(1) A district
may be created within the boundaries of a municipality and may also include any
property in the unincorporated area of the county within which the municipality is
situated if such county consents by resolution to such district and the construction
or acquisition of improvements therein. In addition, such district may also include
any property in another municipality within such county if such municipality
consents by ordinance to such district and the construction or acquisition of the
improvements therein. If a district includes property within a county by county
consent or within another municipality by municipal consent, the municipality shall
have full authority to construct or acquire improvements, to assess property within
the county or such municipality benefited by such improvements, and to enforce
and collect such assessments in the manner provided in this part 5; but:
(a) No improvement, except as provided in paragraph (d) of this subsection
(1) and except for sidewalks, water mains, sewers, and sewage disposal works and
their appurtenances, shall be ordered under this part 5 unless a petition for the
same is first presented. The petition shall be subscribed by the owners of property
to be assessed for more than one-half of the entire costs estimated by the
governing body to be assessed. Except as specified in this section, nothing in this
part 5 shall restrict the right of such owners from securing any particular kind or
variety of improvements petitioned for. In any case where a proposed improvement
district includes two or more assessment units, the owners of property to be
assessed for more than one-half of the entire costs estimated by the governing
body to be assessed in each assessment unit shall petition as specified in this part
5.
(b) If the owners of property to be assessed for more than one-half of the
entire costs estimated by the governing body to be assessed petition for any
particular kind of improvement and for any particular materials to be used in the
same, the improvement shall be ordered in accordance with the petition, and the
materials so designated shall be used, except as otherwise provided in this section;
(c) If the material petitioned for by the owners of property to be assessed for
more than one-half of the entire costs estimated by the governing body to be
assessed does not encourage competition, the petitioners shall have the right to
state in the petition the maximum price per square yard or linear foot or per unit at
which the improvement is desired, and no contract shall be let for any such
improvement at a price exceeding the maximum price fixed in said petition,
excluding the cost of engineering, collection, inspection, incidentals, and interest;
(d) Any improvement may be initiated directly by the governing body by
resolution declaring its intention to construct the improvements. If initiated by such
resolution, the governing body shall make a preliminary order as required by
subsection (3) of this section in the same manner as if the improvements had been
requested by petition. Such preliminary order may be included in the resolution of
intention to construct the improvements. However, if written protests are submitted
prior to the hearing referred to in subsection (4) of this section subscribed by the
owners of property to be assessed for more than one-half of the entire costs
estimated by the governing body to be assessed, the governing body shall not
proceed with such special improvement district, based on the preliminary order so
protested. Such protests shall not prevent the governing body from adopting a
subsequent preliminary order for such improvements, subject to notice, hearing,
and protest, as provided in this part 5.
(2) The governing body shall encourage competition by advertising for and
receiving bids for such construction and, insofar as possible within the limits of the
petition, shall describe all materials by standard or quality in the specifications.
(3) Before contracting for or ordering any work to be constructed, a
preliminary order shall be made by the governing body, adopting preliminary plans
and specifications for the same, definitely describing the materials to be used or
stating that one of several specified materials shall be chosen, determining the
number of installments and the time in which the cost of the improvement shall be
payable, and the property to be assessed for the same, as provided in this part 5,
and requiring an estimate of the cost to be made by the municipal engineer or any
similar officer or employee, together with a map of the district in which the
improvement is to be made and a schedule showing the approximate amounts to be
assessed upon the several lots or parcels of property within the district. The cost
estimates and approximate amounts to be assessed shall be formulated in good
faith on the basis of the best information available to the governing body but shall
not be binding.
(4) The clerk shall give notice of the hearing on the construction of the
improvements by publication in one issue of a newspaper of general circulation in
the municipality, the publication to be at least twenty days prior to the date of the
hearing. In addition, notice shall be mailed by first-class mail to each property
owner to be assessed for the cost of the improvements who is included within the
district. The mailed notice shall be made on or about the date of the publication of
the notice of hearing. The notice shall set forth the following information:
(a) The kind of improvements proposed;
(b) The number of installments;
(c) The time in which the cost shall be payable;
(d) Repealed.
(e) The extent of the district to be improved;
(f) The probable cost per front foot or other unit basis which, in the judgment
of the governing body, reflects the benefits which accrue to the properties to be
assessed, as shown by the estimates of the engineer;
(g) The time, not less than twenty days after the publication, when an
ordinance authorizing the improvements will be considered;
(h) That said map and estimate and schedule showing the approximate
amounts to be assessed and all resolutions and proceedings are on file and can be
seen and examined by any interested person at the office of the clerk, or other
designated place, at any time within said period of twenty days; and
(i) That all complaints and objections made in writing concerning the
proposed improvement by the owners of any property to be assessed will be heard
and determined by the governing body before final action is taken.
(4.5) If the petition for an improvement is signed by one hundred percent of
the owners of property to be assessed and contains a request for such waiver, the
governing body may, at its discretion, waive all or any of the requirements for
notice, publication, and a hearing set forth in subsection (4) of this section.
(5) The finding by ordinance or resolution of the governing body that said
improvements were duly ordered after notice duly given and after hearing duly held
when such notice and hearing are required pursuant to this section, that such
petition was presented, and that the petition was subscribed by all or the required
number of owners shall be conclusive of the facts so stated in every court or other
tribunal.
(6) Any resolution or order in the premises may be modified, confirmed, or
rescinded at any time prior to the passage of the ordinance authorizing the
improvements.
(7) The specifications for paving may include sidewalks, curbs, gutters, and
grading, and sufficient culverts, sewers, or drains necessary to carry off the surface
waters across or along the line of the street improved, and such other incidentals to
paving as, in the judgment of the governing body, may be required. The
specifications may also provide that bidders shall agree to enter into contract to do
the work and maintain the same in good repair for a period of five years, and the
contract may be entered into in accordance with such specifications.
(8) If, before any such improvements are made, any piece of real estate or
any railway company to be assessed already has an improvement conforming to the
general plan or satisfactory to the governing body, an allowance therefor may be
made to the owner, and such allowance may be deducted from the owner's
assessment and from the contract price.
(9) (a) Any other provision of this part 5 to the contrary notwithstanding, the
governing body may create a district for the purpose of acquiring existing
improvements of a character authorized by this part 5, in which case, the provisions
of this part 5 concerning construction of improvements by the municipality,
competitive bidding, and preliminary plans and specifications shall not apply.
(b) Any other provision of this part 5 notwithstanding, the governing body
may create an improvement district for the purpose of encouraging,
accommodating, and financing renewable energy improvements and energy
efficiency improvements of a character authorized by section 31-25-502 (2). Any
such district shall include only property for which the owner has executed a
contract or agreement consenting to the inclusion of such property within the
district, and such consent may occur subsequent to the adoption of the ordinance
of the governing body forming the district. The inclusion of such property within the
district subsequent to the adoption of the ordinance of the governing body forming
the district may be made by the adoption of a supplemental or amending ordinance
or resolution of the governing body. For districts formed for the purpose of
encouraging, accommodating, and financing renewable energy improvements or
energy efficiency improvements, the provisions of subsections (2) and (3) of this
section concerning preliminary orders, competitive bidding, and preliminary plans
and specifications, of section 31-25-516 concerning contracts for construction, and
of section 31-25-518 concerning contract provisions shall not apply.
(c) The contract or agreement shall note the existence of any first priority
mortgage or deed of trust on the property, the identity of the record holder thereof,
and the penalty for default provided in section 31-25-530 clearly stating that
default, like the penalties that exist for default on any mortgage or any other
special assessment, may result in the loss of the applicant's home. Within thirty
days of a person's submission of an application to the district, the governing body
shall provide written notice to the record holder of any first priority mortgage or
deed of trust on the real property that the person is participating in the district.
(10) The governing body is authorized to enter into contracts and agreements
with any owner of property within the district or any other person concerning the
construction or acquisition of improvements, the assessment of the cost thereof,
the waiver or limitation of legal rights, or any other matter concerning the district.
(11) At or about the time of publication by the governing body of any
ordinance creating a district, a copy of such ordinance shall be provided to the
county assessor, the county treasurer, and the division of local government in the
department of local affairs. The governing body shall make a good faith attempt to
comply with this subsection (11), but failure to comply shall not affect or impair the
organization of any district, the construction or acquisition of improvements therein,
the levying and collection of assessments, or any other matter pursuant to the
provisions of this part 5.