11-28.1 County Special Service Districts - North Dakota Statutes

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CHAPTER 11-28.1COUNTY SPECIAL SERVICE DISTRICTS11-28.1-01. Board of county park commissioners may establish service districts.For the purpose of providing police protection and garbage removal services and defraying the
cost thereof, any board of county park commissioners may create police protection and garbage
removal service districts, and may extend any such district when necessary. The appropriate
police protection or garbage removal district shall be created by resolution. The district shall be
designated by a name appropriate to the type of service provided for which it is created, and by a
number distinguishing it from other service districts. A police protection or garbage removal
district may be composed in part or entirely of or include real property which is not otherwise
under the jurisdiction of the board of county park commissioners, but which is contiguous to real
property under the jurisdiction of the park commissioners and directly benefited by the proposed
police protection and garbage removal. The county park commissioners may provide garbage
collection services in such district as designated in the resolution, and may designate police
officers who shall have police powers for the enforcement of the laws of this state within such
district, such police authority to be executed concurrently with other law enforcement officers
having jurisdiction over such area.11-28.1-02. Plans and specifications required - Approval. Following the creation of aservice district as provided in section 11-28.1-01, the board of county park commissioners shall
prepare plans and specifications for such project, including an estimate of the probable cost. The
plans, specifications, and estimates provided for shall be approved by a resolution of the board of
county park commissioners. The plans, specifications, and estimates shall be the property of the
county and shall be filed in the office of the county auditor and shall remain on file in the auditor's
office subject to inspection by interested persons.11-28.1-03. Hearing - Notice. The board of county park commissioners shall cause theresolution adopting the plans, specifications, and estimates for the police protection or garbage
removal district to be published once each week for two consecutive weeks in the official county
newspaper, together with a notice of the time and place where the board of county park
commissioners will meet to hear objections made by any interested party or an interested party's
agent or attorney. The date set for such hearing shall be not less than fifteen days after the first
publication of the notice.11-28.1-04.Protest against establishing service district - Hearing to determinesufficiency - When protest a bar to proceeding.If, within thirty days after the hearingprovided for in section 11-28.1-03, written protests signed by the owners of more than half of the
area of the property included within the service district are filed in the offices of the county
auditor, the protests shall be a bar against proceeding further with the project described in the
specifications. The board of county park commissioners, at its next meeting after the expiration
of the time for filing such protests, shall consider and determine the sufficiency of any protests
filed. If no protests are filed or the protests are found to be insufficient or invalid, the board of
county park commissioners may initiate and carry on the project.11-28.1-05.Assessment of expenses.The expenses of maintaining the serviceprovided by the service district shall be assessed against the parcels of land properly chargeable
therewith, in amounts to be determined by and in accordance with the provisions of section
40-23-05. For the purpose of assessing the expenses of a service district, the board of county
park commissioners shall serve as the special assessment commission.11-28.1-06.Assessment list to be prepared - Contents - Certificate attached toassessment list. The board of county park commissioners, serving as the special assessment
commission, shall make or cause to be made a complete list of the annual benefits and
assessments setting forth each lot or tract of land assessed, the amount each lot or tract is
annually benefited by the service, and the amount annually assessed against each. There shall
be attached to the list of assessments a certificate signed by a majority of the members of the
special assessment commission certifying that the same is a true and correct assessment of thePage No. 1property therein described to the best of their judgment, and stating the several items of expense
included in the assessment.11-28.1-07. Publication of assessment list and notice of hearing of objections tolist. The special assessment commission shall cause the assessment list, which list shall not
include the amount each lot or tract is benefited by the improvement, to be published once each
week for two consecutive weeks in the official newspaper of the county, together with a notice of
the time when and the place where the commission will meet to hear objections made to any
assessment by any interested party or an interested party's agent or attorney.In lieu ofpublication of an assessment list, if it includes more than five thousand lots or tracts, the
commission may cause it to be filed and made available for public inspection at all times after the
first publication of the notice, during reasonable business hours, at such place as shall be
designated in the published notice. The date set for such hearing shall be not less than fifteen
days after the first publication of the notice.11-28.1-08. Alteration of assessments at hearing - Limitations. At the hearing, thespecial assessment commission may make such alterations in the assessments as in its opinion
may be just or necessary to correct any error in the assessment list. The commission may
increase or diminish any assessment as may be just and necessary to make the aggregate of all
assessments equal to the total amount required to pay the entire cost of the service for which
such assessments are made. No assessment shall exceed the benefits as determined by the
commission to the parcel of land assessed.11-28.1-09. Confirmation of assessment list after hearing - Filing list. The specialassessment commission, after the hearing, shall confirm the list and attach thereto its further
certificate certifying that the list is correct as confirmed by it. The commission thereafter shall file
the assessment list in the office of the county auditor.11-28.1-10. Publication of notice of confirmation of assessment list and meetingfor action upon assessments. The county auditor shall publish at least once in the official
newspaper of the county a notice stating that the assessment list has been confirmed by the
special assessment commission and filed in the auditor's office and is open to public inspection.
The notice also shall state the time when and the place where the board of county
commissioners will act upon such assessment list. The assessment list shall be acted upon by
the board of county commissioners at a regular or special meeting occurring more than fifteen
days after the publication of such notice.11-28.1-11. Aggrieved person may file notice of appeal. Prior to the meeting at whichthe board of county commissioners will act upon the assessment, any aggrieved person may
appeal from the action of the special assessment commission by filing with the county auditor a
written notice of the appeal, stating therein the grounds upon which the appeal is based.11-28.1-12. Board of county commissioners to hear and determine appeals andobjections to assessments - Altering assessments - Limitations. At the regular meeting of
the board of county commissioners at which the assessment list is to be acted upon, any person
aggrieved by the determination of the special assessment commission in regard to any
assessment who has appealed therefrom as provided in section 11-28.1-11 may appear before
the board of county commissioners and present the person's reasons why the action of the
commission should not be confirmed.The board of county commissioners shall hear anddetermine the appeals and objections and may increase or diminish any of such assessments as
it may deem just, except that the aggregate amount of all the assessments returned by the
special assessment commission shall not be changed and no assessments as adjusted shall
exceed the benefits to the parcel of land on which it is assessed as determined by the special
assessment commission.11-28.1-13. Confirmation of assessment list by board of county commissioners -Certifying list - Filing. The board of county commissioners shall confirm the assessment list,
and the county auditor shall attach to the list the auditor's certificate that the same is correct asPage No. 2confirmed by the board of county commissioners and thereupon shall file the list in the auditor's
office.11-28.1-14. Use of collections of assessments. All collections of special assessmentslevied pursuant to this chapter shall be credited as received to the special fund maintained by the
county for the payment of any obligations for which the assessments were levied.11-28.1-15. Board of county park commissioners may contract - Contents. Anyboard of county park commissioners may contract with one or more political subdivisions for the
participation in or the performance of police protection and garbage removal services in
accordance with section 54-40-08. Any such contract shall set forth fully the purpose, powers,
rights, obligations, and the responsibilities, financial and otherwise, of the contracting parties.11-28.1-16.Service assessment funds and the disbursements thereof.Theprovisions of chapter 40-24 shall be followed in the collection and disbursement of the funds to
be collected to cover the cost of operating a service district; provided, however, that nothing in
chapter 40-24 shall limit the length of time for which assessments for police protection and
garbage removal services may be levied. Such assessments may be levied so long as the
service is rendered.Page No. 3Document Outlinechapter 11-28.1 county special service districts