238.230. Special assessments, vote required--election, ballot form--petition form--effect of failure of question.
Special assessments, vote required--election, ballot form--petitionform--effect of failure of question.
238.230. 1. If approved by:
(1) A majority of the qualified voters voting on the question in thedistrict; or
(2) The owners of record of all of the real property located withinthe district who shall indicate their approval by signing a specialassessment petition;
the district may make one or more special assessments for those projectimprovements which specially benefit the properties within the district.Improvements which may confer special benefits within a district includebut are not limited to improvements which are intended primarily to servetraffic originating or ending within the district, to reduce local trafficcongestion or circuity of travel, or to improve the safety of motorists orpedestrians within the district.
2. The ballot question shall be substantially in the following form:
Shall the ............... Transportation Development District beauthorized to levy special assessments against property benefited withinthe district for the purpose of providing revenue for the development of aproject (or projects) in the district (insert general description of theproject or projects, if necessary), said special assessments to be leviedratably against each tract, lot or parcel of property within the districtwhich is benefited by such project in proportion to the (insert method ofallocating special assessments), in an amount not to exceed $ ..........per annum per (insert unit of measurement)?
3. The special assessment petition shall be substantially in thefollowing form:
The ................................. Transportation DevelopmentDistrict shall be authorized to levy special assessments against propertybenefited within the district for the purpose of providing revenue for thedevelopment of a project (or projects) in the district (insert generaldescription of the project or projects, if necessary), said specialassessments to be levied pro rata against each tract, lot or parcel orproperty within the district which is benefited by such project inproportion to the (insert method of allocating special assessments), in anamount not to exceed $...... per annum per (insert unit of measurement).
4. If a proposal for making a special assessment fails, the districtboard of directors may, with the prior approval of the commission or thelocal transportation authority which will assume ownership of the completedproject, delete from the project any portion which was to be funded byspecial assessment and which is not otherwise required for projectintegrity.
5. A district may establish different classes or subclasses of realproperty within the district for purposes of levying differing rates ofspecial assessments. The levy rate for special assessments may vary foreach class or subclass of real property based on the level of benefitderived by each class or subclass from projects funded by the district.
(L. 1990 S.B. 479 & 649 § 47, A.L. 1997 S.B. 303, A.L. 2007 S.B. 22)