§ 31-25-1207 — Hearing - findings - when action barred

(1) On the date fixed
for such hearing or at any adjournment thereof, the governing body shall ascertain,
from the tax rolls of the county or counties in which the district is located, the total
valuation for assessment of the taxable real and personal property in the service
area and the classification of taxable property. If it appears that said petition is not
signed in conformity with this part 12, the governing body shall dismiss the petition
and adjudge the cost 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 upon the question of the genuineness
of the signatures and all matters of fact incident to such determination shall be
final and conclusive.

(3) (Deleted by amendment, L. 91, p. 759, � 3, effective May 20, 1991.)

(4) Prior to the organization of the district, the governing body may exclude
property from the service area or boundaries of the district if it deems such
exclusion to be in the best interests of the district or required by section 31-25-1208.

(5) If it appears that an organization petition has been duly signed and
presented in conformity with this part 12, that the allegations of the organization
petition are true, and that the types of services or improvements to be provided by
the proposed district are those services or improvements which best satisfy the
purposes set forth in this part 12, the governing body, upon the completion of the
hearing, shall, by ordinance, adjudicate all questions of jurisdiction and may, in its
sole 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. The district shall
be a quasi-municipal corporation and political subdivision of the state with all
powers and responsibilities thereof.

(6) Such ordinance 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 ordinance.
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 (6).

Legislative History

Source: L. 88: Entire part added, p. 1131, � 1, effective May 6. L. 91: Entire section amended, p. 759, � 3, effective May 20.