§ 32-4-540 — Confirmation of contract proceedings

(1) (a) In its discretion, the
board may file a petition at any time in the district court in and for any county in
which the district is located wholly or in part, praying for a judicial examination and
determination of any power conferred or of any tax or rates or charges levied, or of
any act, proceeding, or contract of the district, whether or not said contract has
been executed, including proposed contracts for the acquisition, improvement,
equipment, maintenance, operation, or disposal of any project for the district. Such
petition shall set forth the facts whereon the validity of such power, assessment,
act, proceeding, or contract is founded and shall be verified by the chairman of the
board.

(b) Such action shall be in the nature of a proceeding in rem, and jurisdiction
of all parties interested may be had by publication and posting, as provided in this
part 5. Notice of the filing of said petition shall be given by the clerk of the court,
under the seal thereof, stating in brief outline the contents of the petition and
showing where a full copy of any contract therein mentioned, may be examined. The
notice shall be served by publication in at least five consecutive issues of a weekly
newspaper of general circulation published in the county in which the principal
office of the district is located, and by posting the same in the office of the district
at least thirty days prior to the date fixed in said notice for the hearing on said
petition. Jurisdiction shall be complete after such publication and posting.

(c) Any owner of property in the district or person interested in the contract
or proposed contract or in the premises may appear and move to dismiss or answer
said petition at any time prior to the date fixed for said hearing or within such
further time as may be allowed by the court; and the petition shall be taken as
confessed by all persons who fail to appear.

(2) The petition and notice shall be sufficient to give the court jurisdiction
and upon hearing, the court shall examine into and determine all matters and things
affecting the question submitted, shall make such findings with reference thereto,
and render such judgment and decree thereon as the case warrants. Costs may be
divided or apportioned among any contesting parties in the discretion of the trial
court. Review of the judgment of the court may be had as in other similar cases,
except that such review must be applied for within thirty days after the time of the
rendition of such judgment, or within such additional time as may be allowed by the
court within thirty days. The Colorado rules of civil procedure shall govern in
matters of pleading and practice where not otherwise specified in this part 5. The
court shall disregard any error, irregularity, or omission which does not affect the
substantial right of the parties.

Legislative History

Source: L. 62: p. 221, � 14. C.R.S. 1963: � 89-15-40.