§ 31-25-1220 — Inclusion or exclusion - petition - notice - hearing

Colorado § 31-25-1220

• Jurisdiction: Colorado
• Title 31: Government
• Art.: Public Improvements

Text

(1) The
boundaries of any district organized under the provisions of this part 12 may be
changed in the manner prescribed in this section, but the change of boundaries of
the district shall not impair or affect its organization or its rights in or to property or
any of its rights or privileges whatsoever, nor shall it affect or impair or discharge
any contract, obligation, lien, or charge for or upon which the district might be liable
or chargeable had any such change of boundaries not been made. The owners of
property proposed to be included or excluded may file with the governing body a
petition, in writing, requesting that such property be included in or excluded from
the district. The petition shall describe the property owned by the petitioners and
shall be verified. The petition shall be accompanied by a deposit of moneys
sufficient to pay all costs of the inclusion or exclusion proceedings. The clerk of the
governing body shall cause notice of the filing of such petition to be given and
published, which notice shall state the filing of such petition, the names of the
petitioners, descriptions of the property sought to be included or excluded, and the
request of said petitioners.

(2) Such notice shall inform all persons having objections to appear at the
time and place stated in said notice and show cause why the petition should not be
granted. The governing body, at the time and place mentioned or at any time to
which the hearing may be adjourned, shall proceed to hear the petition and all
objections thereto which may be presented by any person showing cause why said
petition should not be granted. The failure of any interested person to show cause
shall be deemed as an assent on his part to the inclusion or exclusion of such
property as requested for in the petition. If the change of boundaries of the district
does not adversely affect the district and if the petition is granted, the governing
body shall adopt an ordinance to that effect and file a certified copy of the same
with the county clerk and recorder of the county in which the property is located.
Thereupon, said property shall be included or excluded from the district.

(3) All property included within or excluded from a district shall thereafter
be subject to the levy of taxes for the payment of its proportionate share of any
indebtedness of the district outstanding at the time of inclusion or exclusion.

Legislative History

Source: L. 88: Entire part added, p. 1139, � 1, effective May 6. L. 91: (2) amended, p. 761, � 7, effective May 20.