(1)(a)
Notwithstanding the process for creating a subdistrict established in sections 37-46-112 to 37-46-114, a petition for an election on the organization of a subdistrict
may be filed with the clerk of the court that has jurisdiction over all or part of the
geographic area to be represented by the proposed subdistrict. The petition must
be:
(I)Duly approved by the district's board of directors;
(II)Approved by a unanimous vote of the members of the district's board of
directors who were appointed by the counties that lie wholly or partially within the
boundaries of the proposed subdistrict; and
(III)Signed by at least the lesser of ten percent or two hundred of the
electors living in the geographic area to be represented by the proposed
subdistrict.
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(1) (a)
Notwithstanding the process for creating a subdistrict established in sections 37-46-112 to 37-46-114, a petition for an election on the organization of a subdistrict
may be filed with the clerk of the court that has jurisdiction over all or part of the
geographic area to be represented by the proposed subdistrict. The petition must
be:
(I) Duly approved by the district's board of directors;
(II) Approved by a unanimous vote of the members of the district's board of
directors who were appointed by the counties that lie wholly or partially within the
boundaries of the proposed subdistrict; and
(III) Signed by at least the lesser of ten percent or two hundred of the
electors living in the geographic area to be represented by the proposed
subdistrict.
(b) The petition must include:
(I) The name of the proposed subdistrict;
(II) A general description of the purpose of the proposed subdistrict
consistent with section 37-46-112 (2). The description need not be given by
measurements and boundaries or by legal subdivision, but it must be sufficient to
enable a property owner to ascertain whether the property owner's property is
within the territory proposed to be organized as a subdistrict. If the proposed
subdistrict is intended to promote one or more of the purposes set forth in section
37-46-101, the territory of the subdistrict need not be contiguous. The boundary of
the proposed subdistrict may include all or any part of any city, county, or city and
county, regardless of size.
(III) A statement whether any part of the proposed subdistrict is included
within the boundaries of an existing subdistrict established under this article and, if
so, a general description of the overlapping geographic area;
(IV) A general designation of any subdivisions of the subdistrict and the
number of directors proposed for each subdivision; and
(V) A formal request for the organization of the subdistrict by the name
proposed and a request to hold an election on the question of the organization of
the subdistrict.
(2) (a) (I) On the day fixed for a hearing on the petition, or at a continuance of
the hearing date, the court shall first ascertain whether the requirements of
subsection (1) of this section have been satisfied.
(II) The court shall not declare a petition with the requisite signatures void on
account of alleged defects in the petition, but may require the petition to be
amended at any time to correct any errors, including an error in the description of
the territory. If duplicate or similar petitions for the organization of a subdistrict are
filed before a hearing is held on the first petition filed, the court shall regard the
first and any duplicate or similar petitions as one petition.
(III) If, at the hearing, it appears that the petition for the organization of a
subdistrict has been signed and presented in conformity with this section and that
the claims of the petition are true, the court, by order entered into the record, shall
direct that the question of the organization of the subdistrict be submitted at an
election within the boundaries of the proposed subdistrict to be held for that
purpose in accordance with the laws of this state for conducting a general election
or a special election held on the first Tuesday in November of an odd-numbered
year.
(b) At an election on the organization of a subdistrict, a voter may vote for or
against the organization of the subdistrict. If a majority of the votes cast at the
election are in favor of the organization of a subdistrict, the court shall declare the
subdistrict organized and give it the corporate name designated in the petition, by
which name it will be known for all proceedings. Upon organization of the
subdistrict, the subdistrict will be a body corporate and political subdivision of the
state of Colorado with all of the powers afforded to a subdistrict or subdivision by
this article.