C.R.S. Section 32-1-304.5
Court hearing not required

  • health service district
  • health assurance district

(1)

If the petition for organization filed with the court pursuant to section 32-1-301 is for a health service district or health assurance district, the court shall not hold a hearing or provide notice pursuant to section 32-1-304. In lieu of holding a hearing, the court shall review the petition for a health service district or health assurance district and the additional information submitted to the court pursuant to section 32-1-301. In addition, the court shall review the findings of the board of county commissioners pursuant to section 32-1-205 or the findings of the court pursuant to section 32-1-206, as applicable.

(2)

The court shall complete the review of information required pursuant to subsection (1) of this section within thirty calendar days of receipt of the petition for a health service district or health assurance district. Within such period, the court shall determine whether the persons proposing the petition have complied with all of the statutory requirements for proposing a special district and that the required number of taxpaying electors of the proposed special district have signed the petition.

(3)

If the court finds that the petition has not been signed and presented in conformity with this part 3, the court shall either dismiss said proceedings and adjudge the costs against the signers of the petition in the proportion it deems just and equitable or allow the petitioners an opportunity to correct any technical defects in the petition and refile the petition with the court. No appeal or other remedy shall lie from an order dismissing said proceedings. Nothing in this subsection (3) shall be construed to prevent the filing of a subsequent petition for similar improvements or for a similar special district, and the right to renew such proceedings is hereby expressly granted and authorized.

(4)

The court shall not accept or act upon petitions filed by an owner of any real property within a proposed health service district or health assurance district stating reasons why the property should not be included therein and requesting that the property be excluded therefrom.

(5)

If the court concludes that a petition for the organization of a health service district or health assurance district has been signed and presented in conformity with this part 3 and that the allegations of the petition are true, the court, by order duly entered of record, shall direct that the question of the organization of the special district be submitted at an election to be held for that purpose in accordance with the provisions of articles 1 to 13 of title 1, C.R.S. In such event, the provisions of section 32-1-305 (5), (6), and (7) shall apply to the election.

Source: Section 32-1-304.5 — Court hearing not required - health service district - health assurance district, 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
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Current through Fall 2024

§ 32-1-304.5’s source at colorado​.gov