§ 32-4-409 — Inclusion of incorporated areas

(1) The municipalities as defined
in this part 4 shall be eligible for inclusion in a metropolitan water district if such
municipality is contiguous to the area encompassed by the district or is a territory
which may feasibly become a part of the district as determined by the board of
directors.

(2) The governing body of such municipality shall, before finally enacting an
ordinance declaring that the public convenience and necessity, require the
inclusion of a part or all of the territory within the boundaries of such municipality
into such metropolitan water district. Said resolution or ordinance shall set forth
boundaries of the territory proposed to be included, except that:

(a) The governing body of such municipality, before finally adopting such
resolution or enacting such ordinance, shall cause a notice of public hearing to be
published, which public hearing shall be held not less than twenty days nor more
than forty days from the date of first publication, and shall state the time and place
of such hearing, and that the matter of inclusion in a metropolitan water district will
be considered.

(b) The governing body shall hold a public hearing at the time and place
stated in the notice. In determining whether the territory shall be included in the
district, the governing body shall consider the present and future needs and
requirements of the municipality proposed to be included. Upon the effective date
of such ordinance or resolution, the clerk of the governing body of such
municipality shall forthwith transmit a certified copy thereof to the board of
directors of such district and to the division of local government in the department
of local affairs.

(3) Within sixty days after receipt of a copy of such resolution, the board of
directors of such district may enact a similar resolution setting forth the same
boundaries and upon the effective date of said resolution shall cause a certified
copy thereof to be transmitted to the division of local government and to the clerk
of the governing body of such municipality. The director of said division, upon
receipt of a copy of a resolution of the board of directors of such district, shall
forthwith issue a certificate reciting that the territory described in such resolution
has been duly added to the district according to the laws of the state of Colorado.
The inclusion of such territory shall be deemed effective upon the date of issuance
of such certificate, and the validity of such inclusion shall be incontestable in any
suit or proceeding which shall not have been commenced within three months from
such date. The director of said division shall forthwith transmit to the governing
body of such municipality and to the board of directors of such district a copy of
such certificate, and the clerk of such governing body shall forthwith record such
copy in the office of the clerk and recorder of the county in which such municipality
is located.

Legislative History

Source: L. 55: p. 591, � 2. CRS 53: � 89-13-9. C.R.S. 1963: � 89-13-9. L. 76: (2)(b) and (3) amended, p. 599, � 14, effective July 1.