(1)A petition for
dissolution must generally describe the territory embraced in the special district;
must have a map showing the special district, a current financial statement of the
special district, and a plan for final disposition of the assets of the special district
and for payment of the financial obligations of the special district; must state
whether or not the services of the special district are to be continued and, if so, by
what means; and must state whether the existing board or a portion thereof is to
continue in office, subject to court appointment to fill vacancies. Said petition may
provide for the regional service authority board, the board of county commissioners,
or the governing body of the municipality to act as the board in accordance with
section 32-1-7
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(1) A petition for
dissolution must generally describe the territory embraced in the special district;
must have a map showing the special district, a current financial statement of the
special district, and a plan for final disposition of the assets of the special district
and for payment of the financial obligations of the special district; must state
whether or not the services of the special district are to be continued and, if so, by
what means; and must state whether the existing board or a portion thereof is to
continue in office, subject to court appointment to fill vacancies. Said petition may
provide for the regional service authority board, the board of county commissioners,
or the governing body of the municipality to act as the board in accordance with
section 32-1-707.
(2) The special district's current financial statement shall be accompanied
by adequate evidence of compliance with the requirements of subsection (3) of this
section.
(3) The petition for dissolution shall provide for one of the following:
(a) A certificate that the special district has no financial obligations or
outstanding bonds;
(b) A plan for dissolution stating that there are financial obligations or
outstanding bonds but that the special district will not continue in existence and
specifically providing that funds or securities meeting the investment requirements
established in part 6 of article 75 of title 24, C.R.S., will be placed in escrow, prior to
dissolution, in a state or national bank within this state having trust powers and
which is a member of the federal deposit insurance corporation and stating that
such funds or securities will be sufficient for the payment of the financial
obligations and outstanding bonds and all expenses relating thereto, including
charges of any escrow agent;
(c) A plan for dissolution stating that there are financial obligations or
outstanding bonds and specifically providing that the special district will continue
in existence to such extent as is necessary to adequately provide for the payment
of such financial obligations and outstanding bonds.
(4) The petition for dissolution shall also provide for one of the following:
(a) A statement that the services of the special district will not be continued
within such district;
(b) (I) A plan for dissolution specifically providing that services are to be
continued within the special district by one or more regional service authorities,
municipalities, counties, intergovernmental authorities formed and operated under
part 2 of article 1 of title 29, C.R.S., or other special districts, or any combination
thereof, and incorporating an agreement with such regional service authority,
municipality, county, intergovernmental authority, or other special district, or any
combination thereof, under which responsibility for all services presently provided
by the special district will be assumed by such entity. Such agreement shall provide
for the operation and maintenance of the system or facilities of the special district
by the regional service authority, municipality, county, intergovernmental authority,
or other special district, provisions for service, rates, and charges, and, if applicable,
provisions concerning acquisition of the special district's system or facilities,
consolidation or inclusion of territory, and procedures for contract modification,
employee rights, and retirement benefits. Such agreement may include provisions
for certification of levies by the special district continuing in existence under
paragraph (c) of subsection (3) of this section, the contracting regional service
authority, municipality, county, intergovernmental authority, or other special district
providing the services. Any agreement concerning fire protection districts entered
into pursuant to this subsection (4) shall include provisions for the continuation of
paid employees' rights pursuant to section 32-1-1002 (2) and the retirement
benefits of paid firefighters as provided in parts 2 and 4 of article 30.5 and article
31 of title 31, C.R.S., and the retirement benefits of volunteer firefighters under part
11 of article 30 of title 31, C.R.S.
(II) If a portion of a special district is located within the boundaries of a
municipality and a dissolution proceeding has been initiated by the special district,
the board shall hold a public hearing for residents in the unincorporated area of the
special district to express their views concerning the provision of services to the
unincorporated portions of the special district at the time of negotiation of the
agreement or any modification thereof.
(5) Any plan for dissolution shall include adequate provision for continuance
of existing services, and the financing thereof, to all areas of the special district
being dissolved if such services are essential for the health, welfare, and safety of
those residents of the special district being dissolved.