238.230. Special assessments, vote required — election, ballot form — petition form — effect of failure of question. — 1. If approved by:
(1) A majority of the qualified voters voting on the question in the district; or
(2) The owners of record of all of the real property located within the district who shall indicate their approval by signing a special assessment petition;
2. The ballot question shall be substantially in the following form:
3. The special assessment petition shall be substantially in the following form:
4. If a proposal for making a special assessment fails, the district board of directors may, with the prior approval of the commission or the local transportation authority which will assume ownership of the completed project, delete from the project any portion which was to be funded by special assessment and which is not otherwise required for project integrity.
5. A district may establish different classes or subclasses of real property within the district for purposes of levying differing rates of special assessments. The levy rate for special assessments may vary for each class or subclass of real property based on the level of benefit derived by each class or subclass from projects funded by the district.
6. Notwithstanding any provision of law to the contrary, all property owned by an entity that is exempt from taxation under 26 U.S.C. Section* 501(c), as amended, shall be exempt from any special assessment levied by a district under this section so long as the property is used in furtherance of the entity's tax exempt purposes.
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(L. 1990 S.B. 479 & 649 § 47, A.L. 1997 S.B. 303, A.L. 2007 S.B. 22, A.L. 2025 H.B. 199)
*Word "Section" does not appear in original rolls.