2005 Idaho Code - 31-4304 — CREATION OF RECREATION DISTRICTS

                                  TITLE  31
                           COUNTIES AND COUNTY LAW
                                  CHAPTER 43
                             RECREATION DISTRICTS
    31-4304.  CREATION OF RECREATION DISTRICTS. A recreation district may be
created as follows:
    (a)  Any person or persons may file a petition for the formation of a
recreation district with the clerk. Such petition which may be in one (1) or
more papers shall clearly designate the boundaries of the proposed district,
shall state the name of the proposed district, shall state the maximum  tax
rate that would be imposed upon taxable property within the district or
planned unit development recreation districts, and shall be signed by not less
than twenty percent (20%) of the qualified electors resident within the
boundaries of the proposed district. The boundaries of the proposed district
shall include contiguous territory having market value for assessment purposes
of not less than five million dollars ($5,000,000) at the last preceding
county assessment and shall not include any area included within an already
existing recreation district. The petition shall be accompanied by a map
showing the boundaries of the proposed district.
    (b)  The clerk shall, within ten (10) days after the filing of such
petition and map, estimate the cost of advertising and holding the election
provided in this section and notify in writing the person or any one of the
persons filing such petition as to the amount of such estimate. Such person or
persons shall within twenty (20) days after receipt of such written notice
deposit such estimated amount with the clerk in cash, or such petition shall
be deemed withdrawn. If the deposit is made and the district is formed, the
person or persons so depositing such sum shall be reimbursed from the first
moneys collected by the district from the taxes authorized to be levied by
this chapter.
    (c)  Within thirty (30) days after the filing of such petition together
with such map and the making of such cash deposit, the county commissioners
shall determine whether or not the same substantially comply with the
requirements of this section. If the county commissioners find that there has
not been substantial compliance with such requirements, they shall enter an
order to the effect specifying the particular deficiencies, dismissing such
petition and refunding such cash deposit. If the county commissioners find
that there has been substantial compliance with such requirements, the county
commissioners shall forthwith enter an order to that effect and calling an
election, subject to the provisions of section 34-106, Idaho Code, upon the
formation of such proposed district as provided in this section.
    (d)  If the county commissioners order an election as provided in this
section, such election shall be conducted in accordance with the general
election laws of  the state, including the provisions of chapter 14, title 34,
Idaho Code. The county commissioners shall establish election precincts,
design and print elector's oaths, ballots and other necessary supplies,
appoint election personnel and by rule and regulation provide for the conduct
and tally of such election. Each qualified elector who is a resident of the
proposed district shall be entitled to vote in such election. The clerk shall
give notice of such election which notice shall clearly designate the
boundaries of such proposed district, shall state the name of the proposed
district as designated in the petition, shall state the date of such election
and the hours on such date which the polls will be open for receipt of
ballots, shall set forth the qualifications of electors, and shall state that
a map showing the boundaries of such district is on file in the office of the
clerk. Such notice shall be published for the first time, not less than twelve
(12) days prior to the election, and the second publication shall be made not
less than five (5) days prior to such election in a newspaper published within
the county.
    (e)  Immediately after such election, the judges at such election shall
forward the ballots and results of such election to the clerk. The county
commissioners shall canvass the vote within ten (10) days after such election.
If one-half (1/2) or more of the votes cast at such election are against the
formation of such district, the county commissioners shall enter an order so
finding and declaring that such district shall not be formed. If more than
one-half (1/2) of the votes cast at such election are in favor of forming such
district, the county commissioners shall enter an order so finding, declaring
such district duly organized under the name designated in such petition, and
dividing such district into three (3) subdivisions, as nearly equal in
population as possible, to be known as director's subdistricts one (1), two
(2) and three (3). The county commissioners shall cause one (1) certified copy
of such order to be filed in the office of the county recorder of such county
and shall cause one (1) certified copy of such order to be transmitted to the
governor. Immediately upon the entry of such order, the organization of such
district shall be complete.
    (f)  Upon receipt of a certified copy of the order of the county
commissioners, the governor shall appoint a qualified elector from each
director's subdistrict who shall constitute the first board of such district.
The appointees from director's subdistricts one (1) and two (2) shall serve
until the first district election thereafter held at which their successors
shall be elected and the appointee from director's subdistrict three (3) shall
serve until the second district election thereafter held at which such
appointee's successor shall be elected. The certificate of appointment shall
be filed with the clerk with a copy forwarded to each appointee.
    (g)  When the boundaries of the proposed district lie in two (2) or more
counties, the county commissioners of each county shall act separately in the
election and organization of that part of the proposed district contained in
their county but the county commissioners of each such county shall meet
together before calling such election, subject to the provisions of section
34-106, Idaho Code, and provide for uniform proceedings in each county and fix
the boundaries of each director's subdistrict in case such election shall
carry.
    (h)  After such election, the validity of the proceedings hereunder shall
not be affected by any defect in the petition or in the number or
qualification of the signers thereof, and in no event shall any action be
commenced or maintained or defense made affecting the validity of the
organization of such district after six (6) months have expired from the date
of entering the order declaring the formation of such district.