§ 32-4-412 — Exclusion of incorporated areas

(1) The governing body of any
municipality, which is partly or wholly within the boundaries of the district, may
adopt a resolution or enact an ordinance declaring that the public convenience and
necessity require the exclusion of the territory within the boundaries of the
municipality from the district, which resolution or ordinance shall set forth the
boundaries of the territory proposed to be excluded.

(2) If the district has an outstanding bonded indebtedness, the governing
body of the municipality, before finally adopting the resolution or enacting the
ordinance, shall submit to the electors of the territory proposed to be excluded
from the district, at an election held for that purpose, the proposition of excluding
the territory from the district. Any election may be held separately or may be held
jointly or concurrently with any primary, general, or regular election held under the
laws of the state of Colorado. The election shall be held and conducted as provided
in articles 1 to 13 of title 1, C.R.S., with the governing body of the municipality
following the procedures and performing the functions of the board of directors of
the district pursuant to the provisions of articles 1 to 13 of title 1, C.R.S. The
resolution or ordinance calling the election shall recite the objects and purposes for
which the indebtedness of the district was incurred, the remaining amount of
principal of the indebtedness, and the terms of repayment. The resolution or
ordinance shall also designate the date upon which the election shall be held. The
form of the ballot shall be as follows: For Exclusion and Against Exclusion. After
the results have been surveyed, the clerk of the municipality shall certify the
results to the governing body of the municipality who shall certify the results to the
board of directors of the district.

(3) In the event that the district has no outstanding indebtedness, the
governing body of the municipality, before finally adopting the resolution or
enacting the ordinance, shall hold a public hearing thereon, notice of which shall be
given by publication in at least one newspaper of general circulation within the
municipality or county.

(4) Within sixty days after receipt of a copy of the resolution or certification
of survey of votes showing that the exclusion has been approved, the board of
directors of the district may enact a resolution setting forth the same boundaries
and, upon the taking effect of its resolution, shall forthwith transmit a certified
copy of the resolution to the division of local government in the department of local
affairs.

(5) The director of the division of local government, upon receipt of a copy of
the resolution of the board of directors of the district, shall forthwith issue a
certificate reciting that the territory described in the resolution has been duly
excluded from the district named, according to the laws of the state of Colorado.
The exclusion of the territory shall be deemed effective upon the date of issuance
of the certificate, and the validity of the exclusion shall be incontestable in any suit
or proceeding which has not been commenced within three months from that date.
The division shall forthwith transmit to the governing body of such municipality and
to the board of directors of the district a copy of the certificate, and the clerk of the
governing body shall forthwith record the copy in the office of the clerk and
recorder of the county in which the municipality is located.

Legislative History

Source: L. 55: p. 593, � 1. CRS 53: � 89-13-12. C.R.S. 1963: � 89-13-12. L. 70: p. 281, � 76. L. 71: p. 961, � 5. L. 76: (4) and (5) amended, p. 600, � 16, effective July 1. L. 77: (2) amended, p. 1504, � 53, effective July 15. L. 92: Entire section amended, p. 893, � 135, effective January 1, 1993.