§ 32-1-205 — Resolution of approval required

(1) A petition for the
organization of a special district filed in any district court of competent jurisdiction
pursuant to the provisions of section 32-1-301 shall be accompanied by a resolution
approving the service plan of the proposed special district by the board of county
commissioners of each county where the territory of the proposed special district
lies or, where required pursuant to section 32-1-204.5, by a resolution of approval
by the governing body of each municipality. If the boundaries of a proposed special
district include territory within two or more counties, a resolution approving the
service plan for such special district shall be required from the board of county
commissioners of each county which has territory included in the proposed special
district; but the board of county commissioners of each of the respective counties,
in their discretion, may hold a joint hearing on the proposed special district in
accordance with section 32-1-204.

(2) Except as provided in section 32-1-206, no petition for the organization of
a special district shall be considered by any court in this state without the
resolution of approval and the service plan required by this part 2. The approved
service plan and the resolution of approval required by this part 2 shall be
incorporated by reference in and appended to the order establishing the special
district after all other legal procedures for the organization of the proposed special
district have been complied with.

Legislative History

Source: L. 81: Entire article R&RE, p. 1550, � 1, effective July 1. L. 85: (1) amended, p. 1101, � 7, effective May 3. L. 91: (1) amended, p. 783, � 5, effective June 4.