12-17,142. Same; creation of district; petition; procedure.
12-17,142
12-17,142. Same; creation of district; petition;
procedure.
(a) In addition to any other power provided by law and as a
complete alternative to all other methods provided by law, the governing body
of any municipality may create a district as provided by this act for the
purpose of financing projects. A municipality may create a district, or may
modify a previously created district, upon receipt of a petition signed by the
owners of all of the land area within the proposed district. The petition shall
contain: (1) The general nature of the proposed project;
(2) the maximum cost of the project;
(3) the proposed method of financing the project;
(4) the proposed amount and method of assessment;
(5) the proposed amount of transportation development district sales tax; and
(6) a map or boundary description of the proposed district.
(b) Names may not be withdrawn from the petitions by the signers thereof
after the governing body commences consideration of the petitions or later than
seven days after such filing, whichever occurs first. The petition shall
contain a notice that: (1) The names of the signers may not be withdrawn after
such a period of time; and (2) the signers consent to any assessments to the
extent described therein without regard to benefits conferred by the project.
(c) Upon filing of the petition for a district financed only by assessments,
the governing body may proceed without notice or a hearing to make findings by
resolution or ordinance as to the nature, advisability and
maximum cost of
the project, the boundaries of the district and the amount and method of
assessment. Upon making such findings the governing body may authorize the
project in accordance with such findings as to the advisability of the project.
The resolution or ordinance shall be effective upon publication once in a
newspaper.
(d) The district boundaries and the method of financing for the project shall
not require that all property that is benefited by the project, whether the
benefited property is within or without the district, be included in the
district or be subject to an assessment or the transportation development
district sales tax.
(e) Following authorization of the project, the petition shall be submitted
for recording in the office of the register of deeds of the county in which the
district is located.
History: L. 2003, ch. 120, § 6;
L. 2005, ch. 130, § 2; July 1.