Article 27.--PUBLIC IMPROVEMENTS; IMPROVEMENT AND SERVICE DISTRICTS
19-2786e.Same; annexation of part of district by city or inclusion
of part of district in newly incorporated city; agreements as to liabilities
and obligations; special assessments; failure to contract, effect.
(a) When less than all of the territory within any such improvement district
is annexed by a city or is included in a newly incorporated city, the governing
authorities of such city and such
improvement district shall be authorized to enter into contracts in
regard to the division and allocation of duplicate and overlapping
powers, functions and duties between such agencies, and in regard to the
use, improvement, control, purchase, assumption and disposition of the
properties, assets, debts, liabilities and obligations of such district.
Any such district is expressly authorized to enter into agreements with
such city for the operation of the district's utility systems and other
properties by such city and may provide for the transfer, conveyance and
sale of such systems and properties of whatever kind and wherever
situated (including properties outside of the city) to such city and
upon such terms and conditions as may be mutually agreed upon by and
between the governing bodies of such district and city. Such operating
contracts may extend for such period of time not exceeding 30
years as may be agreed upon and shall be subject to amendment, renewal
or termination by mutual consent of such governing bodies. No such
contract shall contain any provision impairing the obligation of any
existing contract of such city or district.
The city shall assume and pay, as a general obligation of the city
any and all special assessments or special taxes levied against any of
the lots, parcels or tracts of land by the improvement district and such
lots, parcels or tracts of land
shall be discharged from the lien of such special assessments or taxes,
except that the city shall not assume and agree to pay, nor shall any
such property be discharged from the lien of any special taxes or
assessments which might be levied to pay the cost of the construction of
streets, lateral sewers or water distribution systems and such special
taxes or assessments shall continue as a lien upon such real property
and shall be paid by the owners of such real property as if the same had
not been annexed by the city or included within a newly incorporated
city. In the absence of a contract between
the city and the improvement district such district shall be authorized
to continue to exercise all the powers and functions which it was
empowered to exercise and perform prior to such annexation or incorporation
of such city, and the city
shall not duplicate services rendered by the district or the district's
boundaries without the district's consent but may perform
in the district all
other municipal functions in which the district is not engaged.
History: L. 1959, ch. 139, § 10; L. 1981, ch. 121, § 2; April 28.
Article 27.--PUBLIC IMPROVEMENTS; IMPROVEMENT AND SERVICE DISTRICTS
19-2786e.Same; annexation of part of district by city or inclusion
of part of district in newly incorporated city; agreements as to liabilities
and obligations; special assessments; failure to contract, effect.
(a) When less than all of the territory within any such improvement district
is annexed by a city or is included in a newly incorporated city, the governing
authorities of such city and such
improvement district shall be authorized to enter into contracts in
regard to the division and allocation of duplicate and overlapping
powers, functions and duties between such agencies, and in regard to the
use, improvement, control, purchase, assumption and disposition of the
properties, assets, debts, liabilities and obligations of such district.
Any such district is expressly authorized to enter into agreements with
such city for the operation of the district's utility systems and other
properties by such city and may provide for the transfer, conveyance and
sale of such systems and properties of whatever kind and wherever
situated (including properties outside of the city) to such city and
upon such terms and conditions as may be mutually agreed upon by and
between the governing bodies of such district and city. Such operating
contracts may extend for such period of time not exceeding 30
years as may be agreed upon and shall be subject to amendment, renewal
or termination by mutual consent of such governing bodies. No such
contract shall contain any provision impairing the obligation of any
existing contract of such city or district.
The city shall assume and pay, as a general obligation of the city
any and all special assessments or special taxes levied against any of
the lots, parcels or tracts of land by the improvement district and such
lots, parcels or tracts of land
shall be discharged from the lien of such special assessments or taxes,
except that the city shall not assume and agree to pay, nor shall any
such property be discharged from the lien of any special taxes or
assessments which might be levied to pay the cost of the construction of
streets, lateral sewers or water distribution systems and such special
taxes or assessments shall continue as a lien upon such real property
and shall be paid by the owners of such real property as if the same had
not been annexed by the city or included within a newly incorporated
city. In the absence of a contract between
the city and the improvement district such district shall be authorized
to continue to exercise all the powers and functions which it was
empowered to exercise and perform prior to such annexation or incorporation
of such city, and the city
shall not duplicate services rendered by the district or the district's
boundaries without the district's consent but may perform
in the district all
other municipal functions in which the district is not engaged.
History: L. 1959, ch. 139, § 10; L. 1981, ch. 121, § 2; April 28.
Article 27.--PUBLIC IMPROVEMENTS; IMPROVEMENT AND SERVICE DISTRICTS
19-2786e.Same; annexation of part of district by city or inclusion
of part of district in newly incorporated city; agreements as to liabilities
and obligations; special assessments; failure to contract, effect.
(a) When less than all of the territory within any such improvement district
is annexed by a city or is included in a newly incorporated city, the governing
authorities of such city and such
improvement district shall be authorized to enter into contracts in
regard to the division and allocation of duplicate and overlapping
powers, functions and duties between such agencies, and in regard to the
use, improvement, control, purchase, assumption and disposition of the
properties, assets, debts, liabilities and obligations of such district.
Any such district is expressly authorized to enter into agreements with
such city for the operation of the district's utility systems and other
properties by such city and may provide for the transfer, conveyance and
sale of such systems and properties of whatever kind and wherever
situated (including properties outside of the city) to such city and
upon such terms and conditions as may be mutually agreed upon by and
between the governing bodies of such district and city. Such operating
contracts may extend for such period of time not exceeding 30
years as may be agreed upon and shall be subject to amendment, renewal
or termination by mutual consent of such governing bodies. No such
contract shall contain any provision impairing the obligation of any
existing contract of such city or district.
The city shall assume and pay, as a general obligation of the city
any and all special assessments or special taxes levied against any of
the lots, parcels or tracts of land by the improvement district and such
lots, parcels or tracts of land
shall be discharged from the lien of such special assessments or taxes,
except that the city shall not assume and agree to pay, nor shall any
such property be discharged from the lien of any special taxes or
assessments which might be levied to pay the cost of the construction of
streets, lateral sewers or water distribution systems and such special
taxes or assessments shall continue as a lien upon such real property
and shall be paid by the owners of such real property as if the same had
not been annexed by the city or included within a newly incorporated
city. In the absence of a contract between
the city and the improvement district such district shall be authorized
to continue to exercise all the powers and functions which it was
empowered to exercise and perform prior to such annexation or incorporation
of such city, and the city
shall not duplicate services rendered by the district or the district's
boundaries without the district's consent but may perform
in the district all
other municipal functions in which the district is not engaged.
History: L. 1959, ch. 139, § 10; L. 1981, ch. 121, § 2; April 28.