(1)In its discretion, the
public entity may file a petition prior to the issuance of securities under the
supplemental public securities act in the district court in any county in which the
public entity or a portion thereof is located for a judicial examination and
determination of any power conferred; any securities issued by the public entity or
authorized to be issued by the public entity; any taxes, assessments, fees, or
charges levied or otherwise made by the public entity or contracted to be levied by
the public entity or otherwise made by the public entity; or of any other act,
proceeding, or contract of the public entity whether or not such act, proceeding, or
contract has been taken or executed, including proposed contracts for any
improvement; proposed securities of t
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(1) In its discretion, the
public entity may file a petition prior to the issuance of securities under the
supplemental public securities act in the district court in any county in which the
public entity or a portion thereof is located for a judicial examination and
determination of any power conferred; any securities issued by the public entity or
authorized to be issued by the public entity; any taxes, assessments, fees, or
charges levied or otherwise made by the public entity or contracted to be levied by
the public entity or otherwise made by the public entity; or of any other act,
proceeding, or contract of the public entity whether or not such act, proceeding, or
contract has been taken or executed, including proposed contracts for any
improvement; proposed securities of the public entity to defray in whole or in part
the cost of the project or any refunding; the proposed acquisition, improvement,
equipment, maintenance, operation, or disposal of any property pertaining thereto;
or any combination thereof.
(2) A petition filed under subsection (1) of this section shall set forth the
facts upon which the validity of such power, security, tax, assessment, fee, charge,
act, proceeding, or contract is founded. The presiding officer of the public entity
shall verify the petition before it is filed with the public entity court by signing said
petition.
(3) Any action filed under this section shall be in the nature of a proceeding
in rem. The district court shall have jurisdiction over all parties interested in the
proceeding upon the publication and posting of a notice in accordance with this
section.
(4) The clerk of the district court in which a petition is filed shall provide
notice of such filing. The notice shall include a brief outline of the contents of the
petition; the time, date, and location of the hearing; and the location where a
complete copy of any documents at issue in the petition may be examined. The
clerk shall serve the notice by:
(a) Publishing the notice at least once a week for five consecutive weeks by
five weekly insertions in a newspaper of general circulation in the municipalities
and counties in which the public entity is located; and
(b) Posting the notice in the office of the public entity at least thirty days
prior to the date of the hearing on the petition.
(5) Any resident in the public entity or owner of real property within the
boundaries of the public entity may appear at the hearing by either filing a motion
to dismiss or an answer to the petition on or before the hearing date or within such
time as the court may allow. The petition shall be taken as confessed by all persons
who fail to appear.
(6) The petition and notice shall be sufficient to give the district court
jurisdiction, and, upon hearing, the district court shall examine and determine all
matters affecting the question submitted, shall make such findings with reference
thereto, and shall render such judgment and decree thereon as the case warrants.
(7) Unless otherwise specified in this section, the Colorado rules of civil
procedure shall govern any actions filed under this section in matters of pleading
and practice.
(8) Costs may be divided or apportioned among any contesting parties in the
discretion of the district court.
(9) Review of the judgment of the district court may be available as in other
similar cases; except that such review shall be applied for within thirty days after
the time of the rendition of such judgment or within such additional time as may be
allowed by the district court within thirty days.
(10) The district court shall disregard any error, irregularity, or omission that
does not affect the substantial rights of the parties.
(11) All cases in which there may arise a question of validity of any matter
provided for under this section shall be advanced as a matter of immediate public
interest and concern and shall be heard at the earliest practicable moment.
(12) Nothing in this section applies to any condemnation of property.