§ 6-35-170 — Ordinance creating district; findings; contents; notice of adoption.

(A) Not less than seven days after the public hearing, the governing body may proceed to create the district by enactment of an ordinance. The ordinance may provide for the creation of the district as originally proposed or with such changes and modifications as the governing body may determine. The ordinance may further provide for the financing of the improvements by assessments, bonds, or other obligations. (B) An ordinance enacted under this section must contain the following findings: (1) the proposed improvements may benefit the proposed district and the proposed service area; (2) the improvements may preserve or increase property values within the district; (3) in the absence of the improvements, property values within the district are likely to depreciate, or that the proposed improvements are likely to encourage development in the improvement district; (4) the general welfare and tax base of the government entity would be maintained or likely improved by creation of an improvement district in the government entity; (5) it would be fair and equitable to finance all or part of the cost of the improvements by an assessment upon the real property within the district, and the governing body may establish the area as an improvement district and implement and finance, in whole or in part, an improvement plan in the district in accordance with the provisions of this chapter; (6) the improvements are located within the district or within the relevant service area; and (7) in circumstances where the district is proposed to consist of noncontiguous parcels, all parcels that comprise the district are situated within the relevant service area for each improvement. (C) An ordinance authorizing the creation of a district must: (1) include a description of potential levels of service resulting from improvements; (2) provide a methodology for the imposition, apportionment, adjustment, and termination of the assessment; and (3) include the expected impact upon school enrollments of development within the proposed district. (D) Notice of adoption of the ordinance shall be published in a newspaper of general circulation in the district once a week for two consecutive weeks. Any person affected by the action of the governing body may, by action de novo instituted in the court of common pleas for the county in which the district is located, within twenty days following the last publication of notice prescribed by this section, but not afterwards, challenge the action of the governing body.

Legislative History

HISTORY: 2008 Act No. 350, SECTION 1, eff upon approval (became law without the Governor's signature on June 17, 2008).