12-6a28.   Same; creation of district for financingprojects; petition request, contents; findings; establishment ofdistrict.(a) In addition to any other power provided by law and as acompletealternative to all other methods provided by law, the governing body ofany municipality may create a district as provided by this act for thepurpose of financing projects. Under this section, a municipality maycreate a district, or may modify a district previously created under thissection, upon receipt of a petition that is signed by the owners of all ofthe land area within the proposed district, and is both (1) seekingfinancing only by assessments and (2) not seeking the issuance of fullfaith and credit bonds pursuant to this act. The petition shall contain:

      (A)   The general nature of the proposed project;

      (B)   the estimated cost of the project;

      (C)   the proposed method of financing the project;

      (D)   the proposed amount and method of assessment;

      (E)   a map of the proposed district; and

      (F)   a legal description of the boundaries of the proposed district.

      (b)   Names may not be withdrawn from the petitions by the signersthereof after the governing body commences consideration of thepetitions or later than seven days after the filing of such petition withthe clerk of the municipality, whichever occurs first. The petition shallcontain a notice that: (1) The names of the signers may not bewithdrawn after such a period of time; and (2) the signers consent toany assessments to the extent described therein without regard tobenefits conferred by the project.

      (c)   Upon filing of the petition pursuant to this section, the governingbody may proceed without notice or a hearing to make findings byresolution or ordinance as to the nature, advisability and estimatedcost of the project, the boundaries of the district and the amount andmethod of assessment. Upon making such findings, the governingbody by majority vote may authorize the project in accordance withsuch findings as to the advisability of the project. The resolution orordinance shall be effective upon publication once in the newspaper.

      (d)   The district boundaries and the method of financing for theproject shall not require that all property that is benefited by the project,whether the benefited property is within or without the district, beincluded in the district or be subject to an assessment.

      (e)   Following authorization of the project, the ordinance orresolution establishing the district shall be submitted for recording inthe office of the register of deeds of the county in which the district islocated.

      History:   L. 2009, ch. 122, § 4; July 1.