§ 32-1-402 — Effect of inclusion order

(1) The following shall be applicable to
any proceeding for inclusion accomplished pursuant to this part 4:

(a) Nothing in this part 4 shall affect the validity of any area or property
included or excluded from a special district by virtue of prior laws.

(b) After the date of its inclusion in a special district, such property shall be
subject to all of the taxes and charges imposed by the special district and shall be
liable for its proportionate share of existing bonded indebtedness of the special
district; but it shall not be liable for any taxes or charges levied or assessed prior to
its inclusion in the special district, nor shall its entry into the special district be
made subject to or contingent upon the payment or assumption of any tax, rate, fee,
toll, or charge, other than the taxes, rates, fees, tolls, and charges which are
uniformly made, assessed, or levied for the entire special district, without the prior
consent of the fee owners or approval of the electors of the area to be included.

(c) In any special district, the included property shall be liable for its
proportionate share of annual operation and maintenance charges and the cost of
facilities of the special district and taxes, rates, fees, tolls, or charges shall be
certified and levied or assessed therefor. Nothing in this section shall prevent an
agreement between a board and the owners of property sought to be included in a
special district with respect to the fees, charges, terms, and conditions on which
such property may be included.

(d) The change of boundaries of the special district shall not impair nor
affect its organization, nor shall it affect, impair, or discharge any contract,
obligation, lien, or charge on which it might be liable or chargeable had such
change of boundaries not been made.

(e) The court order of any inclusion of territory accomplished pursuant to this
part 4 shall be filed in accordance with the provisions of section 32-1-105.

(f) The special district's facility and service standards which are applied
within the included area shall be compatible with the facility and service standards
of adjacent municipalities.

Legislative History

Source: L. 81: Entire article R&RE, p. 1558, � 1, effective July 1.