48-2041. Definitions In this article, unless the context otherwise requires: 1. " Assessment" or " assessment roll" means a special assessment made under this article. 2. " Block" means a parcel of land, whether regular or irregular, which is bounded by streets, or by one or more streets and by one or more boundary lines […]
48-2042. Authorization In addition to the powers granted to the board as provided in article 1 of this chapter, the board may exercise the powers set forth in this article to acquire or construct the collector sewers which are a part of the sewerage system or acquire capacity in sewage treatment works or acquire or […]
48-2043. 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, operation or maintenance of sewers, ditches, drains, conduits, septic tanks, pipelines and channels for sanitary or drainage purposes, or both, with outlets, cesspools, manholes, catch basins, […]
48-2044. Resolution of intention to order improvement A. Before ordering an improvement authorized by this article, the board shall pass a resolution of intention to do so, briefly describing the improvement and its location. By the resolution and the subsequent proceedings, one or more improvements may be made and shall constitute one improvement and be […]
48-2045. Plans; limitation on assessment Before passing the resolution of intention, preliminary plans that show the location and the type and character of the proposed improvement and the expenses of the improvement shall be prepared by the engineer and filed with the clerk. The assessment for any lot shall not exceed its proportion of the […]
48-2046. Publication of resolution of intention; posting notice of resolution; mailing notice A. The resolution of intention shall be published five times in consecutive issues of a daily newspaper or two times in a weekly or semiweekly newspaper of general circulation in the sanitary district. The board shall also cause to be conspicuously posted along […]
48-2047. Protest against proposed improvement; protest as bar to improvement proceedings; objection to extent of assessment district; special action A. The owners of a majority of the property fronting on the proposed improvement or, if the cost of the improvement is chargeable on a district, the owners of a majority of the property fronting on […]
48-2048. Qualifications and procedure for making and hearing protests and objections A. In determining protests and objections, the board shall be guided by the following rules: 1. Each paper containing signatures shall have attached the affidavit of an owner to be assessed, stating that each signature was affixed in his presence and is the signer’s […]
48-2049. Resolution ordering improvement; notice; bids A. The board may order, by resolution, the proposed improvements described in the resolution of intention if: 1. No protests against the work or no objections as to the extent of the proposed assessment district have been filed within the prescribed time. 2. The board finds a protest to […]
48-2050. Assessment of public property A. If a lot belonging to the United States, this state, a county, city, school district or any other political subdivision or institution of this state or a county fronts on the proposed improvement, or is included in the district declared by the board in its resolution of intention, to […]
48-2051. Payment of costs by sanitary district A. The board may order in the resolution of intention that all or part of the cost of any work shall be paid from the treasury of the sanitary district from the fund it designates when so ordered. The board, in making up the assessment, shall first deduct […]
48-2052. Bids; bond; award of contract; entering into contract; liability on bond A. Bids shall be submitted accompanied by a bond payable to the sanitary district for an amount not less than ten per cent of the aggregate bid. Alternative bids may be accompanied by one bond at least equal to ten per cent of […]
48-2053. Option of sanitary district to reject bids; sanitary district as contractor; limitation of assessment The board may, within ten days after the time fixed for opening bids, by resolution adopted by a vote of two-thirds of its members, order that the proposed contract not be entered into and that the sanitary district itself perform […]
48-2054. Form and execution of contract; supervision of performance; delivery of assessment 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 improvement. B. The board may prescribe a form for the contract that is not inconsistent with this […]
48-2055. Bonds required from contractor Before executing the contract the contractor shall file with the district such bond or bonds as required under title 34, chapter 2, article 2.
48-2056. Costs A. Before the contract is entered into the bidder to whom the award was made shall advance to the district, for payment by the district, the costs of publication of notices, resolution, orders and other expenses required by the proceedings under this article. B. If the work is abandoned by the district before […]
48-2057. Diagrams of property affected; estimate of benefits; assessment; warrant A. The engineer shall make duplicate diagrams of the property fronting on the proposed improvement or in the assessment district if the expenses of the proposed improvement are to be assessed on a district. The diagrams shall show each separate lot, numbered consecutively, the approximate […]
48-2058. Delivery of warrant and assessment to contractor; demand for payment; release of assessments; review of assessment A. After the warrant and assessment are recorded, they shall be delivered to the contractor, or to the sanitary district if it charges itself with the duty of making demands for the payment, together with one of the […]
48-2059. Action against property owner to collect assessment A. If the district chooses not to issue bonds, or fails to issue bonds on completion of the work, at any time after thirty-five days from the date of the warrant or, if any objection filed with the board as provided in section 48-2058 is denied, at […]
48-2060. 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 is held invalid by a court because a portion of the improvement ordered was not within the […]
