(1)Except
as otherwise provided in section 32-1-304.5, on the day fixed for the hearing
provided in section 32-1-304 or at an adjournment thereof, the court shall first
ascertain, from such evidence which may be adduced, that the required number of
taxpaying electors of the proposed special district have signed the petition.
Notwithstanding any other provision of law, only those signatures obtained after
the approval of the service plan pursuant to section 32-1-205 or 32-1-206 or after
approval of the petition by the governing body of a municipality pursuant to section
32-1-205 shall be considered by the district court in making the evidentiary finding
that the required number of taxpaying electors of the proposed special district
have signed the petition in accordance with this
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(1) Except
as otherwise provided in section 32-1-304.5, on the day fixed for the hearing
provided in section 32-1-304 or at an adjournment thereof, the court shall first
ascertain, from such evidence which may be adduced, that the required number of
taxpaying electors of the proposed special district have signed the petition.
Notwithstanding any other provision of law, only those signatures obtained after
the approval of the service plan pursuant to section 32-1-205 or 32-1-206 or after
approval of the petition by the governing body of a municipality pursuant to section
32-1-205 shall be considered by the district court in making the evidentiary finding
that the required number of taxpaying electors of the proposed special district
have signed the petition in accordance with this subsection (1).
(2) Except as otherwise provided in section 32-1-304.5, upon said hearing, if
the court finds that the petition has not been signed and presented in conformity
with this part 3, it shall dismiss said proceedings and adjudge the costs against the
signers of the petition in the proportion it deems just and equitable. No appeal or
other remedy shall lie from an order dismissing said proceedings. Nothing in this
subsection (2) shall be construed to prevent the filing of a subsequent petition for
similar improvements or for a similar special district, and the right so to renew such
proceedings is hereby expressly granted and authorized.
(3) Except as otherwise provided in section 32-1-304.5, anytime after the
filing of the petition for the organization of a special district but no later than ten
days before the day fixed for the hearing thereon, the owner of any real property
within the proposed special district may file a petition with the court stating
reasons why said property should not be included therein and requesting that said
real property be excluded therefrom. The petition shall be duly verified and shall
describe the property sought to be excluded. The court shall hear the petition and
all objections thereto at the time of the hearing on the petition for organization and
shall determine whether, in the best public interest, the property should be
excluded or included in the proposed special district. The court shall exclude
property located in any home rule municipality in respect to which a petition for
exclusion has been filed by the municipality.
(4) Except as otherwise provided in section 32-1-304.5, upon the hearing, if it
appears that a petition for the organization of a special district has been signed and
presented in conformity with this part 3 and that the allegations of the petition are
true, the court, by order duly entered of record, shall direct that the question of the
organization of the special district be submitted at an election to be held for that
purpose in accordance with article 13.5 of title 1.
(5) At such election the voter shall vote for or against the organization of the
special district and for five electors of the district who shall constitute the board of
the special district, if organized.
(6) If a majority of the votes cast at said election are in favor of the
organization and the court determines the election was held in accordance with
article 13.5 of title 1, the court shall declare the special district organized and give
the special district the corporate name designated in the petition, by which it shall
thereafter be known in all proceedings, and designate the first board elected.
Thereupon the special district shall be a quasi-municipal corporation and a political
subdivision of the state of Colorado with all the powers thereof.
(7) If an order is entered declaring the special district organized, such order
shall be deemed final, and no appeal or other remedy shall lie therefrom. The entry
of such order shall finally and conclusively establish the regular organization of the
special district against all persons except the state of Colorado in an action in the
nature of quo warranto commenced by the attorney general within thirty-five days
after entry of such order declaring such special district organized and not
otherwise. The organization of said special district shall not be directly or
collaterally questioned in any suit, action, or proceeding except as expressly
authorized in this subsection (7).
Source: L. 81: Entire article R&RE, p. 1553, � 1, effective July 1. L. 92: (4)
amended, p. 876, � 108, effective January 1, 1993. L. 94: (6) amended, p. 1642, � 65,
effective May 31. L. 2007: (1), (2), (3), and (4) amended, p. 1190, � 9, effective July 1. L. 2012: (7) amended, (SB 12-175), ch. 208, p. 881, � 146, effective July 1. L. 2016: (4)
and (6) amended, (SB 16-189), ch. 210, p. 783, � 81, effective June 6. L. 2017: (1)
amended, (HB 17-1065), ch. 73, p. 232, � 4, effective August 9. L. 2021: (4) and (6)
amended, (SB 21-160), ch. 133, p. 538, � 8, effective September 7.