7-84-206 - Hearing on creation of district Adoption of ordinance.
7-84-206. Hearing on creation of district Adoption of ordinance.
(a) At the time and place thus appointed, the governing body shall meet, and at such meeting, or at the time and place to which the meeting may be adjourned from time to time, all persons whose property may be affected by such improvement or improvements may appear in person, by attorney or by petition and protest against the creation of such central business improvement district; and the governing body shall consider such objections and protests, if any, and may change the district boundaries or modify the proposal in such manner as may be deemed advisable by the governing body. At the conclusion of such public hearing, the governing body shall adopt, adopt as amended, or reject the organization of such central business improvement district by the adoption or rejection of an ordinance setting out the district. In all such municipalities requiring two (2) or more readings before passage of an ordinance, all readings shall have been held prior to the public hearing, except the final such reading, so that the adoption may take place at the conclusion of such public hearing.
(b) Any person who fails to file a protest, who fails to appear at the public hearing to protest, or, having filed, withdraws such protest, shall be deemed to have waived any objection to the creation of the district, the making or acquisition of the improvements, and the inclusion of such person's property in the district. Such waiver, however, shall not preclude such person's right to object to the amount of the assessment at the hearing for which provision is made in § 7-84-409.
(c) The governing body of any municipality may amend from time to time the ordinance organizing a central business improvement district to include additional improvements; provided, that the amendment shall not become effective until after a public hearing relating to the amendment is held in the manner required by § 7-84-204, and any amendment shall be subject to protest as provided in § 7-84-207.
[Acts 1971, ch. 268, § 10; T.C.A., § 6-3910; Acts 2007, ch. 494, § 4.]