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If the proceedings are had pursuant to Subdivision 2 of Subarticle V of this Procedure Code then, upon the entry of all interlocutory judgments in any eminent domain proceedings brought pursuant thereto, proceedings shall be had substantially as provided herein for the issuance of improvement bonds. The bonds shall be sold by the Board and the proceeds shall be used to pay the costs and expenses of the project.
(Added by Ord. 225-81, App. 5/5/81)
If proceedings are had pursuant to Subdivisions 4 or 5 of Subarticle V of this Procedure Code, then in the resolution ordering the acquisitions or improvements the Board shall determine the estimated costs of said acquisitions and improvements and of the expenses incidental thereto, and the total estimated amount of the bonds to be issued. The bonds shall be issued and sold and the proceeds shall be used to pay the costs and expenses of the project.
(Added by Ord. 225-81, App. 5/5/81)
If assessment proceedings are had pursuant to Subdivision 3 or 4 of Subarticle V of this Procedure Code, and proceedings shall be had for the taking of immediate possession of the property to be acquired, then the person in charge of said proposed acquisitions shall prepare and file with the Clerk an estimate of the amount of money necessary to be deposited in court for immediate possession, and proceedings shall be had for the issuance and sale of bonds therefor as provided for the issuance of acquisition bonds. In such event the Board shall issue only such amount of additional bonds as is necessary to provide for the additional costs of said project, and the proceeds of the possession bonds shall be finally used to apply to the cost of the acquisitions and improvements and expenses incidental thereto.
(Added by Ord. 225-81, App. 5/5/81)
Said notice shall refer to the resolution of intention in the proceedings for identification, for a description of the work to be done or acquisitions or improvements to be had and for the boundaries of the assessment district, and notice shall be given therein to all persons interested that it is proposed to hear the report and issue bonds pursuant to this Subdivision, and that any person feeling aggrieved by any act or determination done or made in said proceedings or claiming that any previous acts or proceedings were irregular, defective, erroneous or faulty, or claiming that the work or improvement has not been performed according to the contract in a good and substantial manner, or claiming that any portion of the work or improvement for any reason was omitted or illegally included in the contract, or having any objections or reasons why bonds should not be issued in the amount set forth in the declaration and statement on file, may appear before the Board at the time and place so fixed by it and be heard.
(Added by Ord. 225-81, App. 5/5/81)
All objections shall be made in writing and signed by the protestant, and any grounds not stated therein and filed at or before the time fixed for hearing shall be deemed waived. The contractor or his assigns, and any other person or persons interested in said matter, may appear and be heard upon any of the matters referred to in said notice. The Board may confirm, amend, alter, modify or correct the report in such manner as it shall deem just, and require the work to be completed according to its directions or those of the person designated by it therefor.
(Added by Ord. 225-81, App. 5/5/81)
In the Board's final order upon the hearing, or in the resolution ordering the acquisitions or improvements when the proceedings are had pursuant to Subdivision 4 or 5 of Subarticle V, the Board shall by resolution order the issuance of bonds. The resolution shall state the total principal amount thereof and the amount to mature in each year during their term. The bonds may be made to mature on July 2nd over a period not to exceed 40 years from their date.
(Added by Ord. 225-81, App. 5/5/81)
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