§ 32-1-301 — Petition for organization

(1) After approval of the service plan
pursuant to section 32-1-205 or 32-1-206 or after approval of the petition by the
governing body of a municipality pursuant to section 32-1-205, the persons
proposing the organization of a special district may file a petition for organization in
the district court vested with jurisdiction of the county in which all or part of the
real property in the proposed special district is situated. The petition shall be
signed by not less than thirty percent or two hundred of the taxpaying electors of
the proposed special district, whichever number is smaller. Notwithstanding any
other provision of law, only those signatures obtained after the approval of the
service plan pursuant to section 32-1-205 or 32-1-206 or after approval of the
petition by the governing body of a municipality pursuant to section 32-1-205 shall
be considered by the district court in making the evidentiary finding concerning the
required number of taxpaying electors of the proposed special district that is
required by section 32-1-305 (1).

(2) The petition shall set forth:

(a) The type of service to be provided by the proposed special district and
the name of the proposed special district, consisting of a chosen name preceding
one of the following phrases:

(I) Ambulance district;

(I.1) Fire protection district;

(II) Health service district;

(III) Metropolitan district;

(IV) Park and recreation district;

(V) Sanitation district;

(VI) Water and sanitation district;

(VII) Water district;

(VIII) Tunnel district;

(IX) Mental health-care service district;

(X) Health assurance district;

(XI) Early childhood development service district.

(b) A general description of the facilities and improvements, if any, to be
constructed, installed, or purchased for the special district;

(c) A statement as to whether the proposed special district lies wholly or
partly within another special district or municipality;

(d) The estimated cost of the proposed facilities and improvements;

(d.1) The estimated property tax revenues for the district's first budget year;

(e) A general description of the boundaries of the special district or the
territory to be included therein, with such certainty as to enable a property owner to
determine whether or not his property is within the special district;

(f) If selected by the petitioners, a general description of the boundaries of
director districts which shall have, as nearly as possible, the same number of
eligible electors, which shall be as contiguous and compact as possible, and which
shall be represented on the board by a director who is an eligible elector within the
boundaries of the respective director district;

(g) A request for the organization of the special district;

(h) A request for the submission to the electors of the special district at the
organizational election of any questions permitted to be submitted at such election
pursuant to section 32-1-803.5.

(3) The petition shall be accompanied by a resolution approving the service
plan as provided in section 32-1-205, unless the service plan has been approved by
the court as provided in section 32-1-206 or unless such special district is confined
exclusively within the boundaries of any existing municipality, and the governing
body of the municipality has approved the petition for organization by resolution
which shall be attached to the petition.

Legislative History

Source: L. 81: Entire article R&RE, p. 1551, � 1, effective July 1. L. 83: (2)(a)(I) R&RE and (2)(a)(I.1) added, p. 412, �� 4, 5, effective June 1. L. 85: (1) amended, p. 1108, � 1, effective March 1; (2)(f) amended, p. 1083, � 2, effective July 1, 1986. L. 86: (2)(d.1) added, p. 1030, � 14, effective January 1, 1987. L. 87: (2)(a)(VIII) added, p. 1232, � 2, effective May 13. L. 91: (1) amended, p. 786, � 10, effective June 4. L. 92: (2)(f) amended, p. 875, � 107, effective January 1, 1993. L. 93: (2)(h) added, p. 1439, � 134, effective July 1. L. 96: (2)(a)(II) amended, p. 470, � 2, effective July 1. L. 2005: (2)(a)(IX) added, p. 1035, � 3, effective June 2. L. 2007: (2)(a)(X) added, p. 1189, � 6, effective July 1. L. 2017: (1) amended, (HB 17-1065), ch. 73, p. 232, � 3, effective August 9. L. 2019: (2)(a)(XI) added, (HB 19-1052), ch. 72, p. 259, � 5, effective August 2.