How property owners can start an improvement district

(a) If the owners of not less than twenty percent of the frontage upon any street, alley or highway designated by them or of twenty percent of the area of land designated by them as a proposed improvement district, file with the council a petition duly acknowledged by the owners requesting the construction of special improvements, together with the surveys, maps, plans and other preliminary data and estimates mentioned in section 12-10, the council may reject or accept the petition. If the council accepts the petition, it shall proceed in the manner hereinafter provided. The council shall act on the petition provided: (1) The petition of twenty percent of the owners includes the signatures of at least fifty percent of the resident owners residing in the proposed improvement district; and (2) A state of emergency is found to exist by the council that requires the formation of the improvement district. (b) The cost of the preliminary surveys, maps and other data shall be deemed part of the cost of the improvement provided fifty-one percent of the owners of the improvement district hereinabove described do not object to the improvement district. If fifty-one percent or more of the owners involved in the improvement district oppose the improvement district, all such cost of the preliminary surveys, maps and other data shall be borne by the County as if the proceeding had been initiated by the council in accordance with section 12-10. (c) Upon such petition and prior to the hearing thereon, the council shall, at its option, have the power to abandon the proceedings or make any change or modification of the plans or the details or specifications for the proposed improvements without the written consent of the petitioning owners of the frontage or area of the land to be assessed. With regard to the petition, the council may at any time decline to acquiesce in or may modify any part of the plan which contemplates the payment by the County of any part of the cost of acquiring new land or of any part of the cost of improving any main or general thoroughfare. (d) Upon receipt of the petition, the council shall by resolution requiring not more than one reading for its adoption, direct the responsible director or manager: (1) To investigate and report to the council: (A) Preliminary data concerning the special improvements proposed to be opened, constructed, or improved; (B) The general character and extent of any improvement to be proposed; (C) The proposed assessment unit and method of assessment; (D) Whether any new land will be necessary to be acquired, and the estimated cost thereof and the proportion of the cost which should be borne by the County; (E) The materials recommended to meet the conditions of the improvement; (F) The boundaries of the proposed improvement district and any subdistricts or zones therein as to which different portions of the cost shall be charged; and (G) The estimated cost of the improvement, the portions of the cost to be borne by the County, and the portions of the cost to be specifically assessed against the assessment units specially benefited with the maximum unit of assessment to be made; and (2) To prepare and furnish all necessary drawings and other data, details, and specifications for the improvements and any other matters or details intended to apply thereto. The report when so furnished and filed with the council shall not be acted upon until one week has elapsed from the date of the filing of the same. (e) If the proposed improvement district includes the construction and installation of improvements to be undertaken or supervised by a cooperating department, the responsible director or manager shall obtain from the cooperating department preliminary plans and estimates for such cooperating department’s proposed improvements, and the responsible director or manager shall furnish the cooperating department with such preliminary plans of the proposed improvements, other than those of the cooperating department, as will enable the cooperating department to make its plans and estimates. The responsible director or manager shall incorporate such preliminary plans and estimates of the cooperating department in the report to the council. IMPROVEMENTS BY ASSESSMENTS § 12-15 (f) The council may, by resolution requiring one reading for its adoption, propose the making of an improvement or improvements specifying: (1) The streets, storm drainage, sanitary sewerage system, water system or street lighting system, or combination thereof, to be opened, constructed, or improved; (2) The area, owners, so far as known, and general description and location of new land to be acquired, if any; (3) The materials proposed to be used; (4) The proposed unit of assessment and method of assessment including the minimum number of installment payments to be proposed; (5) The maximum term of assessment bonds to be issued to represent unpaid installments; (6) The maximum rate of interest to be borne by the bond; (7) The premium required to be paid on the advance payment of installments for the call and redemption of any bond prior to its maturity; (8) The amount of the fund either as set forth in the report of the responsible director or manager or as otherwise determined by the council; (9) The general boundaries of the district or frontage, subdistricts and zones to be assessed; and (10) The maximum amount estimated to be assessed against a unit of assessment. (g) The council may adopt the plans and estimates so furnished by a cooperating department and incorporated in the report of the responsible director or manager. If the plans and estimates of a cooperating department are adopted by the council, the plans and estimates shall be referred to and incorporated by reference in such resolution. The resolution shall refer to and incorporate by reference such surveys, plans, maps and other data reported by the responsible director or manager as are approved by the council. The resolution shall also fix a date of public hearing upon the proposed improvement, which date shall be not less than forty-five days after the first publication of notice thereof in a newspaper of general circulation in the County. The hearing shall provide owners of assessment units within the improvement district with a reasonable opportunity to object or approve in writing of the proposed improvement. (h) After the adoption of the resolution, the County clerk shall: (1) Cause a notice of the public hearing to be published twice a week for two successive weeks (four publications in all) in at least one newspaper of general circulation in the County, giving notice, generally, to all owners of assessment units proposed to be assessed or acquired and to all others interested in the general details of the proposed improvements as adopted by the council and stating the time and place of public hearing and where the resolution and reports and other data may be seen and examined prior to the hearing; (2) Post copies of the notice described in the preceding paragraph at least ten days prior to the hearing at a public place in the district in which the proposed improvement district is located; and (3)Mail a notice of public hearing to all owners of the assessment units proposed to be assessed at least two weeks prior to the hearing. The notice to be mailed shall contain: (A) The material contained in the published and posted notices; (B) A description of the assessment unit of such owner set forth in such manner as to enable such owner to identify the assessment unit; (C) A statement that the assessment unit described on said notice is proposed to be assessed to pay for a portion of the cost of the proposed improvements; (D) A statement that the testimony of all interested persons and owners of assessment units for or against the establishment of the improvement district, the extent of the improvement district, and the levy of the special assessment will be heard; and (E) A statement that any protest, objection, or suggestion relating to the making of all or part of the proposed improvements or against the methods by which such assessment are to be made, or the inclusion of certain costs therein must be submitted in writing, in accordance with section 12-12 of this chapter, to be considered by the council. (i) The clerk of the County shall file with the council on or before the hearing an affidavit by the clerk of the County attesting that the clerk of the County completed the publication, posting, and mailings described in the preceding section 12-15(h) in accordance with the requirement thereof; provided, however, that the failure of the clerk to timely file such affidavit shall not invalidate the proceedings held thereafter. Any failure to post, mail, or receive the notice described above shall not invalidate the proceedings held thereafter. (j) All notices referred to in this section shall also contain a provision providing that if the owner does not object in writing at or before the time of hearing, such inaction will be construed as a conclusive presumption that said owner does not object to the proposed improvement and that the improvement district may be put into effect unless fifty-one percent of the owners who will be assessed as a result of the improvement district object in writing at or prior to the time of hearing. (k) Should fifty-one percent or more of the owners of the assessment units affected by the improvement district fail to object prior to or at the hearing, the proposed improvement by assessment shall be approved by council passing a resolution requiring one reading for its adoption, provided, that no such improvement shall be approved unless: (1) The assessed valuation for taxation purposes of the assessment units to be improved is twice the estimated cost of the proposed improvement; or IMPROVEMENTS BY ASSESSMENTS § 12-15 (2) The council by resolution finds the appraised value of such assessment units in accordance with prevailing standards of appraisal and used by banks for loans thereon is twice the estimated cost of the proposed improvement and that such approval is in the public interest. (l) This section shall apply only to subdivisions created prior to March 1, 1967.