C.R.S. Section 32-4-409
Inclusion of incorporated areas

(1)

The municipalities as defined in this part 4 shall be eligible for inclusion in a metropolitan water district if such municipality is contiguous to the area encompassed by the district or is a territory which may feasibly become a part of the district as determined by the board of directors.

(2)

The governing body of such municipality shall, before finally enacting an ordinance declaring that the public convenience and necessity, require the inclusion of a part or all of the territory within the boundaries of such municipality into such metropolitan water district. Said resolution or ordinance shall set forth boundaries of the territory proposed to be included, except that:

(a)

The governing body of such municipality, before finally adopting such resolution or enacting such ordinance, shall cause a notice of public hearing to be published, which public hearing shall be held not less than twenty days nor more than forty days from the date of first publication, and shall state the time and place of such hearing, and that the matter of inclusion in a metropolitan water district will be considered.

(b)

The governing body shall hold a public hearing at the time and place stated in the notice. In determining whether the territory shall be included in the district, the governing body shall consider the present and future needs and requirements of the municipality proposed to be included. Upon the effective date of such ordinance or resolution, the clerk of the governing body of such municipality shall forthwith transmit a certified copy thereof to the board of directors of such district and to the division of local government in the department of local affairs.

(3)

Within sixty days after receipt of a copy of such resolution, the board of directors of such district may enact a similar resolution setting forth the same boundaries and upon the effective date of said resolution shall cause a certified copy thereof to be transmitted to the division of local government and to the clerk of the governing body of such municipality. The director of said division, upon receipt of a copy of a resolution of the board of directors of such district, shall forthwith issue a certificate reciting that the territory described in such resolution has been duly added to the district according to the laws of the state of Colorado. The inclusion of such territory shall be deemed effective upon the date of issuance of such certificate, and the validity of such inclusion shall be incontestable in any suit or proceeding which shall not have been commenced within three months from such date. The director of said division shall forthwith transmit to the governing body of such municipality and to the board of directors of such district a copy of such certificate, and the clerk of such governing body shall forthwith record such copy in the office of the clerk and recorder of the county in which such municipality is located.

Source: Section 32-4-409 — Inclusion of incorporated areas, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-32.­pdf (accessed Oct. 20, 2023).

32‑4‑401
Legislative declaration 32‑4‑402
Definitions 32‑4‑403
Purpose, boundaries, and powers 32‑4‑404
Organization 32‑4‑405
Board of directors 32‑4‑406
Powers of districts 32‑4‑407
Inclusion of territory 32‑4‑408
Unincorporated territory 32‑4‑409
Inclusion of incorporated areas 32‑4‑410
Exclusion of unincorporated areas 32‑4‑411
Exclusion election 32‑4‑412
Exclusion of incorporated areas 32‑4‑413
Liability of property included 32‑4‑414
Liability of property excluded 32‑4‑415
Budget law 32‑4‑416
Dissolution of district 32‑4‑501
Legislative declaration 32‑4‑502
Definitions 32‑4‑503
Liberal construction 32‑4‑504
Sufficiency of part 5 32‑4‑505
Limitation on scope of part 5 32‑4‑506
Purpose, boundaries, and powers 32‑4‑507
Powers of public bodies 32‑4‑508
Organization 32‑4‑509
Board of directors 32‑4‑510
Powers of the district 32‑4‑511
Levy and collection of taxes 32‑4‑512
Boundary changes - liability of property 32‑4‑513
Inclusion of territory 32‑4‑514
Annexation and consolidation of territory by municipalities 32‑4‑515
Exclusion of territory 32‑4‑516
Service of areas outside the boundaries of the district 32‑4‑517
Dissolution of districts 32‑4‑518
Elections 32‑4‑519
Authorization 32‑4‑520
Correction of faulty notices 32‑4‑521
Early hearings 32‑4‑522
Rates and service charges 32‑4‑523
Form of borrowing 32‑4‑524
Payment of securities 32‑4‑525
Incontestable recital in securities 32‑4‑526
Security details 32‑4‑527
Sale of securities 32‑4‑528
Application of proceeds 32‑4‑529
Covenants in security proceedings 32‑4‑530
Remedies of security holders 32‑4‑531
Cancellation of paid securities 32‑4‑532
Interest after maturity 32‑4‑533
Refunding bonds 32‑4‑534
Cumulative rights of security holders 32‑4‑535
Issuance of notes and pledge of bonds as collateral security 32‑4‑536
Connections with existing drains and pumping stations 32‑4‑537
Connections with drains serving property - service charges 32‑4‑538
Construction of other sewage disposal systems prohibited 32‑4‑539
Publication of resolution or proceedings - effect - right to contest legality - time limitation 32‑4‑540
Confirmation of contract proceedings 32‑4‑541
Preliminary expenses 32‑4‑542
Tax exemption 32‑4‑543
Freedom from judicial process 32‑4‑544
Legal investments in securities 32‑4‑545
Misdemeanors and civil rights 32‑4‑546
Validation 32‑4‑547
Effect of and limitations upon validation
Green check means up to date. Up to date

Current through Fall 2024

§ 32-4-409’s source at colorado​.gov