C.R.S. Section 32-1-204
Public hearing on service plan

  • procedures
  • decision

(1)

The board of county commissioners shall provide written notice of the date, time, and location of the hearing to the petitioners and the governing body of any existing municipality or special district that has levied an ad valorem tax within the next preceding tax year and that has boundaries within a radius of three miles of the proposed special district boundaries, which governmental units shall be interested parties for the purposes of this part 2. The board of county commissioners shall make publication of the date, time, location, and purpose of the hearing, the first of which shall be at least twenty days prior to the hearing date. The board of county commissioners shall include in the notice a general description of the land contained within the boundaries of the proposed special district and information outlining methods and procedures pursuant to section 32-1-203 (3.5) concerning the filing of a petition for exclusion of territory; except that, if the hearing is to review a service plan for a health service district, health assurance district, or early childhood development service district, the notice shall not include information regarding filing a petition for exclusion of territory. The publications shall constitute constructive notice to the residents and property owners within the proposed special district who shall also be interested parties at the hearing.

(1.5)

Not more than thirty days nor less than twenty days prior to the hearing held pursuant to this section, the petitioners for the organization of the special district shall send letter notification of the hearing to the property owners within the proposed special district as listed on the records of the county assessor on the date requested unless the petitioners represent one hundred percent of the property owners. The notification shall indicate that it is a notice of a hearing for the organization of a special district and shall indicate the date, time, location, and purpose of such hearing, a reference to the type of special district, the maximum mill levy, if any, or stating that there is no maximum that may be imposed by the proposed special district, and procedures for the filing of a petition for exclusion pursuant to section 32-1-203 (3.5). Except when no mailing is required, the mailing of the letter notification to all addresses or post office box addresses within the proposed special district shall constitute a good-faith effort to comply with this subsection (1.5), and failure to notify all electors thereby shall not provide grounds for a challenge to the hearing being held.

(2)

Intentionally left blank —Ed.

(a)

If there is a county planning commission or a regional planning commission in lieu thereof, the service plan submitted by the petitioners for the organization of the proposed special district shall be delivered by the county clerk and recorder to such planning commission. The county planning commission or regional planning commission shall study such service plan and present its recommendations consistent with this part 2 to the board of county commissioners within thirty days following the filing of the service plan with the county clerk and recorder.

(b)

Notwithstanding subsection (2)(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 delivered to the planning commission for study or recommendations unless specifically requested by the petitioners. If the petitioners do not request that the service plan be delivered to the planning commission, the clerk and recorder shall deliver the service plan to the board of county commissioners and the planning commission shall not be required to study the service plan or to present recommendations to the board of county commissioners pursuant to subsection (2)(a) of this section.

(3)

The hearing held by the board of county commissioners shall be open to the public, and a record of the proceedings shall be made. All interested parties as defined in this section shall be afforded an opportunity to be heard under such rules of procedure as may be established by the board of county commissioners. Any testimony or evidence which in the discretion of the board of county commissioners is relevant to the organization of the proposed special district shall be considered.

(4)

Within twenty days after the completion of the hearing, the board of county commissioners shall advise the petitioners for the organization of the proposed special district in writing of its action on the service plan. If the service plan is approved as submitted, a resolution of approval shall be issued to the petitioners. If the service plan is disapproved, the specific detailed reasons for such disapproval shall be set forth in writing. If the service plan is conditionally approved, the changes or modifications to be made in, or additional information relating to, the service plan, together with the reasons for such changes, modifications, or additional information, shall also be set forth in writing, and the proceeding shall be continued until such changes, modifications, or additional information is incorporated in the service plan. Upon the incorporation of such changes, modifications, or additional information in the service plan of the proposed special district, the board of county commissioners shall issue a resolution of approval to the petitioners.

Source: Section 32-1-204 — Public hearing on service plan - procedures - decision, 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

§ 32-1-204’s source at colorado​.gov