Colorado § 32-7-102 - Legislative declaration.

§ 32-7-102. Legislative declaration.

The general assembly hereby declares that the purpose of this article is to implement the provisions of section 17 of article XIV of the state constitution, adopted at the 1970 general election, by providing for and facilitating the formation and operation of a limited number of service authorities in the state of Colorado. It is further declared that the orderly formation and operation of regional service authorities providing authorized functions, services, and facilities and exercising powers granted by this article will serve a public use and will promote the health, safety, security, and general welfare of the inhabitants thereof and the people of the state of Colorado. It is further declared to be the policy of the state of Colorado to encourage the utilization of single service authorities to provide those functions, services, and facilities which transcend local government boundaries, thus reducing the duplication, proliferation, and fragmentation of local governments, and encouraging establishment of efficient, effective, and responsive regional government. To these ends, this article shall be liberally construed.

Source: L. 72: p. 452, § 1. C.R.S. 1963: § 89-25-2.

Cross references: For service authorities, see § 17 of art. XIV, Colo. Const.

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 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).

Formation of authority may not be frustrated by prior filing of petition. Implicit in the policy of this section, 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).

Filing of objections to petition contemplated by legislature. Although this article contains no express provisions for the filing of objections to a petition or resolution for the formation of a service authority, it is clear that such was within the legislative contemplation when it provided for notice and a public hearing of the pendency of a petition or resolution for the formation of the authority. 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).