48-2838. Resolution ordering improvement; notice; proposals; alternative procurement methods

A. The board may order by resolution the construction or acquisition of the proposed flood protection facility described in the resolution of intention if:

1. No objections as to the extent of the proposed assessment district have been filed within the prescribed time.

2. If any objections to the extent of the proposed assessment district have been heard and denied, the board finds that no action requesting review of the board's decision is pending or all actions for review of the board's decision have been finally resolved in favor of the board's decision.

B. The resolution ordering the construction or acquisition of the proposed flood protection facility described in the resolution of intention need not fully describe the improvement or the extent of the assessment district but may refer to the resolution of intention for the description.

C. If the board determines that sealed proposals should be invited for the construction or acquisition of the proposed flood protection facility described in the resolution of intention, the board shall publish twice in one or more daily newspapers or once in a weekly or semiweekly newspaper of general circulation in the flood protection district a notice of the passage of the resolution ordering the improvement and inviting sealed proposals from persons interested in constructing the improvement. The board shall post a copy of the notice for five days on or near the door of the meeting place of the board. The notice shall state the time within which bid proposals may be filed with the clerk, which shall be at least ten days after the date of the first publication of the notice.

D. If the board determines that it is in the best interests of the district to procure construction services through any method described in section 34-602, section 48-2841 does not apply, and the board shall procure such construction services as prescribed in title 34, chapter 6, article 1. If the board determines that the contracting services should be procured as prescribed in title 34, chapter 6, article 1, it shall publish a notice of the passage of the resolution ordering the improvement and stating that the contracting services will be procured as prescribed in title 34, chapter 6, article 1.