Colorado § 32-7-109 - Election for formation, selection of services, and initial board of directors.

§ 32-7-109. Election for formation, selection of services, and initial board of directors.

(1) (a) Within seven days after receipt of the organizational commission's report, the district court shall direct the election committee, as provided in section 32-7-107 (3), to conduct an election on the date designated by the organizational commission for the purpose of deciding whether a service authority is to be formed, to provide an opportunity for the eligible electors to approve services of the service authority, and to elect the board of directors of the service authority.

(b) The court shall direct the election committee to publish notice thereof within seven days of the directive according to the provisions of section 1-5-205, C.R.S., setting forth the list of proposed services and the requirements for nomination to the board. Independent candidates for a district office may be nominated by filing with the election committee, on forms supplied by the committee, a nomination petition signed by at least twenty-five eligible electors of the district in which the candidate resides. Nothing in this article shall be construed to restrict a political party from making nominations to the board of directors of the service authority by conventions of delegates or by primary election or by both.

(2) The election committee shall publish a second notice of the election pursuant to section 1-5-205, C.R.S., which shall include the names of the candidates nominated for the first board of directors, and shall again list the services to be decided upon.

(3) The election shall be held and conducted as provided in articles 1 to 13 of title 1, C.R.S. The question of the formation of the service authority must receive the approval of a majority of votes cast, but no service may be authorized unless approved by a majority of the eligible electors voting thereon in each county within the service authority.

(4) The election commission shall survey the returns as provided in article 10 of title 1, C.R.S., and shall certify the results to the court as provided in section 1-10-203, C.R.S. If a majority of the registered electors voting thereon vote "for" formation, the court shall declare, by order entered of record, that the service authority is formed in the corporate name designated in the petition or resolution and shall designate those services, if any, which were authorized by a majority of the registered electors voting thereon in each county at said election. Upon the filing with the court of the oath of office of members elected to the board, the court, by order entered of record, shall declare the members of the board elected and qualified and shall order the election committee to issue certificates of election pursuant to section 1-11-105, C.R.S., and the formation shall be complete. At that time the election committee shall be dissolved. The board shall be charged with administering those approved services in accordance with this article.

(5) The entry of an order forming a service authority shall finally and conclusively establish its regular formation against all persons except the state of Colorado, in an action in the nature of quo warranto, commenced by the attorney general within thirty-five days after entry of such order, and not otherwise. The formation of the service authority shall not be directly or collaterally questioned in any suit, action, or proceeding, except as expressly authorized in this section.

(6) All necessary expenses for the elections and other proceedings conducted pursuant to sections 32-7-107, 32-7-108, and this section, including the expenses and reimbursements for the organizational commission, shall be paid by the counties within or partly within the service authority in proportion to the population of the respective counties or portions thereof within the service authority, and the governing bodies thereof shall enact any necessary supplemental appropriation.

(7) Within fifteen days after the entry of the order forming a service authority, the clerk of the court shall file a copy of the decree with the board of county commissioners and the assessor of each county within the service authority and with the division of local government.

Source: L. 72: p. 457, § 1. C.R.S. 1963: § 89-25-9. L. 80: (1)(b) amended, p. 415, § 27, effective February 21. L. 85: (1)(b), (3), and (4) amended, p. 1351, § 27, effective April 30. L. 92: (1) to (4) amended, p. 898, § 144, effective January 1, 1993. L. 94: (4) amended, p. 1642, § 67, effective May 31. L. 95: (4) amended, p. 1106, § 47, effective May 31. L. 96: (2) amended, p. 1476, § 38, effective June 1. L. 98: (1)(b) amended, p. 827, § 45, effective August 5. L. 2012: (5) amended, (SB 12-175), ch. 208, p. 882, § 149, effective July 1.

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).

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 this section. In re Reg'l Serv. Auth. v. Bd. of County Comm'rs, 199 Colo. 501, 618 P.2d 1105 (1980).