§ 6-71-105 - Public notice of passage of chapter -- Methods of approval.
               	 		
6-71-105.    Public notice of passage of chapter -- Methods of approval.
    (a)  Immediately  upon the organization of the commission, or as soon thereafter as it is  convenient, it shall give public notice of the passage of this chapter  and of the commission's organization and the purposes of this chapter,  and that the public improvement contemplated in this chapter is  conditioned upon its approval by a majority in value of the owners of  real estate within the district or a majority of the electors voting in a  special election that may be held upon this chapter.
(b)  This chapter may be submitted in either or both of the following modes to determine whether it shall become operative:
      (1)    (A)  If  at any time within five (5) years from the passage of this chapter a  petition purporting to be signed by a majority in value of the owners of  real property within the district is filed with the commission, the  commission shall give public notice of that fact in at least one (1)  daily newspaper published in the county and set a day and place for the  hearing not less than twenty (20) days after the first publication of  the notice.
            (B)  At the place  and time so designated, the commissioners shall examine the petition  filed and examine the assessment of the real property within the  district and, for the purpose of the hearing, may adjourn from day to  day from time to time until the hearing is completed.
            (C)  At  the hearing, any landowner in the district may be heard and evidence  may be taken in such a manner as the commission may deem proper to  determine the fact as to whether the petition is signed by a majority in  value of the landowners of the district, as shown by the last county  assessment of the lands within the district.
            (D)    (i)    (a)  If  at the hearing the commissioners find that the petition is not signed  by a majority in value of the landowners of the district, as shown by  the last county assessment, they shall so declare. Such findings shall  terminate proceedings under this chapter unless within the term herein  limited another petition purporting to be signed by a majority in value  of owners of real estate in the district is filed with the commission,  when like proceedings shall again be had to determine whether a majority  in value of the landowners of the district have signed the petition.
                        (b)  However,  the finding that a majority in value has not petitioned for the  improvement shall not bar the chapter from becoming effective as  provided in subdivision (b)(2) and subsection (c) of this section.
                  (ii)  If  the commission finds that the petition is signed by a majority in value  of the landowners of the district as shown by the last county  assessment, they shall so declare and shall proceed to carry out the  purposes of this chapter.
                  (iii)  In  either event, public notice shall be given in at least one (1) daily  paper published in the county of that fact, and a copy of the findings  shall be filed with the county court of the county.
      (2)    (A)  The  commission may call at any time within five (5) years an election in  accordance with    7-11-201 et seq. to determine whether this chapter  shall become operative and may call subsequent elections in accordance  with    7-11-201 et seq. after the chapter has failed to carry if the  commission has good reasons to believe that a majority of the electors  then favor this chapter.
            (B)  The  election held under this section shall be held conformable as nearly as  possible to the laws of the state governing general elections.
            (C)  The commission shall perform the duties of county election commissioners as nearly as applicable.
            (D)  All  citizens of the city in which the district is located who possess a  right to vote if the election were a general election for state  officers, and no other, shall be entitled to vote in the election.
            (E)  The  commission shall canvass the votes cast at the special elections. If  the commission finds that a majority of the votes cast in the election  were in favor of this chapter's becoming operative, they shall so  declare and shall proceed to carry out the purposes of this chapter.
            (F)  Public  notice shall be given of their findings in either event in at least one  (1) daily newspaper published in the county in which the district is  located, and a copy of their findings shall be filed with the county  clerk of such a county.
(c)  It is  the intent of this section to permit this chapter to become operative if  it is approved at any time within five (5) years in either of the  foregoing methods and not to become operative unless approved within  this period by one (1) or the other of the methods provided in this  section.