48-2834. Petition; resolution of intention to
order improvement
A. Before the board adopts a resolution of intention that will result in an
assessment against one or more lots, acres or parcels within the district, the proponents
of the proposed project shall circulate and submit to the board a petition in support of
the proposed improvement that is signed by the owners of more than fifty per cent of the
acreage that is proposed to be subject to the assessment.
B. The petition may consist of one or more documents but shall contain a
description of the boundaries for the proposed assessment, a description of the proposed
project and an estimate of the amount of the proposed assessment. The petition shall also
state that property within the district will be assessed to pay the costs and expenses of
the project.
C. On receipt of a petition signed by the required property owners, the board may
consider adopting a resolution of intention ordering an improvement.
D. Before ordering an improvement authorized by this article, the board shall adopt
a resolution of intention to order improvement that briefly describes the improvement and
its location. Pursuant to the resolution and the subsequent proceedings, one or more
flood protection facilities may be constructed and shall constitute one improvement and
may be constructed under one or more contracts. Such a resolution may also state reasons
why the project should be constructed.
E. The board may order the expense of the improvement chargeable on an assessment
district in the flood protection district. The board shall describe the extent of the
assessment district in general terms in its resolution of intention by reference to
street lines or block numbers or by designating its exterior boundaries by their courses
and distances from the street or streets located where the improvement is proposed, or
may refer to a map that is either attached to the resolution of intention or on file in
the office of the flood protection district and that shows the exterior boundary lines of
the assessment district and contains such details as will show the location of the
proposed flood protection facility. If the resolution of intention references a map, a
copy of the map shall be attached to the notice of the passage of the resolution of
intention.
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