48-2834

48-2834. Petition; resolution of intention to order improvement

A. Before the board adopts a resolution of intention that will result in an assessment against one or more lots, acres or parcels within the district, the proponents of the proposed project shall circulate and submit to the board a petition in support of the proposed improvement that is signed by the owners of more than fifty per cent of the acreage that is proposed to be subject to the assessment.

B. The petition may consist of one or more documents but shall contain a description of the boundaries for the proposed assessment, a description of the proposed project and an estimate of the amount of the proposed assessment. The petition shall also state that property within the district will be assessed to pay the costs and expenses of the project.

C. On receipt of a petition signed by the required property owners, the board may consider adopting a resolution of intention ordering an improvement.

D. Before ordering an improvement authorized by this article, the board shall adopt a resolution of intention to order improvement that briefly describes the improvement and its location. Pursuant to the resolution and the subsequent proceedings, one or more flood protection facilities may be constructed and shall constitute one improvement and may be constructed under one or more contracts. Such a resolution may also state reasons why the project should be constructed.

E. The board may order the expense of the improvement chargeable on an assessment district in the flood protection district. The board shall describe the extent of the assessment district in general terms in its resolution of intention by reference to street lines or block numbers or by designating its exterior boundaries by their courses and distances from the street or streets located where the improvement is proposed, or may refer to a map that is either attached to the resolution of intention or on file in the office of the flood protection district and that shows the exterior boundary lines of the assessment district and contains such details as will show the location of the proposed flood protection facility. If the resolution of intention references a map, a copy of the map shall be attached to the notice of the passage of the resolution of intention.