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