7-14-2902. Creation of road improvement district -- resolutions -- hearing. (1) The board of county commissioners may establish a road improvement district upon petition of at least 60% of the landowners in the proposed district. The petition must:
     (a) describe the boundaries of the proposed district;
     (b) describe the proposed improvement;
     (c) estimate the total cost of the improvement and suggest the method of making landowner assessments;
     (d) if the improvement is a service, such as snowplowing, estimate the length of time the service is to be provided; and
     (e) describe the manner of providing the improvement, such as through contract with a private party or local government.
     (2) To establish a road improvement district, the board shall:
     (a) pass a resolution of intent to form the district. The notice of intent to form the district must:
     (i) be published as provided in 7-1-2121;
     (ii) be mailed as provided in 7-1-2122 to every person, firm, or corporation or to the agent of the person, firm, or corporation owning real property within the proposed district listed in the name of the person, firm, or corporation upon the last completed assessment roll for state, county, and school district taxes; and
     (iii) specify the method or methods by which the costs of the improvements are assessed against property in the district.
     (b) (i) hold a public hearing no earlier than 30 days or later than 90 days after passage of the resolution of intent;
     (ii) accept written protests at the hearing from property owners of the proposed district; and
     (iii) receive general protests and comments at the hearing relating to the establishment of the road improvement district and its boundaries, service levels, or any other matter relating to the proposed district; and
     (c) pass a resolution creating the road improvement district. The district is created effective 60 days after passage of the resolution unless by that date the owners of property in the district to be assessed for more than 50% of the cost of the proposed work, in accordance with the method or methods of assessment described in the resolution of intention, protest its creation.
     (3) Based on testimony received in the public hearing, the board in the resolution creating the road improvement district may establish different boundaries or change the manner in which the area will provide services to its residents. The board may change district boundaries only if all landowners affected by the change were given written notice of the public hearing as provided in subsection (2)(a)(ii).
     (4) The board of county commissioners may alter the boundaries or dissolve a road improvement district, using the same procedures required for the creation of a road improvement district. Any existing indebtedness of a road improvement district that is dissolved remains the responsibility of the owners of benefited property within the district, and any assets remaining after all indebtedness has been satisfied must be returned to the owners of property within the district.

     History: En. Sec. 2, Ch. 308, L. 1989; amd. Sec. 50, Ch. 354, L. 2001.