§ 24-90-507 — Hearing - resolution - when action barred

(1) On the date fixed
for the hearing described in section 24-90-506 or at any adjournment of the
hearing, the governing body shall ascertain, from the tax rolls of any county in
which the library district is located, the total valuation for assessment of the
taxable property located within the proposed library capital facilities area.

(2) Upon the conclusion of the hearing required by section 24-90-506, if it
appears that the library capital facilities specified in the preliminary resolution
pursuant to section 24-90-505 (2)(c) are of the type and kind of library capital
facilities that satisfy the purposes of this part 5, the governing body:

(a) Shall by adoption of a resolution:

(I) Adjudicate all questions of jurisdiction;

(II) Designate the boundaries of the facilities district pursuant to section 24-90-505 (2)(b);

(III) Affix a name to the facilities district that shall be the name as is
specified in the preliminary resolution pursuant to section 24-90-505 (2)(a) and by
which, in all subsequent proceedings, the facilities district shall thereafter be
known; and

(IV) Specify that the facilities district shall have the power to levy ad valorem
taxes in accordance with the requirements of section 24-90-511.

(b) May order that the question of the organization of the facilities district
and other matters as the governing body deems appropriate, including, without
limitation, the issuance of bonds or other matters for which voter approval is
required under section 20 of article X of the state constitution, be submitted to the
registered electors residing within the boundaries of the proposed facilities district
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. Unless otherwise provided in section 20 of article X
of the state constitution, such election may be held in conjunction with a general
election or on the election held on the first Tuesday in November of odd-numbered
years.

(3) At an election held under paragraph (b) of subsection (2) of this section,
the registered electors residing within the boundaries of the proposed facilities
district shall vote for or against the organization of such district and such other
matters as the governing body may deem appropriate, including, without limitation,
the issuance of bonds of the library district or facilities district or other matters for
which voter approval is required under section 20 of article X of the state
constitution. If, upon canvassing the vote, it appears that a majority of the
registered electors voting at such election vote in favor of the organization of the
facilities district, the governing body shall adopt a resolution declaring the facilities
district organized.

(4) If a resolution is adopted establishing the facilities district in accordance
with the requirements of subsection (3) of this section, the resolution shall finally
and conclusively establish the regular organization of the facilities district against
all persons unless an action, including an action for certiorari review, attacking the
validity of the facilities district is commenced in a court of competent jurisdiction
within thirty days after the adoption of the resolution. Thereafter, any such action
shall be perpetually barred. The organization of the facilities district shall not be
directly or collaterally questioned in any suit, action, or proceeding.

Legislative History

Source: L. 2003: Entire part added, p. 2469, � 29, effective August 15.