§ 32-7-105 — Petition or resolution for formation - designation of services

(1)
The formation of a service authority shall be initiated by a petition signed by eligible
electors of the proposed service authority in number not less than five percent of
the votes cast in the proposed service authority for all candidates for the office of
governor at the last preceding general election or by resolution adopted by a
majority of the governing bodies of the counties and municipalities having territory
within the boundaries of the proposed service authority. The petition or resolution
shall be filed with the district court of the county within the proposed service
authority which has the largest population and a copy thereof delivered to the
organizational commission upon its appointment by the court.

(1.5) Local governing bodies in their resolution for formation or the people in
their petition for formation may designate which services listed in section 32-7-111
are to be initially administered by the proposed service authority, subject to the
approval of the registered electors as provided in section 17 of article XIV of the
state constitution, and the manner in which such services are to be submitted to the
electors and may provide that such services shall be voted on separately or in
combination with one or more other services. If such provisions are not set forth in
the resolution or petition, the organizational commission shall make such
determinations.

(2) (a) The petition or resolution shall state the name proposed for the
service authority and shall list the counties to be included within the service
authority and any municipality to be excluded from the authority pursuant to
section 32-7-104.

(b) Upon filing of the petition or resolution, the court shall fix a time not less
than twenty nor more than forty days after the petition or resolution is filed for a
hearing thereon. At least seven days prior to the hearing date, the clerk of the court
shall give notice by publication of the pendency of the petition or resolution and of
the time and place of hearing thereon. At the hearing, the court shall determine
whether the requisite number of eligible electors have signed the petition or
whether a resolution has been adopted by the requisite number of counties and
municipalities. No petition with the requisite signatures nor any resolution passed
by the requisite number of counties and municipalities shall be declared void on
account of minor defects, and the court may, at any time, permit the petition or
resolution to be amended to conform to the facts by correcting the defects.

(3) If it appears at the conclusion of the hearings that the petition or
resolution conforms with the requirements of section 17 of article XIV of the state
constitution and this article, the court, by order entered of record, shall appoint an
organizational commission according to the procedures required under section 32-7-107.

Legislative History

Source: L. 72: p. 455, � 1. C.R.S. 1963: � 89-25-5. L. 75: (1) amended and (1.5) added, p. 1298, � 1, effective June 20. L. 85: (1), (1.5), and (2)(b) amended, p. 1350, � 24, effective April 30. L. 92: (1) and (2)(b) amended, p. 896, � 140, effective January 1, 1993.