§ 32-4-515 — Exclusion of territory

(1) Should the governing body of any
municipality which is included within the district determine by ordinance, adopted
after a public hearing called and held as provided in section 32-4-508 (1)(d), that
said municipality or any portion thereof cannot feasibly be served by the district's
facilities, such municipality may file with the district a certified copy of such
ordinance and request that said municipality or a designated portion thereof be
excluded from the district.

(2) Upon receipt of such ordinance the board of directors of the district shall
cause an investigation to be made to determine whether or not the municipality or
the designated portion thereof can feasibly be served by the district's facilities.

(3) (a) Upon completion of said investigation, and in any event not later than
ninety days from the filing of the ordinance with the district, the board of directors
of the district shall by resolution determine that the area sought to be excluded can
or cannot be feasibly served by the district's facilities. If the board of directors of
the district determines that the area can feasibly be served by the district's
facilities, the exclusion sought shall be denied.

(b) If the board of directors of the district determines that the area sought to
be excluded cannot feasibly be served by the district's facilities, the board of
directors of the district shall adopt a resolution excluding the area from the district,
and a certified copy of such resolution shall forthwith be filed with the director of
the division of local government in the department of local affairs, who shall
forthwith issue a certificate of exclusion describing the territory so excluded and
shall transmit to the clerk of the municipality three certified copies of such
certificate of exclusion, and the clerk of the municipality shall forthwith record a
copy of such certificate in the office of the county clerk and recorder of each
county in which the municipality may be located and shall deliver a copy to the
county assessor and the county treasurer of each county in which the municipality
is located; but, so long as any securities of the district are outstanding, no exclusion
of territory shall be made which will reduce the revenue of the district, nor shall any
exclusion of territory reduce the district's minimum charges and charges for
availability of service.

Legislative History

Source: L. 60: p. 176, � 11. CRS 53: � 89-15-11. L. 62: p. 196, � 8. C.R.S. 1963: � 89-15-11. L. 76: (3)(b) amended, p. 603, � 21, effective July 1.