C.R.S. Section 37-47-131
Court confirmation

(1)

Intentionally left blank —Ed.

(a)

In its discretion, the board of directors, on the behalf and in the name of the district or any subdistrict which is a party in interest, may file a petition at any time in the district court in and for the county in which the district’s principal office is maintained or, if both the district and one or more subdistricts are parties to the petition, in the district court in and for the county in which any such subdistrict was organized, praying for a judicial examination and determination of any power conferred or of any taxes or rates or other charges levied, or of any act, proceeding, or contract of the district, the subdistrict, or the subdistricts, or any combination thereof, as the case may be, whether or not said contract has been executed, including, without limitation, proposed contracts for the acquisition, improvement, equipment, maintenance, operation, or disposal of any properties or facilities for the benefit of the district, the subdistrict, or the subdistricts, as the case may be, and so including a proposed issue of revenue warrants, revenue bonds, special assessment bonds, or general obligation bonds, issued or to be issued on behalf of any such entity. Such petition shall set forth the facts whereon the validity of such power, tax, assessment, charge, act, proceeding, or contract is founded and shall be verified by the president of the board of directors.

(b)

Such action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication, mail, and posting, as provided in this article. Notice of the filing of the petition shall be given by the clerk of the court, under the seal thereof, stating in brief outline the contents of the petition and also stating where a full copy of any contract therein mentioned may be examined. The notice shall be served by publication at least once a week for five consecutive weeks in a daily or a weekly newspaper of general circulation published in the county in which the principal office of the district is located, by mailing copies of the notice by registered or certified mail, return receipt requested, to the boards of county commissioners of the several counties in which the parties in interest in such action are located wholly or in part, and by posting the same in the office of the district at least thirty days prior to the date fixed in said notice for the hearing on said petition. Jurisdiction shall be complete after such publication, mailing, and posting.

(c)

Any owner of property in the district or any subdistrict filing the petition or any person interested in the contract or proposed contract or in the premises may appear and move to dismiss or answer the petition at any time prior to the date fixed for the hearing or within such further time as may be allowed by the court; and the petition shall be taken as confessed by all persons who fail to appear.

(2)

The petition and notice shall be sufficient to give the court jurisdiction; and, upon hearing, the court shall examine into and determine all matters and things affecting the question submitted and shall make such findings with reference thereto and render such judgment and decree thereon as the case warrants. Costs may be divided or apportioned among any contesting parties in the discretion of the trial court. Review of the judgment of the court may be had as in other similar cases; except that such review must be applied for within thirty days after the time of the rendition of such judgment or within such additional time as may be allowed by the court within thirty days. The Colorado rules of civil procedure shall govern in matters of pleadings and practice where not otherwise specified in this article. The court shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties.

Source: Section 37-47-131 — Court confirmation, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑47‑101
Legislative declaration - rivers named 37‑47‑102
Definitions 37‑47‑103
Creation and name of district 37‑47‑104
Board of directors 37‑47‑105
Allowance for directors 37‑47‑106
Vacancy in office of director 37‑47‑107
Powers of district 37‑47‑108
Principal office - meetings 37‑47‑109
Assessment and levy by board 37‑47‑110
Creation of subdistricts 37‑47‑111
Rules and regulations 37‑47‑112
Procedure for establishment of subdistricts 37‑47‑113
Time and place of hearing on petition 37‑47‑114
Recording of protest - procedure - decree - fee 37‑47‑115
Plan for subdistrict 37‑47‑116
Appointment of appraisers 37‑47‑117
Compensation of appraisers 37‑47‑118
Directors bound by financing plan 37‑47‑119
Assessments - procedure in making 37‑47‑120
Improvement district bonds 37‑47‑121
Assessments constitute perpetual lien 37‑47‑122
Directors to remedy defects in assessments 37‑47‑123
Record of assessments as evidence 37‑47‑124
Defects in notice perfected 37‑47‑125
Contracts of subdistricts 37‑47‑126
Issuance of general obligation bonds and revenue bonds 37‑47‑127
Board to certify assessments 37‑47‑128
Limitations on power to levy and contract 37‑47‑129
Investment of surplus funds 37‑47‑130
Sinking fund 37‑47‑131
Court confirmation 37‑47‑132
Subdistrict furnishing water to nonirrigated land 37‑47‑133
Election to authorize debt 37‑47‑134
Definition of elector 37‑47‑135
Elections 37‑47‑136
Election resolution 37‑47‑137
Conduct of election 37‑47‑138
Notice of election 37‑47‑139
Polling places 37‑47‑140
Election supplies 37‑47‑141
Election returns 37‑47‑142
Debt election contests 37‑47‑143
Covenants and other provisions in bonds 37‑47‑144
Liens on pledged revenues 37‑47‑145
Rights - powers of holders of bonds - trustees 37‑47‑146
Investments and securities 37‑47‑147
Rents and charges 37‑47‑148
Miscellaneous powers 37‑47‑149
Cooperative powers 37‑47‑150
Joint action entity 37‑47‑151
Correlative powers of political subdivisions
Green check means up to date. Up to date

Current through Fall 2024

§ 37-47-131’s source at colorado​.gov