Colorado § 31-25-1207 - Hearing - findings - when action barred.

§ 31-25-1207. Hearing - findings - when action barred.

(1) On the date fixed for such hearing or at any adjournment thereof, the governing body shall ascertain, from the tax rolls of the county or counties in which the district is located, the total valuation for assessment of the taxable real and personal property in the service area and the classification of taxable property. If it appears that said petition is not signed in conformity with this part 12, the governing body shall dismiss the petition and adjudge the cost against those executing the bond or depositing the cash filed to pay such costs. Nothing in this section shall prevent the filing of a subsequent petition for a similar district.

(2) The findings of the governing body upon the question of the genuineness of the signatures and all matters of fact incident to such determination shall be final and conclusive.

(3) (Deleted by amendment, L. 91, p. 759, § 3, effective May 20, 1991.)

(4) Prior to the organization of the district, the governing body may exclude property from the service area or boundaries of the district if it deems such exclusion to be in the best interests of the district or required by section 31-25-1208.

(5) If it appears that an organization petition has been duly signed and presented in conformity with this part 12, that the allegations of the organization petition are true, and that the types of services or improvements to be provided by the proposed district are those services or improvements which best satisfy the purposes set forth in this part 12, the governing body, upon the completion of the hearing, shall, by ordinance, adjudicate all questions of jurisdiction and may, in its sole discretion, declare the district organized, describe the boundaries and service area of the district, and give it the corporate name specified in the petition by which, in all subsequent proceedings, it shall thereafter be known. The district shall be a quasi-municipal corporation and political subdivision of the state with all powers and responsibilities thereof.

(6) Such ordinance shall finally and conclusively establish the regular organization of the district against all persons unless an action, including an action for certiorari review, attacking the validity of the district is commenced in a court of competent jurisdiction within sixty days after the effective date of such ordinance. Thereafter, any such action shall be perpetually barred. The organization of said district shall not be directly or collaterally questioned in any suit, action, or proceeding, except as provided in this subsection (6).

Source: L. 88: Entire part added, p. 1131, § 1, effective May 6. L. 91: Entire section amended, p. 759, § 3, effective May 20.

Editor's note: Section 9 of chapter 128, Session Laws of Colorado 1991, provides that section 3 of the act amending this section does not apply to the organization of any proposed district for which a petition for organization is filed prior to May 20, 1991, pursuant to § 31-25-1205.

ANNOTATION

City council complied with procedures set forth in this section once percentage of representation based upon petition signatures was adjusted to reflect current property owners within proposed business improvement district. Jensen v. City and County of Denver, 806 P.2d 381 (Colo. 1991).