§ 11-39-105. Assessments against property wholly within, partly within or wholly without or partly without boundary of city levying assessment - Contracts for improvements.

Section 39-105.  A.  Whenever the boundary of a city is upon or along any street which at that point lies wholly within, partly within or partly without or wholly outside of its boundary, but contiguous to the boundary of the city, the governing body of such city may include the street in the district, improve that portion of such street and assess a part of the cost thereof against the abutting property lying on both sides of such street.  Provided, however, if such street is wholly or partly within the boundary of another city, the governing body of such other city shall, by resolution, consent to the improvement and give its consent to assessment of the benefited property.

B.  If, within thirty (30) days after the adoption of the ordinance levying the assessment by the city creating the district, the governing body of the city in which the property is situated does not, by resolution, consent or ratify the assessments, the governing body of the city creating the district may:

1.  Modify the boundary of the district to exclude the property from the district;

2.  Assume the cost of the improvement assessed against the property lying beyond the boundary of the city; or

3.  Nullify the proceedings, including any contract, relating to the district.  Any failure on the part of the governing body of the other city to ratify the assessments levied by the city creating the improvement district shall not affect the validity of the assessments which have been levied against any property lying within the limits of the city creating the improvement district.

C.  The owner, or his designated agent, of any property lying outside the boundary of the city creating the district and in the district, including the county and any affected subdivision outside the city, shall have the same rights granted to owners of property lying within the boundary of the city creating the district.

D.  Whenever a part of the boundary of two or more cities is upon or along any street or is along the edge of any street and the governing bodies of the cities determine the necessity for making an improvement upon any portion of the street, the governing bodies of the cities may contract, upon such terms as are to them mutually agreeable, to make the improvement.  The contract shall:

1.  Authorize one of the cities to create the district pursuant to the Improvement District Act; and

2.  Prescribe the apportionment of the costs, if any, among the cities and the manner and payment of such cost.  The payment of such costs by the cities party to the contract is lawful whether the improvement is wholly within, partly within and partly without or wholly outside its limits.

Laws 1978, c. 233, § 5, emerg. eff. April 25, 1978.