(a) A district may be enlarged, provided, that no area lying within a municipality at the time of the enlargement shall be brought within the district.
(b) No area shall be brought within a district by enlargement unless the majority of the votes cast at the election provided for by subsection (c), approve the inclusion of the area within the district and also approve every service charge in effect within the district at the time of election.
(c) The term proposed area, as used in this subsection, means an area proposed to be brought within a district by enlargement of the district. When the board of trustees of a district determines that the inclusion of a proposed area within the district would be to the advantage of the district and also to the advantage of the majority of the property owners of the proposed area, the board of trustees may file in the office of the judge of probate a petition, signed by two-thirds of property owners, that there be an election in the proposed area at which there shall be submitted to the qualified electors residing within the proposed area the question of whether the proposed areas shall be included within the district and also the question of whether every service charge in effect within the district at the time of the election is approved. Upon such petition being filed, the judge of probate shall order an election to be held within the proposed area, within the time provided for in Section 45-49-140.03, at which election the qualified electors residing within the proposed area shall vote on the two foregoing questions. Unless the majority of votes cast at the election vote in the affirmative on each of the foregoing questions, the proposed area shall not be included within the district. Upon the officers’ canvassing the returns of the election certifying that a majority of votes cast was in favor of the inclusion of the proposed area in the district, and that the majority of the votes cast approved every service charge in effect within the district at the time of the election, the proposed area shall become a part of the district.
Last modified: May 3, 2021