§ 40-22-06 — Agreement with state agency, county, water resource district, or federal agency for certain improvements

agency for certain improvements.
Any municipality in this state, through its governing body, may enter into an agreement with
any state agency, the board of county commissioners, or water resource board of the county in
which the municipality is located, or a joint water resource board which jurisdiction includes the
municipality, or any federal agency, or any combination thereof, for the improvement of streets,
sewers, water mains, flood control projects, or of any of such facilities, under the terms of which
the contract for such work is to be let by the state agency, the board of county commissioners,
water resource board, joint water resource board, the federal agency, or any combination
thereof, and for this purpose may create a special improvement district or districts. No such
agreement may be entered into until and unless the governing body certifies that it has obtained
authority in accordance with this section to issue improvement warrants to finance the amount
that the municipality will be obligated to pay thereunder, over and above the amount of any
bonds which have been voted and any other funds which are on hand and properly available for
such purpose. If any portion of the cost is to be paid by the levy of special assessments, the
governing body shall by resolution declare the necessity of the improvement, setting forth its
general nature, the approximate amount or fraction of the cost which the municipality will be
obligated to pay under the agreement, and the fact that this amount, or such lesser amount as
the governing body may specify, is proposed to be paid by the levy of special assessments
upon property determined to be benefited by the improvement. Any portion of the cost for which
the municipality is obligated and which is not assessed upon benefited property or paid from
other funds may be agreed to be paid by general taxation of all the taxable property in the
municipality, if approval for the incurring of such debt is obtained and provision for the payment
thereof is made in accordance with section 40-24-10. The resolution of necessity must be
published once each week for two consecutive weeks in the official newspaper of the
municipality and protests may be filed and their sufficiency to bar the improvement must be
determined in accordance with sections 40-22-16 through 40-22-18. However, if under the terms
of the resolution of necessity the portion of the cost of the project to be assessed upon benefited
property does not exceed twenty-five percent of the total cost to be paid by the state agency,
county, water resource board, joint water resource board, federal agency, and municipality,
written protests by the owners of seventy-five percent of the property liable to be assessed for
the improvement shall be required to bar further proceedings with reference thereto. At any time
after the period for filing protests has expired and the protests filed, if any, have been heard and
determined to be insufficient, the governing body may issue warrants on the fund of the
improvement in the total amount for which the municipality is obligated under the agreement,
and may cause to be certified to the special assessment commission that portion of the cost to
be borne by the property owners within the district, and the assessment of such amount may be
made and such warrants may be issued as in other cases provided for in chapters 40-23 and
40-24.