Section 67.1894

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 67

Effective - 02 Jul 2001, see footnote   

  67.1894.  Termination of taxing authority by petition, procedure. — 1.  The authority of the district to levy any property tax levied pursuant to section 67.1880 may be terminated by a petition of the voters in the district in the manner prescribed in this section.

  2.  The petition for termination of authority to tax may be changed as follows:

  (1)  Twenty-five percent of the number of voters who voted in the most recent gubernatorial election in the district may file with the board a petition in writing praying that the district's authority to impose a property tax be terminated.  The petition shall specifically state that the district's authority to impose any property tax, whether or not such a tax is being imposed at the time such petition is filed, shall be terminated.  Such petition shall be in substantially the form set forth for petitions in chapter 116; or

  (2)  All of the owners of real estate in the district may file a petition with the board praying that the district's authority to impose a property tax be terminated.  The petition shall specifically state that the district's authority to impose any property tax, whether or not such a tax is being imposed at the time such petition is filed, shall be terminated.  Such petition shall be in substantially the form set forth for petitions in chapter 116.  The petition shall describe the property owned by the petitioners and shall be deemed to give assent of the petitioners to the petition.

  3.  The secretary of the board shall cause notice of the filing of any petition filed pursuant to this section to be given and published in the county in which the property is located, which notice shall recite the filing of such petition, the number of petitioners and the prayer of the petitioners; giving notice to all persons interested to appear at the office of the board at the time named in the notice and show cause in writing, if any they have, why the petition should not be granted.  The board shall at the time and place mentioned, or at such time or times to which the hearing may be adjourned, proceed to hear the petition and all objections thereto presented in writing by any person showing cause why the petition should not be granted.

  4.  If the board deems it for the best interest of the district, it shall grant the petition.  If the petition is granted, the board shall make an order to that effect and file the petition with the circuit clerk.  If the petition contains the signatures of all the owners of the property pursuant to the provisions of subdivision (2) of subsection 2 of this section, the authority to tax shall be terminated upon the order of the court.  If the petition contains the signatures of twenty-five percent of the number of voters who voted in the most recent gubernatorial election in the district pursuant to subdivision (1) of subsection 2 of this section, the authority to tax shall be terminated subject to the election provided in section 67.1896.  The circuit court having jurisdiction over the district shall proceed to make any such order terminating such taxation authority as is provided in the order of the board, unless the court shall find that such order of the board was not authorized by law or that such order of the board was not supported by competent and substantial evidence.

  5.  Any person aggrieved by any decision of the board made pursuant to the provisions of this section may appeal that decision to the circuit court of the county in which the property is located within thirty days of the decision by the board.

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(L. 2001 H.B. 80 merged with S.B. 224)

Effective 5-16-01 (S.B. 224); 7-02-01 (H.B. 80)