48-175
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48-175. Approval of contract by real property taxpayers A. Notwithstanding the provisions of any general, special or local law, before any contract or agreement with the federal government becomes effective and binding upon the district, the contract or agreement shall be submitted to and approved by the vote of a majority of the real property taxpayers voting on the question of approving or disapproving the contract or agreement. The taxpayers shall also in all respects be qualified electors of this state and of the district affected by the question. The question may be submitted at a general, special or primary election. B. Notice of the time and place of a general or primary election shall be given in the manner provided by law therefor. If a special election is held, notice of the time and place thereof shall be given by posting notices in three public places in the district for at least ten days prior to the election, and if a newspaper is published in the county in which the office of the governing body of the district is located, by one publication of the notice at least ten days prior to the election. At any general, primary or special election at which the proposition is to be submitted, the election notice shall recite that the district proposes to enter into a contract or agreement with the federal government for a loan or grant of money to or for the benefit of the district or for the purchase or exchange by the federal government of bonds issued or to be issued by the district. The notice shall also recite the maximum amount of money that may be advanced by the federal government pursuant to the contract or agreement and the maximum amount, interest rate and maturities of any new bonds that may be issued by the district pursuant thereto, and shall state that a copy of the proposed contract or agreement is available for inspection by any elector of the district at the office of the governing body. C. At the election the ballots shall contain the words "Shall the proposed contract between the district and ________ and the issuance of any bonds thereunder be approved?" "Yes", "No", or other words equivalent thereto. If no bonds are to be issued pursuant to the contract, the words "and the issuance of any bonds thereunder" may be omitted from the question. Any special election shall be conducted and the votes canvassed in all respects as nearly as practicable in conformity with the provisions of law relating to the election of members of the governing body of the district. No informalities in conducting the election shall invalidate it if the election has been otherwise fairly conducted. D. A contract or agreement on which there has been an adverse vote may be resubmitted to the electors in the same or any modified form at a subsequent election. If the proposition voted upon is approved, no further or additional approval by the voters at an election or otherwise shall be required for the acquisition, construction, reconstruction, extension, improvement, betterment or repair of works, properties or undertakings of or for the district insofar as they are financed pursuant to the contract or agreement, or for any refunding, refinancing, retiring or reducing all or any part of the indebtedness of the district, or for the issuance of bonds by the district as provided in the contract or agreement, or for the levy of any taxes, assessments or other charges for the payment of any amounts payable by the district pursuant to the provisions of the contract or agreement or of principal and interest on any such bonds when they fall due. E. A sanitary district bond election under section 48-2020 or a sanitary district proceeding under chapter 14, article 2 of this title satisfies the requirements of subsection A of this section if, at the bond election, a majority of the qualified electors voting in the election approves, or if, under chapter 14, article 2 of this title, the owners of a majority of the frontage of the property along the proposed improvement do not file an objection to the proceedings, the contract or agreement with the federal government, as described in the resolution calling for the bond election under section 48-2020 or the resolution of intention to order the improvements under section 48-2044, is effective and binding on the sanitary district. |