7-16-2411. Creation of county park district. (1) Proceedings for the creation of a county park district may be initiated by:
     (a) a petition signed by 10% or more of the qualified electors of the proposed park district; or
     (b) a resolution of intent adopted by the county governing body, calling for the creation of a county park district.
     (2) The petition or resolution must contain:
     (a) the boundaries of the proposed district;
     (b) subject to 15-10-420, the proposed maximum property tax mill levy that could be levied on property owners within the district or the proposed maximum fee on each household within the proposed district for the operation of the district; and
     (c) the proposed number of members of the county park district commission. The number of members must be an odd number and may not be less than three.
     (3) When the territory to be included in the proposed district lies in more than one county, a petition must be presented to the governing body of each county in which the territory lies. Each petition must be signed by 10% or more of the qualified electors of the territory within the county proposed to be included in the district.
     (4) Upon receipt of a petition for the creation of a county park district, the county clerk shall examine it and within 15 days either reject the petition if it is insufficient under the provisions of subsection (1), (2), or (3) or certify that the petition is sufficient and present it to the county governing body at its next meeting.
     (5) The text of the petition or resolution must be published as provided in 7-1-2121 in each county in which the territory of the proposed district lies.
     (6) At the hearing, the county governing body shall hear:
     (a) testimony of all interested persons on whether a county park district should be created;
     (b) testimony regarding the proposed boundary, the property tax mill levy or proposed fee on each household within the proposed district, and the number of members of the district commission; and
     (c) any other matter relating to the proposed district.
     (7) After the hearing, if the county governing body determines that the proposed park district should be created, it shall by resolution:
     (a) set the boundaries of the proposed park district;
     (b) set the maximum mill levy or fee on each household for the proposed park district;
     (c) set the number of members to be on the district commission; and
     (d) call for an election on the question of whether to create the county park district. The election must be held in conjunction with a regular or primary election, provided that at least 75 days have elapsed between the adoption of the resolution and the election.

     History: En. Sec. 4, Ch. 377, L. 1985; amd. Sec. 2, Ch. 144, L. 1993; amd. Sec. 56, Ch. 387, L. 1995; amd. Sec. 1, Ch. 510, L. 1999; amd. Sec. 53, Ch. 584, L. 1999.