Section 67.2515

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 67

Effective - 28 Aug 2004   

  67.2515.  Petition, contents, notice — hearing — district declared organized, when. — 1.  Whenever the creation of a theater, cultural arts, and entertainment district is desired, one or more registered voters from each subdistrict of the proposed district, or if there are no registered voters in a subdistrict, one or more property owners who collectively own one or more parcels of real estate comprising at least a majority of the land situated in the proposed subdistricts within the proposed district may file a petition with the circuit court requesting the creation of a theater, cultural arts, and entertainment district.  The petition shall contain the following information:

  (1)  The name, address, and phone number of each petitioner and the location of the real property owned by the petitioner;

  (2)  The name of the proposed district;

  (3)  A legal description of the proposed district, including a map illustrating the district boundaries, which shall be contiguous, and the division of the district into at least five, but not more than fifteen, subdistricts that shall contain, or are projected to contain upon full development of the subdistricts, approximately equal populations;

  (4)  A statement indicating the number of directors to serve on the board, which shall be not less than five or more than fifteen;

  (5)  A request that the district be established;

  (6)  A general description of the activities that are planned for the district;

  (7)  A proposal for a sales tax to fund the district initially, pursuant to the authority granted in sections 67.2500 to 67.2530, together with a request that the imposing of the sales tax be submitted to the qualified voters within the district;

  (8)  A statement that the proposed district shall not be an undue burden on any owner of property within the district and is not unjust or unreasonable;

  (9)  A request that the question of the establishment of the district be submitted to the qualified voters of the district;

  (10)  A signed statement that the petitioners are authorized to submit the petition to the circuit court; and

  (11)  Any other items the petitioners deem appropriate.

  2.  The circuit clerk of the county in which the petition is filed pursuant to this section shall present the petition to the judge, who shall thereupon set the petition for hearing not less than thirty days nor more than forty days after the filing.  The judge shall cause publication of the notice of the hearing on two separate occasions in at least one newspaper of general circulation in the county where the proposed district is located, with the first publication to occur not more than thirty days before the hearing, and the second publication to occur not more than fifteen days or less than ten days before the hearing.  The notice shall recite the following information:

  (1)  A description of the boundaries of the proposed district and each subdistrict;

  (2)  The time and place of a hearing to be held to consider establishment of the proposed district;

  (3)  The time frame and manner for the filing of the petitions or answers in the case;

  (4)  The proposed sales tax rate to be voted on within the subdistricts of the proposed district;

  (5)  The proposed uses for the revenue generated by the new sales tax; and

  (6)  Such other matters as the circuit court may deem appropriate.

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The costs of printing and publication of the notice shall be paid by the petitioners.  If the district is organized pursuant to sections 67.2500 to 67.2530, the petitioners may be reimbursed for such costs out of the revenues received by the district.

  3.  Any registered voter or owner of real property within the proposed district may join in or file a petition supporting or answer opposing the creation of the district and seeking a judgment respecting these same issues; provided, however, that all pleadings must be filed with the court no later than five days before the case is heard.

  4.  The court shall hear the case without a jury.  If the court determines the petition is defective or the proposed district or its plan of operation is unconstitutional, it shall enter its judgment to that effect and shall refuse to incorporate the district as requested in the pleadings.  If the court determines the petition is not legally defective and the proposed district and plan of operation are not unconstitutional, the court shall order an election on the questions of the district creation and sales tax funding for voter approval and certify the questions to the circuit clerk.  The election order shall include the date on which the ballots will be mailed to qualified electors, which shall be not sooner than the eighth Tuesday from the issuance of the order.  The election regarding the incorporation of the district and ^* imposing the sales tax shall follow the procedure set forth in section 67.2520, and shall be held pursuant to the order and certification by the circuit judge.  Only those subdistricts approving the question of creating the district and imposing the sales tax shall become part of the district.

  5.  If the results of the election conducted in accordance with section 67.2520 show that a majority of the votes cast were in favor of organizing the district and imposing the sales tax, the circuit judge shall establish the proposed district in those subdistricts approving the question of creating the district and imposing the sales tax by issuing an order to that effect.  The court shall determine and declare the district organized and incorporated and issue an order that includes the following:

  (1)  The description of the boundaries of the district and each subdistrict;

  (2)  A statement that a theater, cultural arts, and entertainment district has been established;

  (3)  A declaration that the district is a political subdivision of the state;

  (4)  The name of the district;

  (5)  The date on which the sales tax election in the subdistricts was held, and the result of the election;

  (6)  The uses for any revenue generated by a sales tax imposed pursuant to this section;

  (7)  A certification to the newly created district of the election results, including the election concerning the sales tax; and

  (8)  Such other matters as the circuit court deems appropriate.

  6.  Any subdistrict that does not approve the creation of the district and imposing the sales tax shall not be a part of the district and the sales tax shall not be imposed until after the district board of directors has submitted another proposal for the inclusion of the area into the district and such proposal and the sales tax proposal are approved by a majority of the qualified voters in the subdistrict voting thereon.  Such subsequent elections shall be conducted in accordance with section 67.2520; provided, however, that the district board of directors may place the question of the inclusion of a subdistrict within a district and the question of imposing a sales tax in the proposed subdistrict before the voters of a proposed subdistrict, and the circuit clerk shall conduct the subsequent election.  In subsequent elections, the election judges shall certify the election results to the district board of directors.

  7.  Any party having filed a petition or answer to a petition may appeal the circuit court's order or judgment in the same manner as provided for other appeals.  Any order either refusing to incorporate the district or incorporating the district shall be a final judgment for purposes of appeal.

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(L. 2004 H.B. 795, et al. merged with H.B. 833 merged with S.B. 732 merged with S.B. 1155)

*Word "the" appears in original rolls.