(1) (a) The boundaries of a
special district may be altered by the inclusion of additional real property by the fee
owner or owners of one hundred percent of any real property capable of being
served with facilities of the special district filing with the board a petition in writing
requesting that such property be included in the special district. The petition shall
set forth a legal description of the property, shall state that assent to the inclusion
of such property in the special district is given by the fee owner or owners thereof,
and shall be acknowledged by the fee owner or owners in the same manner as
required for conveyance of land.
(b) The board shall hear the petition at a public meeting after publication of
notice of the filing of such petition, the place, time, and date of such meeting, the
names and addresses of the petitioners, and notice that all persons interested shall
appear at such time and place and show cause in writing why the petition should
not be granted. The board may continue such hearing to a subsequent meeting.
There shall be no withdrawal from a petition after publication of notice by the board
without the consent of the board. The failure of any municipality or county which
may be able to provide service to the real property therein described or of any
person in the existing special district to file a written objection shall be taken as an
assent to the inclusion of the area described in the notice.
(c) (I) The board shall grant or deny the petition, in whole or in part, with or
without conditions, and the action of the board shall be final and conclusive, except
as provided in subparagraph (II) of this paragraph (c). If a municipality or county has
filed a written objection to such inclusion, the board shall not grant the petition as
to any of the real property to which adequate service is, or will be, available from
such municipality or county within a reasonable time and on a comparable basis. If a
petition is granted as to all or any of the real property therein described, the board
shall make an order to that effect and file the same with the clerk of the court, and
the court shall thereupon order the property to be included in the special district.
(II) A municipality or county which has filed a written objection to such
inclusion and which can provide adequate service to the real property described in
the petition within a reasonable time and on a comparable basis may bring an action
in the court, commenced within thirty days after entry of the order of the board, to
determine whether the action of the board granting the inclusion was arbitrary,
capricious, or unreasonable.
(2) (a) In addition to the procedure specified in subsection (1) of this section,
the boundaries of a special district may be altered by the inclusion of additional real
property by:
(I) Not less than twenty percent or two hundred, whichever number is
smaller, of the taxpaying electors of an area which contains twenty-five thousand
or more square feet of land filing a petition with the board in writing requesting that
such area be included within the special district; but no single tract or parcel of
property constituting more than fifty percent of the total area to be included may
be included in any special district without the consent of the owner thereof; the
petition shall set forth a legal and a general description of the area to be included
and shall be acknowledged in the same manner as required for conveyance of land;
or
(II) The board adopting a resolution proposing the inclusion of a specifically
described area; but no single tract or parcel of property constituting more than fifty
percent of the total area to be included may be included in any special district
without the consent of the owner thereof.
(b) The board shall hear the petition or resolution at a public meeting after
publication of notice of the filing of such petition or adoption of such resolution, the
place, time, and date of such meeting, the names and addresses of the petitioners,
if applicable, the description of the area proposed for inclusion, and notice that all
persons interested and a municipality or county which may be able to provide
service to the real property therein described shall appear at the time and place
stated and show cause in writing why the petition should not be granted or the
resolution not finally adopted. The board may continue such hearing to a
subsequent meeting. There shall be no withdrawal from a petition after publication
of notice by the board without the consent of the board. The failure of any person in
the existing special district to file a written objection shall be taken as an assent on
his part to the inclusion of the area described in the notice.
(c) The board shall grant or deny the petition or finally adopt the resolution,
in whole or in part, with or without conditions, and the action of the board shall be
final and conclusive, except as provided in paragraph (d) of this subsection (2). If a
municipality or county has filed a written objection to such inclusion, the board
shall not grant the petition as to any of the real property to which adequate service
is, or will be, available from such municipality or county within a reasonable time
and on a comparable basis.
(d) If the petition is granted or the resolution finally adopted, the board shall
make an order to that effect and file the same with the clerk of the court. A
municipality or county which has filed a written objection to the inclusion and which
can provide adequate service to the real property described in the petition within a
reasonable time and on a comparable basis may bring an action in the court,
commenced within thirty days after entry of the order of the board, to determine
whether the action of the board granting the inclusion was arbitrary, capricious, or
unreasonable. The court shall direct that the question of inclusion of the area within
the special district be submitted to the eligible electors of the area to be included
and shall order the secretary to give published notice, as provided in part 2 of
article 5 and article 13.5 of title 1, of the time and place of the election and of the
question to be submitted, together with a summary of any conditions attached to
the proposed inclusion. The election shall be held within the area sought to be
included and shall be held and conducted, and the results thereof determined, in
the manner provided in article 13.5 of title 1. The ballot shall be prepared by the
designated election official and shall contain the following words:
Shall the following described area become a part of the .................. district
upon the following conditions, if any?
(Insert description of area)
(Insert accurate summary of conditions)
For inclusion ........
Against inclusion ........
(e) If a majority of the votes cast at the election are in favor of inclusion and
the court determines the election was held in accordance with article 13.5 of title 1,
the court shall enter an order including any conditions so prescribed and making
the area a part of the special district. The validity of the inclusion may not be
questioned directly or indirectly in any suit, action, or proceeding, except as
provided in article 11 of title 1.
(f) Nothing in this part 4 shall permit the inclusion in a district of any
property which could not be included in the district at the time of its organization
without the written consent of the owners thereof, unless the owners of such
property shall consent in writing to the inclusion of such property in the district as
prayed for in said petition or unless such property is no longer excludable pursuant
to the provisions of section 32-1-307 (2).
(g) Nothing in this part 4 shall permit the inclusion in a special district of any
property if a petition objecting to the inclusion and signed by the owners of taxable
real and personal property, which property equals more than fifty percent of the
total valuation for assessment of all taxable real and personal property to be
included, is filed with the board no later than ten days prior to the public meeting
held under paragraph (b) of this subsection (2).
(3) Not more than thirty days nor less than twenty days prior to a meeting of
the board held pursuant to paragraph (b) of subsection (1) of this section or
paragraph (b) of subsection (2) of this section, the secretary of the special district
shall send letter notification of the meeting to the property owners within the area
proposed to be included within the special district as listed on the records of the
county assessor on the date requested unless the petitioners represent one
hundred percent of the property owners. The notification shall indicate that it is a
notice of a meeting for consideration of the inclusion of real property within a
special district and shall indicate the date, time, location, and purpose of the
meeting, a reference to the type of special district proposed for inclusion, the
maximum mill levy, if any, or stating that there is no maximum that may be imposed
if the proposed area is included within the special district, and procedures for the
filing of a petition for exclusion pursuant to section 32-1-203 (3.5). Except as
provided in this subsection (3), the mailing of the letter notification to all addresses
or post office box addresses within the area proposed to be included within the
special district shall constitute a good-faith effort to comply with this section, and
failure to notify all electors thereby shall not provide grounds for a challenge to the
meeting being held.
(4) Nothing in this part 4 shall be construed to permit the inclusion in a
special district of any real property located in a city and county unless the
governing body of such city and county has adopted a resolution of approval
authorizing such inclusion pursuant to section 32-1-204.5 or waives its right to
require such resolution in its sole discretion. Any resolution of approval so adopted
or waiver so given shall be appended to any petition filed pursuant to paragraph (a)
of subsection (1) of this section or subparagraph (I) of paragraph (a) of subsection
(2) of this section.