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Local improvement districts or utility local improvement districts to carry
out the whole or any portion of the general comprehensive plan of
improvements or plan providing for additions and betterments to an original
general comprehensive plan previously adopted may be initiated either by
resolution of the board of commissioners or by petition signed by the owners
according to the records of the office of the applicable county auditor of at
least fifty-one percent of the area of the land within the limits of the
improvement district to be created.
In case the board of commissioners desires to initiate the formation of an
improvement district by resolution, it first shall pass a resolution declaring
its intention to order the improvement, setting forth the nature and territorial
extent of such proposed improvement, designating the number of the
proposed improvement district, and describing the boundaries thereof,
stating the estimated cost and expense of the improvement and the
proportionate amount thereof which will be borne by the property within the
proposed improvement district, and fixing a date, time, and place for a
public hearing on the formation of the proposed improvement district.
In case any such, improvement district is initiated by petition, the petition
shall set forth the nature and territorial extent of the proposed improvement
requested to be ordered and the fact that the signers thereof are the owners
according to the records of the applicable county auditor of at least fifty-one
percent of the area of land within the limits of the improvement district to be
created. Upon the filing of such petition the board shall determine whether
the petition is sufficient, and the board's determination thereof shall be
conclusive upon all persons. No person may withdraw his or her name from
the petition after it has been filed with the board of commissioners. If the
board finds the petition to be sufficient, it shall proceed to adopt a resolution
declaring its intention to order the improvement petitioned for, setting forth
the nature and territorial extent of the improvement, designating the number
of the proposed improvement district and describing the boundaries thereof,
stating the estimated cost and expense of the improvement and the
proportionate amount thereof which will be borne by the property within the
proposed improvement district, and fixing a date, time, and place for a
public hearing on the formation of the proposed improvement district.
Notice of the adoption of the resolution of intention, whether the
resolution was adopted on the initiative of the board or pursuant to a petition
of the property owners, shall be published in at least two consecutive issues
of a newspaper of general circulation in the proposed improvement district,
the date of the first publication to be at least fifteen days prior to the date
fixed by such resolution for hearing before the board of commissioners.
Notice of the adoption of the resolution of intention shall also be given each
owner or reputed owner of any lot, tract, parcel of land, or other property
within the proposed improvement district by mailing the notice at least
fifteen days before the date fixed for the public hearing to the owner or
reputed owner of the property as shown on the tax rolls of the county
treasurer of the county in which the real property is located at the address
shown thereon. Whenever such notices are mailed, the commissioners shall
maintain a list of the reputed property owners, which list shall be kept on file
at a location within the district and shall be made available for public
perusal. The notices shall refer to the resolution of intention and designate
the proposed improvement district by number. The notices also shall set
forth the nature of the proposed improvement, the total estimated cost, the
proportion of total cost to be borne by assessments, and the date, time, and
place of the hearing before the board of commissioners. In the case of
improvements initiated by resolution, the notice also shall:(l) State that all
persons desiring to object to the formation of the proposed district must file
their written protests with the secretary of the board of commissioners no
later than ten days after the public hearing;(2) state that if owners of at least
forty percent of the area of land within the proposed improvement district
file written protests with the secretary of the board, the power of the
commissioners to proceed with the creation of the proposed improvement
district shall be divested;(3) provide the name and address of the secretary
of the board; and4) state the hours and location within the district where
the names of the property owners within the proposed improvement district
are kept available for public perusal. In the case of the notice given each
owner or reputed owner by mail, the notice shall set forth the estimated
amount of the cost and expense of such improvement to be borne by the
particular lot, tract, parcel of land, or other property.
U999 c 153 $ 15; 1996c230 g 602; 1991 c 190 $ 7;1986c256 g 3; 1982
lstex.s. c 17 $ 16;1977 ex.s. c299 $ 7;1965 ex.s. c39 $ l;1959 c l8 g 11.
Prior: 1953 c251 $ 14;1929cll4 $ 12,part;RRS $ 11590,part. Cf. 1913 c
161 $ 12,part.l