(1)(a) In its discretion, the board of
directors, on the behalf and in the name of the district or any subdistrict which is a
party in interest, may file a petition at any time in the district court in and for the
county in which the district's principal office is maintained or, if both the district
and one or more subdistricts are parties to the petition, in the district court in and
for the county in which any such subdistrict was organized, praying for a judicial
examination and determination of any power conferred or of any taxes or rates or
other charges levied, or of any act, proceeding, or contract of the district, the
subdistrict, or the subdistricts, or any combination thereof, as the case may be,
whether or not said contract has been executed, including, without limitat
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(1) (a) In its discretion, the board of
directors, on the behalf and in the name of the district or any subdistrict which is a
party in interest, may file a petition at any time in the district court in and for the
county in which the district's principal office is maintained or, if both the district
and one or more subdistricts are parties to the petition, in the district court in and
for the county in which any such subdistrict was organized, praying for a judicial
examination and determination of any power conferred or of any taxes or rates or
other charges levied, or of any act, proceeding, or contract of the district, the
subdistrict, or the subdistricts, or any combination thereof, as the case may be,
whether or not said contract has been executed, including, without limitation,
proposed contracts for the acquisition, improvement, equipment, maintenance,
operation, or disposal of any properties or facilities for the benefit of the district,
the subdistrict, or the subdistricts, as the case may be, and so including a proposed
issue of revenue warrants, revenue bonds, special assessment bonds, or general
obligation bonds, issued or to be issued on behalf of any such entity. Such petition
shall set forth the facts whereon the validity of such power, tax, assessment,
charge, act, proceeding, or contract is founded and shall be verified by the
president of the board of directors.
(b) Such action shall be in the nature of a proceeding in rem, and jurisdiction
of all parties interested may be had by publication, mail, and posting, as provided in
this article. Notice of the filing of the petition shall be given by the clerk of the
court, under the seal thereof, stating in brief outline the contents of the petition and
also stating where a full copy of any contract therein mentioned may be examined.
The notice shall be served by publication at least once a week for five consecutive
weeks in a daily or a weekly newspaper of general circulation published in the
county in which the principal office of the district is located, by mailing copies of
the notice by registered or certified mail, return receipt requested, to the boards of
county commissioners of the several counties in which the parties in interest in such
action are located wholly or in part, 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, mailing, and
posting.
(c) Any owner of property in the district or any subdistrict filing the petition
or any person interested in the contract or proposed contract or in the premises
may appear and move to dismiss or answer the petition at any time prior to the date
fixed for the 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 and 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 pleadings and practice where not otherwise
specified in this article. The court shall disregard any error, irregularity, or omission
which does not affect the substantial rights of the parties.