Section 35-8B-2

Establishment of district.

The exclusive and uniform method for the establishment of a community development district shall be by the filing of the articles of establishment of a community development district with the judge of probate of the county in which the district is to be located, or if located in more than one county, of the county wherein is located the largest area of the community development district.

(1) The articles of establishment of a district defined in subsection (a) of Section 35-8B-1 shall contain the following:

a. The written consent to the establishment of the district by the owner or owners of 80 percent of the real property to be included in the district, or documentation demonstrating that the petitioner has control by deed, trust agreement, contract, or option of 80 percent of the real property to be included in the district.

b. A metes and bounds description of the external boundaries of the district, with a specific metes and bounds description of any real property within the external boundaries of the district which is to be excluded from the district.

c. A schematic layout of the proposed district with a map of the proposed and existing residential subdivisions, streets, and roads in the district, and of the building and grounds to be used in common by members of the club operating in the district, together with a commitment that the owner or owners of the real property located within the district will bear the costs of the construction of such proposed streets and roads, and will maintain the same at no expense to the county.

d. The proposed name of the district, and the location and the mailing address of the principal office of the district.

e. A designation of three persons to be the initial members of the Board of Control of the district, who shall serve in that office until replaced by elected members; provided, the members of the Board of Control shall be elected by the owners of the real estate who may vote in person or by proxy in writing at an annual meeting of the district, which date shall be specified in the petition. Each landowner shall be entitled to cast one vote per one acre of land owned and located within the district for each person to be elected, with a fraction of an acre to be treated as one acre entitling the landowner to one vote with respect thereto. The three candidates receiving the highest number of votes shall be elected to the Board of Control for a period of one year, or until his or her successor shall be duly elected and qualified.

(2) The articles of establishment of a district defined in subsection (b) of Section 35-8B-1 shall contain the following:

a. The written consent to the establishment of the district by the owner of the real property to be included in the district.

b. A metes and bounds description of the external boundaries of the district.

c. A schematic layout of the proposed district with a map of the buildings and grounds to be used in common by the members of the club operating in the district.

d. The proposed name of the district and the location and the mailing address of the principal office of the district.

e. A designation of members of the board of governors of the club operating in the district who shall be the members of the Board of Control of the district.

(3) The articles of establishment and two copies thereof shall be delivered to the probate judge who shall, upon the payment of the fees hereinafter prescribed:

a. Endorse on the articles and on each of such copies the word "Filed," and the hour, day, month, and year of the filing thereof.

b. File the articles in his or her office and certify the two copies thereof.

c. Issue a certificate of establishment to which he or she shall affix one certified copy of the articles of establishment, and return such certificate with a certified copy of the articles of establishment affixed thereto to the district.

(4) Upon the filing of the articles of establishment of the community development district with the probate judge, the district's existence shall begin.

(5) In lieu of all other charges and fees, the probate judge shall charge and collect for filing the articles of establishment and issuing a certificate of establishment, one hundred dollars ($100) for the county and thirty-five dollars ($35) for the probate judge.

(Acts 1992, No. 92-532, p. 1074, §2; Act 2000-470, p. 892, §1.)