§ 32-4-404 — Organization

Colorado § 32-4-404

• Jurisdiction: Colorado
• Title 32: Special
• Art.: Water and Sanitation Districts

Text

(1) A metropolitan water district shall be organized
in the following manner:

(a) The governing body of any municipality may enact an ordinance of a
municipal corporation, and if other government subdivision a resolution, declaring
that the public convenience and necessity require the organization of a
metropolitan water district, which ordinance or resolution shall set forth the names
of the municipalities to be in the proposed district and the name of the proposed
district and boundary lines thereof, which boundaries shall be effective only for the
six-month period under section 32-4-408 (5), and shall in no way limit future
boundaries of the district as provided in this part 4.

(b) Within ninety days after receipt of a copy of such ordinance from the
initiating governing body, the governing body of any municipality which is named in
the ordinance providing for the proposed district desiring to become a part of the
district shall enact a similar ordinance, setting forth the same municipalities, name,
and boundary.

(c) Before final reading and enactment of such an ordinance, the governing
body of each such municipality shall hold a public hearing thereon, notice of which
shall be given by publication in at least one newspaper of general circulation within
such city at least five days before the hearing. Each governing body in determining
whether to enact the ordinance and become a part of the proposed district shall
consider the existing water supply of said municipality and its adequacy or
inadequacy for the present and future needs of such municipality and future
additions thereto. Determination as to need by the governing body shall be final and
conclusive.

(d) The clerk of each governing body, upon the taking effect of such
ordinance, shall forthwith transmit a certified copy thereof to the governing body of
each other municipality named in the original ordinance to be a part of the proposed
district and to the division of local government in the department of local affairs.

(e) The director of the division of local government, upon a receipt of a copy
of such ordinance from the governing body of each municipality named in the
original ordinance to be a part of the proposed district, shall forthwith issue a
certificate reciting that the district named in the ordinance has been duly organized
according to the laws of the state of Colorado and setting forth the names of the
municipalities which have certified an ordinance to his office as above provided. The
organization of any district shall be deemed effective upon the date of issuance of
such certificate, and the validity of the organization of any such district shall be
incontestable in any suit or proceeding which has not been commenced within three
months from such date. The director of said division shall forthwith transmit to the
governing body of each municipality which has certified an adopting ordinance as
provided in this section a copy of such certificate, and the clerk of each such
governing body shall forthwith record such copy in the offices of the clerk and
recorder of the county or counties in which the municipality is wholly or partly
located. But, in no event shall the organization of any metropolitan water district be
deemed effective nor shall the director of said division issue a certificate as above
provided unless more than one-half of the municipalities named in the initiating
ordinance have certified an ordinance to the director of said division as provided in
paragraph (d) of this subsection (1).

(f) Only such municipalities as do enact an ordinance to become a part of the
district shall be joined therein.

Legislative History

Source: L. 55: p. 581, � 4. CRS 53: � 89-13-4. C.R.S. 1963: � 89-13-4. L. 76: (1)(d) and (1)(e) amended, p. 598, � 12, effective July 1.