Post-hearing procedure.

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(1) After the provisional order hearing, the board shall determine whether to form the proposed improvement district and any assessment unit within the proposed improvement district.

(2) If the board desires to form the proposed improvement district but also desires to modify the district, the board shall direct the engineer to prepare and present to the board:

  1. A revised and detailed estimate of the total cost, including without limitation the costof acquiring, constructing, or improving each proposed project. Unless otherwise specifically provided in this article, the revised estimate shall not constitute a limitation for any purpose.

  2. Full and detailed plans and specifications for each proposed project designed to permit and to encourage competition among the bidders if any projects are to be acquired, constructed, or improved by construction contract; and

  3. A revised map and assessment plat showing the location of each proposed projectand the tracts to be assessed therefor.

  1. The board, in the resolution creating the improvement district or in a separate resolution, may combine or divide the proposed projects into suitable construction units for the purpose of letting separate and independent contracts, regardless of the extent of any project constituting an assessment unit and regardless of whether or not a portion of the cost of any project is to be defrayed with revenues other than revenues generated by special assessments.

  2. Nothing in this part 5 shall be construed as not requiring the segregation of costs ofunrelated improvement programs for assessment purposes.

Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 869, § 1, effective April 30.


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