9-9-23
Section 9-9-23 Appointment of district engineer, etc.; preparation, adoption, etc., of report
and water management plan for improvements in district. (a) Within 60 days after the district
is established, it shall be the duty of the board of water management commissioners to appoint
as district engineer a competent civil or agricultural engineer of good standing in his profession
who is familiar with the type of project involved if said engineer is needed or required by
the district. Such services of an engineer may not be required if engineering services are
furnished by a federal, state or local agency. (b) In case an engineer is needed or required,
it shall be the duty of the court of probate to refer the report of the preliminary survey
or other plans to the district engineer, who shall make a survey of the district and shall
prepare a report with plans for improvements for the district. Such report shall include maps,
profiles, specifications, estimates of cost and other data and...
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9-9-31
Section 9-9-31 Tax levy to defray expenses of proposed works and improvements generally; water
management tax record; additional taxes. (a) After the list of lands and other property with
the assessed benefits and the decree and judgment of the court have been filed as provided
in Section 9-9-29, the board of water management commissioners shall without unnecessary delay
levy a tax of such portion of said benefit on all lands and other property in the district
to which benefits have been assessed as may be found necessary by the board of water management
commissioners to defray the costs and expenses of the proposed works and improvements as incorporated
in the plan of water management, plus 10 percent of said total amount for emergencies. The
said tax shall be apportioned to and levied on each tract of land or other property in said
district in proportion to the benefits assessed and not in excess of 90 percent thereof; and,
in case bonds are issued as provided in this article, then...
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9-9-26
Section 9-9-26 Transmittal of certified copy of water management plan to probate court; petition
for appointment of viewers; composition, etc., of board of viewers; qualifications and appointment
of members. Within 90 days after the adoption of the plan of water management, the secretary
of the board of water management commissioners shall prepare and transmit a certified copy
thereof to the court of probate of the county in which the district is organized, and at the
same time the board of water management commissioners shall file with said court of probate
a petition to appoint viewers to appraise the lands within and without said district to be
acquired for rights-of-way on the works of improvement of the district and to assess benefits
and damages according to all lands in the district and other property by reason of the execution
of the plan of water management. Within 30 days after the filing of such petition, the court
of probate shall by an order appoint a board of viewers...
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9-9-30
Section 9-9-30 Appeal from confirmation of board of viewers' report. Any person aggrieved may
within 10 days after the confirmation of the board of viewers' report appeal from the judgment
of the court of probate to the circuit court, and upon such an appeal there may be determined
either or both of the following: first, whether just compensation has been allowed for property
appropriated and second, whether proper damages have been allowed for property prejudicially
affected by the improvements. Such appeal shall be taken and prosecuted as now provided by
law, which appeal shall be based and heard only upon the exceptions heretofore filed by the
complaining party, either as to issue of law or fact, and no additional exceptions shall be
considered by the court upon the hearing of the appeal; provided, that nothing in this section
shall be construed to authorize any appellant to stay the proceedings of the district or to
prevent progress in the work of construction of any work or...
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9-9-14
Section 9-9-14 Board of water management commissioners - Composition; qualifications, appointment,
terms of office, oath and bond of commissioners; seal; officers and employees generally; meetings;
vacancies; quorum. Upon the organization of the district, the court of probate shall appoint
three water management commissioners to be designated "Board of Water Management Commissioners,"
who shall have control of the affairs of the district, and each commissioner shall be an owner
of real property within the district and shall be over 19 years of age, and at least one of
them shall be a resident of the county in which the proceedings are held. Whenever the owners
of a majority in acres of the land comprising a district petition the court for appointment
of a person qualified under this article to act as a water management commissioner, it shall
be the duty of the court to appoint such person or persons, but in the absence of such petition
it shall be the duty of the court to appoint such...
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11-99A-22
Section 11-99A-22 Amendments of district. A board may submit to the appointing government a
petition for amendment of the district, to alter its boundary lines, to add additional property
contiguous to the municipality (in the case of a district formed by that municipality) or
to the district, or to make an amendment in the articles of incorporation as the board may
consider expedient. The council may approve changes, and upon approval, changes shall become
effective. To the extent the articles of incorporation are to be amended, the board shall,
following a hearing, make an amendment to the articles of incorporation to be forthwith recorded
in the office of judge of probate of the county or counties in which the district is located,
reflecting the approved amendment. If the amendment adds additional land to a district formed
by a municipality, upon the recording of such amendment, such additional land shall be deemed
annexed into the municipality. However, no land shall be added to a...
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11-54B-10
Section 11-54B-10 Amendment of self-help business improvement district ordinance. (a) Except
as provided in subsection (b), the governing body of the municipality may amend a self-help
business improvement district ordinance upon the written request of the district management
corporation or a representative group of the owners of the real property located within the
geographical area of the district. Such request must specify the desired amendment, which
should be made by the governing body of the municipality to the self-help business improvement
district ordinance. If such request is made by a representative group of owners of the real
property located within the geographical area of the district, such request must also include
the signatures of the owners of real property which comprises at least two-thirds of the total
fair market value of all real property located in the district, determined pursuant to the
provisions of subsection (a) of Section 11-54B-5. (b) The governing body...
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9-8-63
Section 9-8-63 Addition of lands to districts. (a) Any one or more owners of land may petition
the board of supervisors to have their lands added to a watershed conservancy district. Such
petition shall define the boundaries of the land desired to be annexed, the number of acres
of land involved and other information pertinent to such proposal. When the boundary described
embraces lands of others than the petitioners, the petition shall so state and shall be signed
by 25 or more of the landowners in the territory described if 50 or more such owners are involved,
or by a majority if less than 50 landowners are involved. (b) Within 30 days after such petition
is filed, the board shall cause due notice to be given of a hearing on such petition. All
interested parties shall have a right to attend such hearing and be heard. The board shall
determine whether the lands described in the petition or any portion thereof shall be included
in the district. If all the landowners in the territory...
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9-9-25
Section 9-9-25 Correction of errors in or amendments to water management plan. The board of
water management commissioners may correct errors in or amend the plan of water management
at any time upon the recommendation or concurrence of competent technicians when it appears
that the purpose for which the district is organized may thereby be more effectively and economically
accomplished; provided, that after assessments of benefits have been confirmed by the court,
no such amendment to plans shall be effective until approved by the court having jurisdiction
of the district after a hearing, for which notice shall be given as in the case of the assessments
of benefits, at which hearing all parties whose property has been assessed for benefits or
may be damaged or taken by reason of such amendment shall have opportunity to be heard. When
any amendment to the plan is approved by the court, the benefits and damages resulting from
such amendment shall be determined at the same hearing. (Acts...
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11-54B-49
Section 11-54B-49 Amendment of the self-help business improvement district ordinance. (a) The
governing body of the municipality may amend an ordinance relating to the self-help business
improvement district upon the written request of a representative group of the owners of the
nonexempt real property located within the geographical area of the district. The request
shall specify the desired amendment or amendments which should be made by the governing body
of the municipality to the self-help business improvement district ordinance. The request
shall also include the signatures of the owners of the nonexempt real property comprising
at least 60 percent of the total fair market value of all real property located in the district,
or the owners of at least 50 percent of the parcels of property located within the district;
or, alternatively with respect to a district funded by assessments against a particular class
of businesses, the signatures of the owners of businesses, consistent...
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