Colorado § 32-1-205 - Resolution of approval required.

§ 32-1-205. Resolution of approval required.

(1) A petition for the organization of a special district filed in any district court of competent jurisdiction pursuant to the provisions of section 32-1-301 shall be accompanied by a resolution approving the service plan of the proposed special district by the board of county commissioners of each county where the territory of the proposed special district lies or, where required pursuant to section 32-1-204.5, by a resolution of approval by the governing body of each municipality. If the boundaries of a proposed special district include territory within two or more counties, a resolution approving the service plan for such special district shall be required from the board of county commissioners of each county which has territory included in the proposed special district; but the board of county commissioners of each of the respective counties, in their discretion, may hold a joint hearing on the proposed special district in accordance with section 32-1-204.

(2) Except as provided in section 32-1-206, no petition for the organization of a special district shall be considered by any court in this state without the resolution of approval and the service plan required by this part 2. The approved service plan and the resolution of approval required by this part 2 shall be incorporated by reference in and appended to the order establishing the special district after all other legal procedures for the organization of the proposed special district have been complied with.

Source: L. 81: Entire article R&RE, p. 1550, § 1, effective July 1. L. 85: (1) amended, p. 1101, § 7, effective May 3. L. 91: (1) amended, p. 783, § 5, effective June 4.

Editor's note: This section is similar to former §§ 32-1-206 and 32-1-209 (1) as they existed prior to 1981.

ANNOTATION

Change from sanitation district to metropolitan district is organization of a new and different special district, not just a mechanical name change. Therefore, approval of the service plan for new district is required by the boards of county commissioners of all counties within the district's boundaries. In re Org. of Upper Bear Creek, 682 P.2d 61 (Colo. App. 1983), aff'd on other grounds, 715 P.2d 799 (Colo. 1986).

Authority of city council to approve initial petition for formation of quasi-municipal corporation does not constitute unconstitutional delegation of power because such authority constitutes an exercise of city's police power, which includes implied standard of "reasonableness", and additional procedural steps exist pursuant to this act before such district may be formed. State Farm v. City of Lakewood, 788 P.2d 808 (Colo. 1990) (decided under law in effect prior to 1985 amendment).