48-7023. Assessments; assessment lien bonds; judicial review

A. After approval of the assessment at an election held as prescribed by section 48-7041, and pursuant to the procedures prescribed by sections 48-576 through 48-589, as nearly as practicable, or such other procedures as the board provides, the board may levy by resolution an assessment of the costs of any public infrastructure purpose or any operation and maintenance of public infrastructure on any land in the district that is based on the benefit determined by the board to be received by the land. Before the issuance of assessment bonds, the district may enter into a written agreement with a landowner as to the manner in which the assessment is to be allocated if the land is to be divided into more than one parcel. If an issue of assessment bonds finances more than one purpose or service, the benefit received by the land, in the discretion of the district, may be determined by reference to the purposes and services as a whole or individually.  The assessment may be based on estimated costs and amended to reflect actual costs, and the preparation of plans and specifications and the awarding of the contract are not a prerequisite to the levying of the assessment.  An owner of land on which an assessment has been levied may seek judicial review of whether the land is benefited by the proposed public infrastructure, on the merits, by special action filed with the court of appeals, within thirty days after the effective date of the resolution.

B. After adoption by the board of a resolution levying an assessment on property in the district, the board may issue and sell assessment bonds, the term of which may not exceed thirty years, payable from amounts collected from the assessments, from amounts available from time to time in any reserve fund established for those bonds and from any other amounts available for those purposes as prescribed by section 48-7007.  The district and the county treasurer for the county in which the district is located may enter into an agreement for the county treasurer to collect the district's assessments in the manner and by the officers provided by law for the collection and enforcement of general taxes.  The district and the county treasurer may provide by agreement for the payment of the county treasurer's collection expenses directly related to the levy of the assessment and, if so provided, the levy of the assessment may include an amount for compensation of the county treasurer directly related to the collection of the assessment.  The compensation received by the county treasurer pursuant to the agreement shall be governed by section 11-496. The board may also issue and sell bond anticipation notes pursuant to the procedures prescribed in section 48-2081 or with procedures as similar to those as is practicable. The assessment shall be a first lien on the property assessed subject only to general property taxes and prior assessments.  In the event of nonpayment of an assessment and except as otherwise provided in an agreement between the district and the county treasurer pursuant to this section, the procedures for collection of delinquent assessments, sale of delinquent property and issuance and effect of the deed prescribed by sections 48-601 through 48-607 apply, as nearly as practicable, except that the district, a municipality, a county or the state is not required to purchase the delinquent land at the sale if there is no other purchaser. If the landowner owns more than one parcel in the district, the board may provide procedures for the collection and enforcement of assessments as the board deems appropriate by contract with a landowner to allow the sale of any or all of the landowner's parcels in the district if the landowner becomes delinquent as to any parcel that the landowner owns in the district.

C. On adoption of the resolution, but before issuance of the assessment bonds, the district may direct the treasurer to make demand on the owners of the property so assessed, as shown on the property tax roll, for advance payment of the amount assessed.  The demand shall state a date not less than twenty days after the date of adoption of the resolution after which the treasurer may refuse to accept advance payments of the assessment. The treasurer shall certify to the clerk on or after the date specified in the demand the amount collected and the assessments remaining unpaid against each parcel of land assessed.  Assessment bonds may not be issued in an amount in excess of the amount assessed in the resolution or, if advance payments are demanded, the amount certified to the clerk. The district may adopt procedures for prepayment and provisions for payment and reallocation of assessments.

D. The district may issue and sell refunding bonds to refund any assessment bonds of the district, the term of which may not exceed thirty years.