(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) A typical section of the contemplated project; and
(B) 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:
(A) The area to be assessed; and
(B) The amount of maximum benefits estimated to be assessed against each
tract.
(b) 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.
(c) The resolution of the board shall state:
(I) What part or portion of the expense of the described project is of special
benefit and is to be paid for with revenues generated by special assessments;
(II) What part of the project, if any, has been or is proposed to be funded with
revenues generated from sources other than special assessments; and
(III) 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:
(I) By apt description designate the improvement district, including the
tracts to be assessed;
(II) Describe definitely the location of the project; and
(III) State that the special assessment is to be made upon all the tracts
benefited by the project proportionately to the benefits received.
(e) In case a special assessment is to be upon the abutting property on a
frontage basis, it shall be sufficient for the resolution so to state and to define the
location of the project to be made.
(f) The resolution of the board need not describe in detail each particular
tract to be assessed 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:
(I) The preliminary plans;
(II) The preliminary estimate of cost; and
(III) 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:
(I) The board may incorporate the project in one or more existing or
alternative proposed improvement districts;
(II) 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
(III) 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.
(b) The board is not required to take any further action regarding a petition if
the board determines 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.
(c) 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.
(d) Any surplus moneys remaining from a deposit or pledge shall be returned
by the district 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.