Section 32-1-704 - Conditions necessary for dissolution - permissible provisions - hearings - court powers(1) Prior to the court hearing on the petition for dissolution, the governing body of any municipality, county, intergovernmental authority formed and operated under part 2 of article 1 of title 29, C.R.S., other special district, or regional service authority which is a party to an agreement to render services and which is assuming the responsibility to provide those services in the special district to be dissolved shall submit to the jurisdiction of the court by a written entry of appearance.(2) Hearings may be continued by the court on the petition for dissolution as necessary to complete the proceedings authorized by this part 7. No petition shall be declared void on account of alleged defects, but the court may at any time permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory or in any other particular.(3)(a) Subject to the provisions of paragraphs (b) and (c) of this subsection (3), if the court finds that the special district has no financial obligations or outstanding bonds or that the special district's financial obligations and outstanding bonds will be adequately provided for prior to dissolution by means of escrow funds or securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S., to secure payment thereof, that the petition for dissolution meets the requirements of this part 7, and that an adequate plan exists for continuation of services, if required, the court shall order an election in the special district on the question of dissolution.(b)(I) Subject to the provisions of subsection (3)(c) of this section, the court shall enter an order dissolving the special district pursuant to section 32-1-707 without an election if the special district lies wholly within the corporate limits of the municipality, if the special district has no financial obligations or outstanding bonds, and if the special district board and the governing body of the municipality consent to the dissolution.(II) Subject to the provisions of subsection (3)(c) of this section, the court shall enter an order dissolving the special district pursuant to section 32-1-707 without an election if the special district lies wholly within the county, if the special district has no financial obligations or outstanding bonds, and if the special district board and the board of county commissioners consent to the dissolution, and, if more than eighty-five percent of the territory encompassed by the special district lies within the corporate limits of one or more municipalities, the governing bodies of all such municipalities also consent to the dissolution.(c) If, at the court hearing on the petition for dissolution, the lesser of ten percent or one hundred of the eligible electors of the special district petition the court for a special election to be held on the question of dissolution of the special district, the court shall order an election in the special district on the question of dissolution.(4)(a) If the court finds the special district has financial obligations or outstanding bonds and no escrow plan, the court shall determine whether the plan for dissolution, as submitted, adequately provides for payment of the financial obligations and outstanding bonds of the special district.(b) If the court determines that the plan for dissolution adequately provides for the payment of the financial obligations and outstanding bonds of the special district, that the petition for dissolution meets the requirements of this part 7, and that an adequate plan exists for continuance of services, if required, the court shall order an election to be held in the special district on the question of dissolution.(c) If, at any time after the filing of a petition for dissolution under section 32-1-701, the court determines that no agreement can be reached concerning the plan for dissolution under section 32-1-702 (4)(b) or that any other requirements of this part 7 cannot be met, and that the board has acted in good faith, it shall dismiss the dissolution proceedings. If, however, the special district is entirely within the municipality and the parties are unable to reach an agreement, the court may impose a plan for dissolution under section 32-1-702 at the request of either the municipality or the special district and shall order an election to be held in the special district on the question of dissolution.Amended by 2022 Ch. 31, § 3, eff. 8/10/2022.L. 81: Entire article R&RE, p. 1570, § 1, effective July 1. L. 89: (3)(a) amended, p. 1117, § 32, effective July 1. L. 91: (1) amended, p. 797, § 2, effective April 10. L. 92: (3)(c) amended, p. 883, § 118, effective 1/1/1993.This section is similar to former § 32-1-606 as it existed prior to 1981.
2022 Ch. 31, was passed without a safety clause. See Colo. Const. art. V, § 1(3).