19-2871a.   Same; enlargement of district to include entire county;notice and hearing; determination; resolution; tax levies; bonded debt;protest petition; election, conduct of.If the board of county commissioners, on its own motion and orderdetermine that it may be in the interest of Johnson county and the parkdistrict to enlarge said district to include the entire county, or if theboard of county commissioners receives a petition from the park boardrequesting an enlargement of said district to include the entire county andstating that it is in the interest of said county and said district thatsuch enlargement shall occur, then upon the entry of said order by theboard of county commissioners or upon the filing of said petition by saidpark board, the board of county commissioners shall set a date for ahearing and direct the county clerk to publish a notice for three (3)consecutive weeks in a newspaper of general circulation in the district,the last publication to be at least five (5) days before the day fixed forthe hearing, which notice shall set forth the boundary of the area proposedto be added to the park district as set forth in the petition and statingthat a hearing will be held by the board of county commissioners on the dayand hour fixed by the board of county commissioners. At the hearing theboard of county commissioners shall determine whether it is in the interestof Johnson county and said park district for the district to be enlarged toinclude the entire county. If the board of county commissioners determinesthat it is in the interest of Johnson county and said park district forsaid district to be so enlarged it may adopt a resolution setting forth itsfindings and adding all that area theretofore located outside of said parkdistrict but within Johnson county to said park district. Thereafter allassessed tangible property within said county shall be subject to all taxlevies of the district for maintenance, operation and improvements and forbond and interest maturities on future issues but shall not be liable norsubject to taxation for bonded indebtedness existing at the time such areais added. A copy of the resolution shall be filed with the county clerk anda copy shall be filed with the county treasurer.

      In the event of enlargement of said park district under the provisionsof this section, the resolution of enlargement shall not take effect if,within thirty (30) days of the last publication of notice of hearing on orbefore 5:00 o'clock p.m. of such day, a written petition of protest isfiled with said county clerk containing the signatures of ten percent (10%)of the qualified voters residing within the area proposed to be added tosaid park district, based upon the total votes cast for the office ofsecretary of state at the last general election. If such protest petitionis filed and the signatures are found to be genuine and the petition isfound to be valid then the resolution of enlargement shall not take effectunless and until the proposition for enlargement has been submitted to thevoters within the area proposed to be added to such district, either at aspecial election called for such purpose or at the next regular generalelection held within such area, as determined by the board of countycommissioners. Such elections shall be conducted as now provided forelections in such counties. In the event a majority of the voters of sucharea vote against the enlargement, the resolution of enlargement shall benull and void. If no sufficient protest petition is filed or in the event amajority of the votes cast at such election are in favor of theenlargement, then such resolution shall take effect on the expiration ofsaid thirty (30) days period or on such election approval, as the case maybe.

      History:   L. 1965, ch. 175, § 2; June 30.