Powers of recreation service districts - Levying of special assessments

N.D.C.C. § 11-28.2-04 — under Recreation Service Districts.

N.D.C.C. § 11-28.2-04

Each recreation service district established under this chapter may provide services, which may include police protection, sewer and water, garbage removal services, and public road construction and maintenance, in addition to those provided by the local governing body or other agency to summer homes, cottages, and other residences and establishments that exist within its boundaries, provide for the improvement and control of the environmental quality of the recreation service district, and levy special assessments necessary to provide the services. Any project or service provided by a recreation service district other than under section 11-28.2-04.1 must first be approved by a majority of the qualified voters of the district affected by the special assessment and present and voting at an annual or special meeting called as provided in this chapter. The levying of special assessments for services and improvement of environmental quality must be levied against those parcels of property benefited in the manner provided by law for the levying of special assessments for municipalities and the costs of police protection may be levied in that manner. A recreation service district may contract with other political subdivisions for joint or cooperative action as provided in chapter 54-40. The board of recreation service district commissioners are responsible for the administration and accounting of any obligations and accounts undertaken in accordance with this chapter. The board of recreation service district commissioners shall serve as the special assessment commission and shall make a complete list of the annual benefits and assessments on each parcel of property within the district. The board shall also hear appeals from aggrieved property owners concerning assessments made and may increase or decrease any assessment if just and necessary. A special assessment may not exceed the benefits determined by the board to the parcel of property assessed. The board may cooperate with the state or federal government in furnishing assurances and meeting local cooperation requirements, within the scope of the power of the board, in connection with any project involving the construction, improvement, operation, maintenance, conservation, or use of the area, including waters, within the recreation service district.

11-28.2-04.1. Power of recreation service districts to make improvements - Creating district - Determining necessity - Contracting for improvement - Levying special assessments and taxes and imposing service charges - Issuance of warrants. Each recreation service district established under the provisions of this chapter shall have the authority to make those improvements specified in subdivisions a, b, and f of subsection 8 of section 21-03-06. In making any such improvement, in addition to any other powers granted in chapter 21-03, a recreation service district shall, subject to the provisions of this section, be deemed to be a "municipality", as the term is used in chapters 40-22 through 40-27, for the purpose of creating an improvement district, determining the necessity of making an improvement, contracting for an improvement, levying special assessments and general taxes and imposing service charges to pay the cost of an improvement, issuing temporary, definitive, and refunding warrants to finance an improvement, and levying general taxes to pay any deficiency in moneys available to pay the principal and interest on any warrants so issued. The above language refers to all projects and services costing more than five thousand dollars. Provided, however, with respect to section 40-22-15, if the resolution declaring improvements necessary is required to be published, it shall also be sent by first-class mail to the owners of all

property within the improvement district not more than ten days after the first publication of the resolution.