§ 32-7-133 — Formation of special taxing districts

Colorado § 32-7-133

• Jurisdiction: Colorado
• Title 32: Special
• Art.: Regional Service Authorities

Text

(1) Special taxing districts
may be established pursuant to the provisions of this section.

(2) The board may by resolution propose the formation of the district, which
resolution shall designate the proposed boundaries thereof, specify the proposed
service, and set forth the methods of financing proposed for the district.

(3) The board shall present the proposal for public hearing to be held within
sixty days after introduction of the resolution with notice to be published not less
than fifteen days before the date set for hearing.

(4) At the hearing any eligible elector within the service authority may be
heard on the proposal, including questions of inclusion in or exclusion from the
district, and all objections shall be determined by the board on the basis of the
public interest, taking into consideration the needs of the service authority and the
availability of the service to the territory which is the subject of any objection.

(5) The board may continue the hearing as necessary and may, after the
conclusion thereof, enact the proposed resolution, with or without amendments, or
may reject the proposed resolution.

(6) Decisions of the board concerning the formation of a special taxing
district are not subject to review unless action is instituted by a registered elector
to review such proceedings within forty-five days after passage of the resolution,
and any such review shall extend only to the question of whether the board
exceeded its jurisdiction or abused its discretion. If the court so finds, it shall
remand the matter to the board for further proceedings, consistent with such
findings.

(7) No restraining order or temporary injunction enjoining the formation, the
inclusion or exclusion of territory, or the operation of the special taxing district may
be issued pending final judgment of the district court. Any such final judgment
which has the effect of enjoining the formation, the inclusion or exclusion of
territory, or the operation of a special taxing district shall automatically be stayed
upon the filing of any appeal of such decision, and no application for supersedeas
shall be necessary. Such stay shall continue in full force and effect pending final
disposition of the proceedings.

(8) Changes in the boundaries or major changes in services or financing of a
special taxing district may be initiated by resolution of the board or by petition
signed by five percent of the eligible electors of the district, and these proposals
shall be considered in the same manner as provided in this section for proposals for
the original formation of a district.

Legislative History

Source: L. 72: p. 474, � 1. C.R.S. 1963: � 89-25-33. L. 85: (4), (6), and (8) amended, p. 1355, � 33, effective April 30. L. 92: (2) to (4) and (8) amended, p. 904, � 151, effective January 1, 1993.