§10-2A-6. Resolution for construction, etc., of establishment;
notice and hearing.
Before any board shall construct, acquire, improve, extend or
equip any athletic establishment under this article, the board
shall adopt a resolution which shall (a) set forth a brief general
description of the athletic establishment, and if the same is to be
constructed a reference to the preliminary report or plans and
specifications which shall theretofore have been prepared; (b) set
forth the estimated cost thereof; (c) order the construction,
acquisition, extension, improvement or equipment of such
establishment; (d) direct that revenue bonds of the county board of
education be issued pursuant to this article; in such amount as may
be found necessary to pay the costs of such athletic establishment;
and (e) contain such other provisions as may be necessary or proper
in the premises. Before such resolution shall become effective it,
together with the following described notice, shall be published as
a Class II legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of this code, and the publication
area for such publication shall be the county in which such board
of education is located. The notice shall specify a time and place
for a public hearing, the time being not less than ten days after
the first publication of said notice; at which time and place all
parties and interests may appear before the board, and may be heard
as to whether or not said resolution shall be put into effect. At
such hearing all objections and suggestions shall be heard and the board shall take such action as it shall deem proper in the
premises: Provided, however, That if at such hearing a written
protest is filed by thirty percent or more of the owners of real
estate situate in said county, then the board of education shall
not take further action unless four fifths of the members of said
board assent thereto: And provided further, That in case written
protest is filed purporting to have been signed by or on behalf of
thirty percent or more of the owners of real estate in said county,
the board shall have authority to appoint a subcommittee to consist
of one proponent, one opponent and the third to be selected by
these two, to determine whether or not thirty percent of the
property owners have in fact protested, and said subcommittee shall
report its findings to the board.