§ 63-80. Procedure for creation of districts; concurrent resolutions; notice and public hearing; submission of question to voters; publication of notice; actions to set aside proceedings.
§63‑80. Procedure for creation of districts; concurrent resolutions;notice and public hearing; submission of question to voters; publication ofnotice; actions to set aside proceedings.
(a) Any unit of localgovernment in this State and any one or more other units of local government inthis State may, by concurrent resolutions adopted by the governing body of eachsuch unit, create special airport districts under the provisions of thisArticle which shall be public bodies corporate and politic and politicalsubdivisions of the State. The district shall comprise the territory of theparticipating units. The district shall be designated "Special AirportDistrict of ______________________" and shall be of such duration as theparticipating units shall determine.
(b) Prior to theadoption of any resolutions creating a special airport district, there shall beheld a joint public hearing convened by the governing bodies of each of theparticipating units of government concerning the creation of the proposed specialairport district. The presiding officers of the governing body of the unitsproposing to create such district shall name a time and place within theproposed district at which the public hearing shall be held. The presidingofficers shall give prior notice of such hearing at the courthouse of thecounty or counties within which the district lies and also by publication atleast once a week for two successive weeks in a newspaper having generalcirculation in the proposed district, the first publication to be at least 30days prior to such hearing. In the event all matters pertaining to the creationof such special airport district cannot be concluded at such hearing, suchhearing may be continued to a time and place within the proposed district determinedby the governing body of each of the respective units of local government.
(c) Following the jointpublic hearing but prior to the adoption by a unit of local government of anyresolution creating a special airport district, the governing body of such unitmay submit the question of the unit's participation in a special airportdistrict to the qualified voters of such unit. The form of the question asstated on the ballot shall be in substantially the following words:
"Shall the governing bodyof _______________________ approve ______________'s participation in theproposed _____________________ special airport district?
[ ] YES [] NO"
If a majority of the qualifiedvoters of the unit who vote thereon approve such participation, the governingbody of such unit may adopt a resolution creating the particular specialairport district. The election shall be conducted and the results thereofcertified, declared and published in the same manner as bond elections withinthe unit.
(d) Following theadoption of the resolutions creating the district by the governing body of eachparticipating unit, the presiding officer of each such governing body shallcause to be published a single time in a newspaper circulating within the unita notice in substantially the following form:
Thegoverning body of _______________________ and the governing body of__________________ passed resolutions on ___________, __________, and on____________, ______________, respectively, creating the Special AirportDistrict of ____________. Notice of the creation of such special airportdistrict is hereby given on the date hereof. Any action or proceedingquestioning the validity of the resolutions or the creation of the specialairport district must be commenced within 30 days after the publication of thisnotice.
__________________________________________
PresidingOfficer
(e) Any action orproceeding in any court to set aside the resolutions or the creation of aspecial airport district, or to obtain any other relief upon the ground thatsuch resolutions or any proceeding or action taken with respect to the creationof such district is invalid, must be commenced within 60 days after thepublication of the foregoing notice. After the expiration of such period oflimitation, no right of action or defense founded upon the invalidity of theresolutions or the creation of the special airport district shall be assertednor shall the validity of the resolutions or the creation of such airportdistrict be open to question in any court upon any ground whatever, except inan action or proceeding commenced within such period. (1979,c. 689, s. 3; 1999‑456, s. 59.)