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2681
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MARVIN MANDEL, Governor
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ORDINANCE, MAY PROVIDE FOR THE ESTABLISHMENT OF ROAD
CONSTRUCTION DISTRICTS. TWO-THIRDS OF THE PROPERTY
OWNERS ALONG THE ROAD ROUTE MAY PRESENT A WRITTEN
PETITION TO THE COUNTY COMMISSIONERS REQUESTING THE
CREATION OF A ROAD CONSTRUCTION DISTRICT AND REQUESTING A
ROAD CONSTRUCTION OR REPAIR PROJECT. THE COUNTY
COMMISSIONERS, UPON RECEIPT OF THE PETITION, MAY
ESTABLISH THE DISTRICT AND DESIGNATE THE AREA INCLUDED
WITHIN THE DISTRICT.
(B) WHENEVER THE PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OR REPAIR OF THE ROAD OR ROADS SHALL HAVE
BEEN COMPLETED, THE COUNTY COMMISSIONERS SHALL SET UP A
PUBLIC HEARING, SHALL NOTIFY THE OWNERS OF REAL PROPERTY
IN THE PROPOSED DISTRICT OF THE TIME AND___PLACE OF THE
HEARING, AND SHALL ADVERTISE THE DATE BY MAILING A
NOTICE OF THE HEARING ADDRESSED TO EACH OWNER AT HIS OR
HER ADDRESS AS SHOWN ON THE ASSESSMENT RECORDS, AND BY
GIVING NOTICE OF THE TIME AND PLACE OF THE HEARING IN TWO
NEWSPAPERS OF GENERAL CIRCULATION IN THE COUNTY FOR TWO
CONSECUTIVE WEEKS. AT SUCH HEARING, THE COMMISSIONERS
SHALL DETERMINE THE SCOPE OF THE PROJECT AND SHALL
ADVISE THE PROPERTY OWNERS OF THE APPROXIMATE COST OF THE
PROJECT. THE COSTS SHALL BE PAID BACK TO THE COUNTY BY
THE PROPERTY OWNERS WITHIN A PERIOD OF TIME AND AT A RATE
OF INTEREST TO BE DETERMINED BY THE COUNT COMMISSIONERS
IN ACCORDANCE WITH SUBSECTION (C).
(C) AFTER AFFORDING THE HEARING, THE COMMISSIONERS
SHALL DETERMINE WHETHER TO PROCEED WITH THE CONSTRUCTION
OR REPAIR. AND ESTIMATED INDIVIDUAL LEVIES. THE
COMMISSIONERS SHALL DETERMINE WHETHER IT IS FEASIBLE___TO
TAKE THE ROAD INTO THE COUNTY ROAD SYSTEM AND TO
UNDERTAKE THE ROAD CONSTRUCTION OR REPAIR PROJECT; AND
WHETHER UPON COMPLETION OF THE PROJECT THE ROAD CAN BE
TAKEN INTO THE COUNTY ROAD SYSTEM IN ACCORDANCE WITH
SUBSECTION (D). THE COMMISSIONERS SHALL ALSO DETERMINE
WHETHER TO PROCEED WITH PLANS AND SPECIFICATIONS AND
SHALL SET A DATE FOR FINAL HEARING WHICH DATE MAY ONLY BE
CHANGED PROVIDED NOTICE IS GIVEN IN ACCORDANCE WITH THIS
SUBSECTION.
(C) AT THE FINAL HEARING, THE COMMISSIONERS SHALL
ESTABLISH THE DISTRICT AND DESIGNATE THE AREA INCLUDED
WITHIN THE DISTRICT. THE PROJECT SCOPE, COST ESTIMATE,
AND ESTIMATED INDIVIDUAL LEVIES SHALL BE PROVIDED. THE
ESTIMATED INDIVIDUAL LEVIES SHALL BE BASED ON THE
BENEFITS ACCRUING TO EACH OF THE LOTS OR PARCELS OF LAND
IN THE ROAD CONSTRUCTION DISTRICT TO THE EXTENT IT IS
BENEFITTED BY THE SAID ROAD CONSTRUCTION. THE COSTS
SHALL BE PAID BACK TO THE COUNTY BY THE PROPERTY OWNERS
WITHIN A PERIOD OF TIME AND AT A RATE OF INTEREST TO BE
DETERMINED BY THE COUNTY COMMISSIONERS. IF THE COUNTY
COMMISSIONERS DETERMINE TO PROCEED, THEY SHALL ADVERTISE
FOR BIDS IN THE PROPER MANNER AND LET THE CONTRACT TO THE
LOWEST RESPONSIBLE BIDDER. UPON COMPLETION OF THE
PROJECT, THE COMMISSIONERS ARE EMPOWERED AND DIRECTED TO
FIX AND LEVY A BENEFIT CHARGE UPON ALL REAL PROPERTY IN
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