§ 11-39-106. Petitions - Preliminary plans and estimates of cost - Resolutions.

A.  For area within the boundary of a city, a petition shall be filed with the city clerk.  The petition shall state in bold, capitalized letters at the top of the page that the cost of the proposed improvements shall be assessed against the property benefited by the improvements.  In addition, the petition shall be in a format which:

1.  Sets forth:

a.the general nature of the improvements to be made,

b.the estimated or probable cost of the proposal,

c.the area of the proposed district to be assessed,

d.the proposed method of assessment, and

e.the proposed apportionment of cost, if any, between the district and the city at large; and

2.  Is signed by:

a.a majority of the resident owners of record of property liable for assessment under the proposal, or

b.the resident owners of record of more than one-half (1/2) of the area liable for assessment under the proposal, or

c.the owners of record of more than one-half (1/2) of the area liable to be assessed under the proposal.

B.  For area outside the boundary of a city, a petition shall be filed with the city clerk which:

1.  Sets forth:

a.the general nature of the improvements to be made,

b.the estimated or probable cost of the proposal,

c.the area of the proposed district to be assessed,

d.the proposed method of assessment,

e.the proposed apportionment of cost, if any, between the district and the city at large; and

2.  Is signed by:

a.a majority of the resident owners of record of property liable for assessment under the proposal, and

b.the owners of record of more than one-half (1/2) of the area liable for assessment under the proposal; and

3.  States the area is contiguous to, but not within, the boundary of the city.

C.  Whenever the governing body, either upon its own initiative or in response to a petition, determines that the creation of the district is necessary, it may by resolution direct the engineer to prepare preliminary plans and an estimate of cost for the proposed district.  The resolution shall:

1.  Describe in general terms the property to be included in the district;

2.  Require the engineer to prepare:

a.an assessment plat showing the area to be included in the improvement district, and

b.an addendum to the assessment plat showing the amount of maximum benefit estimated to be assessed against each tract or parcel in the district on a front-foot, zone, area or other equitable basis, which basis shall be set forth in the resolution; and

3.  Require the engineer to prepare preliminary plans for one or more types of improvement showing:

a.for each type of curb, gutter, sidewalk and street, a typical section of the contemplated improvement, the type of material to be used and the approximate thickness and width of the material,

b.for each type of storm sewer or drain, sanitary sewer or water line, the type of material and approximate diameter or diameters of any trunk lines, mains, laterals or house connections, or

c.for each other type of improvement or other major component of the foregoing types of improvements, a general description.

D.  The engineer shall include in the total cost estimate for the district all expenses including but not limited to advertising, legal, appraising, engineering and printing expenses which the engineer deems necessary to pay the complete cost of the improvement.

E.  The engineer shall submit to the city clerk the:

1.  Assessment plat;

2.  Preliminary plans of the type of construction; and

3.  Estimate of costs for the improvement.

F.  After the governing body examines the assessment plat, preliminary plans and estimates of cost for the district, the governing body may adopt a resolution which:

1.  Proposes that the district be created and the improvement be constructed; and

2.  Instructs the city clerk or engineer to give notice of a hearing on the proposed district.

Added by Laws 1978, c. 233, § 6, emerg. eff. April 25, 1978.  Amended by Laws 2001, c. 54, § 4, eff. Nov. 1, 2001.