§ 14-218-106 — Petition to take over light and water plant

(a) If, within ninety (90) days after the publication of the ordinance creating and establishing the district, persons claiming to be a majority in value of the owners of real property within the district shall present to the city council a petition that the plants and systems be acquired and consolidated, that the improvements be made, that thereafter the plants and systems be maintained, and that the cost thereof be assessed and charged upon the real property situated within the district, the city clerk shall give notice by publication one (1) time a week for two (2) weeks in a newspaper published in the county in which the city lies. This publication shall advise the property owners within the district that on a day therein named the council will hear the petition and determine whether those signing the petition constitute a majority in value of the owners of real property. (b) At the meeting named in the notice, the owners of real property within the district shall be heard before the council, which shall determine whether the signers of the petition constitute a majority in value. The findings of the council shall be conclusive unless within thirty (30) days thereafter suit is brought to review its action in the chancery court of the county where the city lies. (c) In ascertaining whether the petition purporting to be signed by a majority in value of the owners of real property in the district is actually so signed, council and courts shall take and be governed by the valuation placed upon the property as shown by the last county assessment on file in the county clerk's office. (d) The petition provided for in this section may be in the following form: Click here to view form.

Legislative History

Acts 1927, No. 350, §§ 5, 33; Pope's Dig., §§ 7404, 7432; A.S.A. 1947, §§ 20-505, 20-506.