48-2831. Definitions In this article, unless the context otherwise requires: 1. " Acre" means one acre of unsubdivided land. 2. " Assessment" or " assessment roll" means a special assessment made under this article. 3. " Block" means a parcel of land, whether regular or irregular, that is bounded by streets, or by one or […]
48-2832. Authorization In addition to the powers granted to the board of a flood protection district as provided in article 10 of this chapter, the board may exercise the powers set forth in this article to construct, reconstruct, replace, renovate, repair or acquire flood protection facilities as the board may deem necessary.
48-2833. Purposes for which public improvements may be undertaken; powers incidental to public improvements A. If the public interest or convenience requires, the board may order the acquisition, construction, reconstruction, replacement, renovation, repair, operation or maintenance of flood protection facilities and appurtenances in, under, over or through any street, or any public land in the […]
48-2834. Petition; resolution of intention to order improvement A. Before the board adopts a resolution of intention that will result in an assessment against one or more lots, acres or parcels within the district, the proponents of the proposed project shall circulate and submit to the board a petition in support of the proposed improvement […]
48-2835. Preliminary plans Before the board adopts the resolution of intention pursuant to section 48-2834, the engineer shall prepare preliminary plans, specifications and estimates of the cost and expenses of the improvement and shall file these with the clerk. If the board orders the work or improvement, as provided in this article, final plans and […]
48-2836. Notice of intent to construct and to levy assessment The board shall send to each property owner whose property may be assessed a notice of the passage of the resolution of intention pursuant to section 48-2834. The notice shall include a brief description of the proposed improvement and a statement that the board proposes […]
48-2837. Objection to extent of assessment district; hearing; modified assessment district; special action A. If the cost of the proposed flood protection facility is made chargeable on an assessment district, objections to the extent of the district to be assessed to pay the expenses of the improvement may be made by an owner in the […]
48-2838. Resolution ordering improvement; notice; proposals; alternative procurement methods A. The board may order by resolution the construction or acquisition of the proposed flood protection facility described in the resolution of intention if: 1. No objections as to the extent of the proposed assessment district have been filed within the prescribed time. 2. If any […]
48-2839. Assessment of public property A. If a lot, acre or parcel belonging to the United States, an Indian tribe or community, this state, a county, city or school district or any other political subdivision or institution of this state or a county is included in the assessment district, the board, in the resolution of […]
48-2840. Payment of costs by flood protection district The board may order in the resolution of intention that all or part of the cost of any work be paid from the treasury of the flood protection district from the fund it designates when so ordered. The board, in making up the assessment, shall first deduct […]
48-2841. Proposals; bond; award of contract; entering into contract; liability on bond A. If the board invites proposals for construction of the flood protection facility, written and signed proposals shall be submitted accompanied by a bond payable to the flood protection district in an amount of at least ten per cent of the aggregate proposal. […]
48-2842. Form and execution of contract; supervision of performance; surety A. The district shall make all written contracts and receive all bonds authorized by this article. The contracts shall specify a reasonable time for completing the flood protection facility. B. The board may prescribe a form for the contract that is not inconsistent with this […]
48-2843. Bonds required from contractor Before executing the contract, the contractor shall file with the district a performance bond in the form prescribed in section 34-222 and a payment bond in the form prescribed in section 34-223.
48-2844. Diagrams of property affected; estimate of benefits; assessment; warrant A. The engineer shall make duplicate diagrams of the property in the assessment district. The diagrams shall show each separate lot, acre or parcel of land in the assessment district, numbered consecutively, and the location of the lot, acre or parcel in relation to the […]
48-2845. Delivery of warrant and assessment to contractor; demand for payment; release of assessments; review of assessment A. After the warrant and assessment are recorded pursuant to section 48-2844, they shall be delivered to the person charged by the board with the duty of making demands for the payment, together with one of the diagrams. […]
48-2846. Action against property owner to collect assessment A. If the owner of a lot, acre or parcel of property that received an assessment files a request that no bonds be issued against the owner’s lot, acre or parcel, at any time after thirty-five days from the date of the warrant, the district may sue […]
48-2847. Invalidity of liens or bonds; extent of validity; means to secure interest of persons damaged A. If the lien of an assessment or reassessment or of a bond issued to represent the amount assessed on any lot, acre or parcel is held invalid by a court because a portion of the improvement ordered was […]
48-2848. Correctness of assessment; reallocation of assessment A. After an assessment has been approved by the board, all persons having an interest in any lot, acre or parcel assessed may request the board in writing to modify or correct an assessment. The board may order such a modification or correction of the assessment, on the […]
48-2849. Issuance of improvement bonds; fund for payment of bonds A. The board may determine that improvement bonds shall be issued for the cost and expense of the flood protection facility. The bonds shall be issued in the name of the flood protection district but shall be made payable only from the special fund collected […]
48-2850. Description of improvement bonds in resolution and notices A. If the board determines that improvement bonds shall be issued, it shall state this in the resolution of intention for the work and shall specify the maximum rate of interest the bonds may bear. A similar description of the bonds shall be inserted in all […]
