(1) (a) Persons proposing the organization of a special district, except for a special
district that is contained entirely within the boundaries of a municipality and
subject to the provisions of section 32-1-204.5, shall submit a service plan to the
board of county commissioners of each county that has territory included within the
boundaries of the proposed special district prior to filing a petition for the
organization of the proposed special district in any district court. The service plan
shall be filed with the county clerk and recorder for the board of county
commissioners at least ten days prior to a regular meeting of the board of county
commissioners, the division, and the state auditor. Within five days after the filing of
any service plan, the county clerk and recorder, on behalf of the board of county
commissioners, shall report to the division on forms furnished by the division the
name and type of the proposed special district for which the service plan has been
filed. If required by county policy adopted pursuant to the procedure provided in
section 30-28-112, C.R.S., the service plan shall be referred to the planning
commission which shall consider and make a recommendation on the service plan
to the board of county commissioners within thirty days after the plan was filed
with the county clerk and recorder. At the next regular meeting of the board of
county commissioners that is held at least ten days after the final planning
commission action on the service plan, the board of county commissioners shall set
a date within thirty days of the meeting for a public hearing on the service plan of
the proposed special district. The board of county commissioners shall provide
written notice of the date, time, and location of the hearing to the division. The
board of county commissioners may continue the hearing for a period not to exceed
thirty days unless the proponents of the special district and the board agree to
continue the hearing for a longer period.
(b) Notwithstanding the requirements of subsection (1)(a) of this section, the
service plan of a proposed health service district, health assurance district, or early
childhood development service district shall not be referred to the county planning
commission for consideration or recommendations. At the next regular meeting of
the board of county commissioners that is held at least ten days after the filing of
the service plan with the county clerk and recorder, the board of county
commissioners shall set a date within thirty days of such filing for a public hearing
on the service plan of the proposed district. The board of county commissioners
shall provide written notice of the meeting pursuant to subsection (1)(a) of this
section.
(2) The service plan shall contain the following:
(a) A description of the proposed services;
(b) A financial plan showing how the proposed services are to be financed,
including the proposed operating revenue derived from property taxes for the first
budget year of the district, which shall not be materially exceeded except as
authorized pursuant to section 32-1-207 or 29-1-302, C.R.S. All proposed
indebtedness for the district shall be displayed together with a schedule indicating
the year or years in which the debt is scheduled to be issued. The board of directors
of the district shall notify the board of county commissioners or the governing body
of the municipality of any alteration or revision of the proposed schedule of debt
issuance set forth in the financial plan.
(c) A preliminary engineering or architectural survey showing how the
proposed services are to be provided;
(d) A map of the proposed special district boundaries and an estimate of the
population and valuation for assessment of the proposed special district;
(e) A general description of the facilities to be constructed and the
standards of such construction, including a statement of how the facility and
service standards of the proposed special district are compatible with facility and
service standards of any county within which all or any portion of the proposed
special district is to be located, and of municipalities and special districts which are
interested parties pursuant to section 32-1-204 (1);
(f) A general description of the estimated cost of acquiring land, engineering
services, legal services, administrative services, initial proposed indebtedness and
estimated proposed maximum interest rates and discounts, and other major
expenses related to the organization and initial operation of the district;
(g) A description of any arrangement or proposed agreement with any
political subdivision for the performance of any services between the proposed
special district and such other political subdivision, and, if the form contract to be
used is available, it shall be attached to the service plan;
(h) Information, along with other evidence presented at the hearing,
satisfactory to establish that each of the criteria set forth in section 32-1-203, if
applicable, is met;
(i) Such additional information as the board of county commissioners may
require by resolution on which to base its findings pursuant to section 32-1-203;
(j) For a mental health-care service district, any additional information
required by section 32-17-107 (2) that is not otherwise required by paragraphs (a) to
(i) of this subsection (2);
(k) For a health assurance district, any additional information required by
section 32-19-106 (2) that is not otherwise required by paragraphs (a) to (i) of this
subsection (2);
(l) For an early childhood development service district, any additional
information required by section 32-21-105 (2) that is not otherwise required by
subsections (2)(a) to (2)(i) of this section;
(m) For a metropolitan district that submits a service plan to one or more
boards of county commissioners pursuant to this section on or after January 1,
2024, the maximum mill levy that may be imposed for the payment of general
obligation indebtedness, as determined by the board of county commissioners of
each county that is approving the service plan;
(n) For a metropolitan district that submits a service plan to one or more
boards of county commissioners pursuant to this section on or after January 1,
2024, the maximum debt that may be issued by the district, as determined by the
board of county commissioners of each county that is approving the service plan;
and
(o) For a metropolitan district that submits a service plan to one or more
boards of county commissioners pursuant to this section on or after January 1,
2025, the maximum term for imposition of a debt service mill levy on any property
developed for residential purposes after the initial year of imposition of such debt
service mill levy, as determined by the board of county commissioners of each
county that is approving the service plan.
(2.1) No service plan shall be approved if a petition objecting to the service
plan and signed by the owners of taxable real and personal property, which
property equals more than fifty percent of the total valuation for assessment of all
taxable real and personal property to be included in such district, is filed with the
board of county commissioners no later than ten days prior to the hearing under
section 32-1-204, unless such property has been excluded by the board of county
commissioners under section 32-1-203 (3.5).
(3) Each service plan filed shall be accompanied by a processing fee set by
the board of county commissioners not to exceed five hundred dollars, which shall
be deposited into the county general fund; except that the board of county
commissioners may waive such fee. Such processing fee shall be utilized to
reimburse the county for reasonable direct costs related to processing such service
plan and the hearing prescribed by section 32-1-204, including the costs of notice,
publication, and recording of testimony. If the board of county commissioners
determines that special review of the service plan is required, the board may
impose an additional fee to reimburse the county for reasonable direct costs
related to such special review. If the board imposes such an additional fee, it shall
not be less than five hundred dollars, and it shall not exceed one one-hundredth of
one percent of the total amount of the debt to be issued by the district as indicated
in the service plan or the amended service plan or ten thousand dollars, whichever
is less. The board may waive all or any portion of the additional fee.
(4) In the case of a proposed health service district, submission to the board
of county commissioners by the petitioners of a license or certificate of compliance
or evidence of a pending application for a license or certificate of compliance
issued by the department of public health and environment shall constitute
compliance with subsection (2) of this section.