A lake or beach management district may be
initiated upon either the adoption of a resolution of intention
by a county legislative authority or the filing of a petition
signed by ten landowners or the owners of at least fifteen
percent of the acreage contained within the proposed lake or
beach management district, whichever is greater. A petition or
resolution of intention shall set forth: (1) The nature of the
lake or beach improvement or maintenance activities proposed to
be financed; (2) the amount of money proposed to be raised by
special assessments or rates and charges; (3) if special
assessments are to be imposed, whether the special assessments
will be imposed annually for the duration of the lake or beach
management district, or the full special assessments will be
imposed at one time, with the possibility of installments being
made to finance the issuance of lake or beach management district
bonds, or both methods; (4) if rates and charges are to be
imposed, the annual amount of revenue proposed to be collected
and whether revenue bonds payable from the rates and charges are
proposed to be issued; (5) the number of years proposed for the
duration of the lake or beach management district; and (6) the
proposed boundaries of the lake or beach management district.
The county legislative authority may require the posting of
a bond of up to five thousand dollars before the county considers
the proposed creation of a lake or beach management district
initiated by petition. The bond may only be used by the county
to finance its costs in studying, holding hearings, making
notices, preparing special assessment rolls or rolls showing the
rates and charges on each parcel, and conducting elections
related to the lake or beach management district if the proposed
lake or beach management district is not created.
A resolution of intention shall also designate the number of
the proposed lake or beach management district, and fix a date,
time, and place for a public hearing on the formation of the
proposed lake or beach management district. The date for the
public hearing shall be at least thirty days and no more than
ninety days after the adoption of the resolution of intention
unless an emergency exists.
Petitions shall be filed with the county legislative
authority. The county legislative authority shall determine the
sufficiency of the signatures, which shall be conclusive upon all
persons. No person may withdraw his or her name from a petition
after it is filed. If the county legislative authority
determines a petition to be sufficient and the proposed lake or
beach management district appears to be in the public interest
and the financing of the lake or beach improvement or maintenance
activities is feasible, it shall adopt a resolution of intention,
setting forth all of the details required to be included when a
resolution of intention is initiated by the county legislative
authority.
[2008 c 301 § 5; 1987 c 432 § 3; 1985 c 398 § 3.]