County council powers over improvement districts

Any provision of law to the contrary notwithstanding, the council reserves the following powers over any proposed improvement district, whether County-initiated under section 12-10 or initiated by petition of owners under sections 12-14, 12-15, 12-16, or otherwise. (a) If, for any reason whatsoever, the improvement district bonds authorized under article 4 are not sold or cannot be sold to any acceptable purchaser within a reasonable time, then the council shall have the power and authority to terminate the entire improvement district project, or any part thereof. In the event that the project is terminated, in the case of petitions by owners under sections 12-14, 12-15 and 12-16 hereof, the petitioners shall be responsible for all costs incurred by the County for such improvement district. The County may assure such repayment by requiring reasonable deposits therefor. (b) In addition to the foregoing, at any time during the proceedings of any improvement district proposal up to and including the adoption of the assessment ordinance under section 12-29, the council shall have the power and authority to terminate the entire improvement district project, or any part thereof, if it determines that the improvement district project is not in the public interest. (c) In addition to the foregoing, at any time during the proceedings of any improvement district proposal up to and including the adoption of the assessment ordinance under section 12-29 hereof, the council shall have the power and authority to require the inclusion of costs of additional improvements including off-site improvements such as roads, water, sewers, drainage, which may be outside the improvement district boundaries but which service the improvement district. If such costs are to be so included and said inclusion increases the proposed assessment of any owner, the council shall give appropriate notice and conduct public hearings as provided in sections 12-10, 12-27 and 12-28 (as applicable) and the appropriate resolutions and ordinances shall be amended accordingly. (d) The council may allow as a credit against any improvement district assessment, any payment made by an owner to the County which is used to pay for costs of that improvement district, whether such payment is made before or after the creation of said improvement district. Provided, however, that such credit shall not create any obligation of the County to create or continue any improvement district, nor shall such credit impair or otherwise affect the powers of the council in this chapter.