Capital letters indicate new material to be added to existing statute.
Dashes through the words indicated deletions from existing statute.

This is supplied as an informational item only. This is NOT
an official publication of the Colorado State Legislature.

Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

First Regular Session

Sixty-first General Assembly

LLS NO. 97­0253.01 MKD SENATE BILL 97­030

STATE OF COLORADO

BY SENATOR Wattenberg;

also REPRESENTATIVE Taylor.

ENGROSSED

LOCAL GOVERNMENT

A BILL FOR AN ACT

CONCERNING AN EXCEPTION TO THE PROHIBITION OF THE ORGANIZATION OF A NEW DISTRICT WITHIN AN EXISTING SPECIAL DISTRICT PROVIDING THE SAME SERVICE.

Bill Summary

.(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Allows a new special or metropolitan district to organize within an existing special district when the new district would be authorized to provide the same service as the existing district, so long as the new improvements or facilities will not duplicate or interfere with those planned or provided by the existing special district. Requires the approval of the existing special district for the new district to organize within the existing district's boundaries.


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 SPECIAL DISTRICT OR METROPOLITAN DISTRICT MAY EXIST WHOLLY OR PARTLY WITHIN AN EXISTING SPECIAL DISTRICT THAT PROVIDES OR IS AUTHORIZED TO PROVIDE THE SAME SERVICE AS THE OVERLAPPING DISTRICT IF:

(a)  THE IMPROVEMENTS OR FACILITIES TO BE FINANCED BY THE OVERLAPPING SPECIAL OR METROPOLITAN DISTRICT WOULD NOT DUPLICATE OR ADVERSELY IMPACT IMPROVEMENTS OR FACILITIES ALREADY CONSTRUCTED OR PLANNED TO BE CONSTRUCTED BY THE EXISTING SPECIAL DISTRICT WITHIN ITS BOUNDARIES; AND

(b)  THE EXISTING BOARD OF THE SPECIAL DISTRICT GIVES ITS CONSENT TO THE OVERLAPPING SPECIAL OR METROPOLITAN DISTRICT PROVIDING THE SAME SERVICE AS THE EXISTING DISTRICT.

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.