§ 32-4-513 — Inclusion of territory

(1) Any municipality shall be eligible for
inclusion in a district with the consent of such municipality and the consent of the
district, upon such terms and conditions as may be determined by the board of
directors of the district and upon determination by the board that such municipality
may feasibly be served by the facilities of the district.

(2) (a) The governing body of a municipality desiring to include such
municipality within the boundaries of the district shall submit to the district a
request that the district determine the feasibility of serving the municipality
through the district's facilities and the terms and conditions upon which the
municipality may be included within the district.

(b) Upon receipt of such a request the board of directors of the district shall
cause an investigation to be made within a reasonable time to determine whether or
not the municipality may feasibly be served by the facilities of the district and the
terms and conditions upon which the municipality may be included within the
district. Upon such determination, if it is determined that it is feasible to serve the
municipality through the district's facilities, the board by resolution shall set the
terms and conditions upon which the municipality may be included within the
district and shall give notice thereof to the municipality. If the board determines
that the municipality cannot feasibly be served through the district's facilities or
otherwise determines that the municipality should not be included within the
boundaries of the district, the board of directors of the district shall pass a
resolution so stating and notify the municipality of the action of the board.

(3) (a) The governing body of the municipality, if it desires to include the
municipality within the district upon the terms and conditions set forth by the board
of directors of the district, shall adopt an ordinance declaring that the public health,
safety, and general welfare require the inclusion of said municipality within the
district and that the governing body desires to have said municipality included
therein upon the terms and conditions prescribed by the board of directors of the
district, but the governing body of such municipality shall, before final adoption of
said ordinance, hold a public hearing thereon, notice of which shall be given by
publication in at least one newspaper of general circulation within such
municipality, which publication shall be complete at least ten days before the
hearing. Upon the final adoption of said ordinance the clerk of the governing body
of such municipality shall forthwith transmit a certified copy thereof to the board of
directors of the district and to the division of local government in the department of
local affairs.

(b) After receipt of a copy of such ordinance the board of directors of the
district may pass and adopt a resolution including said municipality within the
boundaries of the district and shall cause a certified copy thereof to be transmitted
to the division of local government and a certified copy to the clerk of the governing
body of the municipality. The director of said division, upon receipt of a certified
copy of the resolution of the board of directors of the district, shall forthwith issue a
certificate reciting that the municipality described in such resolution has been duly
included within the boundaries of the district according to the laws of the state of
Colorado. The inclusion of such territory shall be deemed effective upon the date of
the issuance of such certificate, and the validity of such inclusion shall be
incontestable in any suit or proceeding which has not been commenced within three
months from such date. The said division shall forthwith transmit to the governing
body of such municipality and to the board of directors of the district three copies
of such certificate, and the clerk of such governing body shall forthwith record a
copy in the office of the clerk and recorder of each county in which such
municipality is located and file a copy thereof with the county assessor and county
treasurer of said county in which the municipality is located. The said division shall
issue additional copies of the certificate upon request.

(4) The foregoing provisions for inclusion of territory within the district shall
be applicable in those cases where the municipality and the district take action to
include only a portion of a municipality within the district, but in such instances the
ordinance of the municipality, the resolution of the board of directors of the district,
and the certificate of inclusion issued by the director of the division of local
government shall specifically describe the area of the municipality which is
included within the district.

Legislative History

Source: L. 60: p. 174, � 9. CRS 53: � 89-15-9. C.R.S. 1963: � 89-15-9. L. 76: (3) and (4) amended, p. 601, � 19, effective July 1.