§ 14-91-502 — Hearing and approval

(a) (1) At the time named in the notice the city or town council shall meet and hear all persons who wish to be heard upon the question whether two-thirds (2/3) in assessed value of the owners of real property within the original district and two-thirds (2/3) of the owners within the territory to be annexed have signed the petition. (2) If it finds that two-thirds (2/3) of the property owners in the original district and in the annexation each have so signed, they shall declare the fact by an ordinance. (b) In the ordinance, they shall annex to the original district the territory described in the petition and notice. They shall authorize the commissioners to proceed with the work of improvement as contemplated in their plans and to borrow the funds necessary for the purpose in the same manner as they were authorized to borrow money for the making of the original improvement. (c) The finding of the council shall be conclusive unless, within thirty (30) days from publication of the ordinance, suit is brought in the chancery court to set it aside. (d) (1) The council and chancery court in their finding shall be governed by the record of deeds in the office of the recorder of the county and shall not consider any unrecorded instrument. (2) They shall also be governed by the value placed upon the property as shown by the last county assessment on file in the county clerk's office. (e) The ordinance shall be substantially in the following form: Click here to view form.

Legislative History

Acts 1929, No. 64, § 15; 1935, No. 145, § 6; Pope's Dig., § 7369; A.S.A. 1947, § 20-323.