Colorado § 32-7-106 - Priority of petition or resolution.

§ 32-7-106. Priority of petition or resolution.

(1) When the district court receives a resolution adopted by a majority of the governing bodies of the counties and municipalities or receives a petition signed by the requisite number of eligible electors pursuant to section 32-7-105 for the initiation of formation of a service authority, no other proceedings shall be commenced or prosecuted in that or any other court for the creation of another service authority involving all or any one of the same counties until the question of formation of the authority pursuant to the resolution or petition has been finally determined, unless the later filing is allowed under subsection (2) of this section.

(2) A resolution filed within ten days of the date of the filing of a petition under the circumstances set forth in subsection (1) of this section shall take precedence over the petition and shall proceed to final determination before the petition may be further considered.

Source: L. 72: p. 455, § 1. C.R.S. 1963: § 89-25-6. L. 85: (1) amended, p. 1350, § 25, effective April 30. L. 92: (1) amended, p. 897, § 141, effective January 1, 1993.

ANNOTATION

Power to create authority originates in constitution. The power to create a service authority originates in § 17 of art. XIV, Colo. Const. In re Reg'l Serv. Auth. v. Bd. of County Comm'rs, 199 Colo. 501, 618 P.2d 1105 (1980).

Method of creation is decision of general assembly. The method by which the creation of a service authority is to be accomplished is a decision within the discretion of the general assembly, subject only to constitutional restrictions and limitations. In re Reg'l Serv. Auth. v. Bd. of County Comm'rs, 199 Colo. 501, 618 P.2d 1105 (1980).

While proceeding pending, other proceeding involving same counties cannot be initiated. While a service authority proceeding is pending, no other proceeding which involves one or more of the same counties can be initiated. In re Reg'l Serv. Auth. v. Bd. of County Comm'rs, 199 Colo. 501, 618 P.2d 1105 (1980).

Formation of authority may not be frustrated by prior filing of petition. Implicit in the policy of § 32-7-102, which encourages the creation of single service authorities transcending local government boundaries in the interest of more efficiently providing services to the inhabitants thereof, is the intention that the formation of such an authority may not be frustrated by the prior filing of a petition involving one of the same counties, in the same or in any other court, which then is allowed to become dormant and thus effectively to constitute a bar to the creation of any regional service authority. In re Reg'l Serv. Auth. v. Bd. of County Comm'rs, 199 Colo. 501, 618 P.2d 1105 (1980).

Forty-day time limitation in § 32-7-105 (2)(b) is jurisdictional and compliance therewith is mandatory. In re Reg'l Serv. Auth. v. Bd. of County Comm'rs, 199 Colo. 501, 618 P.2d 1105 (1980).

Where no hearing within forty days, court may proceed with subsequent petition. The Denver district court had jurisdiction under § 32-7-106 (1) to proceed with the formation of a regional service authority which included the city and county of Denver, and the counties of Douglas, Jefferson, Arapahoe, and Adams (metropolitan district), where a prior proceeding for the formation of a regional service authority for Douglas county (Douglas district) had been commenced in the district court of Douglas county but had not come up for hearing within forty days, as required by § 32-7-105 (2)(b). In re Reg'l Serv. Auth. v. Bd. of County Comm'rs, 199 Colo. 501, 618 P.2d 1105 (1980).

Those opposing authority's formation may not support petition, and vote against district's creation. Adequate political accommodation for those who may oppose the formation of a multi-governmental unit service authority lies in the option to refuse to sign or support a petition, and later in the right to vote against the creation of the district, as provided by § 32-7-109. In re Reg'l Serv. Auth. v. Bd. of County Comm'rs, 199 Colo. 501, 618 P.2d 1105 (1980).

Hearing on petition not of adversary nature. Even though this article requires a public hearing, it is not to be of an adversary nature in view of the court's limited function under § 32-7-105 (2)(b). In re Reg'l Serv. Auth. v. Bd. of County Comm'rs, 199 Colo. 501, 618 P.2d 1105 (1980).

Petitioners have right to appellate review. Because this article confers a right on the petitioners to form a regional service authority, the petitioners have the right to an appellate review of an adverse judicial determination of the sufficiency of the petition. In re Reg'l Serv. Auth. v. Bd. of County Comm'rs, 199 Colo. 501, 618 P.2d 1105 (1980).

Counties and municipalities have right to review of finding on formation resolution's sufficiency. Counties or municipalities, as the proponents of a resolution for formation of a service authority, have a right to appellate review of an adverse finding concerning the sufficiency of the resolution for formation. In re Reg'l Serv. Auth. v. Bd. of County Comm'rs, 199 Colo. 501, 618 P.2d 1105 (1980).

Citizens, as qualified electors, have no standing to challenge by appellate review the findings on the sufficiency of a resolution to form a regional service authority. In re Reg'l Serv. Auth. v. Bd. of County Comm'rs, 199 Colo. 501, 618 P.2d 1105 (1980).

No standing to challenge petition's sufficiency. Counties and municipalities have no standing to challenge court findings on the sufficiency of a petition to form a regional service authority. In re Reg'l Serv. Auth. v. Bd. of County Comm'rs, 199 Colo. 501, 618 P.2d 1105 (1980).