§ 14-94-105 — Petition to form district

(a) Upon the petition of all the owners of the record title as reflected by the deed records in the office of the circuit clerk and ex officio recorder of the pertinent county, it shall be the duty of the governing body to: (1) Lay off into an improvement district the territory described in the petition for the purpose of purchasing, accepting as a gift, constructing, or maintaining facilities for waterworks, recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation by public utilities or municipal utilities of electric and telephone distribution systems, sanitary sewers, streets and highways, including curbs and gutters, and sidewalks, together with facilities related to any of the foregoing, or for more than one (1) of those purposes; and (2) (A) Name as commissioners of the district the three (3) individuals whose names appear in the petition if the petition contains those names, and if not, then three (3) individuals of integrity and good business ability who own real property in the district or are creditors of the district or live in the district. (B) In the event that a property owner or creditor is a corporation, partnership, trust, or other legal entity, any officer, director, trustee, employee, or other designated representative of the entity may be named and appointed as a commissioner. (b) All the districts shall be numbered consecutively and shall receive names selected by the governing body. If the governing body does not act promptly in complying with the terms of this section, or of any other section of this chapter essential to the creation and operation of the district, it may be compelled to do so by mandamus. (c) (1) Any number of petitions may be circulated, and identical petitions with additional names may be filed at any time until the governing body acts. (2) A petition under this section shall contain a bold heading stating that a signature on the petition is a vote to create the district. (d) The formation and creation of such districts is authorized, in whole or in part, outside any municipality. (e) In the event that lands to be included in a district lie in more than one (1) municipality: (1) The municipality in which lies the largest portion of the lands, exclusive of lands which do not lie in any municipality, shall have jurisdiction to create such district and to conduct all other municipal proceedings relating thereto and to the business and affairs thereof, which municipality is referred to hereinbelow as the "creating municipality"; (2) No portion of a municipality shall be included in such district unless it shall be found by the creating municipality that the owners of real property lying within such municipality and within the district shall have petitioned for creation of such district; (3) Notice of the filing of the petition for creation of such district shall be given by first-class mail to the mayor of each such municipality by the clerk or recorder of the creating municipality, and each such municipality may, at any time within fifteen (15) days after the deposit of such notice in the mails, unless such notice shall be waived by resolution of the governing body of such municipality, file with the clerk or recorder of the creating municipality a certified copy of a resolution of its governing body finding that the proposed improvements do not harmonize with the community facilities plans of such municipality or would diminish vehicular or pedestrian traffic in such municipality; and (4) In the event of the filing of the resolution described in subdivision (e)(3) of this section, the governing body of the creating municipality shall reject the petition for creation of such district. (f) (1) A district may enter into a partnership with a private actor as provided by § 14-96-201 et seq. to: (A) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under § 14-96-201 et seq.; and (B) Finance public capital facilities or projects that include broadband internet service. (2) A district in existence on and after January 1, 2021, may conduct any of the activities under subdivision (f)(1) of this section using the notice and voting procedures under this chapter.

Legislative History

Amended by Act 2021, No. 795,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 1025,§ 6, eff. 7/24/2019. Acts 1987, No. 113, § 3; 1989, No. 276, § 1; 1993, No. 819, § 1; 1995, No. 1127, § 1; 1999, No. 475, § 4.