§ 58-18-05 — Election for proceeding

At the special township meeting for public disclosure of the findings of the engineer, the
freeholders of the township in attendance are entitled to vote on the question of whether to
proceed with the improvement project. Upon approval by sixty percent or more of the votes cast
at the meeting or votes filed with the township clerk within fifteen days after the meeting, the
improvement project may proceed. A freeholder affected by the project is entitled to one vote for
each dollar of the proposed special assessment against the freeholder's property within the
proposed improvement district. If there is more than one owner of a parcel of property, the votes
available for the parcel must be prorated among the owners in accordance with each owner's
percentage interest in the property. If fewer than sixty percent of the votes cast or filed on the
question approve the project, the election result is a bar against proceeding further with the
improvement project described in the plans and specifications. An election result barring
proceeding further with the improvement project does not preclude the payment of any costs
incurred in developing the plans, specifications, cost estimates, or other costs which must be
paid from the general fund of the township. If the costs incurred pose a financial burden on the
general levy of a township of forty percent or more, the board of township supervisors may levy
and collect assessments from the improvement district in yearly assessments not exceeding five
years. If under forty percent, the township may use methods approved by law.