C.R.S. Section 32-1-707
Order of dissolution

  • conditions attached

(1)

Intentionally left blank —Ed.

(a)

If a majority of the eligible electors voting at the election approve the question of dissolution, the judge shall enter an order dissolving the special district for all purposes or for all purposes except those reserved in the plan, as the case may be.

(b)

The order of dissolution shall:

(I)

State that there are no financial obligations or outstanding bonds or that any such financial obligations or outstanding bonds are adequately secured by escrow funds or securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S.;

(II)

If the special district has financial obligations or outstanding bonds, incorporate the applicable financial provisions of the findings of the court accepting the plan for dissolution entered into pursuant to section 32-1-704 (4);

(III)

Incorporate the applicable service provisions of the findings of the court accepting the plan for dissolution entered into pursuant to section 32-1-704 (3) or (4).

(2)

Intentionally left blank —Ed.

(a)

Whenever the special district will continue in existence pursuant to the provisions of section 32-1-702 (3)(c), the court may provide that all or certain directors of the board of the special district being dissolved remain in office to perform duties pursuant to subsections (3) and (4) of this section. The remaining directors of the board shall not be subject to election. Any vacancies on the board shall be filled by appointment by the court.

(b)

If a portion of the special district being dissolved lies outside the contracting regional service authority, municipality, county, intergovernmental authority formed and operated under part 2 of article 1 of title 29, C.R.S., or other special district providing the services, the court, from time to time, shall appoint directors to the board so that proportionate representation is provided, taking into account the size, population, and valuation for assessment within and without the regional service authority, municipality, county, intergovernmental authority, or other special district.

(c)

If the special district being dissolved lies entirely within the corporate limits of a municipality and such municipality is providing the same services within the area of the special district being dissolved, the court shall order that the governing body of such municipality shall serve as the board of the special district to perform the duties specified in this section.

(3)

If the special district is to continue in existence for the purpose of the payment of financial obligations or outstanding bonds, the order of dissolution shall provide that:

(a)

The board shall be responsible for setting rates, tolls, fees, or charges and certifying to the board of county commissioners the amount of revenue to be raised by the annual mill levy of the special district necessary for payment of the special district’s financial obligations and outstanding bonds; and

(b)

The contracting regional service authority, municipality, county, intergovernmental authority formed and operated under part 2 of article 1 of title 29, C.R.S., or other special district providing the services shall be responsible for fixing the rates, tolls, fees, or charges needed to finance the services being provided pursuant to the provisions of section 32-1-702 (4)(b).

(4)

Intentionally left blank —Ed.

(a)

In any case in which an agreement has been made for continuation of services within the special district pursuant to the provisions of section 32-1-702 (4)(b), the court may authorize the board to continue in existence for the purpose of assuring the performance of any condition of such agreement, including negotiations relating to any future modifications of the agreement, procedures for which are provided in the original agreement for services.

(b)

The court’s order may in such case specify that its jurisdiction over the dissolution continues for the purpose of considering any future modifications of the agreement or other questions concerned with performance of the agreement.

(5)

A certified copy of the order of dissolution shall be filed with the county clerk and recorder of the county or counties in which the special district is located and with the division by the clerk of the court. The costs of such filing shall be paid with remaining funds of the district. If there are no remaining funds of the district, the division may claim the exemption from payment of recording fees imposed in section 30-1-103, C.R.S., at the time the copy of the order is filed for recording.

(6)

The order of dissolution shall be final and conclusive against all persons; except that an action may be instituted by the state of Colorado in the nature of quo warranto commenced within thirty-five days after the order of dissolution. The dissolution of said district shall not be directly or collaterally questioned in any suit, action, or proceeding except as expressly authorized in this subsection (6).

Source: Section 32-1-707 — Order of dissolution - conditions attached, 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

§ 32-1-707’s source at colorado​.gov