agreement or of principal and interest on
any such bonds when they fall due.

E. A sanitary district bond election under section 48-2020 or a sanitary district
proceeding under chapter 14, article 2 of this title satisfies the requirements of
subsection A of this section if, at the bond election, a majority of the qualified
electors voting in the election approves, or if, under chapter 14, article 2 of this
title, the owners of a majority of the frontage of the property along the proposed
improvement do not file an objection to the proceedings, the contract or agreement with
the federal government, as described in the resolution calling for the bond election
under section 48-2020 or the resolution of intention to order the improvements under
section 48-2044, is effective and binding on the sanitary district.