(1)(a) In its discretion, the board of
directors, on the behalf and in the name of the district or any subdistrict that 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 confirmation of any power conferred or of any taxes, rates,
including service charges and user fees, or other charges levied or proposed, 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 contr
Free access — add to your briefcase to read the full text and ask questions with AI
(1) (a) In its discretion, the board of
directors, on the behalf and in the name of the district or any subdistrict that 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 confirmation of any power conferred or of any taxes, rates,
including service charges and user fees, or other charges levied or proposed, 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 improvement 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, service charge, user fee, act,
proceeding, or contract is founded and shall be verified by the president of the
board of directors or the board of managers.
(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 and, if said action is
filed for a subdistrict organized in another county, in such county, 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.