§ 32-11-812 — Confirmation of contract proceedings

Colorado § 32-11-812

• Jurisdiction: Colorado
• Title 32: Special
• Art.: Urban Drainage and Flood Control Act

Text

(1) In its discretion, the
board may file a petition at any time in the district court in and for any county in
which the urban district is located, praying for a judicial examination and
determination of any power conferred, or of any securities issued or merely
authorized to be issued, or of any taxes, assessments, or service charges levied or
otherwise made or contracted to be levied or otherwise made, or of any other act,
proceeding, or contract of the district, whether or not such act, proceeding, or
contract has been taken or executed, including proposed contracts for any project,
proposed securities of the district to defray wholly or in part the cost of the project,
and the proposed acquisition, improvement, equipment, maintenance, operation, or
disposal of any property pertaining thereto (or any combination thereof).

(2) Such petition shall:

(a) Set forth the facts whereon the validity of such power, securities, taxes,
assessments, charges, act, proceeding, or contract is founded; and

(b) Be verified by the chairman of the board.

(3) Such action shall be in the nature of a proceeding in rem, and jurisdiction
of all parties interested may be had by publication and posting, as provided in this
article.

(4) Notice of the filing of the petition shall be given by the clerk of the court,
under the seal thereof, stating in brief outline the contents of the petition and
showing where a full copy of any proceeding or contract therein mentioned may be
examined.

(5) The notice shall be served:

(a) By publication at least once a week for five consecutive weeks by five
weekly insertions, in at least:

(I) A newspaper of general circulation published in the city and county of
Denver; and

(II) A newspaper of general circulation published in each of the counties of
Adams, Arapahoe, Boulder, and Jefferson;

(b) By posting in the office of the district at least thirty days prior to the date
fixed in the notice for the hearing on the petition.

(6) Jurisdiction shall be complete after such publication and posting.

(7) Any owner of property in the district or any other person interested in the
proceeding or contract or proposed proceeding or proposed contract or in the
premises may appear and move to dismiss or answer the petition at any time prior
to the date fixed for the hearing or within such further time as may be allowed by
the court. The petition shall be taken as confessed by all persons who fail so to
appear.

(8) The petition and notice shall be sufficient to give the court jurisdiction,
and upon hearing the court shall examine into and determine all matters and things
affecting the question submitted, shall make such findings with reference thereto,
and shall render such judgment and decree thereon as the case warrants.

(9) Costs may be divided or apportioned among any contesting parties in the
discretion of the trial court.

(10) Review of the judgment of the court may be had as in other similar
cases, except that such review must be applied for within thirty days after the time
of the rendition of such judgment or within such additional time as may be allowed
by the court within the thirty days.

(11) The Colorado rules of civil procedure shall govern in matters of pleading
and practice where not otherwise specified in this article.

(12) The court shall disregard any error, irregularity, or omission which does
not affect the substantial rights of the parties.

(13) All cases in which there may arise a question of the validity of any
matter provided for under this section shall be advanced as a matter of immediate
public interest and concern and shall be heard at the earliest practicable moment.

Legislative History

Source: L. 69: p. 816, � 208. C.R.S. 1963: � 89-21-208.