As Amended
SEC. 21-33-503. Establishment of special local improvement taxing districts; levy of annual special tax; notice and hearing; amendments to taxing district resolutions.
(1) (a) The governing authority of a municipality is authorized to establish one or more special local improvement taxing districts and to levy and collect an annual special tax not to exceed six (6) mills against only that taxable real property that is included within each such district, provided that such a special tax shall not be levied or collected unless the governing authority (a) shall have adopted a resolution (i) designating an area a special local improvement taxing district and (ii) specifying the maximum millage to be levied on taxable real property in the district under this section, and (b) has received a petition in favor of the levy of such tax signed by the owners of at least sixty percent (60%) of the taxable real property in the proposed district. For purposes of this subsection, "owners" means those persons possessing a majority of the ownership interest in a piece of taxable real property.
(b) Such special tax levy shall be excluded from the limitations imposed under Section 27-39-321. Before adopting such resolution, the governing authority shall hold a public hearing with respect thereto after public notice by publication at least twice, once a week for two (2) consecutive weeks in a newspaper of general circulation in the municipality, with the first publication being not less than fourteen (14) calendar days before the date specified for such hearing, such notice to include the date, time and place of such hearing, the proposed boundaries of such special local improvement taxing district and the maximum special tax to be levied on property in such district under this section.
(c) The boundaries of the special local improvement taxing district shall not be modified and special taxes shall not be levied in excess of the maximum set forth in such resolution, unless:
(i) The governing authority shall have amended such resolution to reflect such modifications in the boundaries and tax levy;
(ii) The governing authority has received a petition in favor of the levy of the special tax signed by owners, as that term is defined in subsection (1) of this section, of at least seventy percent (70%) of the taxable real property within the modified boundaries of the district; and
(iii) A public hearing is held as provided in subsection (2) of this section. Any special local improvement taxing district established under this article may include any real property located within the corporate boundaries of the municipality.
(2) (a) As an alternative to the procedure provided in subsection (1) of this section, a special local improvement taxing district may be created under this subsection (2) if the boundaries of the proposed special local improvement taxing district are within the boundaries of the homeowners' association representing that area. Upon delivery of a petition to the clerk of the municipality in which the proposed district is located, signed by the owners of at least sixty percent (60%) of the taxable real property in the homeowners' association representing the area in the proposed district, the municipality shall begin efforts to establish the district. Within fifteen (15) days after receipt of such a petition, the clerk of the municipality shall mail ballots to all of the property owners in the proposed special local improvement taxing district providing for a referendum on the issue of creating the district. The ballot shall clearly state the issue to be decided and shall indicate the date by which the ballot must be returned to the clerk of the municipality, which date may not be later than thirty (30) days after the date the clerk mailed the ballots. The governing authorities of the municipality shall adopt a resolution creating the special local improvement taxing district if on or before the last day fixed for the return of ballots, the owners of at least sixty percent (60%) of the taxable real property in the proposed special local improvement taxing district vote in favor of creating the district. The resolution shall contain a description of the boundaries of the district and shall specify the maximum millage rate to be levied upon taxable real property in the district for the municipality's fiscal year.
(b) The homeowners' association representing the property owners in the special local improvement taxing district shall submit a plan to the municipality specifying the local improvements proposed for the district during the municipality's upcoming fiscal year and the total amount proposed to be expended for the improvements. The governing authorities of the municipality may levy a special tax not to exceed six (6) mills upon all taxable real property in the district to provide funds for the local improvements.
(c) The procedures required in this subsection (2) for the establishment of a district shall be used for the modification of the boundaries of a district.
SOURCES: Laws, 1993, ch. 573, Sec. 2, eff from and after passage (approved April 19, 1993) and shall stand repealed July 1, 1998; reenacted without change, Laws, 1998, Ch. 502, § 2 HB 652, eff July 1, 1998, and shall stand repealed July 1, 2001. Amended by Laws 2000, Ch. 459, Sec. 2, HB1545, eff. from and after effectuation under Section 5 of the Voting Rights Act of 1965, as amended and extended.
PREVIOUS VERSIONS: Pre-2000