Colorado § 32-1-710 Dissolution by administrative action

Colorado Statutes

§ 32-1-710 — Dissolution by administrative action

Colorado·Title 32 Special·Art. Special District Provisions

(1)The division shall notify a special district by certified mail of the division's intent to certify the district dissolved if:

(a)(I) Except as provided in section 32-1-905 (2.5), the district has failed to hold or properly cancel an election pursuant to this article;

(II)The district has failed to adopt a budget, pursuant to section 29-1-108, C.R.S., for two consecutive years;

(III)The district has failed to comply with part 6 of article 1 of title 29, C.R.S., for two consecutive years; or

(IV)The district has not provided or attempted to provide any of the services or facilities for which the district was organized for two consecutive years; and

(b)The district has no outstanding financial obligations.

(2)(a) The division may declare the special district dissolved if

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(1) The division shall notify a
special district by certified mail of the division's intent to certify the district
dissolved if:

(a) (I) Except as provided in section 32-1-905 (2.5), the district has failed to
hold or properly cancel an election pursuant to this article;

(II) The district has failed to adopt a budget, pursuant to section 29-1-108,
C.R.S., for two consecutive years;

(III) The district has failed to comply with part 6 of article 1 of title 29, C.R.S.,
for two consecutive years; or

(IV) The district has not provided or attempted to provide any of the services
or facilities for which the district was organized for two consecutive years; and

(b) The district has no outstanding financial obligations.

(2) (a) The division may declare the special district dissolved if, within thirty
days of the notice provided pursuant to subsection (1) of this section, the district
has failed to demonstrate to the division that the district has performed such
statutory or service responsibility or will proceed to perform such responsibilities
within a time period agreed to by the division and the district.

(b) If the district has failed to hold or properly cancel an election, no board
has been appointed pursuant to section 32-1-905 (2.5), and there will be no
interruption of services being provided by the district, it shall be presumed that the
district has failed to demonstrate to the division that it has performed its statutory
or service responsibility or will proceed to perform such responsibilities.

(3) Following the division's declaration of dissolution, the division shall
submit the declaration to the court for certification of the district's dissolution. The
court shall make a determination on the division's declaration within thirty days
after the declaration has been submitted and shall order the disposition of the
assets, if any, of the district in accordance with section 32-1-708. In the event that
the court determines that the district is not inactive, it may terminate the
dissolution proceeding. The division shall give notice that it has applied to the court
for certification of the declaration of dissolution to the following parties: The
county clerk and recorder, the board of county commissioners, and the assessor of
each county in which the district is located; the governing body of any municipality
in which the special district is located; and the special district.

Colorado § 32-1-710 (Dissolution by administrative action) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 85: Entire section added, p. 1021, � 7, effective July 1. L. 87: (1)(a)(I) and (2) amended, p. 1237, � 1, effective May 16. L. 90: (1)(a)(II) amended, p. 1436, � 4, effective January 1, 1991.