249.929. Sewage or storm water facility improvement district, procedure to establish--election, ballot form--governing body to adopt resolution, content.
Sewage or storm water facility improvement district, procedure toestablish--election, ballot form--governing body to adopt resolution,content.
249.929. 1. To establish a sewage or storm water facilityimprovement district, the governing body of any city with a population ofthree hundred fifty thousand or more inhabitants which is located in morethan one county, or the governing body of any county of the firstclassification without a charter form of government that has a populationof at least one hundred sixty thousand inhabitants, or the governing bodyof any county of the first classification without a charter form ofgovernment containing a portion of a city with a population of at leastthree hundred fifty thousand inhabitants, or the governing body of anycounty of the first classification without a charter form of government asof August 28, 1995, that has a population of more than one hundred fivethousand but less than one hundred twenty thousand inhabitants, shallcomply with the procedures described in subsection 2 of this section.
2. The governing body of any city with a population of three hundredfifty thousand or more inhabitants which is located in more than onecounty, or the governing body of any county of the first classificationwithout a charter form of government that has a population of at least onehundred sixty thousand inhabitants, or the governing body of any county ofthe first classification without a charter form of government containing aportion of a city with a population of at least three hundred fiftythousand inhabitants, or the governing body of any county of the firstclassification without a charter form of government as of August 28, 1995,that has a population of more than one hundred five thousand but less thanone hundred twenty thousand inhabitants, proposing to create a sewage orstorm water facility improvement district may, by resolution, submit thequestion of creating such district to all qualified voters residing withinsuch district at a general or special election called for that purpose.Such resolution shall set forth the project name for the proposed sewage orstorm water facility improvement, the general nature of the proposedimprovement, the estimated cost of such improvement, the boundaries of theproposed sewage or storm water facility improvement district to beassessed, and the proposed method or methods of assessment, including anyprovision for the annual assessment of maintenance costs of the improvementin each year after the bonds issued for the original sewage or storm waterfacility improvement are paid in full. The governing body of the city orcounty may create a sewage or storm water facility improvement districtwhen the question of creating such district has been approved by the voteof the percentage of electors within such district voting thereon that isequal to the percentage of voter approval required for the issuance ofgeneral obligation bonds of such county under article VI, section 26 of theconstitution of this state. The notice of election containing the questionof creating a sewage or storm water facility improvement district shallcontain the project name for the proposed improvement, the general natureof the proposed improvement, the estimated cost of such improvement, theboundaries of the proposed sewage or storm water facility improvementdistrict to be assessed, the proposed method or methods of assessment,including any provision for the annual assessment of maintenance costs ofthe improvement in each year after the bonds issued for the originalimprovement are paid in full, and a statement that the final cost of suchimprovement assessed against property within the district and the amount ofgeneral obligation bonds issued therefor shall not exceed the estimatedcost of such improvement, as stated in such notice, by more thantwenty-five percent. The question of whether to create any sewage waterfacility improvement district or storm water facility improvement district,the boundaries of which are not identical to any existing or proposed stormwater facility improvement district or any existing or proposed sewagewater facility improvement district, shall be submitted to the voters as aseparate question; however, the question of whether to create a sewagewater facility improvement district and a storm water facility improvementdistrict, the boundaries of which are identical, may be submitted as asingle question. The ballot upon which the question of creating a sewageor storm water facility improvement district is submitted to the qualifiedvoters residing within the proposed district shall contain a question insubstantially the following form:
Shall . . . . . . (name of city or county) be authorized to create asewage or storm water facility improvement district proposed for the . . .. . . (project name for the proposed improvement) and incur indebtednessand issue general obligation bonds to pay for all or part of the cost ofsewage or storm water facility improvements within such district, the costof all indebtedness so incurred to be assessed by the governing body of the. . . . . . . (city or county) on the property benefited by suchimprovements for a period of . . . . . . . years, and, if included in theresolution, an assessment in each year thereafter with the proceeds thereofused solely for maintenance of the sewage or storm water facilityimprovement?
â ã YES â ã NO
3. Upon receiving the requisite voter approval at an election, thegoverning body of any city with a population of three hundred fiftythousand or more inhabitants which is located in more than one county, orthe governing body of a county of the first classification without acharter form of government that has a population of at least one hundredsixty thousand inhabitants, or the governing body of any county of thefirst classification without a charter form of government containing aportion of a city with a population of at least three hundred fiftythousand inhabitants, or the governing body of any county of the firstclassification without a charter form of government as of August 28, 1995,that has a population of more than one hundred five thousand but less thanone hundred twenty thousand inhabitants, may, by resolution, determine theadvisability of the improvement and may order that the sewage or stormwater facility improvement district be established and that preliminaryplans and specifications for the improvement be made. Such resolutionshall state and make findings as to the project name for the proposedimprovement, the nature of the improvement, the estimated cost of suchimprovement, the boundaries of the sewage or storm water facilityimprovement district to be assessed, the proposed method or methods ofassessment, including any provision for the annual assessment ofmaintenance costs of the improvement in each year after the bonds issuedfor the original improvement are paid in full, and shall also state thatthe final cost of such improvement assessed against the property within thesewage or storm water facility improvement district and the amount ofgeneral obligation bonds issued therefor shall not, without a new election,exceed the estimated cost of such improvement by more than twenty-fivepercent.
(L. 1995 H.B. 88 § 11 subsecs. 1 to 3)