7-22-2403. Creation of mosquito control district -- hearing required -- notice provisions. (1) Proceedings for the creation of a mosquito control district may be initiated by:
     (a) a resolution of intent adopted by the county commissioners; or
     (b) a petition signed by at least 10% of the qualified electors of the proposed district or 10% of the owners of any property within the boundaries whose names appear as property owners on the last-completed assessment roll of the county in which the proposed district is situated.
     (2) The resolution or petition must contain the boundaries of the proposed district and, in the case of a petition, must be accompanied by sufficient funds to defray the cost of mailing, publication, and posting of the notice required in subsection (4).
     (3) The commissioners by resolution shall set a time for a hearing at not less than 2 or more than 4 weeks from the time of the adoption of the resolution or the presentation of the petition unless additional time is needed to prepare a survey and study as authorized by this subsection. Before setting a time for a hearing, the commissioners may authorize a survey and study of the area to be included in the district by competent personnel and may submit a report of the study to the department of public health and human services for its review and recommendations.
     (4) (a) The commissioners shall mail a notice of the hearing provided for in this section, in the manner provided for in 7-1-2122, to each nonresident property owner and purchaser under contract for deed of taxable real and personal property within the proposed district.
     (b) The commissioners shall publish the notice of the hearing, as provided in 7-1-2121, in each county in which the territory of the proposed district lies.
     (c) The notice must state that any qualified elector or owner of property lying within the boundaries of the proposed district may appear before the commissioners at the time of the hearing and show cause why the district should not be created or may file a written objection to the creation of the district at any time before the date of the hearing.

     History: (1)En. Sec. 3, Ch. 183, L. 1953; amd. Sec. 1, Ch. 226, L. 1955; amd. Sec. 2, Ch. 337, L. 1973; amd. Sec. 1, Ch. 399, L. 1975; Sec. 16-4203, R.C.M. 1947; (2)En. Secs. 4, 5, Ch. 183, L. 1953; amd. Secs. 3, 4, Ch. 337, L. 1973; amd. Secs. 2, 3, Ch. 399, L. 1975; Secs. 16-4204, 16-4205, R.C.M. 1947; R.C.M. 1947, 16-4203(1), 16-4204(1), 16-4205(part); amd. Sec. 18, Ch. 249, L. 1979; amd. Sec. 32, Ch. 418, L. 1995; amd. Sec. 1, Ch. 73, L. 1997; amd. Sec. 1, Ch. 555, L. 2005.