(1) Special taxing districts may be established pursuant to the provisions of this section.
The board may by resolution propose the formation of the district, which resolutionshall designate the proposed boundaries thereof, specify the proposed service, and set forth the methods of financing proposed for the district.
The board shall present the proposal for public hearing to be held within sixty daysafter introduction of the resolution with notice to be published not less than fifteen days before the date set for hearing.
At the hearing any eligible elector within the service authority may be heard on theproposal, including questions of inclusion in or exclusion from the district, and all objections shall be determined by the board on the basis of the public interest, taking into consideration the needs of the service authority and the availability of the service to the territory which is the subject of any objection.
The board may continue the hearing as necessary and may, after the conclusion thereof, enact the proposed resolution, with or without amendments, or may reject the proposed resolution.
Decisions of the board concerning the formation of a special taxing district are notsubject to review unless action is instituted by a registered elector to review such proceedings within forty-five days after passage of the resolution, and any such review shall extend only to the question of whether the board exceeded its jurisdiction or abused its discretion. If the court so finds, it shall remand the matter to the board for further proceedings, consistent with such findings.
No restraining order or temporary injunction enjoining the formation, the inclusionor exclusion of territory, or the operation of the special taxing district may be issued pending final judgment of the district court. Any such final judgment which has the effect of enjoining the formation, the inclusion or exclusion of territory, or the operation of a special taxing district shall automatically be stayed upon the filing of any appeal of such decision, and no application for supersedeas shall be necessary. Such stay shall continue in full force and effect pending final disposition of the proceedings.
Changes in the boundaries or major changes in services or financing of a specialtaxing district may be initiated by resolution of the board or by petition signed by five percent of the eligible electors of the district, and these proposals shall be considered in the same manner as provided in this section for proposals for the original formation of a district.
Source: L. 72: p. 474, § 1. C.R.S. 1963: § 89-25-33. L. 85: (4), (6), and (8) amended, p. 1355, § 33, effective April 30. L. 92: (2) to (4) and (8) amended, p. 904, § 151, effective January 1, 1993.