19-2768.   Same; election to authorize general levy, when; bond issue;notice; canvass of return.That upon filing of the engineer's report provided for in the nextpreceding section, the board of directors shall carefully examine andconsider same; and if they approve the same and determine that the proposedwork or any part thereof ought to be done, and the cost thereof defrayed byissuing bonds to be paid by general taxation, and that the estimated costthereof does not exceed the amount for which such bonds may be issued, thenthe board of directors shall proceed forthwith to call a special electionas herein provided to vote upon the question of issuing such bonds, and ifthe issue of bonds be authorized by the electors, then the board ofdirectors shall cause such work to be done and authorize the issuance ofbonds to pay all costs thereof, including legal, engineering and otherspecial costs: Provided, That no such election shall be required uponthe question of issuing such bonds if the owners of all of the land locatedwithin the district shall give their consent thereto in writing. Suchstatement of consent shall specify the amount of bonds, the rate ofinterest the same shall bear and the purpose for which the proceeds are tobe expended. That whenever the board of directors deem it necessary toauthorize the issuance of bonds to be paid by general taxation, which issuerequires the sanction of the taxpayers, it shall make an entry on itsjournal so declaring and an order calling an election for that purpose;such order shall specify the amount of bonds necessary to be issued, therate of interest the same shall bear, the time when payable and the purposefor which the proceeds are to be expended, the time and place where suchelection is to be held, and shall appoint judges and clerks to conduct thesame: Provided, That unless consented to in writing by the owners ofat least ninety percent (90%) of the total area of land in the improvementdistrict, no such district shall have the power to authorize the issuanceof bonds to be paid by a general levy or the levy of special taxes orassessments nor to levy special taxes or assessments where the density ofpopulation thereof, as determined by the county clerk of the county inwhich said district is situated, on the basis of the assessment rolls forthe last assessment made for said county does not exceed one (1) residentfor each five (5) acres of land, including platted land and unplatted land,situated within said district.

      A proclamation calling such election shall be published at least ten(10) days before the day fixed for holding the same, in some newspaperpublished in the county; such proclamation shall prescribe the form of theballot, state the time and place when and where the election will be held,and shall contain a copy of the order of the board of directors calling thesame; and at the time appointed the election shall be conducted, thereturns made and the results ascertained in the manner as provided by lawfor general county elections, except that the returns shall be made to andcanvassed by the board of directors of the district, and except as hereinotherwise provided. The board of directors shall meet and canvass thereturns of all such elections and declare the result, and if a majority ofthose voting at the election authorize the issuing of the bonds the boardof directors shall have power to authorize the issuance of the same andcause the work for which they were authorized to be done.

      History:   L. 1945, ch. 180, § 16; L. 1967, ch. 151, § 2; L. 1969, ch. 156, §11; L. 1974, ch. 122, § 15; March 18.