48-7026. O/M taxes; election; annual financial estimate and budget; hearing

A. At any time after the recording of a formation order, the board may call an election to submit to the persons who are eligible to vote in the district as prescribed in section 48-7041 the question of authorizing the board to levy an O/M tax on the net assessed limited property valuation of property in the district at a rate or rates that do not exceed the maximum rate or rates specified in the ballot.  The maximum rate specified in the original ballot must be approved by a majority of the persons who are eligible to vote in the district as prescribed in section 48-7041, voting in a regular or special election at least every seven years after the date of the initial imposition, if an election is not required to levy an O/M tax at the rate determined by the board to be necessary to maintain the district's facilities and improvements and ensure repayment of the district's outstanding bonds and obligations.  All O/M taxes shall be used for the operation and maintenance expenses of the district, including legal expenses and expenses that are associated with insurance coverage, and shall not exceed an amount equal to $.30 per $100 of assessed valuation for all real and personal property in the district. The board by simple majority vote may reduce or eliminate any portion of the O/M tax imposed by the district that the board determines is not necessary to maintain the district's facilities and improvements.  If no bonds or obligations remain outstanding, a district shall not levy an O/M tax in any year following completion of all work to be performed under the district's general plan.

B. The district may not levy an O/M tax at a rate or rates in excess of the maximum rate specified in the formation order.

C. When levying an O/M tax, the board shall make annual statements and estimates of the operation and maintenance expenses of the district and the amount of all other expenditures for public infrastructure proposed to be paid from the O/M tax levy or levies, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the district.  The board shall file the annual statements and estimates with the clerk.  The board shall publish a notice of the filing of the estimate, shall hold hearings on the portions of the estimate not relating to debt service on bonds and shall adopt a budget. The board, on or before the date set by law for certifying the annual budget of the county or municipality, shall fix, levy and assess the amounts to be raised by O/M taxes of the district and shall cause certified copies of the order to be delivered to the board of supervisors and to the department of revenue.  All statutes relating to the levy and collection of general county taxes, including the collection of delinquent taxes and sale of property for nonpayment of taxes, apply to the district taxes provided for by this section.