certain improvements.
A water resource board may enter an agreement with any federal or state agency, or any
combination thereof, for the construction of a project, under the terms of which the contract for
the work is to be let by the federal or state agency or any combination thereof. If under the
terms of the agreement at least fifty percent of the total cost of constructing the project is to be
paid by the agency or agencies and if any portion of the cost of the project is to be paid by the
levy of special assessments, the board may by resolution create a project assessment district
for the purpose of levying special assessments to finance the amount the district will be
obligated to pay in accordance with the agreement, over and above any other funds that are on
hand and properly avai
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certain improvements.
A water resource board may enter an agreement with any federal or state agency, or any
combination thereof, for the construction of a project, under the terms of which the contract for
the work is to be let by the federal or state agency or any combination thereof. If under the
terms of the agreement at least fifty percent of the total cost of constructing the project is to be
paid by the agency or agencies and if any portion of the cost of the project is to be paid by the
levy of special assessments, the board may by resolution create a project assessment district
for the purpose of levying special assessments to finance the amount the district will be
obligated to pay in accordance with the agreement, over and above any other funds that are on
hand and properly available for that purpose. The assessment district must be of a size and
form as to include all properties that in the judgment of the board, after consultation with a
registered engineer designated by the board for that purpose, will be benefited by the
construction of the proposed project, and the board shall direct the engineer to prepare a map
showing the boundaries of the proposed assessment district. The board shall by resolution
declare the necessity of the project, set forth the general nature and purpose of the proposed
project, estimate the total cost of the project, and the approximate amount or fraction of the cost
that the district will be obligated to pay under the agreement, and the fact that this amount, or a
lesser amount as the board may specify, is proposed to be paid by the levy of special
assessments upon property within the assessment district determined to be benefited by the
project. The board shall cause the resolution of necessity together with a copy of the map
showing the boundaries of the assessment district and a notice stating the date and time by
which the owners of any property liable to be specially assessed for the proposed project must
file their votes on the proposed project with the secretary of the board to be mailed to each
landowner affected by the proposed project as determined by the tax rolls of the county in which
the affected property is located. The board may send the material by certified mail or by regular
mail attested by an affidavit of mailing signed by the attorney or secretary of the board. The
notice also must set forth the time and place where the board shall meet to determine whether
the project is approved. The notice must also be published once in a newspaper of general
circulation in the district and once in the official county newspaper of each county in which the
benefited lands are located. Within five days after the first mailing of the resolution the board
shall cause a copy of the resolution to be personally served upon any county, city, township,
school district, park district, or other political subdivision, in its corporate capacity which may be
benefited directly or indirectly from the construction of the proposed project and upon any
county which may become liable for any deficiency in the fund to be created for the project, by
delivering a copy of the resolution to any member of the governing body thereof. The meeting
must be held not less than thirty days after the mailing of the resolution, at which time the board
shall determine whether the project is approved. If the board finds that fifty percent or more of
the total votes filed are against a proposed project, then the board may not proceed further with
the proposed project. If the board finds that less than fifty percent of votes filed are against the
proposed project, the board may proceed with the project. In any assessment district created
under this section the board may dispense with all other requirements of this chapter, other than
those stated in this section. After the contract for the work has been let, the board may issue
warrants on the fund of the project for the total amount of the cost thereof, and the board,
without holding the hearing required by section 61-16.1-18, shall proceed to determine and levy
any assessments against property benefited by the project and prepare an assessment list in
accordance with the procedures required by sections 61-16.1-21 through 61-16.1-24. Sections
61-16.1-25 through 61-16.1-36 apply to the assessments and the special warrants issued
pursuant to this section.