(1) In its discretion, the board may file a petition at any time in the district court in any county in which the district or a portion thereof is located for a judicial examination and determination of any power conferred, any securities issued by the district or authorized to be issued by the district, any taxes, assessments, or service charges levied or otherwise made by the district or contracted to be levied by the district or otherwise made by the district, or of any other act, proceeding, or contract of the district whether or not such act, proceeding, or contract has been taken or executed, including proposed contracts for any improvement, proposed securities of the district to defray in whole or in part the cost of the project, the proposed acquisition, improvement, equipment, maintenance, operation, or disposal of any property pertaining thereto, or any combination thereof.
A petition filed under subsection (1) of this section shall set forth the facts uponwhich the validity of such power, securities, taxes, assessments, charges, act, proceeding, or contract is founded. The presiding officer of the district shall verify the petition before it is filed with the district court by signing said petition.
Any action filed under this section shall be in the nature of a proceeding in rem. Thedistrict court shall have jurisdiction over all parties interested in the proceeding upon the publication and posting of a notice in accordance with this part 5.
The clerk of the district court in which a petition is filed shall provide notice of suchfiling. The notice shall include: A brief outline of the contents of the petition; the time, date, and location of the hearing; and the location where a complete copy of any documents at issue in the petition may be examined. The clerk shall serve the notice by:
Publishing the notice at least once a week for five consecutive weeks by five weeklyinsertions in a newspaper of general circulation in the counties and municipalities in which the district is located; and
Posting the notice in the office of the district at least thirty days prior to the date ofthe hearing on the petition.
Any owner of property within the boundaries of the district or any other person interested in the petition filed by the board may appear at the hearing by either filing a motion to dismiss or an answer to the petition at least five days prior to the hearing date or within such time as the court may allow. The petition shall be taken as confessed by all persons who fail to appear.
The petition and notice shall be sufficient to give the district court jurisdiction, and,upon hearing, the district court shall examine and determine all matters affecting the question submitted, shall make such findings with reference thereto, and shall render such judgment and decree thereon as the case warrants.
Unless otherwise specified in this part 5, the Colorado rules of civil procedure shallgovern any actions filed under this section in matters of pleading and practice.
Costs may be divided or apportioned among any contesting parties in the discretionof the district court.
Review of the judgment of the district court may be had as in other similar cases;except that such review shall be applied for within thirty days after the time of the rendition of such judgment or within such additional time as may be allowed by the court within thirty days.
The district court shall disregard any error, irregularity, or omission that does notaffect the substantial rights of the parties.
All cases in which there may arise a question of validity of any matter provided forunder this section shall be advanced as a matter of immediate public interest and concern and shall be heard at the earliest practicable moment.
Source: L. 99: Entire section added, p. 513, §10, effective April 30.