The governing body, by resolution adopted, shall describe the improvement district and the improvement plan to be effected, including a property within the improvement district to be acquired and improved, the projected time schedule for the accomplishment of the improvement plan, the estimated cost and the amount of the cost to be derived from assessments, bonds, or other general funds, together with the proposed basis and rates of assessments to be imposed within the improvement district. However, except in the case of an improvement district in which the sole improvements are the widening and dredging of canals and waterways that are connected to canals as described in Section 48-39-130(D)(10), owner-occupied residential property that is taxed, or will be taxed pursuant to Section 12-43-220(c), must not be included within an improvement district unless the owner, at the time the improvement district is created, gives the governing body written permission to include the property within the improvement district. The resolution also shall establish the time and place of a public hearing to be held within the municipality not sooner than twenty days nor more than forty days following the adoption of the resolution, at which an interested person may attend and be heard, either in person or by attorney, on a matter in connection with the improvement district.

HISTORY: 1962 Code Section 59-599.155; 1974 (58) 2813; 1999 Act No. 118, Section 2; 2005 Act No. 109, Section 8, eff June 2, 2005; 2010 Act No. 282, Section 4, eff June 16, 2010; 2010 Act No. 290, Section 33.E, eff January 1, 2011; 2012 Act No. 268, Section 3, eff June 20, 2012.

Effect of Amendment

The 2005 amendment, in the second sentence, added "or will be taxed" and "at the time the improvement district is created".

The two 2010 amendments made the same changes and rewrote this section.

The 2012 amendment inserted "and waterways that are connected to canals as described in Section 48-39-130(D)(10)" and made other, nonsubstantive, changes throughout the section.