48-911

48-911. Rights of way within district; improvements and maintenance

A. All streets, lanes, alleys, places, courts, avenues, boulevards, highways, crossings, intersections, public ways and grounds in an improvement district organized under this article, which are open to the public use or dedicated to public use by a plat of record or otherwise, shall be deemed to be public and subject to improvement and maintenance under this article. The board of directors of the district may order to be done thereon any work or improvement mentioned in this article, but no provision of this article or any proceeding or improvement had or made under this article shall be held to impose on the county the duty of maintaining the same as county roads or highways unless and until the county takes them over as county roads or highways by appropriate resolution to that effect.

B. If there are in any such district public roads or highways which are maintained by the county, the county roads or highways may be improved by the district under the provisions of this article and in that case the resolution of intention for the improvement shall state what portion, if any, of the cost of the improvement will be paid by the county and to what extent the county will maintain the public road or highway after the improvement is made, but the portion, if any, of the cost of the improvement to be paid for by the county shall be included in the assessment and may be paid for in cash, or the amount thereof may be included in any bonds issued for the improvement, and, if so included, the assessment shall bear the same interest and be payable by the district in installments, as assessments against property of private persons. The district, however, may contract with the county for the payment to the district of such assessment and interest as may become due and payable, and the county shall perform the contract.