§ 37-6-102 — Union of districts

Colorado § 37-6-102

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Intercorporate Relations and Jurisdiction

Text

(1) In case two or more districts have been
organized under articles 1 to 8 of this title in a territory which, in the opinion of the
directors of each of the districts, should constitute but one district, the board of
directors of the districts may petition the court for an order uniting said districts
into a single district; but if such districts are contiguous, such petition may be
signed and presented by the directors of any one of such contiguous districts. Said
petition shall be filed in the office of the clerk of the district court in and for that
county which has the greatest valuation of real property within the districts sought
to be included, as shown by the tax rolls of the respective counties. Said petition
shall set forth facts showing that the purposes of articles 1 to 8 of this title would
be subserved by the union of said districts and that such union would promote the
economical execution of the purposes for which the districts were organized.

(2) Upon the filing of said petition the court shall by order fix a time and
place of hearing, and thereupon the clerk shall give notice by publication or by
personal service to the boards of directors of the districts which it is desired to
unite with the district of the petitioners. Such notice shall contain the time and
place where the hearing on the petition will be had and the purpose of the same,
and under the provisions of section 37-2-105, in case the said two or more districts
sought to be united severally include a part of the territory within two or more
counties. Such hearing shall be had in accordance with the provisions of articles 1 to
8 of this title as to the hearing upon petition for the formation of a conservancy
district.

(3) After the hearing, if the court finds that the averments of the petition are
true and that the said districts, or any of them, should be united, it shall so order,
and thereafter such districts shall be united into one district and proceed as such.
The court shall designate the corporate name of such united district, and such
further proceedings shall be taken as provided for in articles 1 to 8 of this title. The
court shall in such order appoint the directors of such united district who shall
thereafter have such powers and be subject to such regulations as are provided for
directors in districts created in the first instance. All legal proceedings already
instituted by or against any of such constituent districts may be revived and
continued against such united district by an order of court substituting the name of
such united district for such constituent districts, and such proceedings shall then
continue accordingly.

(4) Instead of organizing a new district from such constituent districts, the
court may, in its discretion, direct that one or more of such districts described in the
petition be included in another of said districts, which other shall continue under its
original corporate name and organization, or it may direct that the district or
districts so absorbed shall be represented on the board of directors of the original
district, designating what members of the board of directors of the original district
shall be retired from the new board and what members representing the included
district or districts shall take their places; or it may direct that the included district
or districts shall become subdistricts of the main district.

Legislative History

Source: L. 22: p. 65, � 60. C.L. � 9574. CSA: C. 138, � 185. CRS 53: � 30-6-2. C.R.S. 1963: � 29-6-2.