§ 37-3.5-101 — Dissolution of district

Colorado § 37-3.5-101

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Dissolution of Conservancy Districts

Text

(1) At such time as the board of directors
of any conservancy district by unanimous decision determines that the original
purposes for the organization of the district have been accomplished and after the
district has paid in full any indebtedness incurred by it, the board may devise a plan
of dissolution which shall be filed, together with a petition for dissolution, with the
court which authorized the organization of the district pursuant to section 37-2-105
(7).

(2) Such plan of dissolution shall set forth the proposal by the board of
directors to dispose of any assets which the district may then own and to transfer
any remaining responsibilities of the district to a political subdivision of the state.

(3) Immediately after the filing of such petition for dissolution, the court
wherein such petition is filed shall, by order, fix a date, time, and place for a public
hearing thereon, and thereupon the clerk of said court shall cause notice of said
hearing to be published weekly for three successive weeks in a newspaper of
general circulation in the county where said court is located. Any person who
wishes to object to the proposed plan of dissolution shall file a written objection at
any time after the filing of a petition for dissolution but not less than five days prior
to the date fixed by the order of the court for the hearing upon said petition. At the
hearing, the court may take such testimony as the court deems proper. If the court
finds that the original purpose for the organization of the district has been
accomplished, that the district is no longer indebted to any person, and that
adequate provision has been made for the disposition of any assets of the district
and the transfer of any remaining responsibilities of the district to a political
subdivision of the state, the court may enter an order approving the plan of
dissolution. In lieu of approving said plan, the court may order an election
submitting the proposition of dissolution of the district to the electors of the
district, and any such election ordered shall be conducted pursuant to the
procedures of sections 37-3.5-105 to 37-3.5-107.

(4) If an order approving the plan of dissolution is entered, the board of
directors shall expeditiously implement the plan of dissolution and upon the
completion of its implementation shall file, with the court and with the division of
local government in the department of local affairs, a notice that the dissolution of
the district has been completed in compliance with the plan of dissolution approved
by the court. Upon the receipt of such notice, the court shall enter a decree
granting the petition for dissolution and dissolving the district. On and after the
date of the entering of such decree, the district shall be deemed dissolved, any
bonds posted on behalf of members of the board shall be deemed discharged, and
the board of directors shall be relieved of further responsibilities and liabilities with
regard to the district.

(5) As used in this section, political subdivision means any entity of
government authorized by law to impose ad valorem taxes on taxable property
located within its territorial limits.

Legislative History

Source: L. 81: Entire article added, p. 1746, � 2, effective May 28.