19-27a06. Resolution; cost exceeding estimate; second hearing required; notice; continuation or discontinuation of project.
19-27a06
19-27a06. Resolution; cost exceeding estimate; second hearing required;
notice; continuation or discontinuation of project.
(a) The board of county commissioners may create a sewer
district by resolution passed at any time within one year after the conclusion
of the public hearing required herein. The sewer district shall be created
substantially as requested by the petition or other authorized request except
that no area shall be added which was not described in the notice of public hearing.
(b) If at any time after creating a sewer district and prior to the letting
of contracts for construction, the governing body of a sewer district determines
that the cost of an improvement project will increase more than 10% of the
initial estimated cost, the governing body shall hold another public hearing
thereon. Notice of any subsequent hearings shall be given in the same manner
as for the first
hearing. After the hearing, the governing body may stop work on the project
and dissolve the sewer district or approve the continuation of the project
with any changes it deems necessary.
(c) If the governing body determines that the continuation of the project
is not feasible, all costs and expenses of the project, including preliminary
planning, engineering, legal and work of other skilled persons employed
by the governing body shall be assessed against the lots and pieces of property
within the district. The special assessment shall be levied and assessed
as one tax, in addition to other taxes and special assessments. Upon the
order of the governing body, the county clerk shall place the special assessment
upon the tax roll for collection subject to the same rebate and collected
in the same manner as other taxes.
History: L. 1983, ch. 99, § 7; July 1.