The establishment of a district may be accomplished by petition
by the procedure set forth in this article.
(Code 1994 § 28-61; Code 1965 § 18-64)
The petition establishing a district shall set forth the name
of the proposed district, a legal description thereof, a statement
that if the district is established the City shall acquire, construct,
install, finance and operate improvements within the district and
defray the costs of doing so by levying special assessments against
the property within the district, and a request for the establishment
of a district. The petition shall be subscribed by more than 50 percent
of the landowners in the district and also by landowners with property
within the district comprising more than 50 percent in the aggregate
of the valuation for assessment of all property therein. The petition
shall be filed in the office of the City Manager. Counterpart petitions
may be filed and together shall be regarded as one petition.
(Code 1994 § 28-62; Code 1965 § 18-64(a))
Upon receipt of a petition for establishment of a district,
the City Manager shall cause to be prepared a list of all landowners
as of the date of filing. Such list shall be prepared from the official
records of the County Treasurer and from such other reliable information
as may be available. The City Manager shall give published notice
of the date of the intended completion of the list, affording all
persons claiming to be landowners an opportunity to present evidence
satisfactory to the City Manager of their rights to be included on
the list of landowners. Any person who fails to present evidence prior
to the date of completion of the list, as announced in the notice
thereof, shall be deemed to have waived any objection to the sufficiency
of the petition or the failure of the City to give mailed notice to
such person of any subsequent proceeding, and the published notice
required by this section shall specifically state upon completion
of such list that the City Manager shall fix a place and time not
less than 20 days nor more than 40 days thereafter for a hearing on
the petition before the City Council. The City Manager shall give
published and mailed notice to all landowners of the pendency of the
petition and of the place and the time of the hearing thereon. Such
notice shall also set forth the name of the proposed district, a legal
description thereof and a statement that if the district is established
the City shall acquire, construct, install, finance or operate improvements
within the district and defray the costs of doing so by levying special
assessments against the property within the district.
(Code 1994 § 28-63; Code 1965 § 18-64(b))
At the hearing called pursuant to this article, the City Council
shall determine if the petition complies with the requirements of
this article and shall determine the qualifications of the subscribers
to the petition and the genuineness and sufficiency of the signatures
thereon. Any landowner having information relevant to such determinations
shall be afforded the opportunity at such hearing to present such
information. Unless challenged at the hearing by an interested party
having such information, the information contained in the list of
landowners prepared by the City Manager shall be presumed correct.
In the event of any such challenge, the City Council shall hear and
rule upon the challenge. Regardless of whether any challenge is made,
the City Council shall make a finding as to its accuracy and completeness.
All rulings on challenges and findings concerning the accuracy and
completeness of the list shall be embodied in any ordinance adopted
pursuant to this article. Any petition may be amended to conform to
the facts or to correct technical defects and, whether or not so amended,
may be recirculated for the purpose of obtaining additional signatures.
(Code 1994 § 28-64; Code 1965 § 18-64(c))
If the City Council finds that the petition complies with the
requirements of this article and that it bears the requisite number
of signatures, it shall by ordinance declare the district established,
giving it the name required by this chapter and an appropriate number
and describing its boundaries in accordance with the petition, or
any amendment thereto, necessitated by the proceedings.
(Code 1994 § 28-65; Code 1965 § 18-64(d))
