(1) The procedure for acquiring, constructing, or improving any project to be funded in whole or in part with revenues generated by special assessments can be initiated by the provisional order method described in subsection (2) of this section or the petition method described in subsection (3) of this section.
(2) (a) Whenever the board determines that the interest of the district requires any project to be funded in whole or in part with revenues generated by special assessments, the board, by resolution approved by a supermajority vote as specified in section 32-11.5-204 (1)(b)(II), shall direct the engineer to prepare:
(I) Preliminary plans showing:
A typical section of the contemplated project; and
The types of material, approximate thickness, and width;(II) A preliminary estimate of the total cost of the project; and (III) An assessment plat showing:
The area to be assessed; and
The amount of maximum benefits estimated to be assessed against each tract.
The resolution of the board shall describe the project in general terms but may provide for one or more types of construction, and the engineer shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit process, as deemed most appropriate by the engineer for the completed facilities.
The resolution of the board shall state:
What part or portion of the expense of the described project is of special benefit andis to be paid for with revenues generated by special assessments;
What part of the project, if any, has been or is proposed to be funded with revenuesgenerated from sources other than special assessments; and
The basis by which the cost of the project will be apportioned and special assessments will be levied.
(d) In case a special assessment is not to be made according to front feet, the resolution of the board shall:
By apt description designate the improvement district, including the tracts to be assessed;
Describe definitely the location of the project; and
State that the special assessment is to be made upon all the tracts benefited by theproject proportionately to the benefits received.
In case a special assessment is to be upon the abutting property on a frontage basis, itshall be sufficient for the resolution so to state and to define the location of the project to be made.
The resolution of the board need not describe in detail each particular tract to beassessed but may simply designate the property, improvement district, or location so that the various tracts to be assessed can be determined to be within the proposed improvement district. (g) The engineer shall forthwith prepare and file with the district:
The preliminary plans;
The preliminary estimate of cost; and
The assessment plat.
(h) Upon the filing of the plans, preliminary estimate of cost, and plat, the board shall examine the same. If the board finds the plans, estimate, and plat to be satisfactory, it shall make a provisional order by resolution to the effect that the project shall be acquired, constructed, or improved.
(3) (a) The owner or owners of tracts to be assessed in a proposed improvement district for not less than ninety-five percent of the entire cost of a project, comprising more than fifty percent of the area of the proposed improvement district and also comprising a majority of the landowners residing in the proposed improvement district, may, by written petition, initiate the acquisition, construction, or improvement of any assessment project that the board is authorized to initiate subject to the following limitations:
The board may incorporate the project in one or more existing or alternative proposedimprovement districts;
The board is not required to proceed with the construction, acquisition, or improvement of the project or any part thereof if, after holding a provisional order hearing pursuant to section 32-11.5-507, the board determines that it is not in the public interest for the proposed project or part thereof to go forward; and
A particular kind of project, material therefor, or a part thereof need not be constructed, acquired, improved, or located as provided in the petition if the board determines that it is not in the public interest.
The board is not required to take any further action regarding a petition if the boarddetermines by resolution that the construction, acquisition, or improvement of the proposed project is probably not feasible, the resolution requires a cash deposit or a pledge of property in at least an amount designated by the board probably to be sufficient to defray the costs likely to be incurred by the board before and during the attempted acquisition, construction, or improvement of the project designated in the petition, and the deposit or pledge is not provided to the board within twenty days after mailed notice is given to the person presenting the petition or after one publication in a newspaper of general circulation in the district of a notice of the resolution's adoption and of its content in summary form. The board may subsequently, as it deems necessary, require one or more additional deposits or pledges as a condition precedent to the continuation of action by the district.
Whenever a deposit or pledge is made and thereafter the board determines that acquisition, construction, or improvement of a project proposed by petition is not feasible within a reasonable period, the board may require that all or any portion of the costs incurred by the district in connection with the petition or project be defrayed from the deposit or proceeds of the pledged property unless the petitioners or other interested persons defray the costs within twenty days after the board determines the amount to be defrayed by resolution.
Any surplus moneys remaining from a deposit or pledge shall be returned by thedistrict to the person making the same.
(4) Except as otherwise provided in subsection (3) of this section, upon the filing of a petition pursuant to said subsection (3), the board shall proceed in the same manner as provided in subsection (2) of this section for proceedings initiated by the board.
Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 864, § 1, effective April 30.