(1) In a resolution constituting a provisional order pursuant to section 32-11.5-502 (2), the board shall set a time at least twenty days after the date of the resolution and a place at which the owners of the tracts to be assessed or any other interested persons may appear before the board and be heard as to the propriety and advisability of acquiring, constructing, or improving the provisionally ordered project.
Notice of the meeting required by subsection (1) of this section shall be given bypublication and by mail to all owners of record of the tracts to be assessed.
The notice required by subsection (2) of this section shall include the following information:
The kind of project proposed;
The estimated cost of the project and the portion, if any, to be paid from sourcesother than special assessments;
The basis for apportioning the special assessments, which shall be in proportion tothe special benefits derived to each of the several tracts comprising the assessable property and on a front-foot, area, zone, or other equitable basis;
The number of installments and the time in which the special assessments are payable;
The maximum rate of interest on unpaid installments of special assessments;
The area of the improvement district to be assessed;
The time and place at which the board will consider the ordering of the proposedproject and hear all complaints, protests, and objections that may be made in writing and filed with the district at least three days in advance or may be made verbally at the hearing by the owner of any tract to be assessed or by any other interested person;
The fact that the description of the tracts to be assessed, the maximum amount ofbenefits estimated to be conferred on each tract, and all related proceedings are on file and may be examined at main offices of the district during business hours by any interested person; and
A statement that regardless of the basis used for apportioning assessments, in cases ofwedge-shaped, V-shaped, or any other irregular-shaped tracts, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.
(4) The district shall maintain proof of publication and proof of mailing of the notice required by subsections (1) and (2) of this section and described in subsection (3) of this section in the records of the district until any special assessments imposed to fund the project that is the subject of the provisional order have been paid in full.
Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 867, § 1, effective April 30.