14-92-206. Hearing on petition and determination.

14-92-206. Hearing on petition and determination. (a)(1) Upon the filing of a petition as prescribed in § 14-92-205, it shall be the duty of the county clerk to give notice of the filing of it, describing the territory to be affected and calling upon all persons who wish to be heard upon the question of the establishment of the suburban improvement district to appear before the county court on a day to be fixed in the notice, at least thirty (30) days after the filing of a petition. (2)(A) The notice shall be published one (1) time a week for two (2) weeks in some newspaper published and having a bona fide circulation in the county where the lands affected are situated and, if available, on the website of the county or of the Secretary of State. (B) This notice may be in the following form: “Notice is hereby given that a petition has been filed praying for the formation of an improvement district for the purpose of Said petition is on file at the office of the County Clerk of County, where it is open for inspection. All persons desiring to be heard on the question of the formation of said district will be heard by the County Court on the day of , 20 The following lands are affected: (Here give description of lands affected; same may be described by using the largest subdivision possible.) County Clerk” Click to view form. (b)(1)(A) On the day named in the notice, it shall be the duty of the court to meet and to hear the petition and to ascertain whether those signing it constitute a majority of the number of owners of realty in the proposed district, the owners of a majority of the realty in area of the proposed district, and the owners of a majority of the assessed value of realty in the proposed district. (B)(i) If the court determines that the majority have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appoint the commissioners elected at the public hearing held prior to filing the petition. (ii) If the court finds that a majority have not signed the petition, it shall enter its order denying the district. (2)(A)(i) If any part of the proposed district shall be located within the corporate limits of an incorporated town or city, the court shall make a separate finding on the question of whether a majority of the number of realty owners in the incorporated area, the owners of a majority of the realty in area in the incorporated area, and the owners of a majority of the assessed value of realty in the incorporated area have signed the petition. (ii) The court shall also make a separate finding on the question of whether a majority of the number of realty owners within the unincorporated area of the proposed district, the owners of a majority of realty in area in the unincorporated area of the proposed district, and the owners of a majority of assessed value of realty within the unincorporated area of the proposed district have signed the petition. (B)(i) If the court determines that the majority have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appoint the commissioners elected at the public hearing held prior to the filing of the petition. (ii) If the court finds that a majority have not signed the petition, it shall enter its order denying the district. (c)(1) Any petitioner or any opponent of the petition may appeal from the judgment of the court creating or refusing to create the district. However, the appeal must be taken and perfected within thirty (30) days. (2) If no appeal is taken within that time, the judgment creating the district shall be final and conclusive upon all persons. (d)(1) The petition shall state the specific purpose for which the district is to be formed, and the judgment establishing the district shall give it a name, which shall be descriptive of the purpose. (2) The district shall also receive a number to prevent its being confused with other districts formed for similar purposes.