19-2871a. Same; enlargement of district to include entire county; notice and hearing; determination; resolution; tax levies; bonded debt; protest petition; election, conduct of.
19-2871a
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 order
determine that it may be in the interest of Johnson county and the park
district to enlarge said district to include the entire county, or if the
board of county commissioners receives a petition from the park board
requesting an enlargement of said district to include the entire county and
stating that it is in the interest of said county and said district that
such enlargement shall occur, then upon the entry of said order by the
board of county commissioners or upon the filing of said petition by said
park board, the board of county commissioners shall set a date for a
hearing 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 for
the hearing, which notice shall set forth the boundary of the area proposed
to be added to the park district as set forth in the petition and stating
that a hearing will be held by the board of county commissioners on the day
and hour fixed by the board of county commissioners. At the hearing the
board of county commissioners shall determine whether it is in the interest
of Johnson county and said park district for the district to be enlarged to
include the entire county. If the board of county commissioners determines
that it is in the interest of Johnson county and said park district for
said district to be so enlarged it may adopt a resolution setting forth its
findings and adding all that area theretofore located outside of said park
district but within Johnson county to said park district. Thereafter all
assessed tangible property within said county shall be subject to all tax
levies of the district for maintenance, operation and improvements and for
bond and interest maturities on future issues but shall not be liable nor
subject to taxation for bonded indebtedness existing at the time such area
is added. A copy of the resolution shall be filed with the county clerk and
a copy shall be filed with the county treasurer.
In the event of enlargement of said park district under the provisions
of this section, the resolution of enlargement shall not take effect if,
within thirty (30) days of the last publication of notice of hearing on or
before 5:00 o'clock p.m. of such day, a written petition of protest is
filed with said county clerk containing the signatures of ten percent (10%)
of the qualified voters residing within the area proposed to be added to
said park district, based upon the total votes cast for the office of
secretary of state at the last general election. If such protest petition
is filed and the signatures are found to be genuine and the petition is
found to be valid then the resolution of enlargement shall not take effect
unless and until the proposition for enlargement has been submitted to the
voters within the area proposed to be added to such district, either at a
special election called for such purpose or at the next regular general
election held within such area, as determined by the board of county
commissioners. Such elections shall be conducted as now provided for
elections in such counties. In the event a majority of the voters of such
area vote against the enlargement, the resolution of enlargement shall be
null and void. If no sufficient protest petition is filed or in the event a
majority of the votes cast at such election are in favor of the
enlargement, then such resolution shall take effect on the expiration of
said thirty (30) days period or on such election approval, as the case may
be.
History: L. 1965, ch. 175, § 2; June 30.