C.R.S. Section 32-7-138
Transfer and assumption of services

(1)

Unless another date is provided in this article or the proposition for assumption of a service by a service authority or agreed to by the board and any local governmental unit from which the service is to be transferred, those services being assumed and those rights, properties, and other assets and liabilities of said local governmental unit incident to the service transferred and assumed shall be transferred to and assumed by the service authority on the second January 1 after authorization of the transfer of said service.

(2)

Where a local governmental unit providing part or all of the service being transferred to and assumed by the service authority is located partly within and partly without the service authority, the board, after notice by publication and hearing, shall determine which of the rights, properties, and other assets and liabilities shall be transferred to and assumed by the service authority. The board’s determination shall be based on a fair and equitable allocation of rights, properties, and other assets and liabilities. Adequate provision shall be made for payment of outstanding indebtedness as it becomes due, and no such transfer and assumption shall deprive residents of a local governmental unit of any existing services necessary for their health, welfare, and safety.

(3)

The plan of distribution provided for in subsection (2) of this section shall be final and conclusive against all persons unless an action is brought by the local governmental unit from which such rights, properties, and other assets and liabilities are to be transferred in the district court having jurisdiction over formation of the service authority within thirty days after adoption of said plan. All proceedings pursuant to this subsection (3) shall be advanced as a matter of immediate public interest and concern and heard at the earliest practical moment. No such plan shall be directly or collaterally questioned in any suit, action, or proceeding, except as expressly authorized in this subsection (3).

(4)

Where a service is to be provided by the service authority by contract with one or more other local governmental units, any transfer to and assumption by the service authority of any rights, properties, and other assets and liabilities shall be to the extent and as provided by contract between the board and the other local governmental unit or units.

Source: Section 32-7-138 — Transfer and assumption of services, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-32.­pdf (accessed Oct. 20, 2023).

32‑7‑101
Short title 32‑7‑102
Legislative declaration 32‑7‑103
Definitions 32‑7‑104
Territorial requirements for service authorities 32‑7‑105
Petition or resolution for formation - designation of services 32‑7‑106
Priority of petition or resolution 32‑7‑107
Court appoints an organizational commission and election committee 32‑7‑108
Service authority organizational commission 32‑7‑109
Election for formation, selection of services, and initial board of directors 32‑7‑110
Board of directors 32‑7‑111
Designation of services 32‑7‑112
Local authorization of functions, services, and facilities 32‑7‑113
General powers 32‑7‑114
Duties related to planning powers 32‑7‑115
Ancillary powers 32‑7‑116
Powers to be exercised without franchise - condition 32‑7‑117
Revenues of service authority - collection 32‑7‑118
Levy and collection of taxes 32‑7‑119
Levies to cover deficiencies 32‑7‑120
Power to issue revenue bonds - terms 32‑7‑121
Power to incur indebtedness - interest - maturity - denominations 32‑7‑122
Debt question submitted to electors - resolution 32‑7‑123
Effect - subsequent elections 32‑7‑124
Correction of faulty notices 32‑7‑125
Refunding bonds 32‑7‑126
Limitations upon issuance 32‑7‑127
Use of proceeds of refunding bonds 32‑7‑128
Combination of refunding and other bonds 32‑7‑129
Board’s determination final 32‑7‑130
Anticipation warrants 32‑7‑131
Inclusion - counties - municipality - existing service authority - procedures 32‑7‑132
Special taxing districts authorized 32‑7‑133
Formation of special taxing districts 32‑7‑134
Local improvement districts authorized 32‑7‑135
Procedures to establish local improvement districts 32‑7‑136
Special districts - transfer of responsibility 32‑7‑137
Special districts - formation within service authority territory forbidden 32‑7‑138
Transfer and assumption of services 32‑7‑139
Payments for facilities acquired by regional service authority - valuation 32‑7‑140
Public transportation 32‑7‑141
Sewage collection, treatment, and disposal 32‑7‑142
Urban drainage and flood control 32‑7‑143
Assumption of services by a service authority in the Denver metropolitan area 32‑7‑144
Dissolution 32‑7‑145
Early hearings 32‑7‑146
Elections
Green check means up to date. Up to date

Current through Fall 2024

§ 32-7-138’s source at colorado​.gov