Resolution of intent; hearing

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48-5903. Resolution of intent; hearing

A. On receipt of the preliminary general plan for the district, the governing body of each municipal water provider shall consider a resolution of intent to form the district and shall hold a hearing to consider whether to call an election on the issue of formation of the district. If a municipal water provider is a private water company, the private water company and the governing body of each city, town or county in which any participating portion of the service area of the private water company is located shall each hold a hearing or a public meeting on whether to hold an election to form the district.

B. A municipal water provider shall provide notice of the hearing to consider whether to call an election by posting notice of the hearing in three public places within the boundaries of the participating portion of the municipal water provider's service area not less than twenty days before the hearing. Notice shall also be published in a newspaper of general circulation in the county once a week for two consecutive weeks before the hearing. The notice shall state:

1. The place of the hearing.

2. The time of the hearing.

3. The boundaries of the proposed district.

4. That a preliminary general plan is on file with the municipal water provider.

C. The hearing on whether to hold an election on the formation of the district shall be held at least twenty days but not more than forty-five days after adoption of the resolution of intent to form the district. If an election is approved, the election shall be held not earlier than six months after the formal approval of the election by the requisite governing bodies as prescribed by section 48-5904.


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