reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 1 - GENERAL PROVISIONS (§§ 32-1-101 — 32-1-113) › Section 32-1-111 - Validation of special districts - bonds

The organization pursuant to law of any special district, by decree of a court of competent jurisdiction entered prior to July 1, 1981, and the obligations incurred by and the bonds of such districts issued prior to July 1, 1981, and the proceedings related thereto, are hereby validated.
L. 81: Entire article R&RE, p. 1547, § 1, effective July 1.
The provisions of this section are similar to provisions of several former sections as they existed prior to 1981.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 1 - GENERAL PROVISIONS (§§ 32-1-101 — 32-1-113) › Section 32-1-112 - Validation of boundaries of metropolitan districts

All changes or purported changes to the corporate boundaries of existing metropolitan districts, which changes were initiated prior to March 1, 1981, and are completed prior to July 1, 1981, are hereby validated notwithstanding any lack of power or authority, other than constitutional. Such boundary changes shall be the valid boundaries of the respective districts in accordance with their terms and authorization proceedings. This section shall not operate to validate any boundary change which was determined in any legal proceedings to be illegal, void, or ineffective prior to March 1, 1981, or any boundary change the validity of which is the subject of a legal proceeding instituted prior to March 1, 1981.
L. 81: Entire article R&RE, p. 1547, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 1 - GENERAL PROVISIONS (§§ 32-1-101 — 32-1-113) › Section 32-1-113 - Liberal construction

This article, being necessary to secure the public health, safety, convenience, and welfare, shall be liberally construed to effect its purposes.
L. 81: Entire article R&RE, p. 1547, § 1, effective July 1.
This section is similar to former §§ 32-1-111 and 32-4-130 as they existed prior to 1981.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 2 - CONTROL ACT (§§ 32-1-201 — 32-1-209) › Section 32-1-201 - Applicability

This part 2 shall be applicable to any petition for the organization of any proposed special district filed in any district court of competent jurisdiction, except where a petition for the organization of a special district confined exclusively within the boundaries of any existing municipality has been approved by a resolution of the governing body of the municipality.
L. 81: Entire article R&RE, p. 1547, § 1, effective July 1.
This section is similar to former § 32-1-203 as it existed prior to 1981.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 2 - CONTROL ACT (§§ 32-1-201 — 32-1-209) › Section 32-1-204.5 - Approval by municipality

(1)
No special district shall be organized if its boundaries are wholly contained within the boundaries of a municipality or municipalities, except upon adoption of a resolution of approval by the governing body of each municipality. The information required and criteria applicable to such approval shall be the information required and criteria set forth in sections
32-1-202 (2)
and
32-1-203 (2)
. With reference to the review of any service plan, the governing body of each municipality has the following authority:
(a)
To approve without condition or modification, the service plan submitted;
(b)
To disapprove the service plan submitted;
(c)
To conditionally approve the service plan subject to the submission of additional information relating to, or the modification of, the proposed service plan or by agreement with the proponents of the proposed service plan.
(2)
In the case of a proposed health service district, submission to the governing body of the municipality of a license or certificate of compliance or evidence of a pending application for a license or certificate of compliance issued by the department of public health and environment shall constitute compliance with the requirements of sections
32-1-202 (2)
and
32-1-203 (2)
and (2.5) as required by subsection (1) of this section.
(3)
In the case of a proposed metropolitan district that submits a service plan to the governing body of a municipality or municipalities pursuant to this section on or after January 1, 2024, the service plan must contain the following:
(a)
The maximum mill levy that may be imposed for the payment of general obligation indebtedness, as determined by the governing body of each municipality that is approving the service plan; and
(b)
The maximum debt that may be issued by the district, as determined by the governing body of each municipality that is approving the service plan.
Amended by 2023 Ch. 52, § 2, eff. 8/7/2023.
L. 85: Entire section added, p. 1101, § 6, effective May 3. L. 94: (2) amended, p. 2802, § 568, effective July 1. L. 96: (2) amended, p. 473, § 10, effective July 1.
2023 Ch. 52, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 2 - CONTROL ACT (§§ 32-1-201 — 32-1-209) › Section 32-1-204.7 - Approval by an annexing municipality

(1)
If a special district that was originally approved by a board of county commissioners becomes wholly contained within the boundaries of a municipality or municipalities by annexation or boundary adjustment, the governing body of the special district may petition the governing body of any such municipality to accept a designation as the approving authority for the special district. The municipality may accept the designation through the adoption of a resolution of approval by the governing body of the municipality.
(2)
Upon the adoption of the resolution by the governing body of any municipality pursuant to subsection (1) of this section, all powers and authorities vested in the board of county commissioners pursuant to this article shall be transferred to the governing body of the municipality, which shall constitute the approving authority for the special district for all purposes under this article.
L. 2003: Entire section added, p. 1315, § 2, effective August 6.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 2 - CONTROL ACT (§§ 32-1-201 — 32-1-209) › Section 32-1-205 - Resolution of approval required

(1)
A petition for the organization of a special district filed in any district court of competent jurisdiction pursuant to the provisions of section
32-1-301
shall be accompanied by a resolution approving the service plan of the proposed special district by the board of county commissioners of each county where the territory of the proposed special district lies or, where required pursuant to section
32-1-204.5
, by a resolution of approval by the governing body of each municipality. If the boundaries of a proposed special district include territory within two or more counties, a resolution approving the service plan for such special district shall be required from the board of county commissioners of each county which has territory included in the proposed special district; but the board of county commissioners of each of the respective counties, in their discretion, may hold a joint hearing on the proposed special district in accordance with section
32-1-204
.
(2)
Except as provided in section
32-1-206
, no petition for the organization of a special district shall be considered by any court in this state without the resolution of approval and the service plan required by this part 2. The approved service plan and the resolution of approval required by this part 2 shall be incorporated by reference in and appended to the order establishing the special district after all other legal procedures for the organization of the proposed special district have been complied with.
L. 81: Entire article R&RE, p. 1550, § 1, effective July 1. L. 85: (1) amended, p. 1101, § 7, effective May 3. L. 91: (1) amended, p. 783, § 5, effective June 4.
This section is similar to former §§ 32-1-206 and 32-1-209 (1) as they existed prior to 1981.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 2 - CONTROL ACT (§§ 32-1-201 — 32-1-209) › Section 32-1-206 - Judicial review

(1)
If the petitioners for the organization of a proposed special district fail to secure such resolution of approval in the first instance or on remand from any board of county commissioners or, where required pursuant to section
32-1-204.5
, from the governing body of any municipality, the petitioners may request the court to review such action. If the court determines such action to be arbitrary, capricious, or unreasonable, the court shall remand the matter back to the board of county commissioners or to the governing board of the municipality for further action with specific direction as necessary to avoid the arbitrary, capricious, or unreasonable result. Another public hearing shall be held with notice to interested parties as defined in section
32-1-204(1)
.
(2)
If the service plan is approved by the board of county commissioners, any interested party as defined in section
32-1-204(1)
, if such party had appeared and presented its objections before the board of county commissioners, shall be given notice and have the right to appear and be heard at the hearing on the court petition for the organization of the special district, and the court may dismiss the court petition upon a determination that the decision of the board of county commissioners was arbitrary, capricious, or unreasonable.
L. 81: Entire article R&RE, p. 1550, § 1, effective July 1. L. 91: (1) amended, p. 783, § 6, effective June 4.
This section is similar to former § 32-1-209 (1) as it existed prior to 1981.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 2 - CONTROL ACT (§§ 32-1-201 — 32-1-209) › Section 32-1-208 - Statement of purposes - districts without service plans

(1)
On or before July 1, 1986, any special district which does not have a service plan approved pursuant to this part 2 shall file a statement of purposes in the form set forth in subsection (2) of this section with the board of county commissioners of each county and governing body of each municipality which has territory included within the boundaries of the special district and with the division. The statement of purposes shall be accepted by such board of county commissioners and by such governing body of each municipality without any requirement for hearing thereon. The following documents shall be deemed to be the statement of purposes required by this section for any special district which does not have a service plan approved pursuant to this part 2 because it was at the time of organization confined exclusively within the boundaries of a municipality, and no new statement of purposes need be filed by the special district except as required by subsection (3) of this section:
(a)
The petition for organization;
(b)
The resolution or ordinance of the governing body of the municipality approving the special district;
(c)
Any agreements between the municipality and the district; and
(d)
Any plans filed with the municipality describing the services to be provided by the special district.
(2)
The statement of purposes required under this section shall describe the purposes for which the special district was organized, the services and facilities provided or to be provided by the special district, and the areas served or to be served by the special district.
(3)
Any statement of purposes filed by a special district pursuant to this section shall be subject to the requirements of and may be modified in the manner provided in section
32-1-207
. The board shall notify the board of county commissioners or the governing body of any municipality in which the special district is wholly or partially located of any proposed increase in the indebtedness of the district.
(4)
The provisions of this section shall not apply to health service districts.
L. 85: Entire section added, p. 1103, § 10, effective May 3. L. 91: (3) amended, p. 786, § 8, effective June 4. L. 96: (4) amended, p. 474, § 12, effective July 1.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 2 - CONTROL ACT (§§ 32-1-201 — 32-1-209) › Section 32-1-209 - Submission of information

If a special district fails either to file a special district annual report pursuant to section
32-1-207(3)(c)
or to provide any information required to be submitted pursuant to section
32-1-104(2)
within nine months of the date of the request for such information, the board of county commissioners of any county or the governing body of any municipality in which the special district is located, after notice to the affected special district, may notify any county treasurer holding moneys of the special district and authorize the county treasurer to prohibit release of any such moneys until the special district complies with such requirements.
L. 91: Entire section added, p. 786, § 9, effective June 4.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 3 - ORGANIZATION (§§ 32-1-301 — 32-1-308) › Section 32-1-302 - Bond of petitioners

At the time of filing the petition or at any time subsequent thereto, and prior to the time of hearing on said petition, a bond shall be filed, with security approved by the court, or a cash deposit made sufficient to pay all expenses connected with the proceedings in case the organization of the special district is not effected. If at any time during the proceeding the court is satisfied that the bond first executed or the amount of cash deposited is insufficient in amount, it may require the execution of an additional bond or the deposit of additional cash within a time to be fixed, not less than ten days distant, and upon failure of the petitioner to execute or deposit the same, the petition shall be dismissed.
L. 81: Entire article R&RE, p. 1552, § 1, effective July 1.
The provisions of this section are similar to provisions of several former sections as they existed prior to 1981.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 3 - ORGANIZATION (§§ 32-1-301 — 32-1-308) › Section 32-1-303 - Court jurisdiction - transfer of file - judge not disqualified

(1)
(a)
The district court sitting in or for any county in this state is vested with the jurisdiction to organize special districts which may be entirely within or partly within and partly without the judicial district in which said court is located. The court in and for the county in which the petition for the organization of a special district has been filed, for all purposes of this part 3 except as otherwise provided, shall thereafter maintain and have original and exclusive jurisdiction, coextensive with the boundaries of the special district and of the property proposed to be included in said special district or affected by said special district, without regard to the usual limits of its jurisdiction.
(b)
If any special district by any reason whatsoever subsequently becomes situated entirely without a judicial district, the court on its motion or upon motion of the board shall transfer the entire file pertaining to the special district to the district court of the judicial district in which the major portion of the special district is then located, and said district court then shall have full jurisdiction over the special district in accordance with this article as if the proceedings had originally been filed there.
(2)
No judge of the court wherein such petition is filed shall be disqualified to perform any duty imposed by this part 3 by reason of ownership of property within any proposed special district.
L. 81: Entire article R&RE, p. 1552, § 1, effective July 1.
The provisions of this section are similar to provisions of several former sections as they existed prior to 1981.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 3 - ORGANIZATION (§§ 32-1-301 — 32-1-308) › Section 32-1-304 - Notice of court hearing

Except as otherwise provided in section
32-1-304.5
, immediately after the filing of a petition, the court wherein the petition is filed, by order, shall fix a place and time, not less than twenty-one days nor more than forty-two days after the petition is filed, for hearing thereon. The clerk of the court shall cause notice by publication to be made of the pendency of the petition, the purposes and boundaries of the special district, and the time and place of hearing thereon. The clerk of the court shall also forthwith cause a copy of the notice to be sent by United States first-class mail or by electronic service using the e-filing system of the judicial department to the board of county commissioners of each of the several counties and to each party entitled to notice pursuant to section
32-1-206(2)
. The notice must include a general description of the land contained within the boundaries of the proposed special district and information explaining methods and procedures for the filing of a petition for exclusion of territory pursuant to section
32-1-305(3)
.
Amended by 2017 Ch. 66,§ 1, eff. 9/1/2017.
L. 81: Entire article R&RE, p. 1553, § 1, effective July 1. L. 91: Entire section amended, p. 786, § 11, effective June 4. L. 2007: Entire section amended, p. 1189, § 7, effective July 1. L. 2017: Entire section amended, (HB 17-1142), ch. 66, p. 208, § 1, effective September 1.
The provisions of this section are similar to provisions of several former sections as they existed prior to 1981.
For requirements for notice by publication, see part 1 of article 70 of title 24.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 3 - ORGANIZATION (§§ 32-1-301 — 32-1-308) › Section 32-1-304.5 - Court hearing not required - health service district - health assurance district

(1)
If the petition for organization filed with the court pursuant to section
32-1-301
is for a health service district or health assurance district, the court shall not hold a hearing or provide notice pursuant to section
32-1-304
. In lieu of holding a hearing, the court shall review the petition for a health service district or health assurance district and the additional information submitted to the court pursuant to section
32-1-301
. In addition, the court shall review the findings of the board of county commissioners pursuant to section
32-1-205
or the findings of the court pursuant to section
32-1-206
, as applicable.
(2)
The court shall complete the review of information required pursuant to subsection (1) of this section within thirty calendar days of receipt of the petition for a health service district or health assurance district. Within such period, the court shall determine whether the persons proposing the petition have complied with all of the statutory requirements for proposing a special district and that the required number of taxpaying electors of the proposed special district have signed the petition.
(3)
If the court finds that the petition has not been signed and presented in conformity with this part 3, the court shall either dismiss said proceedings and adjudge the costs against the signers of the petition in the proportion it deems just and equitable or allow the petitioners an opportunity to correct any technical defects in the petition and refile the petition with the court. No appeal or other remedy shall lie from an order dismissing said proceedings. Nothing in this subsection (3) shall be construed to prevent the filing of a subsequent petition for similar improvements or for a similar special district, and the right to renew such proceedings is hereby expressly granted and authorized.
(4)
The court shall not accept or act upon petitions filed by an owner of any real property within a proposed health service district or health assurance district stating reasons why the property should not be included therein and requesting that the property be excluded therefrom.
(5)
If the court concludes that a petition for the organization of a health service district or health assurance district has been signed and presented in conformity with this part 3 and that the allegations of the petition are true, the court, by order duly entered of record, shall direct that the question of the organization of the special district be submitted at an election to be held for that purpose in accordance with the provisions of articles
1
to
13
of title
1
, C.R.S. In such event, the provisions of section
32-1-305(5), (6), and (7)
shall apply to the election.
L. 2007: Entire section added, p. 1189, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 3 - ORGANIZATION (§§ 32-1-301 — 32-1-308) › Section 32-1-305.5 - Organizational election - new special district - first directors

(1)
In the order authorizing the election, the court shall name either the clerk and recorder of the county in which the district is to be or another eligible elector of the state as the designated election official responsible for the conducting of the election.
(2)
At the election, the eligible electors shall vote for or against the organization of the special district and for the members of the board who will serve if the special district is organized. The terms of office of the first directors shall be as follows:
(a)
In the case of a five-member board, two directors shall serve until they or their successors are elected and qualified at the next regular special district election occurring in any year following that in which the special district was organized, and three shall serve until they or their successors are elected and qualified at the second regular special district election after organization.
(b)
In the case of a seven-member board, three directors shall serve until they or their successors are elected and qualified at the next regular special district election occurring in any year following that in which the special district was organized, and four shall serve until they or their successors are elected and qualified at the second regular special district election after organization.
(3)
(a)
Except as provided in subsection (3)(b) of this section, the basic term of office for directors, after the original terms provided in subsection (2) of this section, is four years.
(b)
The terms of office of the directors elected in the regular special district elections held in 2020 and 2022 are for three years.
(4)
A nomination for director to serve for either term may be made by self-nomination and acceptance form or letter, as provided in section
1-13.5-303
, C.R.S., with the time and manner of filing such form or letter as directed in the order of the district court authorizing the election.
(5)
If, after the results of the election are certified, the court finds that a majority of the votes cast at the election are in favor of organization, the court shall proceed with the order establishing the special district and shall issue certificates of election for the directors elected.
Amended by 2018 Ch. 274, § 90, eff. 5/29/2018.
Amended by 2018 Ch. 29, § 4, eff. 8/8/2018.
Amended by 2014 Ch. 2, § 30, eff. 2/18/2014.
L. 92: Entire section added, p. 876, § 109, effective 1/1/1993. L. 99: (4) amended, p. 448, § 1, effective August 4. L. 2014: (1) and (4) amended, (HB 14-1164), ch. 2, p. 70, § 30, effective February 18. L. 2018: (3) amended, (HB 18-1039), ch. 29, p. 331, § 4, effective August 8.
For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 3 - ORGANIZATION (§§ 32-1-301 — 32-1-308) › Section 32-1-306 - Filing decree

Within thirty days after the special district has been declared organized by the court, the special district shall transmit to the county clerk and recorder in each of the counties in which the special district or a part thereof extends certified copies of the findings and the order of the court organizing said special district. The same shall be recorded by the county clerk and recorder in each county as provided in section
32-1-105
. A copy of the approved service plan of the district shall be delivered to each such county clerk and recorder, who shall retain the service plan as a public record for public inspection. In addition, a copy of the service plan, together with a copy of the court's findings and order, shall be filed with the division as provided in section
32-1-105
, and a map of the special district shall be filed with the county assessor in each county in which the special district or a part thereof extends and with the division according to the standards of the division. On or before January 1, 2010, a special district shall file a current, accurate map of its boundaries with the county clerk and recorder in each of the counties in which the special district or a part thereof extends. A special district shall maintain a current, accurate map of its boundaries and shall provide for such map to be on file with the county assessor, the clerk and recorder, and the division on or before January 1 of each year.
L. 81: Entire article R&RE, p. 1554, § 1, effective July 1. L. 85: Entire section amended, p. 1020, § 6, effective July 1. L. 2009: Entire section amended, (SB 09-087), ch. 325, p. 1732, §3, effective September 1.
The provisions of this section are similar to provisions of several former sections as they existed prior to 1981.
For provisions concerning public records, see article 72 of title 24.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 3 - ORGANIZATION (§§ 32-1-301 — 32-1-308) › Section 32-1-307 - Park and recreation districts - metropolitan districts providing parks and recreational facilities or programs - exclusion proviso

(1)
Any provision of this part 3 to the contrary notwithstanding, no tract of land of forty acres or more used primarily and zoned for agricultural uses shall be included in any park and recreation district or in any metropolitan district providing parks or recreational facilities and programs organized under this part 3 without the written consent of the owners thereof. No personal property which is situated upon real estate not included in such district shall be included within any park and recreation or metropolitan district. If, contrary to the provisions of this section, any such tract, parcel, or personal property is included in any park and recreation or metropolitan district, the owners thereof, on petition to the court, shall be entitled to have such property excluded from such district free and clear of any contract, obligation, lien, or charge to which it may be liable as a part of such district.
(2)
If the use or zoning of any tract of land of forty acres or more lying within the boundaries of any park and recreation district or any metropolitan district providing parks or recreational facilities and programs organized under the provisions of this part 3 has been or is changed from agricultural use or zoning to any other use or zoning designation, such lands and the personal property thereon shall no longer be excluded from said district and shall be subject to all obligations, liens, or charges of such district on and after January 1 of the year following such change in use or zoning.
(3)
When there is a change of use or zoning to any other use or zoning designation and the assessor of the county in which such lands are located is notified of a change, he shall give notification of such change to the secretary of the district. The district shall mail a notice of such action to the owner of the property at the address shown for such owner in the records of the county assessor's office.
(4)
The district shall petition the appropriate district court for an order including the subject lands within the district, and the court, upon examining the proof of change of such use or zoning and finding that it complies with this section, shall enter an order including said lands within the district. The district shall have a certified copy of said order recorded by the county clerk and recorder and shall file a copy with the county assessor.
Amended by 2017 Ch. 73,§ 1, eff. 8/9/2017.
L. 81: Entire article R&RE, p. 1554, § 1, effective July 1. L. 2017: (1) and (2) amended, (HB 17-1065), ch. 73, p. 231, § 1, effective August 9.
This section is similar to former § 32-2-108 as it existed prior to 1981.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 3 - ORGANIZATION (§§ 32-1-301 — 32-1-308) › Section 32-1-308 - Applicability of article to existing districts and validation - districts being organized

(1)
The provisions of this article which become effective July 1, 1981, shall apply to all special districts existing on June 30, 1981, or organized thereafter; except that any such existing district need not obtain a name change to conform to this article and that any district may continue to operate for the purpose or purposes for which it was organized.
(2)
Any proceedings for the organization of a special district which were commenced prior to July 1, 1981, may continue pursuant to the laws in effect at the time such organization was commenced until the district court has declared the district organized. Thereafter, the special district shall be subject to the provisions of this article. Any such organizational proceedings which are dismissed by the board of county commissioners or by the district court and which are recommenced after July 1, 1981, shall be governed by the provisions of this article.
L. 81: Entire article R&RE, p. 1555, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 4 - INCLUSION OF TERRITORY (§§ 32-1-401 — 32-1-402) › Section 32-1-401.5 - Fire protection districts - inclusion of personalty

(1)
An owner of taxable personal property, situate on real property excluded from a fire protection district, capable of being served with facilities of the special district may file with the board a petition in writing requesting that such property be included in the special district. The petition shall set forth an accurate description of the taxable personal property owned by the petitioner to be included and shall state that assent to the inclusion of such property in the special district is given by the signer, being the owner of such property. The petition shall be acknowledged in the same manner as required for conveyance of land.
(2)
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 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 consideration by the board, nor shall further objections be filed except in case of fraud or misrepresentation.
(3)
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. If the petition is granted as to all or any of the 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.
L. 82: Entire section added, p. 493, § 1, effective March 17.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 4 - INCLUSION OF TERRITORY (§§ 32-1-401 — 32-1-402) › Section 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.
L. 81: Entire article R&RE, p. 1558, § 1, effective July 1.
The provisions of this section are similar to provisions of several former sections as they existed prior to 1981.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 5 - EXCLUSION OF TERRITORY (§§ 32-1-501 — 32-1-503) › Section 32-1-503 - Effect of exclusion order

(1)
Territory excluded from a special district pursuant to the provisions of this part 5 shall not be subject to any property tax levied by the board for the operating costs of the special district. For the purpose of retiring the special district's outstanding indebtedness and the interest thereon existing at the effective date of the exclusion order, the special district shall remain intact, and the excluded territory shall be obligated to the same extent as all other property within the special district but only for that proportion of such outstanding indebtedness and the interest thereon existing immediately prior to the effective date of the exclusion order. The board shall levy annually a property tax on all such excluded and remaining property sufficient, together with other funds and revenues of the special district, to pay such outstanding indebtedness and the interest thereon. The board is also empowered to establish, maintain, enforce, and, from time to time, modify such service charges, tap fees, and other rates, fees, tolls, and charges, upon residents or users in the area of the special district as it existed prior to the exclusion, as may in the discretion of the board be necessary to supplement the proceeds of said tax levies in the payment of the outstanding indebtedness and the interest thereon. In no event shall excluded territory of a special district become obligated for the payment of any bonded indebtedness created after the date of the court's exclusion order.
(2)
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.
(3)
Notice of the court order of any exclusion accomplished pursuant to this part 5 shall be given in accordance with the provisions of section
32-1-105
.
L. 81: Entire article R&RE, p. 1562, § 1, effective July 1.
This section is similar to former § 32-1-308 as it existed prior to 1981.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 6 - CONSOLIDATION (§§ 32-1-601 — 32-1-608) › Section 32-1-601 - Definitions

As used in this part 6, unless the context otherwise requires:
(1)
"Concurring resolution" means a resolution passed in accordance with this part 6 by the board of any special district for the purpose of accepting the consolidation resolution.
(2)
"Consolidated district" means a quasi-municipal corporation of this state resulting from the consolidation of two or more special districts; or resulting from the consolidation of one or more of the services of two or more special districts, one of which is not a metropolitan district, which consolidation of services may include the consolidation of all services of a special district with only specified services of one or more special districts; or resulting from the consolidation of one or more of the services of two or more metropolitan districts and may include the consolidation of all services of a metropolitan district with only specified services of another metropolitan district. If a district which provides a single service or water and sanitation services consolidates its service or services with another single service district, no new separate district may be formed.
(3)
"Consolidation resolution" means a resolution passed in accordance with this part 6 by a board of any special district for the purpose of initiating the consolidation of two or more such special districts into a single and consolidated district, the consolidation of one or more of the services of two or more special districts, one of which is not a metropolitan district, or the consolidation of one or more of the services of two or more metropolitan districts.
L. 81: Entire article R&RE, p. 1563, § 1, effective July 1. L. 85: (2) and (3) amended, p. 1111, § 1, effective July 1.
This section is similar to former § 32-1-112 (2) to (4) as it existed prior to 1981.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 6 - CONSOLIDATION (§§ 32-1-601 — 32-1-608) › Section 32-1-602.5 - Consolidation and review by administrative action

Whenever the division finds, upon its own investigation or upon the receipt of information from any source, that the consolidation, restructuring of services, or other changes in the operations of one or more special districts would be in the best interests of the residents of the special districts or will improve the quality of services or lower the costs of services, the division may review the operations and performance of such special districts and issue recommendations. The division may require one or more special district boards to hold a public meeting to discuss the operations and performance of such special districts. If such public meeting involves two special district boards and both boards agree that consolidation is appropriate, they shall commence consolidation procedures pursuant to section
32-1-602
. If the public meeting involves three or more special district boards, a majority of such boards must approve consolidation before consolidation procedures are commenced.
L. 91: Entire section added, p. 787, § 13, effective June 4.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 6 - CONSOLIDATION (§§ 32-1-601 — 32-1-608) › Section 32-1-604 - Advisory board members

The members of the organizational board of the consolidated district not selected to act as the members of the first board of the consolidated district may act, however, as advisory members to the first board until such time as the terms of office for which they were originally elected would have expired. Advisory members may be compensated equally with compensation paid to the board of the consolidated district for each meeting attended. Advisory board members may not act as officers of nor bind the consolidated district and shall have no vote on any matters before the board of the consolidated district, but they may be employed by the board of the consolidated district in any capacity.
L. 81: Entire article R&RE, p. 1566, § 1, effective July 1.
This section is similar to former § 32-1-115 as it existed prior to 1981.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 6 - CONSOLIDATION (§§ 32-1-601 — 32-1-608) › Section 32-1-605 - Special election provisions for consolidated districts

(1)
The first election of the consolidated district shall be the next regular special district election. Except as otherwise provided in this part 6, nominations and elections for the consolidated district shall be governed by articles
4
and
13.5
of title
1
, C.R.S.
(2)
(a)
For those consolidated districts having seven directors on the board, beginning with the first regular special district election and continuing with each regular special district election thereafter, members of the consolidated board shall be eligible electors of the director district which they represent. Nominations for a director shall be signed by eligible electors from the director district which the director to be elected is to represent.
(b)
After the first regular special district election of directors to the board in such consolidated districts, the board of the consolidated district, at least ninety days prior to any subsequent regular special district election, shall determine the boundaries of each director district pursuant to section
32-1-603 (2)
and shall not make any change until after the regular special district election has been held. Upon making any change in the boundaries of any director district, the board, within ninety days prior to a regular special district election, shall file a resolution changing the boundaries with the clerk of the court having jurisdiction and shall give notice by one publication within the consolidated district.
Amended by 2016 Ch. 210, § 86, eff. 6/6/2016.
L. 81: Entire article R&RE, p. 1566, § 1, effective July 1. L. 85: (1)(b) amended, p. 1084, § 4, effective 7/1/1986. L. 92: Entire section amended, p. 880, § 114, effective 1/1/1993. L. 2016: (1) amended, (SB 16-189), ch. 210, p. 787, § 86, effective June 6.
(1) This section is similar to former § 32-1-116 as it existed prior to 1981.
(2) Changes were made in numbering in 1994 to conform to C.R.S. format.