Combination of projects.

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(1) More than one project may be combined in an improvement district if the board determines that the combination will be efficient and economical.

  1. If projects combined in one improvement district are separate and distinct due tosubstantial differences in their character or location or other substantial differences, each project shall be considered as a separate assessment unit or quasi-improvement district for the purpose of petition, remonstrance, and assessment.

  2. If projects are combined, the board shall designate the project and the area constituting each assessment unit, and, in the absence of arbitrary and capricious action or abuse of discretion, its determination that there is or is not such a combination and its determination of the project and the area constituting the assessment unit shall be final and conclusive.

  3. The costs of acquiring, constructing, or improving each project shall be segregatedfor the levy of assessments, and an equitable share of the incidental costs shall be allocated to each assessment unit.

Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 867, § 1, effective April 30.


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