19-27a06.   Resolution; cost exceeding estimate; second hearing required;notice; continuation or discontinuation of project.(a) The board of county commissioners may create a sewerdistrict by resolution passed at any time within one year after the conclusionof the public hearing required herein. The sewer district shall be createdsubstantially as requested by the petition or other authorized request exceptthat 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 lettingof contracts for construction, the governing body of a sewer district determinesthat the cost of an improvement project will increase more than 10% of theinitial estimated cost, the governing body shall hold another public hearingthereon. Notice of any subsequent hearings shall be given in the same manneras for the firsthearing. After the hearing, the governing body may stop work on the projectand dissolve the sewer district or approve the continuation of the projectwith any changes it deems necessary.

      (c)   If the governing body determines that the continuation of the projectis not feasible, all costs and expenses of the project, including preliminaryplanning, engineering, legal and work of other skilled persons employedby the governing body shall be assessed against the lots and pieces of propertywithin the district. The special assessment shall be levied and assessedas one tax, in addition to other taxes and special assessments. Upon theorder of the governing body, the county clerk shall place the special assessmentupon the tax roll for collection subject to the same rebate and collectedin the same manner as other taxes.

      History:   L. 1983, ch. 99, § 7; July 1.