19-27a07.Cost of project; assessments; notice; hearing; methods of
assessment; protest; payment of assessments in full; issuance of bonds; dedication
of property for public use.
(a) After a sewer district has been created and improvements
have been completed, the governing body of the sewer district shall determine
the cost of the improvements and the proposed special assessment to be made
against each tract of land within the district and shall prepare a proposed
assessment resolution containing an assessment roll. The proposed assessment
roll shall be filed with the county clerk and shall be open for public inspection.
The proposed resolution fixing the
special assessments shall be published once in a newspaper
of general circulation within the county at least 10 days prior to the date
of the public hearing thereon. It shall
state the cost of the improvements, the proposed method of assessment, the
date, time and place of the public hearing to consider the proposed special
assessments and that written or oral objections will be considered at the
hearing. The proposed assessment shall be mailed by prepaid first class mail at least
10 days prior to the hearing to all landowners made liable to pay the special
assessments. The failure of any landowner to receive the proposed assessment
resolution shall not invalidate the proceedings. At the meeting or at any
adjournment thereof, the governing body shall hear all objections to each
proposed special assessment and may amend
the proposed assessment resolution as to any tract of land. The governing
body shall levy the special assessments against the property described in
the assessment roll by the adoption and publication of the proposed assessment
resolution.
The special assessment shall become a lien on the property against which
the special assessment is made from the effective date of the resolution.
(b) The board of county commissioners shall assess the cost of the improvements
against the property in accordance with the benefit received. The cost may be assessed:
(1) Equally per square foot against all property in the district;
(2) against the assessed value of the lots and pieces of property in the
district with or without regard to improvements thereon;
(3) by a combination of (1) and (2); or
(4) in any other reasonable manner which will result in imposing substantially
equal burdens or shares of cost upon property similarly benefited.
All public roads, public parks and public cemeteries shall be exempt from assessment.
(c) If subsequent to the making of any special assessment against any
parcel or tract of land, the landowner desires to plat or replat the land
and dedicate streets and roads, or parts of the land, for public use, the
board of county commissioners may release the land proposed to be dedicated
from the lien and effect of the special assessment. The landowner shall
in or on the instrument making the dedication consent in appropriate form
that the amount of the unpaid special assessment on the dedicated land shall
become and remain a lien on the remainder of the owner's land fronting or
abutting on the dedicated road or street.
(d) After the governing body of the district determines the cost of the
improvements and apportions the cost among the various lots or parcels of
land within the sewer district by the passage of the proposed assessment
resolution, it shall fix a date on or prior to which the special assessments
may be paid in full without interest. If the special assessment is paid
in full as to any lot or parcel of property, such lot or parcel of property
shall be relieved from any further liability for the cost of the improvement
or for payment of any bonds thereafter issued in payment therefor. No suit
to set aside the special assessments provided by this section, or to enjoin
the making of the same nor any defense to the validity thereof shall be
brought later than 30 days from the passage of the proposed assessment resolution.
(e) After the expiration of the thirty-day period required by subsection
(d), the governing body of the district shall determine the total amount
of the costs of the improvements remaining unpaid and may issue and sell
general obligation bonds of the county. Except as provided by this section,
the bonds shall be issued in the manner provided by the general bond law.
Each bond shall specify the date of its separate maturity and shall be in
the denomination determined by the governing body. The bonds shall be in
addition to and may exceed the limits of the bonded indebtedness of the county.
19-27a07.Cost of project; assessments; notice; hearing; methods of
assessment; protest; payment of assessments in full; issuance of bonds; dedication
of property for public use.
(a) After a sewer district has been created and improvements
have been completed, the governing body of the sewer district shall determine
the cost of the improvements and the proposed special assessment to be made
against each tract of land within the district and shall prepare a proposed
assessment resolution containing an assessment roll. The proposed assessment
roll shall be filed with the county clerk and shall be open for public inspection.
The proposed resolution fixing the
special assessments shall be published once in a newspaper
of general circulation within the county at least 10 days prior to the date
of the public hearing thereon. It shall
state the cost of the improvements, the proposed method of assessment, the
date, time and place of the public hearing to consider the proposed special
assessments and that written or oral objections will be considered at the
hearing. The proposed assessment shall be mailed by prepaid first class mail at least
10 days prior to the hearing to all landowners made liable to pay the special
assessments. The failure of any landowner to receive the proposed assessment
resolution shall not invalidate the proceedings. At the meeting or at any
adjournment thereof, the governing body shall hear all objections to each
proposed special assessment and may amend
the proposed assessment resolution as to any tract of land. The governing
body shall levy the special assessments against the property described in
the assessment roll by the adoption and publication of the proposed assessment
resolution.
The special assessment shall become a lien on the property against which
the special assessment is made from the effective date of the resolution.
(b) The board of county commissioners shall assess the cost of the improvements
against the property in accordance with the benefit received. The cost may be assessed:
(1) Equally per square foot against all property in the district;
(2) against the assessed value of the lots and pieces of property in the
district with or without regard to improvements thereon;
(3) by a combination of (1) and (2); or
(4) in any other reasonable manner which will result in imposing substantially
equal burdens or shares of cost upon property similarly benefited.
All public roads, public parks and public cemeteries shall be exempt from assessment.
(c) If subsequent to the making of any special assessment against any
parcel or tract of land, the landowner desires to plat or replat the land
and dedicate streets and roads, or parts of the land, for public use, the
board of county commissioners may release the land proposed to be dedicated
from the lien and effect of the special assessment. The landowner shall
in or on the instrument making the dedication consent in appropriate form
that the amount of the unpaid special assessment on the dedicated land shall
become and remain a lien on the remainder of the owner's land fronting or
abutting on the dedicated road or street.
(d) After the governing body of the district determines the cost of the
improvements and apportions the cost among the various lots or parcels of
land within the sewer district by the passage of the proposed assessment
resolution, it shall fix a date on or prior to which the special assessments
may be paid in full without interest. If the special assessment is paid
in full as to any lot or parcel of property, such lot or parcel of property
shall be relieved from any further liability for the cost of the improvement
or for payment of any bonds thereafter issued in payment therefor. No suit
to set aside the special assessments provided by this section, or to enjoin
the making of the same nor any defense to the validity thereof shall be
brought later than 30 days from the passage of the proposed assessment resolution.
(e) After the expiration of the thirty-day period required by subsection
(d), the governing body of the district shall determine the total amount
of the costs of the improvements remaining unpaid and may issue and sell
general obligation bonds of the county. Except as provided by this section,
the bonds shall be issued in the manner provided by the general bond law.
Each bond shall specify the date of its separate maturity and shall be in
the denomination determined by the governing body. The bonds shall be in
addition to and may exceed the limits of the bonded indebtedness of the county.
19-27a07.Cost of project; assessments; notice; hearing; methods of
assessment; protest; payment of assessments in full; issuance of bonds; dedication
of property for public use.
(a) After a sewer district has been created and improvements
have been completed, the governing body of the sewer district shall determine
the cost of the improvements and the proposed special assessment to be made
against each tract of land within the district and shall prepare a proposed
assessment resolution containing an assessment roll. The proposed assessment
roll shall be filed with the county clerk and shall be open for public inspection.
The proposed resolution fixing the
special assessments shall be published once in a newspaper
of general circulation within the county at least 10 days prior to the date
of the public hearing thereon. It shall
state the cost of the improvements, the proposed method of assessment, the
date, time and place of the public hearing to consider the proposed special
assessments and that written or oral objections will be considered at the
hearing. The proposed assessment shall be mailed by prepaid first class mail at least
10 days prior to the hearing to all landowners made liable to pay the special
assessments. The failure of any landowner to receive the proposed assessment
resolution shall not invalidate the proceedings. At the meeting or at any
adjournment thereof, the governing body shall hear all objections to each
proposed special assessment and may amend
the proposed assessment resolution as to any tract of land. The governing
body shall levy the special assessments against the property described in
the assessment roll by the adoption and publication of the proposed assessment
resolution.
The special assessment shall become a lien on the property against which
the special assessment is made from the effective date of the resolution.
(b) The board of county commissioners shall assess the cost of the improvements
against the property in accordance with the benefit received. The cost may be assessed:
(1) Equally per square foot against all property in the district;
(2) against the assessed value of the lots and pieces of property in the
district with or without regard to improvements thereon;
(3) by a combination of (1) and (2); or
(4) in any other reasonable manner which will result in imposing substantially
equal burdens or shares of cost upon property similarly benefited.
All public roads, public parks and public cemeteries shall be exempt from assessment.
(c) If subsequent to the making of any special assessment against any
parcel or tract of land, the landowner desires to plat or replat the land
and dedicate streets and roads, or parts of the land, for public use, the
board of county commissioners may release the land proposed to be dedicated
from the lien and effect of the special assessment. The landowner shall
in or on the instrument making the dedication consent in appropriate form
that the amount of the unpaid special assessment on the dedicated land shall
become and remain a lien on the remainder of the owner's land fronting or
abutting on the dedicated road or street.
(d) After the governing body of the district determines the cost of the
improvements and apportions the cost among the various lots or parcels of
land within the sewer district by the passage of the proposed assessment
resolution, it shall fix a date on or prior to which the special assessments
may be paid in full without interest. If the special assessment is paid
in full as to any lot or parcel of property, such lot or parcel of property
shall be relieved from any further liability for the cost of the improvement
or for payment of any bonds thereafter issued in payment therefor. No suit
to set aside the special assessments provided by this section, or to enjoin
the making of the same nor any defense to the validity thereof shall be
brought later than 30 days from the passage of the proposed assessment resolution.
(e) After the expiration of the thirty-day period required by subsection
(d), the governing body of the district shall determine the total amount
of the costs of the improvements remaining unpaid and may issue and sell
general obligation bonds of the county. Except as provided by this section,
the bonds shall be issued in the manner provided by the general bond law.
Each bond shall specify the date of its separate maturity and shall be in
the denomination determined by the governing body. The bonds shall be in
addition to and may exceed the limits of the bonded indebtedness of the county.