(1) The organization of a district shall be initiated by a petition filed in the office of the clerk of the governing body vested with jurisdiction. The petition shall be signed by not less than thirty percent or two hundred of the electors of the proposed district, whichever is less. After the filing of a petition, no signer shall be permitted to withdraw his or her name from the petition.
(2) The petition shall set forth:
The name of the proposed district, which shall include the name of the municipalitycreating the district, a descriptive name or number, and the words "general improvement district";
A general description of the improvements to be acquired, constructed, installed,operated, or maintained or the services to be provided within and for the district;
The estimated cost of the proposed improvements or the estimated annual cost ofproviding the proposed services;
A general description of the boundaries of the district or the territory to be includedtherein with such certainty as to enable a property owner to determine whether or not his or her property is within the district;
The names of three persons of the district who shall represent the petitioners and whohave the power to enter into agreements relating to the organization of the district, which agreements shall be binding on the district, if created; (f) A request for the organization of the district; and (g) A statement that either:
The boundaries of the proposed district include at least one hundred electors of thedistrict;
The boundaries of the proposed district include at least one elector of the district foreach five acres of land included within the proposed district; or
The petition is signed by one hundred percent of the owners of taxable real propertyto be included in the proposed district.
(3) No petition with the requisite signatures shall be declared void on account of alleged defects. The governing body, at any time, may permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory or in any other particular. Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and together shall be regarded as one petition. All such petitions filed prior to the hearing on the first petition filed shall be considered by the governing body the same as though included with the first petition placed on file.
Source: L. 75: Entire title R&RE, p. 1202, § 1, effective July 1. L. 84: (2)(b) amended, p. 840, § 4, effective March 29. L. 99: (1) and (2) amended, p. 519, § 20, effective April 30. L. 2002: (2)(e) amended, p. 277, § 19, effective August 7.
Editor's note: This section is similar to former § 31-25-604 as it existed prior to 1975.