§ 32-12-107 — Rail district organizational commission

(1) The rail district
organizational commission appointed pursuant to section 32-12-106 shall meet
within twenty days after its appointment on a date designated by the district court.
The rail district organizational commission shall elect a chairman and a vice-chairman from among its membership. Further meetings of the commission shall be
held upon call of the chairman or a majority of the members of the commission. All
meetings shall be open to the public. A majority of the commission shall constitute
a quorum. The commission may adopt other such rules for its operations and
proceedings as it deems necessary or desirable. Members of the commission shall
receive no compensation but may be reimbursed for necessary expenses incurred
during the performance of their official duties as organizational costs. Such
organizational costs may be paid from the bond or cash deposit provided in section
32-12-105 (4) if the organization is not effected or by the rail district if the
organization is effected.

(2) (a) The rail district organizational commission shall determine which rail
facilities are to be acquired and rehabilitated and what rail services are to be
provided, together with the maximum ad valorem tax mill levy, if any, necessary to
support the acquisition and rehabilitation by the proposed rail district upon its
formation, subject to the approval of the eligible electors as provided in this article.

(b) The rail district organizational commission shall determine the manner in
which the railroad facility acquisitions and services are to be submitted for
consideration by the eligible electors at the formation election to be called by the
district court, as provided in section 32-12-108. Prior to the submission of the report
to the district court, pursuant to paragraph (a) of subsection (3) of this section, the
commission shall conduct a public hearing and cause notice to be published,
stating the time and place of the public hearing, and shall apprise the general
public of its right to attend the hearing and make comments regarding the
proposals to be placed on the ballot.

(3) (a) Within ninety days after its initial meeting, the commission shall
present to the district court a report listing proposed railroad facilities to be
acquired and proposed services to be considered by the eligible electors in each
county included in the rail district. A majority vote of the members of the rail district
organizational commission shall determine the proposed railroad facilities
acquisitions, the proposed services, and the maximum mill levy that shall be
presented to the eligible electors for their approval or rejection.

(b) The commission report shall also divide the rail district into five zones of
approximately equal population in accordance with the provisions of section 32-12-109 for the purpose of electing candidates to the board. The board shall consist of
seven members, including one member from each of the five zones and two at-large
members. Such zones shall be numbered consecutively starting with number one,
and the terms of office shall be as specified in section 32-12-109.

(c) The commission shall specify the date for a special election for formation
of the rail district, but, if the organizational commission's report is completed not
more than one hundred eighty days and not less than eighty days before the next
general election, the election may be held jointly or concurrently with the next
general election.

(d) The rail district organizational commission shall be dissolved as of the
day on which the election is held pursuant to section 32-12-108.

Legislative History

Source: L. 82: Entire article added, p. 506, � 1, effective April 23. L. 92: (2), (3)(a), and (3)(c) amended, p. 919, � 185, effective January 1, 1993.