(1)Whenever
twenty-five percent of the resident landowners and resident lessees within a
contiguous territory desire to form a pest control district, as described in this
subsection (1), they may file a petition for that purpose with the board of county
commissioners of the county in which the land is located. Such petition shall be
addressed to the board of county commissioners of such county; must contain a
description of the boundaries of the proposed district and a description of the land
of each person signing such petition; must state that the proposed district has been
invaded, or is in danger of being invaded, by noxious weeds, insect pests, or plant
diseases injurious to agricultural crops, trees, fruits, or pasture; must name the
specific pests or diseases against whic
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(1) Whenever
twenty-five percent of the resident landowners and resident lessees within a
contiguous territory desire to form a pest control district, as described in this
subsection (1), they may file a petition for that purpose with the board of county
commissioners of the county in which the land is located. Such petition shall be
addressed to the board of county commissioners of such county; must contain a
description of the boundaries of the proposed district and a description of the land
of each person signing such petition; must state that the proposed district has been
invaded, or is in danger of being invaded, by noxious weeds, insect pests, or plant
diseases injurious to agricultural crops, trees, fruits, or pasture; must name the
specific pests or diseases against which the petitioners desire to be protected; and
must state the termination date of the proposed district. The petition shall be
signed by each resident landowner and resident lessee joining in the petition by the
individual's proper signature and address, and the date of the petition must be the
date of its filing in the office of the board of county commissioners. A petitioner
may revoke and cancel the petitioner's signature to a petition at any time before the
petition is filed, but not after such filing has been made.
(2) Such petition shall be filed with the board of county commissioners
during a regular or special session of the board, and shall be verified under oath by
at least one of the persons signing it, setting forth that the said petition was signed
within ninety days last preceding the making of said verification, and that all
matters and things stated in said petition are true to the best of the knowledge and
belief of the affiant, and that all signers have had an opportunity to read said
petition.
(3) After examination of the petition, if the board of county commissioners
finds the petition in order and properly signed by twenty-five percent of the
resident landowners and resident lessees within the proposed district, the board
shall, within fifteen days after receipt of the petition, mail ballots to all landowners
and lessees in the proposed district, to the addresses as shown by the records of
the county assessor or state board of land commissioners, stating that said ballots
are to be returned to the board's office within ten days from date of mailing. If, after
a tally of the votes has been made, the board finds that sixty-six and two-thirds
percent of the landowners and lessees voting have voted in favor of the district, and
the landowners and lessees voting own or lease fifty percent of the land in the
proposed district, the board shall declare the district established. Acreage owned
by the federal government or acreage owned by the state government not subject
to a lease shall not be considered in determining the percentage of land voted.
(4) Such petition may, in addition to the matters set forth in this section,
request the board of county commissioners to take charge of and supervise the
work in connection with the control or eradication of the pests named. The board, if
a pest control district is created upon the petition in accordance with this article,
shall proceed during the existence of said district, through the county pest
inspector, to control or destroy such pests at the times and in the manner and by
the aid of such means and additional help as the commissioner and county pest
inspector recommend, and the board may enter into contracts to have the
necessary work done in the district where noxious weeds, insect pests, or plant
diseases occur in epidemic proportion. Such contracts shall be let through
competitive bidding, and the board may pay for the work and materials expended.
Said contracts may be let for periods not to exceed one year and may be renewed if
necessary. The board of county commissioners also may enter into contracts with
landowners and lessees in which the landowners and lessees are obligated for their
share of the total cost of control operations.
(5) If an owner or lessee of any lands adjoining an established pest control
district desires to have such lands included within the district, the owner or lessee
may petition the board of county commissioners of the county in which the district
is located and to which district annexation of the land is desired. The petition must
contain a description of the boundaries of the lands so desired to be annexed and
shall be signed by the petitioner. The board shall act on the petition within ten days
after receiving it. If the board finds that the petition is in order, that the boundaries
of the lands described in the petition are accurate, that the lands adjoin the
established district, and that the petition is properly signed, the board shall, by
order, declare that the lands petitioned to be annexed to the district shall be
included as a part of the district. Within ten days after taking action upon the
petition, the board shall notify the petitioner, the county assessor, the district
advisory committee of the district in which the lands are to be included, and the
department of agriculture of the board's action. Two or more owners and lessees of
lands adjoining an established pest control district may join in and sign a single
petition for annexation of their adjoining lands to an established district in the
manner prescribed in this subsection (5).
(6) The district advisory committees of two or more adjoining pest control
districts may petition the board of county commissioners of the county in which
such districts are located, requesting the consolidation of such districts. The board
shall schedule a public hearing on the petition within ten days after the receipt
thereof. The public hearing shall be held within thirty days after receipt of the
petition. If, after such hearing, the board determines that through such
consolidation the districts could be more economically and efficiently operated, the
board shall immediately, by order, declare the dissolution of the districts to be
consolidated and the establishment of the consolidated new district, and shall
thereupon notify the county assessor and district advisory committees of the
dissolved districts of the termination of their respective committees, and shall
appoint a new five-member district advisory committee for the consolidated
district.
(7) When a pest control district which was established for the control and
eradication of specified pests desires to extend the termination date of the district,
the district advisory committee shall petition the board of county commissioners of
the county in which such district is located, requesting the extension of the
termination date. Upon receipt of said petition, the board of county commissioners
shall set a date for a hearing on the matter and shall publish notice thereof in a
newspaper of general circulation in the county not less than ten days nor more than
thirty days before the date of the hearing. If, after notice and hearing, the board of
county commissioners determines that such extension of the termination date is
advisable and is needed for adequate pest control in the district, the board of
county commissioners shall immediately declare the extension of the termination
date and shall so inform the district advisory committee, the county assessor, and
the state board of land commissioners.
(8) When a pest control district that was established for the control and
eradication of specified pests desires to add additional pests to be controlled within
the district, the district advisory committee shall petition the board of county
commissioners of the county in which the district is located, requesting that a
stipulated pest or pests should be added to the pests to be controlled in the
district. The board of county commissioners shall act on the petition within ten days
after receiving it. If the board of county commissioners determines that such pests
should be controlled within the district, the board shall submit the question to all
landowners and lessees of the district by causing to be mailed to each landowner
and lessee, to the address as shown by the records of the county assessor or state
board of land commissioners, a ballot requesting the landowner's or lessee's vote
for or against the addition of the stipulated pests to be controlled within the district
and the return of the ballot within ten days to the board. If fifty-one percent of the
landowners and lessees voting in the district vote in favor of the inclusion of the
stipulated pests within those to be controlled, the board shall immediately declare
that the stipulated pests shall be controlled within the district and shall so inform
the district advisory committee.