Changes to Existing Law

At the time and place of hearing pursuant to § 31-13-16, theThe board of supervisors shall consider the petition. If the supervisors determine it advisable, the at the time of the hearing pursuant to § 31-13-16. The supervisors may, by resolution, assess such the properties in the road district for purposes the purpose of road improvement for an amount as the supervisors determine advisable. The assessment may not exceed the amount set forth in the petition and in no event may the assessment exceed two dollars a foot front in any one calendar year. The assessment shall must be certified to the county and collected as a part of the real estate taxes against the property so assessed and pursuant to § 31-13-52. The assessment may only be used by the township for the purpose of road improvement in the road district, or part thereof, in which assessed.

The township board of supervisors or, in the case of any if a township which is no longer organized, the board of county commissioners, prior to the assessment of real property within the township, or unorganized township, for the next fiscal year, may levy annually for the purpose of maintaining or, repairing street surfaces, or repaving a street surface or non-section line road, whether of a permanent type or not, a special front foot assessment not to exceed two dollars per front foot upon the real property fronting and abutting the roadway. Such The assessment shall be apportioned must be: (1) Apportioned on a front foot basis; 23 (2) In an amount set by the board of supervisors, or the board of commissioners if the township is no longer organized, at the annual meeting of the township; and shall be levied (3) Levied pursuant to § 31-13-52. If the board of county commissioners is levying a special assessment on real property pursuant to this section, the board of county commissioners shall must perform the duties, as applicable, that are required of the township board of supervisors pursuant to §§ 31-13-32 to 31-13-54, inclusive. 8