(1)In its discretion,
the board may file a petition at any time in the district court in any county in which
the district or a portion thereof is located for a judicial examination and
determination of any power conferred, any securities issued by the district or
authorized to be issued by the district, any taxes, assessments, or service charges
levied or otherwise made by the district or contracted to be levied by the district or
otherwise made by the district, 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 improvement, proposed securities
of the district to defray in whole or in part the cost of the project, the proposed
acquisition, improvement, equi
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(1) In its discretion,
the board may file a petition at any time in the district court in any county in which
the district or a portion thereof is located for a judicial examination and
determination of any power conferred, any securities issued by the district or
authorized to be issued by the district, any taxes, assessments, or service charges
levied or otherwise made by the district or contracted to be levied by the district or
otherwise made by the district, 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 improvement, proposed securities
of the district to defray in whole or in part the cost of the project, 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, securities, taxes, assessments,
charges, act, proceeding, or contract is founded. The presiding officer of the district
shall verify the petition before it is filed with the district 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
part 5.
(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 counties and
municipalities in which the district is located; and
(b) Posting the notice in the office of the district at least thirty days prior to
the date of the hearing on the petition.
(5) Any owner of property within the boundaries of the district or any other
person interested in the petition filed by the board may appear at the hearing by
either filing a motion to dismiss or an answer to the petition at least five days prior
to 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 part 5, 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 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.
(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.