49-32A-1
Definition of terms.
49-32A-2
Purpose of translator district.
49-32A-3
Areas includable in translator districts.
49-32A-4
Establishment of translator district by county ordinance.
49-32A-5
Feasibility study by professional engineering consultant--Scope of study.
49-32A-6
Public hearings on feasibility study--District boundaries--Election on district--Order creating district--Filing.
49-32A-7
Initial board of trustees for district--Number--Qualifications--Terms of office.
49-32A-8
Appointment of successor trustees--Term of office--Filling of vacancies.
49-32A-9
Meetings of district trustees--Regular time and place--Notice of change.
49-32A-10
Trustees not compensated--Expenses.
49-32A-11 to 49-32A-13. Repealed.
49-32A-14
Preparation of annual budget--Presentation to county commissioners--Appropriations.
49-32A-15
District treasurer--Separate fund--Disbursements on warrants.
49-32A-16
Television services provided by translator districts--Cable service prohibited.
49-32A-17
Acquisition and operation of electronic transmission and relay systems--Land and
property acquisition--Compensation of property owners.
49-32A-18
Contracts with public agencies--Employment of personnel.
49-32A-19
Permits and licenses held by district.
49-32A-20
Annexation of contiguous territory--Procedure.
49-32A-21
Dissolution of district--Distribution of assets.
49-32A-1. Definition of terms.
Terms used in this chapter, unless the context otherwise requires, mean:
(1) "Registered professional engineer," a person with a degree in radio electronics entitling him to the use of the title of professional engineer and whose credentials are a matter of record with the Federal Communications Commission in Washington, D.C. and who is actively pursuing a practice of consulting as a professional engineer;
(2) "Service unit," any structure inhabited for dwelling purposes and shall include each home, each apartment within a structure, and each motel or hotel structure shall be one unit, and shall include any establishment which sells, rents, leases to or maintains on the premise for the enjoyment of their customers electronic equipment which receives translator signals; and
(3) "Translator," any facility within this state which is operated to receive and amplify the signals broadcast by one or more television stations and redistribute the signals by appropriate broadcasting means but shall not include redistribution of signals by wire or cable.
Source: SL 1976, ch 76, § 1.
49-32A-2. Purpose of translator district.
The purpose of a translator district shall be to serve the public interest, convenience, and necessity in the construction, maintenance and operation of translator stations and any system necessary thereto by appropriate electronic means for television program distribution, but the purposes are not meant to include the construction or operation of community antenna systems, commonly known and referred to as cable TV systems.
Source: SL 1976, ch 76, § 2.
49-32A-3. Areas includable in translator districts.
Any area of the state may organize as a translator district for the performance of functions provided for in this chapter. A translator district may include a part or all of any county or may include areas in more than one county and may include any municipality located within the county or counties.
Source: SL 1976, ch 76, § 3.
49-32A-4. Establishment of translator district by county ordinance.
A board of county commissioners may by ordinance establish a translator district. The provisions of chapter 7-18A shall govern such procedure.
Source: SL 1976, ch 76, § 4.
49-32A-5. Feasibility study by professional engineering consultant--Scope of study.
Before any further action is taken the board of county commissioners shall order a feasibility study to be made by a professional engineering consultant as defined in this chapter. The feasibility study shall include recommendations, including but not limited to the type and amount of equipment necessary, the area that may be served adequately, estimated predictions of necessary maintenance requirements for maximum quality video reception and all costs relating thereto. This feasibility study shall also include alternative coverage area proposals and cost estimates relating thereto.
Source: SL 1976, ch 76, § 4.
49-32A-6. Public hearings on feasibility study--District boundaries--Election on district--Order creating district--Filing.
The commissioners shall present the feasibility study to the general public residing in the proposed coverage area by public hearings. If sufficient public interest and support is indicated at the public hearings, the board of county commissioners shall establish the boundaries of the TV translator district and call for an election of the electorates therein. If the board of county commissioners passes an ordinance creating the district, they shall name the district "Translator District" and file a copy of the order creating the district, if only one county is included therein, with the county auditor and if portions of more than one county are included in the district a copy of the order shall be filed in each county and with the secretary of state.
Source: SL 1976, ch 76, § 4.
49-32A-7. Initial board of trustees for district--Number--Qualifications--Terms of office.
The board of county commissioners, upon the creation of the district, and as a part of the order creating the district, shall appoint a board of no less than three nor more than five trustees to administer the affairs of the district. Each of the trustees shall be a resident of the district. The trustees so appointed upon creation of such district shall be appointed for staggered terms of one, two and three years. If more than one county is involved, one of the trustees shall be appointed from the county having the smallest population based on the most recent federal decennial census, and such trustee shall be given the three-year term.
Source: SL 1976, ch 76, § 5; SL 1979, ch 315, § 1.
49-32A-8. Appointment of successor trustees--Term of office--Filling of vacancies.
Trustees appointed pursuant to § 49-32A-7 shall hold office for the term of their respective appointment or until their successors are appointed and qualified; at the end of the respective terms of the trustees, the board of county commissioners shall appoint a new trustee for a three-year term, and in case of a vacancy by death, resignation, removal from the district or otherwise a trustee shall be appointed by the board of county commissioners to fill such vacancy to the end of the term of such trustee.
Source: SL 1976, ch 76, § 5.
49-32A-9. Meetings of district trustees--Regular time and place--Notice of change.
The board of trustees shall meet once a month at a regular time and place to transact the business of the district, the time and place to be fixed by the trustees and any change in the time and place of meetings shall be given by publication of notice in a newspaper most likely to give notice to the taxpayers within such district.
Source: SL 1976, ch 76, § 12.
49-32A-10. Trustees not compensated--Expenses.
The board of trustees of the district shall serve without compensation but shall be reimbursed for reasonable expenses incurred in the operation of the translator district.
Source: SL 1976, ch 76, § 10.
49-32A-14. Preparation of annual budget--Presentation to county commissioners--Appropriations.
The board of trustees shall prepare a budget for the expenses for the next year, which budget shall be presented by July first to the boards of county commissioners of the counties in the television district. The board of county commissioners of each county in the district shall appropriate funds required by the budget from the county general funds in the same proportion that the population of each county is to the total district population.
Source: SL 1976, ch 76, § 7; SL 1979, ch 315, § 5.
49-32A-15. District treasurer--Separate fund--Disbursements on warrants.
The treasurer of the county with the largest population in the district shall be the treasurer for the district and hold the funds appropriated by that county and funds appropriated by any other county shall be forwarded to him and deposited in a separate fund to be disbursed by him upon warrants drawn by the trustees, at least two of whom shall sign any warrant for the disbursement of the funds by the county treasurer.
Source: SL 1976, ch 76, § 8; SL 1979, ch 315, § 6.
49-32A-16. Television services provided by translator districts--Cable service prohibited.
A translator district organized under this chapter, acting through its board of trustees may perform all the acts and take all the necessary steps to provide television services within the area in order that all persons within the service area shall be supplied by means of an appropriate electrical or electronic system for television program distribution, but may not perform any acts or take any steps to construct or operate community antenna systems, commonly known and referred to as cable TV systems; the authorized system to provide such flexibility as to permit improvements in technical quality.
Source: SL 1976, ch 76, § 9.
49-32A-17. Acquisition and operation of electronic transmission and relay systems--Land and property acquisition--Compensation of property owners.
If necessary in the furtherance of the objects of this chapter, a translator district organized under this chapter may acquire, build, construct, repair, own, maintain and operate any necessary stations transmitting simultaneous signals intended to be received by the general public, relay stations, pick-up stations, or any other electrical or electronic system necessary. It may acquire by gift, devise, bequest, lease, purchase, or eminent domain real and personal property, tangible or intangible, including lands, rights of way and easements, necessary or convenient for its purposes. It may make contracts to compensate any owner of land or other property for the use of such property for the purposes of this chapter.
Source: SL 1976, ch 76, § 9.
49-32A-18. Contracts with public agencies--Employment of personnel.
A translator district organized under this chapter may make contracts with the United States, or any state, municipality or any department or agency of those entities for carrying out the general purposes for which the district is formed. It may make contracts of any lawful nature, including labor contracts or those for employees' benefits, employ engineers, laboratory personnel, attorneys, other technical or professional assistants, and any other assistants or employees necessary to carry out the provisions of this chapter.
Source: SL 1976, ch 76, § 9.
49-32A-19. Permits and licenses held by district.
A translator district organized under this chapter may apply for, accept, and be the holder of any permit or license issued by or required under federal or state law.
Source: SL 1976, ch 76, § 9; SL 1979, ch 315, § 7.
49-32A-20. Annexation of contiguous territory--Procedure.
The board of county commissioners may annex contiguous territory by ordinance in accordance with the procedures outlined in chapter 1-24.
Source: SL 1976, ch 76, § 15.
49-32A-21. Dissolution of district--Distribution of assets.
If a board of county commissioners finds, following a public hearing or hearings, that the continued existence of a television translator district would no longer serve the purposes of this chapter, it may by resolution order the district dissolved. In the case of a television translator district that includes more than one county, each board of county commissioners must order the district dissolved by resolution. All properties and money remaining after the satisfaction of all debts and obligations of the abandoned district shall be deposited to the credit of the general fund of the county. If the abandoned district embraced areas in more than one county, properties and moneys remaining after the satisfaction of all debts and obligations of the abandoned district shall be deposited to the credit of the general funds of the relevant counties in proportion to the population in each county that was served by the district.
Source: SL 1976, ch 76, § 14; SL 1979, ch 315, § 8; SL 2018, ch 266, § 1.
