C.R.S. Section 37-48-113
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 that 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 confirmation of any power conferred or of any taxes, rates, including service charges and user fees, or other charges levied or proposed, 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 improvement 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, service charge, user fee, act, proceeding, or contract is founded and shall be verified by the president of the board of directors or the board of managers.

(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 and, if said action is filed for a subdistrict organized in another county, in such county, 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 37-48-113 — Court confirmation, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑48‑101
Legislative declaration
37‑48‑101.3
Definitions
37‑48‑102
Creation and name of district
37‑48‑103
Board of directors
37‑48‑104
Employees
37‑48‑105
Powers of district
37‑48‑106
Principal office - meetings
37‑48‑107
Assessment and levy by board
37‑48‑108
Creation of subdistricts
37‑48‑109
Compensation of directors
37‑48‑110
Limitations on power to levy and contract
37‑48‑111
Investment of surplus funds
37‑48‑112
Rules
37‑48‑113
Court confirmation
37‑48‑114
Petition
37‑48‑115
Notice and hearing on petition
37‑48‑116
Election resolution
37‑48‑117
Conduct of election
37‑48‑118
Notice of election
37‑48‑119
Polling places
37‑48‑120
Election supplies
37‑48‑121
Election returns
37‑48‑122
Expenses of election - appropriation
37‑48‑123
Procedure for establishment of subdistricts
37‑48‑124
Time and place of hearing on petition
37‑48‑125
Filing of protest - procedure - decree - fee
37‑48‑126
Official plan for subdistrict
37‑48‑127
Execution of plans
37‑48‑128
Contracts
37‑48‑129
Surveys and examinations
37‑48‑130
Cooperation with United States or other agencies
37‑48‑131
Access to lands - penalty
37‑48‑132
Removal of structures
37‑48‑133
Passing equipment through bridge or grade
37‑48‑134
Functions and duties of board of managers
37‑48‑135
Retention of personnel
37‑48‑136
Appointment of appraisers
37‑48‑137
Appraisals
37‑48‑138
Report of appraisers - special improvement bonds
37‑48‑139
Notice of hearing on appraisals
37‑48‑140
Hearing on appraisals
37‑48‑141
Decree on appraisals
37‑48‑142
Filing decree
37‑48‑143
Validation of irregular proceedings
37‑48‑144
Compensation of appraisers
37‑48‑145
Preliminary fund
37‑48‑146
Power to borrow money for the preliminary fund
37‑48‑147
Directors bound by financing plan
37‑48‑148
Special assessments - procedure in making
37‑48‑149
Special improvement bonds
37‑48‑150
Manner of collection - tax sale - certificate of purchase - tax deed
37‑48‑151
Collection by civil action
37‑48‑152
Special improvement assessments constitute perpetual lien
37‑48‑153
Directors to remedy defects - special improvement assessments - special assessments
37‑48‑154
Records of assessments, service charges, or user fees as evidence
37‑48‑155
Defects in notice perfected
37‑48‑156
Contracts of subdistricts
37‑48‑157
Issuance of general obligation bonds - revenue bonds
37‑48‑158
Board to certify tax assessments
37‑48‑159
Sinking fund
37‑48‑160
Subdistrict budget
37‑48‑175
Election to authorize debt
37‑48‑176
Definition of elector
37‑48‑177
Elections
37‑48‑178
Election resolution
37‑48‑179
Conduct of election
37‑48‑180
Notice of election
37‑48‑181
Polling places
37‑48‑182
Election supplies
37‑48‑183
Election returns
37‑48‑184
Debt election contests
37‑48‑185
Covenants and other provisions in bonds
37‑48‑186
Liens on pledged revenues
37‑48‑187
Rights - powers of holders of bonds - trustees
37‑48‑188
Investments and securities
37‑48‑189
Rents and charges
37‑48‑190
Miscellaneous powers
37‑48‑191
Cooperative powers
37‑48‑192
Joint action entity
37‑48‑193
Correlative powers of political subdivisions
37‑48‑194
Refunding
37‑48‑195
Costs - board of managers to concur
Green check means up to date. Up to date

Current through Fall 2024

§ 37-48-113’s source at colorado​.gov