12-17,142.   Same; creation of district; petition;procedure.(a) In addition to any other power provided by law and as acomplete alternative to all other methods provided by law, the governing bodyof any municipality may create a district as provided by this act for thepurpose of financing projects. A municipality may create a district, or maymodify a previously created district, upon receipt of a petition signed by theowners of all of the land area within the proposed district. The petition shallcontain: (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      (b)   Names may not be withdrawn from the petitions by the signers thereofafter the governing body commences consideration of the petitions or later thanseven days after such filing, whichever occurs first. The petition shallcontain a notice that: (1) The names of the signers may not be withdrawn aftersuch a period of time; and (2) the signers consent to any assessments to theextent described therein without regard to benefits conferred by the project.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 byresolution or ordinance as to the nature, advisability andmaximum cost ofthe project, the boundaries of the district and the amount and method ofassessment. Upon making such findings the governing body may authorize theproject in accordance with such findings as to the advisability of the project.The resolution or ordinance shall be effective upon publication once in anewspaper.

      (d)   The district boundaries and the method of financing for the project shallnot require that all property that is benefited by the project, whether thebenefited property is within or without the district, be included in thedistrict or be subject to an assessment or the transportation developmentdistrict sales tax.

      (e)   Following authorization of the project, the petition shall be submittedfor recording in the office of the register of deeds of the county in which thedistrict is located.

      History:   L. 2003, ch. 120, § 6;L. 2005, ch. 130, § 2; July 1.