First Regular Session
Sixty-first General Assembly
LLS NO. 970253.01 MKD
SENATE BILL 97030
STATE OF COLORADO
BY SENATOR Wattenberg;
also REPRESENTATIVE Taylor.
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.
.(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
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
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.