The board of county commissioners of any county, at any meeting of the board, by majority vote of all of the members may, upon the petition of ten percent of the individuals who qualify under section 11-28.2-03 as voters of an area to be included within a proposed recreation service district, call for an election of all of the qualified voters of the district to determine the question of the establishment of a recreation service district for the purpose of providing services, which may include police protection, sewer and water, garbage removal services, and public road construction and maintenance, in addition to those provided by the local governing body or agency to summer homes, cottages, and other residences and establishments that exist within the area, and provide for the improvement and control of the environmental quality of the recreation service district. The recreation service district must be limited in size and location to an area contiguous to or within one-quarter mile [402.34 meters] of the recreational waters of the area or to the areas of land which are dedicated to public use for recreational purposes. In addition, the district must consist of not less than forty privately owned seasonal homes or cottages and other residences and establishments. If a petition is presented to the board of county commissioners calling for an election, the petition must be accompanied by any information required by the board of county commissioners, including the boundaries of the proposed recreation district, the approximate number of qualified voters, and a sufficient deposit of money to cover all costs of the election. Within sixty days after the calling of an election, the board of county commissioners shall provide an election on the question of whether a recreation service district should be established and shall establish procedures for voting and other necessary matters not inconsistent with this chapter. The county commissioners shall give at least thirty days’ notice of the election by certified mail to all qualified voters. If a majority of the qualified electors voting on the question approve of the establishment of a recreation service district, the district must be organized.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

The board of commissioners of a recreation service district may extend the boundaries of the district to property within or contiguous to the one-quarter mile [402.34 meters] limit through the annexation procedures provided in sections 11-28.2-06 through 11-28.2-08.