(1) Territory shall be eligible for inclusion in a district, as provided for in this part 4, if such territory is not embraced within a municipality and is within the area encompassed by the district at the time of its organization, or is a territory which may feasibly become a part of the district, as determined by the board of directors.
(2) Proceedings for inclusion in a district of territory eligible, as defined in subsection (1) of this section, may be initiated by a written petition presented to the board of directors of the district to which it is proposed to join. The petition must meet the following requirements:
It shall be signed by the owners of more than fifty percent of the area of such territory proposed to be included.
It shall be signed by more than fifty percent of the owners of the area proposed to beincluded, whether the owners are residents or nonresidents of such area.
The circulator of each petition, which may consist of one or more sheets, shall signan affidavit attesting that each signature is the signature of the person whose name it purports to be.
Each signature shall be accompanied by the resident address of the signer, the date ofsignature, and a description of the property owned by the signer.
It shall contain the verified statement of petitioners:
That the proposed area is eligible for inclusion, as provided in this section; as to thenumber of owners of the entire area proposed to be included; and that the petition complies with the requirements contained in this section; and
A request for inclusion into the district.
No petition shall be valid for the purposes of this part 4 if any signature on the petition is dated more than one hundred eighty days prior to the date of the filing of the petition.
No person signing the petition shall be permitted to withdraw his or her signaturefrom the petition.
The petition shall be accompanied by four copies of a map or plat of the territoryshowing, with reasonable certainty, the territory to be included, the boundaries thereof, and its relationship to the then boundaries of the district, together with a certified statement of current ownership of all property proposed to be included, which certified statement is to be prepared by a licensed and bonded abstract company.
(3) If the board of directors of said district finds that the petition and the documents attached thereto meet the requirements of this section, the inclusion of such territory to such district shall be accomplished as follows:
By accepting said petition and approving the inclusion of said territory;
By causing to be published in the official newspaper of the district a notice of thefiling of said petition, its acceptance and approval by the board of directors, and a notice of the time and place of a public hearing at which all interested persons may be heard on the proposition of including such territory in the district, such public hearing to be held not less than twenty days nor more than forty days from the date of first publication;
The board of directors shall hold a public hearing at the time and place stated in thenotice. In determining whether the territory shall be included in the district, the board of directors shall consider the needs and requirements of the territory proposed to be included, together with the needs and requirements of the district.
If the board of directors determines to include said territory, it shall cause a resolution to be passed, and the inclusion of territory shall be completed and effective on the effective date of the inclusion resolution for all purposes except that of general taxation, in which respect it shall not become effective until on or after January first next ensuing.
The board of directors shall cause a certified copy of said resolution to be forthwithtransmitted to the division of local government in the department of local affairs and shall cause to be recorded a certified copy of such inclusion resolution in the office of the clerk and recorder of the county wherein such included territory is located.
(4) (a) Proceedings for inclusion in a metropolitan water district of territory eligible, as defined above, may be initiated by a written petition presented to the board of directors of the metropolitan water district to which it is proposed to join, together with a cash deposit sufficient to defray all costs of inclusion proceedings, including the election. The petition must be signed by not less than fifty taxpaying electors of the territory proposed to be included.
The board of directors may then accept the petition and, by resolution, approve theinclusion of the territory in the district. The board will then transmit to the district court of the county in which the area is located, or to the district court of either of the counties if the area is located in more than one county, the original petition, a certified copy of its resolution accepting and approving the inclusion, and the cash deposit to guarantee costs.
Repealed.
Upon presentation of the resolution, the court shall examine it, and, if the court findsthat the requirements of this section have been substantially complied with, the court shall forthwith call an election of the electors of the territory proposed to be included, to be held at some convenient place within the territory, which shall be held and conducted as provided in articles 1 to 13 of title 1, C.R.S.
The notice of election shall specify the time and place of the election, shall contain adescription of the boundaries of the territory proposed to be included, and shall state that the description and a map or plat thereof are on file in the office of the board of directors of the district, and shall meet the requirements for notice in section 1-5-203, C.R.S.
and (g) Repealed.
The court shall allow each commissioner a reasonable compensation for his servicesas such.
If such inclusion is not approved at said election, the court shall enter its order anddecree that such territory shall not be included within the area of the district. If such inclusion is approved at said election, the court by an order shall decree that such territory shall be included in the district, and certified copies of such order and decree shall be transmitted to the said district, to the office of the clerk and recorder in which said territory is located, and to the division of local government, and such inclusion shall be complete on the effective date of the court's order and decree for all purposes except that of general taxation, in which respect it shall not become effective until on and after January 1 next ensuing.
All costs and expenses connected with such inclusion proceedings and including thecommissioners' fees and all election expenses shall be paid by the petitioners initiating the inclusion proceedings.
(5) Any unincorporated area lying within the proposed water district, as originally organized, may file its petition for inclusion with the board of directors of said district and, if said petition is filed within six months from the date of organization of said district, such petition shall be granted. Upon receipt of such petition the board of directors shall follow procedures set forth in paragraphs (c), (d), and (e) of subsection (3) of this section.
Source: L. 55: p. 587, § 1. CRS 53: § 89-13-8. C.R.S. 1963: § 89-13-8. L. 70: p. 280, §
75. L. 71: p. 961, § 4. L. 76: (3)(e) and (4)(i) amended, p. 598, § 13, effective July 1. L. 77: (4)(c), (4)(f), and (4)(g) repealed and (4)(d) and (4)(e) amended, pp. 1516, 1503, §§ 88, 52, effective July 15. L. 92: (2), (4)(a), (4)(b), (4)(d), and (4)(e) amended, p. 891, § 133, effective January 1, 1993.