48-2942. Hearing on petition for inclusion of
lands; liability of petitioners for pro rata share of district
indebtedness; acceptance or rejection of petition; order of
inclusion
A. At the time and place mentioned in the notice, or at such time or times to which
the hearing may be adjourned, the board of directors shall proceed to hear the petition
for inclusion of lands and all objections thereto presented in writing to show cause why
the petition should not be granted. The failure of any person interested to show cause
shall be deemed consent to granting the petitions.
B. The board of directors may require as a condition precedent to granting the
petition that the petitioners severally pay, contract to pay or become liable for, any
bond issue assessments or other form of indebtedness theretofore incurred by the district
in the respective amounts as nearly as can be estimated by the board, which the
petitioners or their grantors would have been required to pay to the district as
assessments for the payment of their pro rata share of all such bonds or assessments and
the interest thereon, had such lands been included in the district at the time it was
originally formed or when the bonds were issued.
C. If the board of directors does not consider it to the best interests of the
district to include therein the lands described in the petition, it shall reject the
petition, but if the board deems it to the best interest of the district that such lands
or any part thereof be included, the board may order the district changed to include
therein the lands or any part thereof mentioned in the petition. The order of inclusion
shall describe the boundaries of the district with the lands so included, if the district
boundaries are thereby changed.
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