Sec. 7-339p. Referendum on ordinance establishing special services district.
Sec. 7-339p. Referendum on ordinance establishing special services district.
(a) An ordinance establishing a special services district shall not take effect unless,
within sixty days of the adoption of such ordinance: (1) If such district is not divided
into subdistricts pursuant to subsection (b) of section 7-339r, a referendum is held among
all the holders of record of taxable interests in real property within such district on the
question of whether such ordinance shall take effect, and unless a majority of such
owners shall respond affirmatively and unless the holders of such taxable interests of
real property the assessments of which shall constitute more than one-half of the total
of assessments for all taxable interests in real property within such district shall respond
affirmatively; or (2) if such district is divided into subdistricts pursuant to subsection
(b) of section 7-339r, a separate referendum is held among all the holders of record of
taxable interests in the real property within each such subdistrict on the question of
whether such ordinance shall take effect, and unless a majority of such holders in each
such subdistrict shall respond affirmatively and unless the holders of such taxable interests in real property within each such subdistrict the assessments of which shall constitute
more than one-half of the total of assessments for all taxable interests in real property
within each such subdistrict shall respond affirmatively; (3) if the ordinance establishing
such district creates different categories of land use within such district pursuant to
subdivision (1) of subsection (c) of section 7-339r, a separate referendum is held among
all the holders of record of taxable interests in real property in each such land use category
in such district on the question of whether such ordinance shall take effect, and unless
a majority of such holders in each such land use category shall respond affirmatively
and unless the holders of taxable interests in real property in each such land use category
the assessments of which shall constitute more than one-half of the total of assessments
for all taxable interests in real property in each such land use category within such district
shall respond affirmatively; and (4) if such district is divided into subdistricts pursuant
to subsection (b) of section 7-339r, and if the ordinance establishing such district creates
different categories of land use within such district pursuant to subdivision (1) of subsection (c) of section 7-339r, and if such ordinance also provides a different basis for the
determination of the levies on the same land use category in different subdistricts pursuant to subdivision (2) of subsection (c) of section 7-339r, a separate referendum is held
among all the holders of taxable interests in real property in each such land use category
in each such subdistrict on the question of whether such ordinance shall take effect, and
unless a majority of such holders in each such land use category in each such subdistrict
shall respond affirmatively and unless the holders of such taxable interests in real property in each such land use category in each such subdistrict the assessments of which
shall constitute more than one-half of the total of assessments for all taxable interests
within each such land use category within each such subdistrict shall respond affirmatively. For the purposes of this section, any tenant in common of any freehold interest
in real property shall have a vote equal to the fraction of his ownership in said interest.
Any joint tenant of any freehold interest in real property shall vote as if each tenant
owned an equal, fractional share of such real property. A corporation shall have its vote
cast by the chief executive officer of such corporation or his designee. No owner shall
have more than one vote.
(b) The ordinance establishing a special services district shall prescribe the method
and manner in which any such referendum shall be conducted, and shall provide the
qualifications for those participating in any such referendum. Any such referendum may
be conducted by mail.
(c) No holder of record of a taxable interest in real property, whether such record
holder is a corporation, partnership, unincorporated association, trustee, fiduciary,
guardian, conservator, or other form of entity, or any combination thereof, and whether
such record holder is an individual who holds interests jointly, or in common with
another individual or individuals, or with any one or more of the foregoing, shall be
precluded from participating in any such referendum because of the form of entity which
holds such record interest.
(P.A. 73-621, S. 4; P.A. 88-306, S. 1.)
History: P.A. 88-306 amended Subsec. (a) by adding provisions re voting by a tenant in common or a joint tenant of a
freehold interest in real property or a corporation and prohibiting an owner from having more than one vote.