§ 29-25-114 — Confirmation of contract proceedings

Colorado § 29-25-114

• Jurisdiction: Colorado
• Title 29: Government
• Art.: Local Marketing Districts

Text

(1) In its discretion, the
board may file a petition at any time in the district court in and for any county in
which the district is located praying for a judicial examination and determination of
any power conferred, or of any taxes or service charges levied or otherwise made or
contracted to be levied or otherwise made, or of any other act, proceeding, or
contract of the district, whether or not such act, proceeding, or contract has been
taken or executed, including proposed contracts for any services and the proposed
acquisition of any property pertaining to such services, or any combination thereof.

(2) Such petition shall:

(a) Set forth the facts whereon the validity of such power, taxes, charges,
act, proceeding, or contract is founded; and

(b) Be verified by the presiding officer of the district.

(3) Such action shall be in the nature of a proceeding in rem, and jurisdiction
of all parties interested may be had by publication and posting, as provided in this
article.

(4) Notice of the filing of the petition shall be given by the clerk of the court,
under the seal thereof, stating in brief outline the contents of the petition and
showing where a full copy of any proceeding or contract mentioned in such outline
may be examined.

(5) The notice shall be served:

(a) By publication at least once a week for five consecutive weeks by five
weekly insertions in a newspaper of general circulation in the geographic area
where the district is located;

(b) By posting in the office of the district at least thirty days prior to the date
fixed in the notice for the hearing on the petition.

(6) Jurisdiction shall be complete after such publication and posting.

(7) Any owner of property within the boundaries of the district or any other
person interested in the proceeding or contract or proposed proceeding or
proposed contract or in the premises may appear and move to dismiss or answer
the petition no less than five days prior to the date fixed for the hearing or within
such further time as may be allowed by the court. The petition shall be taken as
confessed by all persons who fail so to appear.

(8) The petition and notice shall be sufficient to give the court jurisdiction,
and, upon hearing, the court shall examine into and determine all matters and
things affecting the question submitted, shall make such findings with reference to
the question submitted, and shall render such judgment and decree on the question
submitted as the case warrants.

(9) Costs may be divided or apportioned among any contesting parties in the
discretion of the trial court.

(10) Review of the judgment of the court may be had 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 court within thirty days.

(11) The Colorado rules of civil procedure shall govern in matters of pleading
and practice where not otherwise specified in this article.

(12) The court shall disregard any error, irregularity, or omission that does
not affect the substantial rights of the parties.

(13) All cases in which there may arise a question of the 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.

Legislative History

Source: L. 98: Entire article added, p. 1090, � 1, effective September 1.