§ 29-25-106 — Hearing - findings - when action barred

(1) On the date fixed
for any hearing or at any adjournment thereof, the governing body or governing
bodies of each member of the combination shall ascertain, from the tax rolls of
where the district is located, the total valuation for assessment of the taxable real
and personal property in the service area. If it appears that said petition is not
signed in conformity with this article, the petition shall be dismissed and the cost
adjudged against those executing the bond or depositing the cash filed to pay such
costs. Nothing in this section shall prevent the filing of a subsequent petition for a
similar district.

(2) The findings of the governing body or governing bodies upon the question
of the genuineness of the signatures and all matters of fact incident to such
determination shall be final and conclusive.

(3) Prior to the organization of the district, the governing body or governing
bodies may exclude property from the service area or boundaries of the district if
deemed to be in the best interests of the district.

(4) If it appears that an organization petition has been duly signed and
presented in conformity with this article, that the allegations of the organization
petition are true, and that the types of services to be provided by the proposed
district are those services that best satisfy the purposes set forth in this article, the
governing body or bodies, upon the completion of the hearings, shall by ordinance,
resolution, or contract adjudicate all questions of jurisdiction and may, exercising
discretion, declare the district organized, describe the boundaries and service area
of the district, and give it the corporate name specified in the petition by which, in
all subsequent proceedings, it shall thereafter be known.

(5) Such resolution, ordinance, or contract shall finally and conclusively
establish the regular organization of the district against all persons unless an
action, including an action for certiorari review, attacking the validity of the district
is commenced in a court of competent jurisdiction within sixty days after the
effective date of such resolution, ordinance, or contract. Thereafter, any such
action shall be perpetually barred. The organization of said district shall not be
directly or collaterally questioned in any suit, action, or proceeding, except as
provided in this subsection (5).

Legislative History

Source: L. 98: Entire article added, p. 1083, � 1, effective September 1.