§ 30-20-202 — Creation - proviso

(1) Whenever a county has established and
maintains a county public health agency or, in conjunction with one or more
adjacent counties, a district public health agency as provided by part 5 of article 1
of title 25, C.R.S., such county may establish one or more disposal districts. Such
district shall be composed of the unincorporated area benefited by the
establishment of the proposed disposal district for the collection and disposal of
garbage, waste, and trash. The boundaries of such district are to be designated by
the board of county commissioners of the county.

(2) It is the duty of the county board of health or the district board of health,
which the county maintains under the authority of part 5 of article 1 of title 25,
C.R.S., upon request from the board of county commissioners of such county, to
formulate a tentative plan for the formation of such disposal district, said plan to
include: Recommendations as to the area to be benefited; a detailed estimate of
annual costs for the operation and maintenance of the district affairs and the
equipment and personnel thereof; boundaries and the approximate valuation for
assessment therein; and proposed rules, regulations, and schedules for the district.
Upon completion of said plan, the board of health shall certify such plan to the
board of county commissioners.

(3) Before the adoption of any resolution of the board of county
commissioners creating a disposal district, a public hearing shall be held by the
board to ascertain the sentiment of residents within the proposed area toward the
establishment of such district. For the purposes of such hearing, the board of
county commissioners shall give notice thereof, which notice shall set forth the
time, date, place, and purpose of such hearing, shall set forth a description of the
proposed boundaries, and shall be published once weekly for three consecutive
weeks in a newspaper published and of general circulation in the county. The date
for such hearing shall not be sooner than five days nor later than thirty days
following the date of the last publication of said notice.

(4) After the hearing, the board of county commissioners may, at any
regularly scheduled meeting, change, amend, reject, or adopt the certified plan,
and by resolution create a disposal district.

(5) Any provisions in this part 2 to the contrary notwithstanding, no tract or
parcel of real estate used for manufacturing, mining, railroad, or industrial
purposes, which, together with the buildings, improvements, machinery, and
equipment thereon situate, shall have a valuation for assessment in excess of
twenty-five thousand dollars at the date of the adoption by the board of county
commissioners of a resolution creating a disposal district, shall be included in any
district organized under this part 2 without the written consent of the owner
thereof. No personal property shall be included within any district which is situate
upon real estate not included in such district. If, contrary to the provisions of this
subsection (5), any such tract, parcel, or personal property is included in any
district, the owner thereof, on petition to the board of county commissioners which
adopted the resolution creating the district, shall be entitled to have such property
excluded from the district free and clear of any contract, obligations, lien, or charge
to which it may or might have been liable as a part of the district.

Legislative History

Source: L. 53: p. 475, � 2. CRS 53: � 89-11-2. C.R.S. 1963: � 89-11-2. L. 2010: (1) amended, (HB 10-1422), ch. 419, p. 2119, � 166, effective August 11.