18-3546. Court; order; findings; relief granted; costs.
299 words·~1 min read·
/ne/chapter-18/18-3546A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Upon the hearing of the special proceedings pursuant to sections 18-3542 to 18-3547 , the court shall, upon a finding that any of the statements in subdivisions
(1)through
(4)of section 18-3544 are true, that the petition has been properly filed and notice of the petition has been duly given and published for the time and in the manner prescribed in sections 18-3542 to 18-3547 , and that it is in the best interest of the community improvement district, have the power and jurisdiction to issue an order which refers the community improvement district to the city council of the city or board of trustees of the village in which the community improvement district is located for appointment by the city council or village board of trustees of an administrator from a list of not less than two names of persons possessing real estate and financial expertise compiled by the court in the proceedings, and which provides for the suspension of the authority of the board of trustees of the community improvement district to exercise the powers granted such board under the Community Improvement District Act during the period of such administrator's appointment. In the alternative or as additional relief, the court may order such other relief as may be appropriate to cure the defects of the community improvement district, including, but not limited to,
(1)appointment of trustees to serve until the next regular election,
(2)calling a special election to elect trustees which shall be conducted in the same manner as other elections for trustees, and
(3)directing the board of trustees to levy taxes or special assessments as required by the Community Improvement District Act. The cost of the special proceedings may be allowed and apportioned between the parties in the discretion of the court.