Article 27.--PUBLIC IMPROVEMENTS; IMPROVEMENT AND SERVICE DISTRICTS
19-2763.Same; organization of district by directors; officers, powers and
duties; county treasurer's duties; district treasurer's duties.
(a) As soon as practicable after they have qualified, the board of
directors
shall meet and select from their number a president, secretary and
treasurer. The board shall designate one of the members to act as
vice-president in case the regular president is absent and adopt rules and
bylaws to regulate the transaction of business which may be changed or
amended at their pleasure. The board shall adopt a seal, with which all
contracts executed by the board shall be authenticated. The president shall
preside at all meetings of the board when present and shall execute
contracts in the corporate name of the district. All contracts shall be
attested by the secretary and authenticated by the common seal of the
district. All of the transactions and proceedings of the board shall be
entered by the secretary in a journal to be kept by the secretary for that
purpose. The journal shall be open to inspection by taxpayers of the
district at all times, and the same, or duly authenticated copies thereof,
shall be admitted in all courts as evidence of such proceedings and
transactions.
(b) The treasurer of the district shall give a bond in such sum as shall
be fixed and with such sureties as shall be approved by the board of county
commissioners. Except as provided by subsection (c)
the treasurer will pay over to the county
treasurer of the county wherein the district is situated all funds received
as district treasurer. It shall be the duty of the treasurer to keep an
accurate account of all funds received and a detailed account of all
expenditures made by the district, and the record thereof shall at all
times be open to public inspection. On the first day of January and July of
each year, the treasurer shall prepare a full, complete and comprehensive
statement of the finances of the district, showing in full thereon the
amount of money expended during the last preceding half-year, the amount of
revenue received from all sources, the amount of cash then on hand, the
number of bonds sold and the number of bonds remaining unsold. The
statement of moneys expended shall be itemized, showing each warrant drawn,
to whom drawn, and the date and amount thereof. A copy of the statement
shall be published in the official county newspaper. The
treasurer shall have the power to receive and receipt special
assessments which any owner of land may desire to pay after confirmation of
report and before such assessments are certified to the county clerk, but
the treasurer shall deposit all funds so collected in the county
treasury to the credit of the district.
The county treasurer of the county in which the district is situated
shall receive, safely keep and pay out as hereafter provided all funds
belonging to the district and shall be liable upon the county treasurer's
official bond for such funds and for any default in the proper performance
of duty in that respect. The purchase price of all bonds sold for cash
shall be paid directly to the county treasurer who shall retain the same
and all taxes, special assessments and other funds of the district
collected or received thereby until paid out on written orders of the board
of directors. The county treasurer shall pay out of the funds received
thereby belonging to any district all written orders signed by the
president, countersigned by the treasurer, attested by the secretary and
authenticated by the seal of such district and shall cancel and retain all
orders so paid. The county treasurer shall keep an itemized account of all
orders paid thereby, showing the amount of each order, the person to whom
paid and the date of the payment.
(c) Subject to the provisions of subsection (d), the treasurer of an
improvement district shall have the powers and duties prescribed by this
subsection. The treasurer of the district, at the cost to the district, shall
furnish a surety bond in such sum as shall be fixed and with such sureties as
shall be approved by the board of directors of
the district, conditioned that
the treasurer will pay, according to law, all funds received by the treasurer
and will render a just and true account thereof whenever required by the board
of directors or by any provision of law. The treasurer shall deliver to any
successor in office or to any person authorized by law to receive the same, all
funds, books, papers and other things pertaining to or belonging to such
office. The bond required by this section shall be filed with the secretary of
the board. The treasurer shall keep an
accurate account of all funds received and a detailed account of all
expenditures made by the district, and the record thereof shall
be open to public inspection. On the first day of January and July of
each year, the treasurer shall prepare a full, complete and comprehensive
statement of the finances of the district, showing in full thereon the
amount of money expended during the last preceding half-year, the amount of
revenue received from all sources, the amount of cash then on hand, the
number of bonds sold and the number of bonds remaining unsold. The
statement of moneys expended shall be itemized, showing each warrant drawn,
to whom drawn, the date and amount thereof. A copy of the statement
shall be published
in a newspaper of general circulation within the district.
A copy of such statement also shall be filed with the county clerk of the
county in which such district is located.
The treasurer shall have the power to receive and receipt special
assessments which any owner of land may desire to pay after confirmation of
report and before such assessments are certified to the county clerk. The
treasurer shall deposit all funds so collected
in a fund created or designated for such purpose.
The treasurer of the district
shall receive, safely keep and pay out as hereafter provided all funds
belonging to the district and shall be liable upon the treasurer's
official bond for such funds and for any default in the proper performance
of duty in that respect. The purchase price of all bonds sold for cash
shall be paid directly to the treasurer of the district who shall retain the
same and all taxes, special assessments and other funds of the district
collected or received thereby until paid out on written orders of the board
of directors. The treasurer of the district shall pay out of the funds received
thereby all written orders signed by the
president, countersigned by the treasurer, attested by the secretary and
authenticated by the seal of such district and shall cancel and retain all
orders so paid. The treasurer of the district shall keep an itemized account
of all orders paid thereby, showing the amount of each order, the person to
whom paid and the date of the payment.
(d) The board of directors of any improvement district may adopt a
resolution
requesting that the treasurer of the district be authorized to exercise the
powers and duties prescribed by subsection (c). Such resolution shall be
mailed to the board of county commissioners. Upon receipt of such resolution,
the board of county commissioners may adopt a resolution authorizing the
treasurer of the district to exercise the powers and duties as requested by the
district. A copy of the resolution adopted by the board of county
commissioners shall be published at least once each week for two consecutive
weeks in a newspaper of general circulation with the district. If within 60
days after the date of the last publication of such resolution, a petition
signed by not less than 5% or 25 of the qualified electors, whichever is the
greater, in such improvement district is filed with the county election
officer, such resolution shall not become effective until the question
has been submitted to and approved by a majority of the qualified
electors of such improvement district voting at an election called and held for
such purpose. Such election shall be called and held in the manner provided by
the general bond law. All costs incurred by the county pursuant to this
subsection shall be paid by the district.
History: L. 1945, ch. 180, § 11; L. 1974, ch. 122, § 13;
L. 1986, ch. 105, § 1;
L. 1994, ch. 69, § 1; July 1.
Article 27.--PUBLIC IMPROVEMENTS; IMPROVEMENT AND SERVICE DISTRICTS
19-2763.Same; organization of district by directors; officers, powers and
duties; county treasurer's duties; district treasurer's duties.
(a) As soon as practicable after they have qualified, the board of
directors
shall meet and select from their number a president, secretary and
treasurer. The board shall designate one of the members to act as
vice-president in case the regular president is absent and adopt rules and
bylaws to regulate the transaction of business which may be changed or
amended at their pleasure. The board shall adopt a seal, with which all
contracts executed by the board shall be authenticated. The president shall
preside at all meetings of the board when present and shall execute
contracts in the corporate name of the district. All contracts shall be
attested by the secretary and authenticated by the common seal of the
district. All of the transactions and proceedings of the board shall be
entered by the secretary in a journal to be kept by the secretary for that
purpose. The journal shall be open to inspection by taxpayers of the
district at all times, and the same, or duly authenticated copies thereof,
shall be admitted in all courts as evidence of such proceedings and
transactions.
(b) The treasurer of the district shall give a bond in such sum as shall
be fixed and with such sureties as shall be approved by the board of county
commissioners. Except as provided by subsection (c)
the treasurer will pay over to the county
treasurer of the county wherein the district is situated all funds received
as district treasurer. It shall be the duty of the treasurer to keep an
accurate account of all funds received and a detailed account of all
expenditures made by the district, and the record thereof shall at all
times be open to public inspection. On the first day of January and July of
each year, the treasurer shall prepare a full, complete and comprehensive
statement of the finances of the district, showing in full thereon the
amount of money expended during the last preceding half-year, the amount of
revenue received from all sources, the amount of cash then on hand, the
number of bonds sold and the number of bonds remaining unsold. The
statement of moneys expended shall be itemized, showing each warrant drawn,
to whom drawn, and the date and amount thereof. A copy of the statement
shall be published in the official county newspaper. The
treasurer shall have the power to receive and receipt special
assessments which any owner of land may desire to pay after confirmation of
report and before such assessments are certified to the county clerk, but
the treasurer shall deposit all funds so collected in the county
treasury to the credit of the district.
The county treasurer of the county in which the district is situated
shall receive, safely keep and pay out as hereafter provided all funds
belonging to the district and shall be liable upon the county treasurer's
official bond for such funds and for any default in the proper performance
of duty in that respect. The purchase price of all bonds sold for cash
shall be paid directly to the county treasurer who shall retain the same
and all taxes, special assessments and other funds of the district
collected or received thereby until paid out on written orders of the board
of directors. The county treasurer shall pay out of the funds received
thereby belonging to any district all written orders signed by the
president, countersigned by the treasurer, attested by the secretary and
authenticated by the seal of such district and shall cancel and retain all
orders so paid. The county treasurer shall keep an itemized account of all
orders paid thereby, showing the amount of each order, the person to whom
paid and the date of the payment.
(c) Subject to the provisions of subsection (d), the treasurer of an
improvement district shall have the powers and duties prescribed by this
subsection. The treasurer of the district, at the cost to the district, shall
furnish a surety bond in such sum as shall be fixed and with such sureties as
shall be approved by the board of directors of
the district, conditioned that
the treasurer will pay, according to law, all funds received by the treasurer
and will render a just and true account thereof whenever required by the board
of directors or by any provision of law. The treasurer shall deliver to any
successor in office or to any person authorized by law to receive the same, all
funds, books, papers and other things pertaining to or belonging to such
office. The bond required by this section shall be filed with the secretary of
the board. The treasurer shall keep an
accurate account of all funds received and a detailed account of all
expenditures made by the district, and the record thereof shall
be open to public inspection. On the first day of January and July of
each year, the treasurer shall prepare a full, complete and comprehensive
statement of the finances of the district, showing in full thereon the
amount of money expended during the last preceding half-year, the amount of
revenue received from all sources, the amount of cash then on hand, the
number of bonds sold and the number of bonds remaining unsold. The
statement of moneys expended shall be itemized, showing each warrant drawn,
to whom drawn, the date and amount thereof. A copy of the statement
shall be published
in a newspaper of general circulation within the district.
A copy of such statement also shall be filed with the county clerk of the
county in which such district is located.
The treasurer shall have the power to receive and receipt special
assessments which any owner of land may desire to pay after confirmation of
report and before such assessments are certified to the county clerk. The
treasurer shall deposit all funds so collected
in a fund created or designated for such purpose.
The treasurer of the district
shall receive, safely keep and pay out as hereafter provided all funds
belonging to the district and shall be liable upon the treasurer's
official bond for such funds and for any default in the proper performance
of duty in that respect. The purchase price of all bonds sold for cash
shall be paid directly to the treasurer of the district who shall retain the
same and all taxes, special assessments and other funds of the district
collected or received thereby until paid out on written orders of the board
of directors. The treasurer of the district shall pay out of the funds received
thereby all written orders signed by the
president, countersigned by the treasurer, attested by the secretary and
authenticated by the seal of such district and shall cancel and retain all
orders so paid. The treasurer of the district shall keep an itemized account
of all orders paid thereby, showing the amount of each order, the person to
whom paid and the date of the payment.
(d) The board of directors of any improvement district may adopt a
resolution
requesting that the treasurer of the district be authorized to exercise the
powers and duties prescribed by subsection (c). Such resolution shall be
mailed to the board of county commissioners. Upon receipt of such resolution,
the board of county commissioners may adopt a resolution authorizing the
treasurer of the district to exercise the powers and duties as requested by the
district. A copy of the resolution adopted by the board of county
commissioners shall be published at least once each week for two consecutive
weeks in a newspaper of general circulation with the district. If within 60
days after the date of the last publication of such resolution, a petition
signed by not less than 5% or 25 of the qualified electors, whichever is the
greater, in such improvement district is filed with the county election
officer, such resolution shall not become effective until the question
has been submitted to and approved by a majority of the qualified
electors of such improvement district voting at an election called and held for
such purpose. Such election shall be called and held in the manner provided by
the general bond law. All costs incurred by the county pursuant to this
subsection shall be paid by the district.
History: L. 1945, ch. 180, § 11; L. 1974, ch. 122, § 13;
L. 1986, ch. 105, § 1;
L. 1994, ch. 69, § 1; July 1.
Article 27.--PUBLIC IMPROVEMENTS; IMPROVEMENT AND SERVICE DISTRICTS
19-2763.Same; organization of district by directors; officers, powers and
duties; county treasurer's duties; district treasurer's duties.
(a) As soon as practicable after they have qualified, the board of
directors
shall meet and select from their number a president, secretary and
treasurer. The board shall designate one of the members to act as
vice-president in case the regular president is absent and adopt rules and
bylaws to regulate the transaction of business which may be changed or
amended at their pleasure. The board shall adopt a seal, with which all
contracts executed by the board shall be authenticated. The president shall
preside at all meetings of the board when present and shall execute
contracts in the corporate name of the district. All contracts shall be
attested by the secretary and authenticated by the common seal of the
district. All of the transactions and proceedings of the board shall be
entered by the secretary in a journal to be kept by the secretary for that
purpose. The journal shall be open to inspection by taxpayers of the
district at all times, and the same, or duly authenticated copies thereof,
shall be admitted in all courts as evidence of such proceedings and
transactions.
(b) The treasurer of the district shall give a bond in such sum as shall
be fixed and with such sureties as shall be approved by the board of county
commissioners. Except as provided by subsection (c)
the treasurer will pay over to the county
treasurer of the county wherein the district is situated all funds received
as district treasurer. It shall be the duty of the treasurer to keep an
accurate account of all funds received and a detailed account of all
expenditures made by the district, and the record thereof shall at all
times be open to public inspection. On the first day of January and July of
each year, the treasurer shall prepare a full, complete and comprehensive
statement of the finances of the district, showing in full thereon the
amount of money expended during the last preceding half-year, the amount of
revenue received from all sources, the amount of cash then on hand, the
number of bonds sold and the number of bonds remaining unsold. The
statement of moneys expended shall be itemized, showing each warrant drawn,
to whom drawn, and the date and amount thereof. A copy of the statement
shall be published in the official county newspaper. The
treasurer shall have the power to receive and receipt special
assessments which any owner of land may desire to pay after confirmation of
report and before such assessments are certified to the county clerk, but
the treasurer shall deposit all funds so collected in the county
treasury to the credit of the district.
The county treasurer of the county in which the district is situated
shall receive, safely keep and pay out as hereafter provided all funds
belonging to the district and shall be liable upon the county treasurer's
official bond for such funds and for any default in the proper performance
of duty in that respect. The purchase price of all bonds sold for cash
shall be paid directly to the county treasurer who shall retain the same
and all taxes, special assessments and other funds of the district
collected or received thereby until paid out on written orders of the board
of directors. The county treasurer shall pay out of the funds received
thereby belonging to any district all written orders signed by the
president, countersigned by the treasurer, attested by the secretary and
authenticated by the seal of such district and shall cancel and retain all
orders so paid. The county treasurer shall keep an itemized account of all
orders paid thereby, showing the amount of each order, the person to whom
paid and the date of the payment.
(c) Subject to the provisions of subsection (d), the treasurer of an
improvement district shall have the powers and duties prescribed by this
subsection. The treasurer of the district, at the cost to the district, shall
furnish a surety bond in such sum as shall be fixed and with such sureties as
shall be approved by the board of directors of
the district, conditioned that
the treasurer will pay, according to law, all funds received by the treasurer
and will render a just and true account thereof whenever required by the board
of directors or by any provision of law. The treasurer shall deliver to any
successor in office or to any person authorized by law to receive the same, all
funds, books, papers and other things pertaining to or belonging to such
office. The bond required by this section shall be filed with the secretary of
the board. The treasurer shall keep an
accurate account of all funds received and a detailed account of all
expenditures made by the district, and the record thereof shall
be open to public inspection. On the first day of January and July of
each year, the treasurer shall prepare a full, complete and comprehensive
statement of the finances of the district, showing in full thereon the
amount of money expended during the last preceding half-year, the amount of
revenue received from all sources, the amount of cash then on hand, the
number of bonds sold and the number of bonds remaining unsold. The
statement of moneys expended shall be itemized, showing each warrant drawn,
to whom drawn, the date and amount thereof. A copy of the statement
shall be published
in a newspaper of general circulation within the district.
A copy of such statement also shall be filed with the county clerk of the
county in which such district is located.
The treasurer shall have the power to receive and receipt special
assessments which any owner of land may desire to pay after confirmation of
report and before such assessments are certified to the county clerk. The
treasurer shall deposit all funds so collected
in a fund created or designated for such purpose.
The treasurer of the district
shall receive, safely keep and pay out as hereafter provided all funds
belonging to the district and shall be liable upon the treasurer's
official bond for such funds and for any default in the proper performance
of duty in that respect. The purchase price of all bonds sold for cash
shall be paid directly to the treasurer of the district who shall retain the
same and all taxes, special assessments and other funds of the district
collected or received thereby until paid out on written orders of the board
of directors. The treasurer of the district shall pay out of the funds received
thereby all written orders signed by the
president, countersigned by the treasurer, attested by the secretary and
authenticated by the seal of such district and shall cancel and retain all
orders so paid. The treasurer of the district shall keep an itemized account
of all orders paid thereby, showing the amount of each order, the person to
whom paid and the date of the payment.
(d) The board of directors of any improvement district may adopt a
resolution
requesting that the treasurer of the district be authorized to exercise the
powers and duties prescribed by subsection (c). Such resolution shall be
mailed to the board of county commissioners. Upon receipt of such resolution,
the board of county commissioners may adopt a resolution authorizing the
treasurer of the district to exercise the powers and duties as requested by the
district. A copy of the resolution adopted by the board of county
commissioners shall be published at least once each week for two consecutive
weeks in a newspaper of general circulation with the district. If within 60
days after the date of the last publication of such resolution, a petition
signed by not less than 5% or 25 of the qualified electors, whichever is the
greater, in such improvement district is filed with the county election
officer, such resolution shall not become effective until the question
has been submitted to and approved by a majority of the qualified
electors of such improvement district voting at an election called and held for
such purpose. Such election shall be called and held in the manner provided by
the general bond law. All costs incurred by the county pursuant to this
subsection shall be paid by the district.
History: L. 1945, ch. 180, § 11; L. 1974, ch. 122, § 13;
L. 1986, ch. 105, § 1;
L. 1994, ch. 69, § 1; July 1.