C.R.S. Section 32-1-202
Filing of service plan required

  • report of filing
  • contents
  • fee

(1)

Intentionally left blank —Ed.

(a)

Persons proposing the organization of a special district, except for a special district that is contained entirely within the boundaries of a municipality and subject to the provisions of section 32-1-204.5, shall submit a service plan to the board of county commissioners of each county that has territory included within the boundaries of the proposed special district prior to filing a petition for the organization of the proposed special district in any district court. The service plan shall be filed with the county clerk and recorder for the board of county commissioners at least ten days prior to a regular meeting of the board of county commissioners, the division, and the state auditor. Within five days after the filing of any service plan, the county clerk and recorder, on behalf of the board of county commissioners, shall report to the division on forms furnished by the division the name and type of the proposed special district for which the service plan has been filed. If required by county policy adopted pursuant to the procedure provided in section 30-28-112, C.R.S., the service plan shall be referred to the planning commission which shall consider and make a recommendation on the service plan to the board of county commissioners within thirty days after the plan was filed with the county clerk and recorder. At the next regular meeting of the board of county commissioners that is held at least ten days after the final planning commission action on the service plan, the board of county commissioners shall set a date within thirty days of the meeting for a public hearing on the service plan of the proposed special district. The board of county commissioners shall provide written notice of the date, time, and location of the hearing to the division. The board of county commissioners may continue the hearing for a period not to exceed thirty days unless the proponents of the special district and the board agree to continue the hearing for a longer period.

(b)

Notwithstanding the requirements of subsection (1)(a) of this section, the service plan of a proposed health service district, health assurance district, or early childhood development service district shall not be referred to the county planning commission for consideration or recommendations. At the next regular meeting of the board of county commissioners that is held at least ten days after the filing of the service plan with the county clerk and recorder, the board of county commissioners shall set a date within thirty days of such filing for a public hearing on the service plan of the proposed district. The board of county commissioners shall provide written notice of the meeting pursuant to subsection (1)(a) of this section.

(2)

The service plan shall contain the following:

(a)

A description of the proposed services;

(b)

A financial plan showing how the proposed services are to be financed, including the proposed operating revenue derived from property taxes for the first budget year of the district, which shall not be materially exceeded except as authorized pursuant to section 32-1-207 or 29-1-302, C.R.S. All proposed indebtedness for the district shall be displayed together with a schedule indicating the year or years in which the debt is scheduled to be issued. The board of directors of the district shall notify the board of county commissioners or the governing body of the municipality of any alteration or revision of the proposed schedule of debt issuance set forth in the financial plan.

(c)

A preliminary engineering or architectural survey showing how the proposed services are to be provided;

(d)

A map of the proposed special district boundaries and an estimate of the population and valuation for assessment of the proposed special district;

(e)

A general description of the facilities to be constructed and the standards of such construction, including a statement of how the facility and service standards of the proposed special district are compatible with facility and service standards of any county within which all or any portion of the proposed special district is to be located, and of municipalities and special districts which are interested parties pursuant to section 32-1-204 (1);

(f)

A general description of the estimated cost of acquiring land, engineering services, legal services, administrative services, initial proposed indebtedness and estimated proposed maximum interest rates and discounts, and other major expenses related to the organization and initial operation of the district;

(g)

A description of any arrangement or proposed agreement with any political subdivision for the performance of any services between the proposed special district and such other political subdivision, and, if the form contract to be used is available, it shall be attached to the service plan;

(h)

Information, along with other evidence presented at the hearing, satisfactory to establish that each of the criteria set forth in section 32-1-203, if applicable, is met;

(i)

Such additional information as the board of county commissioners may require by resolution on which to base its findings pursuant to section 32-1-203;

(j)

For a mental health-care service district, any additional information required by section 32-17-107 (2) that is not otherwise required by paragraphs (a) to (i) of this subsection (2);

(k)

For a health assurance district, any additional information required by section 32-19-106 (2) that is not otherwise required by paragraphs (a) to (i) of this subsection (2);

(l)

For an early childhood development service district, any additional information required by section 32-21-105 (2) that is not otherwise required by subsections (2)(a) to (2)(i) of this section.

(m)

For a metropolitan district that submits a service plan to one or more boards of county commissioners pursuant to this section on or after January 1, 2024, the maximum mill levy that may be imposed for the payment of general obligation indebtedness, as determined by the board of county commissioners of each county that is approving the service plan.

(n)

For a metropolitan district that submits a service plan to one or more boards of county commissioners pursuant to this section on or after January 1, 2024, the maximum debt that may be issued by the district, as determined by the board of county commissioners of each county that is approving the service plan.

(2.1)

No service plan shall be approved if a petition objecting to the service plan and signed by the owners of taxable real and personal property, which property equals more than fifty percent of the total valuation for assessment of all taxable real and personal property to be included in such district, is filed with the board of county commissioners no later than ten days prior to the hearing under section 32-1-204, unless such property has been excluded by the board of county commissioners under section 32-1-203 (3.5).

(3)

Each service plan filed shall be accompanied by a processing fee set by the board of county commissioners not to exceed five hundred dollars, which shall be deposited into the county general fund; except that the board of county commissioners may waive such fee. Such processing fee shall be utilized to reimburse the county for reasonable direct costs related to processing such service plan and the hearing prescribed by section 32-1-204, including the costs of notice, publication, and recording of testimony. If the board of county commissioners determines that special review of the service plan is required, the board may impose an additional fee to reimburse the county for reasonable direct costs related to such special review. If the board imposes such an additional fee, it shall not be less than five hundred dollars, and it shall not exceed one one-hundredth of one percent of the total amount of the debt to be issued by the district as indicated in the service plan or the amended service plan or ten thousand dollars, whichever is less. The board may waive all or any portion of the additional fee.

(4)

In the case of a proposed health service district, submission to the board of county commissioners by the petitioners of a license or certificate of compliance or evidence of a pending application for a license or certificate of compliance issued by the department of public health and environment shall constitute compliance with subsection (2) of this section.

Source: Section 32-1-202 — Filing of service plan required - report of filing - contents - fee, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-32.­pdf (accessed Oct. 20, 2023).

32‑1‑101
Short title 32‑1‑102
Legislative declaration 32‑1‑103
Definitions 32‑1‑104
Establishment of a special districts file 32‑1‑104.5
Audit and budget requirements - election results - description on state websites 32‑1‑104.8
Information statement regarding taxes and debt 32‑1‑105
Notice of organization, dissolution, name change, or boundary change 32‑1‑106
Repetitioning of elections - time limits 32‑1‑107
Service area of special districts 32‑1‑108
Correction of faulty notices 32‑1‑109
Early hearings 32‑1‑110
Construction with other laws 32‑1‑111
Validation of special districts - bonds 32‑1‑112
Validation of boundaries of metropolitan districts 32‑1‑113
Liberal construction 32‑1‑201
Applicability 32‑1‑202
Filing of service plan required - report of filing - contents - fee 32‑1‑203
Action on service plan - criteria 32‑1‑204
Public hearing on service plan - procedures - decision 32‑1‑204.5
Approval by municipality 32‑1‑204.7
Approval by an annexing municipality 32‑1‑205
Resolution of approval required 32‑1‑206
Judicial review 32‑1‑207
Compliance - modification - enforcement 32‑1‑208
Statement of purposes - districts without service plans 32‑1‑209
Submission of information 32‑1‑301
Petition for organization 32‑1‑302
Bond of petitioners 32‑1‑303
Court jurisdiction - transfer of file - judge not disqualified 32‑1‑304
Notice of court hearing 32‑1‑304.5
Court hearing not required - health service district - health assurance district 32‑1‑305
Court hearing - election - declaration of organization 32‑1‑305.5
Organizational election - new special district - first directors 32‑1‑306
Filing decree 32‑1‑307
Park and recreation districts - metropolitan districts providing parks and recreational facilities or programs - exclusion proviso 32‑1‑308
Applicability of article to existing districts and validation - districts being organized 32‑1‑401
Inclusion of territory - procedure 32‑1‑401.5
Fire protection districts - inclusion of personalty 32‑1‑402
Effect of inclusion order 32‑1‑501
Exclusion of property by fee owners or board - procedure 32‑1‑502
Exclusion of property within municipality - procedure 32‑1‑503
Effect of exclusion order 32‑1‑601
Definitions 32‑1‑602
Procedure for consolidation 32‑1‑602.5
Consolidation and review by administrative action 32‑1‑603
Procedure after consolidation election 32‑1‑604
Advisory board members 32‑1‑605
Special election provisions for consolidated districts 32‑1‑606
Bonded indebtedness of consolidated districts 32‑1‑606.5
Elector approval of financial obligations of consolidating districts 32‑1‑607
Powers 32‑1‑608
Subsequent consolidations 32‑1‑701
Initiation - petition - procedure 32‑1‑702
Requirements for dissolution petition 32‑1‑703
Notice of filing petition 32‑1‑704
Conditions necessary for dissolution - permissible provisions - hearings - court powers 32‑1‑705
Election notice 32‑1‑706
Conduct of election 32‑1‑707
Order of dissolution - conditions attached 32‑1‑708
Disposition of remaining funds - unpaid tax or levies 32‑1‑709
Dissolution of health service district - limitation 32‑1‑710
Dissolution by administrative action 32‑1‑801
Legislative declaration - applicability 32‑1‑802
Acts and elections conducted pursuant to provisions which refer to qualified electors 32‑1‑803
Acts and elections conducted pursuant to provisions which refer to registered electors 32‑1‑803.5
Organizational election - new special district 32‑1‑804
Board to conduct elections - combined election - time for special election 32‑1‑805.5
Ranked voting methods 32‑1‑806
Persons entitled to vote at special district elections 32‑1‑807
Nonapplicability of criminal penalties 32‑1‑808
Transfer of property title to qualify electors - limitations - validation 32‑1‑809
Notice to electors 32‑1‑901
Oath or affirmation and bond of directors 32‑1‑902
Organization of board - compensation - disclosure 32‑1‑902.5
Increasing the number of board members 32‑1‑902.7
Director districts 32‑1‑903
Meetings - definitions 32‑1‑904
Office 32‑1‑905
Vacancies 32‑1‑906
Directors subject to recall - applicability of laws 32‑1‑907
Recall election - resignation 32‑1‑908
Recall procedures 32‑1‑909
Recall petition - designated election official - approval as to form - definition 32‑1‑910
Petition in sections - signing - affidavit - review - tampering with petition 32‑1‑911
Resignation - vacancy filled - election - ballot - nomination 32‑1‑912
Incumbent not recalled - reimbursement - definition 32‑1‑913
Second recall petition 32‑1‑914
Powers of designated election official and county clerk and recorder 32‑1‑915
Costs of recall 32‑1‑1001
Common powers - definitions 32‑1‑1002
Fire protection districts - additional powers and duties 32‑1‑1003
Health service districts - additional powers 32‑1‑1003.5
Health assurance districts - additional powers - legislative declaration - definitions 32‑1‑1004
Metropolitan districts - additional powers and duties 32‑1‑1005
Park and recreation districts - additional powers - limitations 32‑1‑1006
Sanitation, water and sanitation, or water districts - additional powers - special provisions 32‑1‑1007
Ambulance districts - additional powers - special provisions 32‑1‑1008
Tunnel districts - additional powers - special provisions 32‑1‑1009
Regional tourism projects 32‑1‑1101
Common financial powers - definition 32‑1‑1101.5
Special district debt - quinquennial findings of reasonable diligence 32‑1‑1101.7
Establishment of special improvement districts within the boundaries of a special district 32‑1‑1103
Special financial provisions - health service districts 32‑1‑1105
Special financial provisions - tunnel districts 32‑1‑1106
Special financial provisions - metropolitan districts that provide fire protection, parks or recreational facilities or programs, street improvement, safety protection, or transportation services 32‑1‑1201
Procedure 32‑1‑1202
County officers to levy and collect - lien 32‑1‑1203
Sale for delinquencies 32‑1‑1204
Liability of property included or excluded from district 32‑1‑1301
Legislative declaration - applicability 32‑1‑1302
Refunding bonds 32‑1‑1303
Limitations upon issuance 32‑1‑1304
Use of proceeds of refunding bonds 32‑1‑1305
Combination of refunding and other bonds 32‑1‑1306
Board’s determination final 32‑1‑1307
Construction of part 13 32‑1‑1401
Legislative declaration 32‑1‑1402
Definitions 32‑1‑1403
Petition 32‑1‑1403.5
Notice and hearing by board 32‑1‑1404
Powers 32‑1‑1405
Powers not limited by this part 14 32‑1‑1406
Validation of bankruptcy filings and approvals 32‑1‑1601
Legislative declaration 32‑1‑1602
Definitions 32‑1‑1603
Separate mill levies - certification to county commissioners 32‑1‑1604
Recording 32‑1‑1605
Limitations on actions - prior law 32‑1‑1701
Legislative declaration 32‑1‑1702
New business facilities - expanded or existing business facilities - incentives - limitations - authority to exceed revenue-raising limitation 32‑1‑1801
Short title 32‑1‑1802
Legislative declaration 32‑1‑1803
Definitions 32‑1‑1804
Integrated project delivery contracts - authorization - effect of other laws 32‑1‑1805
Integrated project delivery contracting process - prequalification of participating entities - apprentice training 32‑1‑1806
Requests for proposals - evaluation and award of integrated project delivery contracts 32‑1‑1807
Supplemental provisions
Green check means up to date. Up to date

Current through Fall 2024

§ 32-1-202’s source at colorado​.gov