42-3202C. CHANGING STATUS OF DISTRICT. The board of directors of a water and/or sewer district may, at any time after the formation of such district, determine that the district qualifies as a recreational water and/or sewer district as defined under section 42-3202A, Idaho Code, and that it is in the best interest of the district to petition the court to change the district’s status to a recreational water and/or sewer district. Said petition must be filed in the office of the clerk of the court vested with jurisdiction, in a county in which the major part of the real property in the existing district is situated. The petition must be signed by the chairman of the district’s board of directors and shall set forth the following:
(1) The name of the existing district, date on which said district was formed and a general description of the district’s boundaries.
(2) That the petition was initiated after a majority vote of the board of directors that it is in the best interest of the district to change its status to a recreational water and/or sewer district.
(3) The criteria the district meets under section 42-3202A, Idaho Code, thereby qualifying it as a recreational water and/or sewer district.
(4) A prayer for changing the status of the existing district to that of a recreational water and/or sewer district.
Upon filing of the petition, the court shall by order fix a time and place for hearing as provided in section 42-3206, Idaho Code. Upon the hearing of said petition any interested persons or corporations may appear before said court and make objections to the proposed status change. Further, if it then shall appear that the petition for a change in status has been signed and presented as hereinabove provided and the allegations of the petition are true, the court shall by order duly entered of record, grant the prayed for change of status of the existing district.
History:
[42-3202C, added 1988, ch. 302, sec. 1, p. 958.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 32 - WATER AND SEWER DISTRICTS
Section 42-3201 - DECLARATION OF PURPOSE.
Section 42-3202 - DEFINITION OF TERMS.
Section 42-3202A - RECREATIONAL WATER AND/OR SEWER DISTRICT — DEFINITION.
Section 42-3202C - CHANGING STATUS OF DISTRICT.
Section 42-3203 - JURISDICTION TO ESTABLISH DISTRICTS.
Section 42-3204 - PETITION — CONTENTS — AMENDMENTS.
Section 42-3205 - BOND OF PETITIONERS.
Section 42-3206 - NOTICE OF HEARING ON PETITION — JURISDICTION.
Section 42-3207 - HEARINGS ON PETITIONS — ELECTION FOR ORGANIZATION AND DIRECTORS.
Section 42-3208 - QUALIFICATION OF MEMBERS OF BOARD.
Section 42-3210 - MEETINGS — VACANCIES.
Section 42-3211 - ELECTIONS — TERMS OF OFFICE.
Section 42-3211a - EXPIRATION OF TERM.
Section 42-3211b - DECISION TO ESTABLISH BOARD DIRECTOR ZONES.
Section 42-3212 - GENERAL POWERS OF BOARD.
Section 42-3214 - LEVY AND COLLECTION OF TAXES.
Section 42-3215 - LEVIES TO COVER DEFAULTS AND DEFICIENCIES.
Section 42-3216 - OFFICERS TO LEVY AND COLLECT TAXES.
Section 42-3217 - SINKING FUND.
Section 42-3218A - SUBDISTRICTS — AUTHORITY TO ESTABLISH — ELECTION.
Section 42-3218B - ESTABLISHMENT.
Section 42-3218C - NATURE AND POWERS.
Section 42-3218D - INDEBTEDNESS — BOND ISSUES.
Section 42-3219 - EXCLUSION OF PROPERTY PETITIONED — HEARING — ORDER.
Section 42-3220 - LIABILITY OF PROPERTY INCLUDED OR EXCLUDED.
Section 42-3221 - ISSUANCE OF NEGOTIABLE COUPON BONDS — FORM AND TERMS.
Section 42-3222 - INDEBTEDNESS OF DISTRICT — SUBMISSION OF PROPOSITION TO ELECTORATE.
Section 42-3223 - NOTICE OF ELECTION.
Section 42-3224 - CONDUCT OF ELECTION — CANVASS OF RETURNS.
Section 42-3225 - EFFECT OF ELECTION — SUBSEQUENT ELECTIONS.
Section 42-3226 - CORRECTION OF FAULTY NOTICES.
Section 42-3227 - SEPARABILITY.
Section 42-3228 - BUDGET AND HEARING.
Section 42-3229 - NOTICE OF HEARING.
Section 42-3230 - PUBLIC INSPECTION OF BUDGET — TIME AND PLACE.
Section 42-3231 - QUORUM OF BOARD AT HEARING.
Section 42-3232 - VALIDATION OF ACTS TAKEN PURSUANT TO THIS CHAPTER.
Section 42-3233 - MERGER AUTHORIZED.
Section 42-3234 - MAJORITY VOTE REQUIRED.
Section 42-3235 - VOTING PROCEDURE.
Section 42-3237 - COURT ORDER DECLARING MERGER.
Section 42-3238 - PRIVATE COMMUNITY SEWER SYSTEM — PROPERTIES EXEMPT FROM OTHER TAXATION.
Section 42-3239 - DISSOLUTION OF A DISTRICT UPON TRANSFER OF ASSETS TO MUNICIPALITY.
Section 42-3240 - ANNEXATION OR WITHDRAWAL OF AREA IN A CITY.