§ 32-1-107 — Service area of special districts

Colorado § 32-1-107

• Jurisdiction: Colorado
• Title 32: Special
• Art.: Special District Provisions

Text

(1) A special district may be
entirely within or entirely without, or partly within and partly without, one or more
municipalities or counties, and a special district may consist of noncontiguous
tracts or parcels of property.

(2) Except as provided in subsection (3) of this section, no special district
may be organized wholly or partly within an existing special district providing the
same service. Nothing in this subsection (2) shall prevent a special district providing
different services from organizing wholly or partly within an existing special
district. Except as provided in subsection (3) of this section, a metropolitan district
may be organized wholly or partly within an existing special district, but a
metropolitan district shall not provide the same service as the existing special
district.

(3) (a) For purposes of this subsection (3), overlapping special district
means a new or existing special or metropolitan district located wholly or partly
within an existing special or metropolitan district.

(b) An overlapping special district may be authorized to provide the same
service as the existing special or metropolitan district that the overlapping special
district overlaps or will overlap if:

(I) Where the service plan of such overlapping special district is subject to
approval by the board of county commissioners, the board of county commissioners
of the county or counties in which the overlapping territory is located approves by
resolution the inclusion of such service as part of the service plan of said
overlapping special district; and

(II) Where the service plan of such overlapping special district is subject to
the approval of the governing body of a municipality, the governing body of any
municipality that has adopted a resolution of approval of the overlapping special
district pursuant to section 32-1-204.5 (1)(a) or 32-1-204.7 approves by resolution
the inclusion of such service as part of the service plan of said overlapping special
district; and

(III) The improvements or facilities to be financed, established, or operated
by the overlapping special district for the provision of the same service as the
existing special or metropolitan district do not duplicate or interfere with any other
improvements or facilities already constructed or planned to be constructed within
the portion of the existing special or metropolitan district that the overlapping
special district overlaps or will overlap; and

(IV) The board of directors of any special district or metropolitan district
authorized to provide a service within the boundaries of the overlapping area
consents to the overlapping special district providing the same service.

(c) Nothing in this subsection (3) shall be construed to encourage the
unnecessary proliferation, duplication, overlapping, or fragmentation of special or
metropolitan districts.

Legislative History

Source: L. 81: Entire article R&RE, p. 1546, � 1, effective July 1. L. 97: (2) amended and (3) added, p. 1415, � 1, effective June 3. L. 2003: (3)(b)(II) amended, p. 1315, � 1, effective August 6.