§ 32-19-106 — Service plan required - contents - action on plan

(1) Persons
proposing the organization of a district, except for a district that is contained
entirely within the boundaries of a municipality and subject to the provisions of
section 32-19-107, shall submit a service plan in accordance with the requirements
of section 32-1-202 (1) and shall pay any fee required pursuant to section 32-1-202
(3).

(2) Notwithstanding the provisions of section 32-1-202 (2), the service plan for the
district shall contain the following information:

(a) (I) If the proposed district is a health assurance district, a description of the
proposed health services to be provided and the persons who will be eligible to
receive those services; or

(II) If the proposed district is a health service district, a description of the proposed
facilities to be established, maintained, or operated;

(b) If the proposed district is a health assurance district, a description of the
proposed health services to be provided in conjunction with a health service district,
if any, and if the proposed district is a health service district, a description of the
proposed health services to be provided in conjunction with a health assurance
district;

(c) Quality assurance measures;

(d) A financial plan showing how the proposed services are to be financed,
including the proposed operating revenue derived from sales taxes for the first
budget year of the district, which shall not be materially exceeded except as
authorized pursuant to section 32-1-207. All proposed indebtedness for the district
shall be displayed together with a schedule indicating the year in which the debt is
scheduled to be issued. The board of directors of the district shall notify the board
of county commissioners of the county in which the district will be located or the
governing body of the municipality in which the district will be located, whichever is
applicable, of any alteration or revision of the proposed schedule of debt issuance
set forth in the plan.

(e) A map of the proposed district boundaries;

(f) If the district plans to construct facilities, 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 district are compatible with
facility and service standards of any county or municipality within which all or any
portion of the proposed district is to be located;

(g) If applicable, a general description of the estimated cost of acquiring or leasing
land or facilities, acquiring engineering, legal, and 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;

(h) A description of any arrangement or proposed agreement with any political
subdivision for the performance of any services between the proposed district and
such other political subdivision, including the form contract to be used, if available;

(i) Information, along with other evidence presented at the hearing pursuant to
section 32-1-204, satisfactory to establish that each of the criteria set forth in
section 32-1-203, if applicable, is met; and

(j) Such additional information as the board of county commissioners of the county
in which the district will be located or the governing body of the municipality in
which the district will be located, whichever is applicable, may require on which to
base its findings pursuant to section 32-1-203.

(3) Except as provided in section 32-19-107, the board of county commissioners of
each county that has territory included within the proposed district shall constitute
the approving authority for the proposed district and shall review any service plan
filed by the petitioners of a proposed district in accordance with the provisions of
section 32-1-203. The provisions of section 32-1-203 (3.5)(a) shall not apply to a
district proposed pursuant to this article.

Legislative History

Source: L. 2007: Entire article added, p. 1195, � 15, effective July 1.