§ 37-50-123 — Court confirmation

(1) (a) The board, on behalf and in the name
of the district, 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, 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, whether
or not the 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, 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. The petition shall set forth the facts on which the validity of such power, tax,
assessment, charge, act, proceeding, or contract is founded and shall be verified by
the president of the board.

(b) An action taken pursuant to paragraph (a) of this subsection (1) 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 of the court,
stating in brief outline the contents of the petition and also stating where a full
copy of any contract mentioned in the petition 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 notice in the office of the district
at least thirty days before the date fixed in the notice for the hearing on the
petition. Jurisdiction shall be complete after such publication, mailing, and posting.

(c) Any owner of property in the district filing a petition pursuant to this
subsection (1) or any person interested in the petition, contract, or proposed
contract may appear and move to dismiss or answer the petition at any time before
the date fixed for the hearing or within such further time as may be allowed by the
court. All persons who fail to appear shall be deemed to have consented to the
petition.

(2) The petition and notice shall be sufficient to give the court jurisdiction.
Upon hearing the petition, the court shall examine and determine all matters and
things affecting the question submitted and shall make such findings and render
such judgment and decree 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 shall 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 pleading and practice where not otherwise specified in this article. The
court shall disregard any error, irregularity, or omission that does not affect the
substantial rights of the parties.

Legislative History

Source: L. 2004: Entire article added, p. 1917, � 1, effective August 4.