HOUSE BILL 971339
BY REPRESENTATIVES Taylor and Clarke;
also SENATORS Wattenberg and Weddig.
CONCERNING THE ABILITY OF AN OVERLAPPING SPECIAL
DISTRICT TO PROVIDE THE SAME SERVICE AS THE EXISTING DISTRICT
THAT IS OVERLAPPED.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 321107
(2), Colorado Revised Statutes, as amended, is amended, and the
said 321107 is further amended BY THE ADDITION OF
A NEW SUBSECTION, to read:
321107. Service area of
special districts. (2) EXCEPT
AS PROVIDED IN SUBSECTION (3) OF THIS SECTION, no special district
may be organized wholly or partly within an existing special district
providing the same service. Nothing in this subsection (2) shall
prevent a special district providing different services from organizing
wholly or partly within an existing special district. EXCEPT AS
PROVIDED IN SUBSECTION (3) OF THIS SECTION, a metropolitan district
may be organized wholly or partly within an existing special district,
but a metropolitan district shall not provide the same service
as the existing special district.
(3) (a) FOR PURPOSES OF THIS SUBSECTION
(3), "OVERLAPPING SPECIAL DISTRICT" MEANS A NEW OR EXISTING
SPECIAL OR METROPOLITAN DISTRICT LOCATED WHOLLY OR PARTLY WITHIN
AN EXISTING SPECIAL OR METROPOLITAN DISTRICT.
(b) AN OVERLAPPING SPECIAL DISTRICT MAY
BE AUTHORIZED TO PROVIDE THE SAME SERVICE AS THE EXISTING SPECIAL
OR METROPOLITAN DISTRICT THAT THE OVERLAPPING SPECIAL DISTRICT
OVERLAPS OR WILL OVERLAP IF:
(I) WHERE THE SERVICE PLAN OF SUCH OVERLAPPING
SPECIAL DISTRICT IS SUBJECT TO APPROVAL BY THE BOARD OF COUNTY
COMMISSIONERS, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
OR COUNTIES IN WHICH THE OVERLAPPING TERRITORY IS LOCATED APPROVES
BY RESOLUTION THE INCLUSION OF SUCH SERVICE AS PART OF THE SERVICE
PLAN OF SAID OVERLAPPING SPECIAL DISTRICT; AND
(II) WHERE THE SERVICE PLAN OF SUCH OVERLAPPING
SPECIAL DISTRICT IS SUBJECT TO THE APPROVAL OF THE GOVERNING BODY
OF A MUNICIPALITY, THE GOVERNING BODY OF ANY MUNICIPALITY THAT
HAS ADOPTED A RESOLUTION OF APPROVAL OF THE OVERLAPPING SPECIAL
DISTRICT PURSUANT TO SECTION 321204.5 (1) (a) APPROVES
BY RESOLUTION THE INCLUSION OF SUCH SERVICE AS PART OF THE SERVICE
PLAN OF SAID OVERLAPPING SPECIAL DISTRICT; AND
(III) THE IMPROVEMENTS OR FACILITIES TO
BE FINANCED, ESTABLISHED, OR OPERATED BY THE OVERLAPPING SPECIAL
DISTRICT FOR THE PROVISION OF THE SAME SERVICE AS THE EXISTING
SPECIAL OR METROPOLITAN DISTRICT DO NOT DUPLICATE OR INTERFERE
WITH ANY OTHER IMPROVEMENTS OR FACILITIES ALREADY CONSTRUCTED
OR PLANNED TO BE CONSTRUCTED WITHIN THE PORTION OF THE EXISTING
SPECIAL OR METROPOLITAN DISTRICT THAT THE OVERLAPPING SPECIAL
DISTRICT OVERLAPS OR WILL OVERLAP; AND
(IV) THE BOARD OF DIRECTORS OF ANY SPECIAL
DISTRICT OR METROPOLITAN DISTRICT AUTHORIZED TO PROVIDE A SERVICE
WITHIN THE BOUNDARIES OF THE OVERLAPPING AREA CONSENTS TO THE
OVERLAPPING SPECIAL DISTRICT PROVIDING THE SAME SERVICE.
(c) NOTHING IN THIS SUBSECTION (3) SHALL
BE CONSTRUED TO ENCOURAGE THE UNNECESSARY PROLIFERATION, DUPLICATION,
OVERLAPPING, OR FRAGMENTATION OF SPECIAL OR METROPOLITAN DISTRICTS.
SECTION 2. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO