ID H0406

Annexation does not change the status of a recreational water and/or sewer district that meets the definition of having less than a majority of landowners residing within the district and at least 50% of land area in natural state or agricultural use.

Board of directors may elect by resolution to divide a water and/or sewer district into five director zones of nearly equal area and parcels, with directors elected on a district-wide basis and zone election transition schedules adopted prior to the next district election.

If a board vacancy occurs in an established director zone and no qualified candidate from that zone is available, the board may appoint a person-at-large who is an elector of the district to serve as director of the vacant zone.

Annexation or withdrawal of city area into or from a water and/or sewer district requires joint approval by city council and district board, a joint public hearing, published notice for two consecutive weeks, and may require voter approval if a petition signed by at least 10% of qualified electors is submitted.

When annexing or withdrawing city-served areas, specific conditions must be met including capacity to provide essential functions, assumption of debt and liabilities, asset liquidation provisions, and district court approval; these procedures do not apply to landowner petitions for annexation under section 42-3218.