A.R.S. tit. 48 ch. 11 — Arizona Revised Statutes Title 48 Chapter 11 — Power Districts

48-1501. Powers of district; same general system of works defined A. Power districts, after they are organized, shall have the powers, rights and duties which are conferred by law upon power districts. B. The same general system of works, as used in this chapter, means and includes any system for generating or distributing power of whatever character, combination or construction, and by whatever means operated, consisting of one or more connected or disconnected parts, and having one or more outlets or other means of disposing of power generated or controlled by the works. 48-1502. Petition for organization; publication; notice; qualification of petitioners A. When five or more holders of title, or evidence of title, as provided by this section, to agricultural lands which are susceptible of cultivation by the same general system, or by individual system of works, desire to provide for the cultivation of such lands, they may propose the organization of a power district under the provisions of this chapter. B. In order to propose the organization of a power district, a petition shall be presented to the board of supervisors of the county in which the lands within the proposed district, or the greater portion thereof, are located, signed by the required number of holders of title, or evidence of title, to the land within the proposed district. C. The petition shall set forth and particularly describe the proposed boundaries of the district and shall pray that the lands therein be organized as a power district under the provisions of this chapter. The petitioners shall accompany the petition with a good and sufficient bond to be approved by the board of supervisors in the amount of the probable cost necessary to be incurred by the board of supervisors in organizing the district, conditioned that the obligors will pay all costs if the organization is not effected. D. The petition shall be presented at a regular meeting of the board of supervisors after having been published for at least three weeks prior to presentation in some newspaper printed and published in the county in which the petition is presented, together with a notice stating the date of the meeting of the board at which the petition will be presented. E. If any portion of the proposed district lies within another county or counties, the petition and notice shall be likewise published in a newspaper printed and published in each of the counties. F. Proof that the petition was signed by the persons whose names appear thereon and that notice of hearing was given by publication and posting may be made by the affidavits of persons having knowledge of the facts, which shall be filed with the board, and when so made and filed, shall be prima facie evidence that the petitioners are entitled to the hearing prayed for in the petition and of the truth of all matters set forth in the petition. G. The county equalized assessment roll adopted next preceding presentation of the petition for organization of the district shall be sufficient evidence of title for the purposes of this chapter, but no person who has received or acquired title to land within the proposed district for the purpose of enabling such person to join in the petition, or to become an elector of the district, shall be allowed to sign the petition or to vote at any election to be held in the district. H. The illegal signing of a petition shall not invalidate the petition when a sufficient number of other legal petitioners join in signing the petition. 48-1503. Hearings on petition; determination of boundaries A. The board of supervisors shall hear the petition when it is presented, but may adjourn the hearing from time to time not exceeding a total of four weeks. On the final hearing the board shall make such changes in the proposed boundaries as deemed advisable and shall define and establish boundaries by an order made and entered upon its minutes. The board shall not modify boundaries so as to exclude from the proposed district any territory which is susceptible of being furnished power for cultivation or manufacturing by the same system of works applicable to the other lands in the proposed district, nor shall any lands which will not, in the judgment of the board, be benefited by acquiring power by means of the same system of works be included within the proposed district. B. Any person whose lands are susceptible of cultivation by the same system of works may upon application, and in the discretion of the board, have his lands included within the proposed district. C. Upon hearing the petition, the board of supervisors shall by order determine whether or not the petition complies with the requirements of sections 48-1501 and 48-1502, and for that purpose shall receive and hear all competent and relevant evidence and testimony offered in support thereof or in opposition thereto. The order shall be entered upon the minutes of the board of supervisors. 48-1504. Appeal from order establishing boundaries of district A. Any person interested who is a party to the record may appeal to the superior court of the county in which the petition is heard from the order of the board of supervisors setting the boundaries of the proposed power district, but if more than one appeal is taken, they shall be consolidated and tried together. The appeal shall be taken within ten days after entry of the order upon the minutes of the board of supervisors. B. Appeals shall be taken and heard in the same manner as appeals from justice courts to the superior court in civil actions, except as otherwise provided by this section. C. Upon the appeal the superior court shall make and enter its judgment affirming, modifying or reversing the order appealed from. Within ten days thereafter the superior court shall transmit a certified copy of the judgment to the board of supervisors, and if the order of the board has been modified or reversed, the judgment of the superior court shall direct what order the board shall enter. The judgment shall be filed by the clerk of the board of supervisors and at the first regular meeting of the board thereafter it shall cause to be entered in its minutes the judgment and order as directed by the superior court. D. The appeal shall be heard and determined within thirty days from the date of filing the notice of appeal. 48-1505. Division of district; number of directors A. When the boundaries of the district are defined and established, the board shall, if so requested in the petition, make an order dividing the district into three divisions as nearly equal in size as practicable. The divisions shall be numbered consecutively and known as "first division," "second division" and "third division." The board of supervisors shall not divide the district into divisions unless specifically requested in the petition. If the district is divided there shall be one director who is an elector and a resident freeholder of the division elected in each division as provided by this article. In addition to the three directors elected from the divisions, two directors who are resident electors and freeholders of the district shall be elected at large by the qualified electors of the district. B. If the district is not divided into divisions at the time of organization, the board of directors shall consist of five members to be elected at large, who are resident electors and freeholders of the district. 48-1506. Election upon question of organization; polling places; election officials A. If upon the hearing as provided by section 48-1503 the prayer of the petition is granted, the board of supervisors shall by further order, duly entered upon its minutes, call an election of the qualified electors of the proposed district for the purpose of determining whether the proposed district shall be organized under the provisions of this chapter. B. If division is made as provided in section 48-1505, the board of supervisors shall designate at least one polling place in each division and shall name one or more persons qualified as electors in each of the three divisions of the proposed district to be voted for as directors therein. C. The board of supervisors shall also name three judges of the election to be so held for each of the divisions, one of whom shall act as clerk of the election. Persons so named by the board as candidates or directors shall be nominated by petition as provided by this chapter. 48-1507. Notice of election A. The board of supervisors shall cause a notice embodying in substance the order provided by section 48-1506, signed by the chairman and clerk of the board, to be issued and published, giving public notice of the election, the time and polling places, and specifying the matters to be submitted to the vote of the electors of the proposed district. The notice shall be published once a week for at least three weeks prior to the election in a newspaper of general circulation in the county. B. If any portion of the proposed district lies within any other county or counties, the order and notice shall be published in a newspaper of general circulation published in each of the counties. A copy of the notice shall be posted in at least one conspicuous place in each of the divisions of the proposed district for at least two weeks prior to the election. 48-1508. Qualifications of electors A. No person shall be entitled to vote at any election held under the provisions of this chapter unless he possesses all the qualifications required of electors for state offices under the general election laws, and is the owner of real property located within the boundaries of the district on which he has paid taxes as shown by the county tax roll next preceding the date of the election. B. A bona fide claimant to an incompleted title under the public land laws of the United States, or of the state, shall be construed to be a bona fide owner of lands within the meaning of this chapter. 48-1509. Ballots; manner of voting A. The ballots to be used at the election for the formation of the district shall be supplied by the board of supervisors and shall be substantially as follows: "Power district, yes". "Power district, no." The ballots shall contain the names of the general electors to be voted for as directors from each division of the proposed district, and also the names of two electors to be elected as directors at large, with one blank space where the elector may write the name of any other general elector of the division for whom he desires to cast a vote as a director. B. One director shall be elected from each division of the proposed district, together with two elected at large from the entire district. C. The elector shall vote for one person only as division director and the two to be elected at large, and shall indicate his choice by placing the mark X opposite the name, question or proposal for which or against which he may wish to vote. If the board of supervisors has not divided the district into divisions for election purposes but has left the whole district as one, then each elector shall vote for five persons as directors. 48-1510. Opening and closing polls; determining and certifying result; powers of election judges A. The polls shall be open on the day of election at eight o'clock a.m. and remain open until six o'clock p.m. After closing the polls, the judges of the election shall ascertain the result of the vote and certify it in writing to the board of supervisors of the county which ordered the election within two days after the day of the election, and shall accompany the certificate with all the ballots used in the election and all records made thereof. B. If at the election any judge for any reason fails to act, the qualified electors present at the opening of the polls shall choose another judge who shall in all respects be qualified after selection to perform the duties prescribed by this article. C. The judges of the election may administer oaths for any purpose pertaining to the election, may decide upon the qualifications of electors, and shall make certificates respecting any matter concerning the election. 48-1511. Canvass of votes; order based on results; completion of district formation; qualification of directors A. The board of supervisors shall meet on the second Monday next succeeding the election and canvass the votes cast. If it appears that at least a majority of the votes cast at the election in the proposed district have voted "power district, yes," the board shall, by an order entered on its minutes, declare the district organized under the name and style previously designated, and shall declare the persons receiving the highest number of votes in each division of the district to be duly elected as division directors, and the two persons receiving the highest number of votes for candidates at large to be duly elected to represent the district at large. The order shall describe the boundaries of the whole district and particularly describe the lands finally included therein for district purposes. B. The board shall cause a copy of the order, including a map of the district showing the boundaries of the district and lands ordered to be included therein, duly certified by the clerk of the board of supervisors, to be immediately filed for record in the office of the county recorder of each county in which any portion of the lands is located. C. Upon recording such order, the organization of the district shall be complete, and the directors shall within fifteen days thereafter qualify in the same manner as in this chapter required of directors elected at any subsequent elections. The directors shall thereafter immediately enter upon the duties of their respective offices, and shall hold their offices for one year from January 1 next preceding the election, or until their successors are elected and qualified. 48-1512. Tie votes If two or more persons at an election receive the same number of votes for director from any division of the district, or from the entire district when elected at large, the choice of director shall be decided by lot between them, under supervision of the chairman of the board of supervisors. 48-1513. Contest of elections; appeal to supreme court A. The organization or election provided by this article may be contested by any person owning property within the district liable to assessment for purposes of the district within twenty days after canvass of the votes and declaration of the result by the board of supervisors. The directors elected at the election shall be made parties defendant. B. The contest shall be brought in the superior court of the county where the petition for organization is filed, but if more than one contest is pending, they shall be consolidated and tried together. The court shall try the contest without delay, and shall determine whether the election was fairly conducted in substantial compliance with the requirements of this article and enter judgment accordingly. C. Either party to the record may appeal to the supreme court within thirty days from entry of judgment. The appeal shall be heard and determined by the supreme court within sixty days from the time of filing the notice of appeal. 48-1514. Division of district subsequent to organization A. At any time a majority of the owners in fee of all the lands constituting the district may file with the board of directors of the district a petition praying that the district be divided into divisions. The board of directors shall at least thirty days prior to the next succeeding regular election of directors, make an order dividing the district into three divisions as nearly equal in size as practicable and the divisions shall be numbered consecutively. B. One director who is an elector and a resident freeholder of the division shall be elected by each division as provided by article 3 of this chapter. In addition to the three directors, two directors who are resident electors and freeholders of the district shall be elected at large by the qualified electors of the district. 48-1515. Limitation on subsequent formation of new district A. The board of supervisors of a county in which any portion of a proposed district is located shall not permit the organization of said district if it includes any portion of the lands of another district organized under this chapter, or of a territory served by a public service corporation, electric cooperative, agricultural improvement district or municipal corporation or allocated to a public service corporation, electric cooperative, agricultural improvement district or municipal corporation, either by a certificate of convenience and necessity or a territorial agreement which has been approved by the Arizona corporation commission, if said other district, public service corporation, electric cooperative, agricultural improvement district or municipal corporation is providing, or capable of providing, power to said lands or territory susceptible of use for cultivation or manufacturing. B. A district may nevertheless be organized if the other district, public service corporation, electric cooperative, agricultural improvement district or municipal corporation consents thereto by action duly taken by its governing body, or if said other district, public service corporation, electric cooperative, agricultural improvement district or municipal corporation is not capable of adequately providing power to said lands susceptible of use for cultivation or manufacturing. 48-1516. Districts organized under prior law The provisions of this chapter shall apply to any district organized prior to March 26, 1919 which elects to come under the provisions of this chapter by a majority vote of the electors of the district at an election held under the provisions of the law under which the district was incorporated. 48-1517. Inclusion or exclusion of lands; procedure; costs A. For the purpose of determining the permanent inclusion of additional lands within the district or excluding lands from the district, petitions by the owners of lands may be filed with the board of directors. B. The petitions shall give a description of the lands to be affected, stating the action desired and the reason for the action, and they shall be sworn to by petitioners. At the time of filing the petitions there shall be paid to the secretary an amount sufficient to cover the estimated expenses of publishing the notice and the hearing. C. When petitions are presented requesting the inclusion of lands, the board of directors shall require as a condition precedent to granting the petitions that petitioners severally pay to the district the respective sums, as nearly as estimated by the board, as the petitioners or their grantors would have been required to pay to the district as taxes for the payment of their pro rata share of the gross amount of all taxes thereon which may have been previously levied for district purposes, except for maintenance and upkeep. 48-1518. Notice of hearing on inclusion or exclusion of lands; objections; failure to object A. Upon filing the petitions provided by section 48-1517, and payment of estimated expenses, the secretary shall cause notice to be given and published once each week for three successive weeks in a newspaper published in the county where the office of the district is located, giving notice of filing of the petitions, the names of the petitioners, a description of the land, the prayer of the petitioners and the time and place of hearing the petitions, and requiring any person objecting for any cause to allowance of the petitions to file the objections in writing in the district office on or before the time fixed for the hearing and appear at such time in support of the objections. B. At the time and place mentioned in the notice, or at such time or times to which the hearing is adjourned, the board of directors shall proceed to hear the petitions and all objections filed thereto in writing by interested persons. Failure of any person to file objections in writing shall be deemed a consent to granting the petitions. 48-1519. Order granting or denying petition for inclusion or exclusion of land A. Upon the hearings, if the board of directors deems it for the best interests of the district to grant the petitions, it may do so, or may deny them, and in either event shall enter an order upon the records of the district recording the action taken. B. If an order is made either for inclusion or exclusion of lands, a certified copy of the order shall be recorded in the office of the county recorder and filed with the board of supervisors of each of the counties in which portions of the district are located. The recording and filing of the order shall constitute full legal force and effect of the order, and proof of the facts stated in the order shall be made in the same manner and with like effect as proof is made of the original order establishing the district. 48-1520. Rights of guardians, conservators, personal representatives or administrators relating to inclusion or exclusion of lands A guardian, conservator, personal representative or administrator of an estate who has qualified under the laws of this state and as such is entitled to possession of the lands belonging to the estate which he represents may sign the petition provided by section 48-1517 and appear and participate at the hearing as other signers of the petitions. 48-1521. Effect of inclusion or exclusion of lands The exclusion or inclusion of lands shall not impair the organization of any district organized under this chapter, nor in any manner impair, destroy or change its rights and privileges as a district, nor affect, impair or discharge any contract, obligation, lien or charge thereon. The particular lands of the district affected by any order of exclusion or inclusion shall not be relieved from any district contract, obligation, lien or charge for or upon which it was or might become liable or chargeable had the order of exclusion or inclusion not been made, but lands excluded by any order shall not be liable for district debts, or obligations thereafter contracted. 48-1522. Procedure to dissolve district; disposition of assets A. When a majority of the bona fide owners of land in a power district organized under this chapter petition the board of supervisors to call a special meeting for the purpose of submitting to the electors of the power district a proposition to vote on the dissolution of the power district, setting forth in the petition that all indebtedness of every nature whatever has been fully satisfied and paid, the board of supervisors, if it is satisfied that all indebtedness has been fully satisfied, shall call an election to decide the question of the proposed dissolution. The election shall be called, held, conducted and the results determined in the same manner as the election for the organization of the district. B. If the result of the election is in favor of dissolution, the board of supervisors shall make and record in its minutes an order dissolving the district. The board of supervisors shall certify and record the order in the same places and manner and with like effect as orders made, entered, certified and recorded affecting the organization of the district. C. If a power district is dissolved as provided by this section, the board of directors of the district in office at the time of dissolution shall assume control of all assets of the district, including all its rights and works, and shall control and manage them until the electors of the district organize and take over control and management thereof. 48-1541. Organization of board After the directors qualify, they shall organize as a board by electing a president and appointing a secretary. 48-1542. District office The office of the board of directors shall be located in the county where the organization of the district was perfected at a place determined by the board of directors. 48-1543. Meetings of board; inspection of records A. The board of directors shall hold regular quarterly meetings in their office on the first Tuesday in January, April, June and October, and such special meetings as are necessary for the transaction of business. Special meetings may be called by the president of the board, or any three directors. Meetings of the board shall be public, and three members constitute a quorum for the transaction of business. On questions requiring a vote, there shall be a concurrence of at least three members of the board. B. All records of the board shall be open to inspection by any elector during business hours. 48-1544. Compensation and expenses of directors and employees A. The compensation of members of the board of directors shall be determined by the board, but shall not exceed thirty dollars per day and actual and necessary expenses of attending board meetings, and a similar per diem and actual and necessary expenses while engaged in official business by order of the board entered on the records of the district. B. The board shall fix the amount of compensation to be paid the secretary. C. The board, upon the petition of fifteen per cent of the electors of the district, shall submit at any regular election a proposed schedule of salaries and fees to be paid. The petition shall be presented to the board twenty days prior to the time of giving notice of an election and the result upon the question shall be determined and declared as in elections upon other questions or proposals submitted under this chapter. 48-1545. Administrative powers of board; limitations on contracting power A. The board shall: 1. Adopt a seal. 2. Manage and conduct the affairs and business of the district. 3. Make and execute necessary contracts. 4. Employ such agents, attorneys, officers and employees as are required and prescribe their duties and compensation. 5. Establish equitable rules and regulations for distribution and use of power among the owners of the land. 6. Perform all acts necessary to carry out the purposes of this chapter. B. The board may, in addition to supplying power to the district proposed by the petition for formation of the district, construct, acquire, purchase, lease or condemn any and all power plants, power lines, generators, motors, transformers, poles, wires, pipe lines, engines, boilers, distributing systems, meters and any and all means for generating, distributing and measuring power, and rights of way or other property necessary for the use of the district, or acquire by condemnation or otherwise, the right to enlarge any power plant, power line or distributing system, already constructed or partly constructed. C. In case of the purchase of any property by the district, when it is proposed by the board of directors to purchase a system of power already constructed or partially constructed, to enlarge and complete the system to make it adequate to the needs of the district, the board may embody in one contract the details of the purchase and the enlargement and completion of the power system without inviting bids. D. In case of the purchase of such property by the district, the bonds of the district issued as provided by this chapter may be used at their par value in payment without previous offer of such bonds for sale. No contract involving a consideration exceeding ten thousand dollars, and not exceeding twenty-five thousand dollars, is binding unless the contract is authorized and ratified in writing by not less than one third of the qualified voters of the district according to the number of votes cast at the last district election. Any contract in excess of twenty-five thousand dollars is not binding until the contract has been authorized and ratified at an election in the manner provided for the issuance of bonds. E. The board of directors may lease or rent the use of power on contract for the delivery thereof to the occupants of other land not included within the district at such prices and on such terms as the board deems best, but the rental shall not be less than one and one-half times the amount of the district tax for which the land would be liable if within the district. No vested or prescriptive right to the use of such power shall attach to the land by virtue of the lease or rental. 48-1546. Other board powers; judicial proceedings; validity of organization A. The board may take conveyances for all property acquired by it under the provisions of this chapter in the name of the district for the purposes expressed in this chapter, and institute and maintain all actions and proceedings necessary or proper in order to carry out the provisions of this chapter, or enforce, maintain, protect or preserve all rights, privileges and immunities created by this chapter, or acquired in pursuance thereof. B. In all courts, actions, or proceedings the board may sue, appear and defend in person or by attorney in the name of the district. C. Judicial notice shall be taken by the courts of the state of the organization and existence of any power district of this state from and after the filing of record in the office of the county recorder of the certified copy of the order of the board of supervisors, as provided by section 48-1511. A certified copy of the order shall be prima facie evidence in all proceedings in any court in this state of the regularity and legal sufficiency of all acts, matters and proceedings therein recited. D. Any power district in respect to which any such order has been recorded in the office of the county recorder which has exercised the rights and powers of a power district, which has in office a board of directors exercising the duties of their office, and the legality and regularity of the formation or organization whereof has not been questioned by proceedings in quo warranto instituted in the superior court in the county in which the district or the greater portion thereof is located within one year from the date of recording such order, shall be conclusively deemed to be a regularly and legally organized, established and existing power district within the meaning of this chapter, and its due and lawful formation and organization shall not thereafter be questioned in any action or proceeding whether brought under the provisions of this chapter or otherwise. 48-1547. Exemption from antitrust statutes The provisions of title 44, chapter 10, article 1, shall not apply to any conduct or activity of a power district organized pursuant to this chapter, which conduct or activity is approved by a statute of this state or of the United States or by the corporation commission or an administrative agency of this state or of the United States having jurisdiction of the subject matter. 48-1548. Rules for distribution of power; ratio of distribution; diversion A. Rules and regulations for distribution of power among owners of the lands shall be printed upon adoption in convenient form for distribution in the district. B. All power distributed for irrigation, drainage, agricultural, domestic or manufacturing purposes shall be apportioned ratably to each land owner upon the basis which the ratio of the last assessment of the owner for district purposes within the district bears to the whole amount assessed upon the district. C. In case the power available in any district is insufficient at any time to supply all the lands of the district entitled thereto, the board of directors shall provide for the distribution of all available power upon certain or alternate days to different localities as the board deems for the best interest of all parties concerned and so that such available power shall be distributed in as nearly equal proportions as possible to all such lands of the district, subject to the laws of priority. D. This chapter shall not be construed as authority to any district or district officer to divert power of the district to the injury or damage of any person having a prior right to such power, prior to such time as the injury or damage has been ascertained and paid to the party who may be injured thereby, in proceedings under the laws of this state relative to taking private property for public use. 48-1549. Contract of district obligating owner of incompleted title to land to pay bonds and taxes A. The board of directors shall require all owners of lands within the district for which title to lands is incomplete at the time of the issuance of bonds to enter into a contract to the effect that such land owner shall, upon receiving title to such lands, permit the assessment of such lands for their proportionate share of the bonded assessment of the district, and, in the meantime, pay the proportionate share of all taxes levied by the board of directors. B. No vested or prescriptive right to the use of power shall attach to such lands by virtue of such contract until the contract provided by this section is entered into. C. The owner of the land shall, after executing the contract, if he is not delinquent in any taxes levied by the district upon such lands, be entitled to all the rights, privileges and benefits conferred upon the owners of other lands within the district, and as soon as such land owner has received title to the land, the owner shall ipso facto become liable for all existing obligations and indebtedness of the irrigation district as fully as if title had been held by the land owner at the time of the organization of the district. 48-1550. Use of public rights of way A. Power districts may use public streets, thoroughfares, highways and alleys and all other public ways not within towns, cities or municipal corporations under direction of the public officers in charge or control thereof. B. The district may: 1. Build pole lines, lay pipes or conduits and connections therewith necessary to carry out the purpose for which the district is formed. 2. Erect, maintain and operate over public roads and streets not within corporate limits of cities, and thoroughfares, highways and alleys and other public ways, poles, wires, conduits or conductors in connection therewith necessary to complete and effect the purposes of the power district. 48-1551. Construction of works across private and public property A. The board of directors may construct district works across streams of water, water courses, streets, avenues, highways, railways, canals, ditches, flumes, transmission lines, telephone or telegraph lines or private property, which the route of the power line or lines intersect or cross. B. If the board of directors and the persons owning or controlling any property, franchise right or other use of property so to be used or crossed, cannot agree on the amount to be paid for the taking, use or privilege of using such property, the amount shall be ascertained and determined in the manner provided for taking land for public uses. C. The district may locate, construct and maintain the works over, through or upon any of the lands which are the property of the state, under direction and supervision of the state land department. 48-1552. Right of entry to survey; acquisition of property for works A. The board and its agents and employees may enter upon any land in the district to make surveys and to locate and construct power lines and distributing systems, poles, wires, transformers, motors and all necessary appliances for generating, distributing or measuring power. B. The board may acquire lands, water rights, franchises and other property necessary to construct, use, maintain, repair and improve power plants, power lines, generating or distributing systems. The board may also, by purchase or condemnation, acquire rights of way for construction or enlargement of any of its power plants, power lines, generating or distributing systems and lands for power plant sites. 48-1553. Title to property held in trust; procuring power from without the state A. The title to all property acquired under this chapter shall immediately, and by operation of law, vest in the power district in its corporate name, and shall be held by the district in trust for the use and purposes set forth in this chapter. B. The board may hold, use, acquire, manage, occupy and possess the property as authorized by this chapter, but when a district organized under this chapter finds it necessary to procure and acquire a supply of electric or other power from without the boundaries of this state, the district may contract and pay therefor in the same manner as other property acquired by the district is purchased and paid for. 48-1554. Plans and specifications for construction; advertisement for bids; bid deposit; awarding contract; performance bond A. When plans and specifications for any construction, repair, alteration, extension, improvement or other district purpose have been adopted by the board of directors and ratified by the electors when the probable amount involved requires ratification, the directors shall give notice of the proposed work by publication of an advertisement for bids for at least two weeks in a weekly or daily newspaper published in each county in which portions of the district are located, and in such additional newspapers as the board deems advisable. B. The advertisement for bids shall set forth: 1. A general description of the proposed work. 2. That the plans and specifications may be seen at the office of the district. 3. The date and hour up to which the board will receive sealed proposals. 4. That the contract may be let to the lowest responsible bidder. 5. That the right will be reserved to reject any and all bids. 6. The time and place for opening bids. 7. That each bid shall be accompanied by a bid bond, deposit or certified check equal to ten per cent of the total bid. 8. That the bids will be opened in public. 9. That as soon as convenient thereafter the board may let the contract for the work, either in part or as a whole, to the lowest responsible bidder. C. At the time and place specified in the advertisement the board shall meet and consider the bids and shall within a reasonable time thereafter accept or reject all or any portion of any bid or may reject all bids, and shall return the deposits of unsuccessful bidders. The board may thereafter proceed to readvertise for the portions of the proposed project as to which no bids are accepted, or the board may proceed to perform the work so advertised under its direction and supervision. D. The board shall enter into contracts according to the accepted bids, and shall require from each person with whom such a contract is made to give such bond or bonds as are required under the provisions of title 34, chapter 2, article 2. Upon the bond being given and approved, prior deposits of the principal on the bond shall be returned. 48-1555. Conveyance or transfer to United States of irrigable lands within district included within federal reclamation project; election; terms of transfer A. When irrigable lands within a power district have been included within any federal reclamation project, or subdivision thereof, authorized for construction under the federal reclamation laws, and the appropriate authority of the United States government certifies that funds are available for commencing the construction of works in connection with the reclamation project, or subdivision thereof, the board of directors of the power district may convey, transfer and assign to the United States, such lands, interests in lands and other property of the district, including electric power lines and other facilities, as the secretary of the interior deems appropriate for the protection, development or improvement of the reclamation project. B. The power of conveyance accorded by this section shall not be exercised unless the conveyance has first been approved by a majority of the votes cast at a special election held in the district for the purpose of submitting the question of conveyance to the qualified electors of the district. The election shall be called by the board of directors of the district, and notice thereof shall be given by posting notices in three public places in each division of the district for at least twenty days prior to the date of the election and by publication of notice in a newspaper of general circulation published in the county in which the office of the board of directors is located, once a week for at least two successive weeks prior to the election. The notice shall specify the time and place of holding the election, and shall contain a general description of the character of the proposed property to be conveyed, transferred and assigned and a general statement of the reasons therefor. At the election the ballot shall contain the words "Shall the proposed conveyance, transfer and assignment of the district property to the United States be made?", "Yes", "No", or other words equivalent thereto. The election shall be conducted and canvassed in all respects as nearly as practicable in conformity with the provisions of law providing for the election of the governing body of the district. No informalities in conducting the election shall invalidate it if the election has been otherwise fairly conducted. C. If at the election the proposed conveyance, transfer and assignment is approved by a majority of the electors voting, the board of directors may convey, transfer and assign all or any part of the property referred to in the notice of election upon such terms and conditions as the board of directors in their discretion deem for the best interests of the district. 48-1556. Violations of duty by officer; classification An officer of a district who knowingly violates or neglects any duty imposed upon him by law is guilty of a class 2 misdemeanor. Any officer convicted under this section shall forfeit his office. 48-1571. Election of directors; term of office The regular election of the district for the purpose of electing a board of directors shall be held on the first Tuesday after the first Monday in December of each alternate year, at which time one director from each division in the district and two directors at large shall be elected for a term of two years. If two or more persons have the same number of votes, their terms shall be determined by lot under the direction of the chairman of the board of supervisors of the county in which the organization of the district has been perfected. The person receiving the highest number of votes in any division for any office to be filled at the election shall be deemed elected thereto. 48-1572. Nomination procedure A. Nominations of candidates at regular elections to the board of directors shall be by petition, in writing, signed by at least five bona fide owners of land in the power district who possess the qualifications of electors provided by section 48-1508. No person shall be entitled to sign the petition for nomination of a person for director except a bona fide land owner in the division from which the director is to be elected or for one of the directors elected at large which shall be designated in the petition. B. At elections held under the provisions of this article, no elector may vote for any director except the director who is to be chosen to represent the division on the board of directors, and the two directors to be elected at large. C. Petitions for nominations of directors shall be filed with the clerk of the board of supervisors twenty days before the time fixed for holding the regular election. 48-1573. Notice of election; election officers A. Fifteen days before an election held under this article, the secretary of the board shall cause notice specifying the polling places of each division to be posted in three public places in each election division, stating the time and place of holding the election. The secretary shall also post a general notice thereof in the office of the board. B. Prior to the time for posting the notices, the board shall appoint from each division from among the electors thereof three judges, one of whom shall act as clerk, who shall constitute a board of election for the division. If the board fails to appoint a board of election, or the members appointed do not attend the opening of the polls on the morning of the election, the electors of the division present at the hour named in the notice may appoint the board or appoint another person in place of an absent member. C. At the election the board of directors shall provide the judges with necessary election supplies, including ballots. 48-1574. Duties of election officers; opening and closing polls A. One of the judges of the board of election for each division shall be chairman of the election, and may: 1. Administer oaths required during the election. 2. Appoint judges and clerks if during the election a judge or clerk ceases to act. B. Any member of the board of election or clerk thereof may administer and certify the oath required to be administered during the progress of an election. Before opening the polls each member of the board shall take and subscribe to an oath to faithfully perform the duties imposed upon him by law. An elector of the division may administer and certify the oath. C. The polls shall be opened at eight o'clock a.m. and remain open until six o'clock p.m. of the same day. D. The clerk of the board of election shall forthwith deliver the returns duly certified to the board of directors of the district. 48-1575. Canvass of returns; postponement; declaration of result A. A list, tally paper or certificate returned from any election shall not be set aside or rejected for want of form if it can be satisfactorily understood. B. The board of directors shall meet at the district office on the first Monday after the election and canvass the returns. If at the time of meeting the returns from each division in the district in which the polls were open have been received, the board of directors shall canvass the returns, or if all the returns have not been received, the canvass shall be postponed from day to day until all returns have been received or until six postponements have been made. The canvass shall be made in public by counting the votes of the district for each person voted for and declaring the results thereof. C. The board shall declare elected the person receiving the highest number of votes cast for each office and shall declare the result of any questions or proposals submitted. 48-1576. Statement of results A. The secretary of the board shall, as soon as the result of an election is declared, enter in the records of the board, and file with the clerk of the board of supervisors of the county in which the office of the district is located, a statement of results disclosing: 1. A copy of the notice of the election. 2. The names of the judges of the election. 3. The total number of votes cast in the district and in each division of the district. 4. The names of the persons voted for. 5. The office for which each person was voted for. 6. The number of votes cast in each division for each candidate. 7. The number of votes cast in the district for each candidate. 8. The names of the persons declared elected. 9. The result declared on any question or proposal submitted in accordance with the majority of the votes cast for or against the question or proposal. 48-1577. Issuance of certificate of election; vacancy in office A. The secretary of the board shall immediately make out and deliver to the persons elected a certificate of election, signed by him and authenticated with the seal of the board. B. If a vacancy occurs in the board of directors by death, removal or disability resulting in inability of a director to discharge his duties properly, the vacancy shall be filled by appointment by the remaining members of the board. The appointee shall be a resident of the division in which the vacancy occurs if the director was elected from a division of the district, and if elected at large, the appointee shall be a qualified elector of the district. Upon failure or inability of the board to act within thirty days after the vacancy occurs, the vacancy shall be filled, upon petition of five electors of the division, by the board of supervisors of the county where the board of directors has its office. C. A director appointed to fill a vacancy shall hold office until the next general election of the district and until his successor is elected and qualified. 48-1578. Qualification as director A. Within ten days after receiving the certificates of election, the directors shall take and subscribe the official oath prescribed for public officers and file it with the clerk of the board of supervisors of the county in which the organization was perfected. On January 1 following their election the directors shall assume the duties of their respective offices. B. Each member of the board of directors shall execute an official bond in the amount of three thousand dollars which shall be approved by the chairman of the board of supervisors of the county in which the district was organized. The bond shall be filed with the clerk of such board at the time the oath is filed. C. The bond shall be in form prescribed by law for county officials, except that the obligee named in the bond shall be the district. 48-1579. Recall of director Any director elected or appointed under this article shall be subject to recall by the vote of a majority of the electors of the division which the director represents. The proceedings for recall shall be in all respects as provided by the constitution and laws of the state for the recall of county officers. 48-1591. County treasurer; duties The county treasurer of each county in which a district is located, in whole or in part, shall receive, collect and receipt for all district monies and for taxes levied under the provisions of this chapter. When tax monies of the district are received by the treasurer he shall receipt therefor by the fifteenth day of the month in the same manner as receipts are given for taxes upon real estate for county purposes. 48-1592. Annual estimate of taxes by board of directors A. The board of directors on or before June 1 each year shall prepare estimates of the amount of money required to meet the obligations of the district for the next fiscal year, including maturing bonds and interest, maintenance, operating and current expenses, together with such additional amount necessary to meet any deficiency in the payment of items of expenses incurred during the previous year, and to provide funds for purchases of lands sold for delinquent taxes. B. The estimates shall be fully itemized to show amounts required for each of the specified funds into which the money of the district is divided by the treasurer, and shall show the total amount of the itemized estimates. C. The estimates shall be entered in full upon the records of the district and a certified copy thereof transmitted to the board of supervisors of each county in which any lands of the district are located, together with a certified copy showing the total number of acres of taxable lands of the district, and a description of such portions thereof as are located in each of the counties respectively, and shall include therein all lands within the boundaries of the district, except those excluded pursuant to this chapter. 48-1593. Computation of tax rate; levy A. The board of supervisors of the county in which the office of the power district is located shall immediately upon receipt of the estimates of the total assessments of the district and the certificate of the board of directors certifying the total amount of money required to be raised by taxation, fix the rate of levy necessary to provide the amount of money required to pay the principal and interest of the bonds of the district as they become due, fix the rate necessary to provide the amount of money required for any other purposes of the district which are to be raised by the levy of taxes upon the real property of the district, and certify the respective rates of levy to the board of supervisors of any other county embracing any portion of the district. The levy shall be increased fifteen per cent to provide for delinquencies. B. The board of supervisors of each county in which a power district is located, in whole or in part, at the time of making the levy for county purposes, shall make a levy at the rate provided in subsection A of this section upon all real property in the district within their respective counties. C. All taxes or assessments levied under this chapter are special taxes and shall be liens upon the lands against which they are levied. When title to any land within the district is acquired under the land laws of the state or the United States, the amounts of any and all taxes levied as provided by this chapter which have been levied against the land and which remain unpaid, shall become immediately due and shall be collected as other delinquent taxes are collected. D. All the burdens, obligations, liabilities and liens existing against other lands in private ownership embraced within the district by reason of the organization of the district, or in any manner connected with, incident to, or arising from, or by reason of the existence of the district, are extended with full effect to and upon any and all lands possessed and held by virtue of a certificate of purchase issued by the state land department. 48-1594. Entry of district assessment on tax rolls; classification of lands A. In each county in which any portion of the lands included within a district are located, the property tax roll shall include entries for assessments and special taxes levied upon lands of the district. B. The county assessor of each of the counties shall enter upon the rolls the property in the district assessed and taxed as required by this chapter, a description of such lands subject to assessment by the district, the name of each owner of property and the number of acres of land in each assessment, or if the owners of such lands are unknown, the lands shall be assessed to the unknown owner. C. Immediately after the assessment has been made, the assessor shall return the total assessments to the board of supervisors of the county in which the office of the district is located. D. All lands within the district subject to taxation under this chapter shall be classed as agricultural lands and shall be valued by the assessor at the same value per acre, but in no event shall any land be taxed for power purposes which from any natural cause cannot be irrigated or is incapable of cultivation, unless the lands are used for residential, manufacturing or business purposes, in which event the lands shall be classed as agricultural lands and so assessed for the purposes of taxation under this chapter. 48-1595. Tax levy on failure to certify estimates; levy for unpaid indebtedness A. If the board of directors neglects, fails or refuses to provide the estimates and certificates as the basis for the levy and collection of taxes at any time, the board of supervisors of the county in which the office of the district is located shall make the levy in such amount as the board deems sufficient for the purpose of the district for any fiscal year. B. The board of supervisors, upon request of any person holding any matured, unpaid and undisputed evidence of district indebtedness, shall make such levy of taxes upon the taxable property of the district as will provide for payment of such indebtedness and any other indebtedness of the district as shown by such person to exist. Levies so made shall be collected and enforced in the same manner as property tax levies for general county purposes are made and collected. 48-1596. Delinquent taxes; sale of property for taxes A. All taxes assessed and levied under this chapter shall become due and delinquent and shall become a lien on the real property assessed at the same time as general county taxes. B. All provisions of the general revenue laws of the state providing for assessing, levying and collecting taxes on real estate for county purposes shall be applicable to the assessment, levy and collection of taxes for the purposes of this chapter, if applicable, including all remedies of such revenue laws for collecting delinquent taxes and provisions relating to sales of real property for delinquent taxes. C. At any sale of taxable property in the district for delinquent taxes, including lands held by a certificate of sale from the state land department, the district may become the purchaser thereof and hold title thereto with the same rights and powers as individuals. The board of directors of the district may provide district funds for such purchases and lease, sell, assign or otherwise dispose of the property so acquired for not less than an amount equal to the amount paid for the property, together with interest at the rate of six per cent a year from the date of purchase, and an amount equal to the pro rata of current taxes for district purposes during the period of ownership. D. If property so acquired by the district at tax sale has not been disposed of, then on petition of five qualified electors of the district the question of selling lands so held and unsold on other and different terms and conditions shall be submitted to the qualified electors of the district at the next regular election of the district, and the board of directors may then sell the lands upon the terms and conditions authorized at the election. 48-1597. Payment of taxes by evidences of indebtedness; release of lands from bonded indebtedness A. Payment of taxes levied for district purposes may be made with matured bond interest coupons or warrants of a district at their par value when the aggregate amount of the coupons and warrants does not exceed the total amount of taxes due and to which aggregate amount a money payment is made sufficient to pay the balance of the taxes. B. Payment of the amount necessary to be made for releasing any parcel or parcels of land from outstanding bonded indebtedness of the district may be made with district bonds, matured interest coupons or warrants, at their par value, or with an aggregate amount of warrants, bonds or interest coupons which singly, or in the aggregate, do not exceed the total amount necessary for release of such land, and to which aggregate amount a money payment is added sufficient to fully pay for release of such land. C. The treasurer of the district shall accept payment made as provided by this section, and upon receipt of any warrants, bonds or coupons, shall immediately cancel them and they shall not thereafter be reissued, negotiated or circulated for any purpose. 48-1598. Issuance of certificate of release upon payment of bonded indebtedness; exception Upon full payment of the indebtedness upon any parcel or parcels of land as provided by this chapter, the treasurer shall issue a certificate reciting the fact of such payment and deliver the certificate to the person making the payment. The certificate may be recorded in the office of the county recorder of the county in which the parcel or parcels of land are located and from delivery thereof the certificate shall operate as a release and discharge of the lands described therein from any further taxation to meet payments of principal or interest upon district bonds then outstanding, except in the event of default of the district in payment of the bonds at maturity, taxes may be levied on such parcel or parcels of land to meet the deficiency. If property so released is taxed to pay the def