SENATE BILL 97138
BY SENATORS Hernandez and Pascoe;
also REPRESENTATIVES Entz, Mace, and Clarke.
CONCERNING THE APPROVAL OF THE ALTERATION OF A SPECIAL
DISTRICT=S
BOUNDARY WHEN THE REAL PROPERTY TO BE INCLUDED IN THE SPECIAL
DISTRICT IS LOCATED IN ANOTHER COUNTY.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 321401,
Colorado Revised Statutes, as amended, is amended BY THE ADDITION
OF A NEW SUBSECTION to read:
321401. Inclusion of territory
procedure. (4) NOTHING
IN THIS PART 4 SHALL BE CONSTRUED TO PERMIT THE INCLUSION IN A
SPECIAL DISTRICT OF ANY REAL PROPERTY LOCATED IN A CITY AND COUNTY
UNLESS THE GOVERNING BODY OF SUCH CITY AND COUNTY HAS ADOPTED
A RESOLUTION OF APPROVAL AUTHORIZING SUCH INCLUSION PURSUANT TO
SECTION 321204.5 OR WAIVES ITS RIGHT TO REQUIRE SUCH
RESOLUTION IN ITS SOLE DISCRETION. ANY RESOLUTION OF APPROVAL
SO ADOPTED OR WAIVER SO GIVEN SHALL BE APPENDED TO ANY PETITION
FILED PURSUANT TO PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION
OR SUBPARAGRAPH (I) OF PARAGRAPH (a) OF SUBSECTION (2) OF THIS
SECTION.
SECTION 2. Applicability. The
provisions of this act shall apply to special district boundary
alterations proposed on and after the effective date of this act.
SECTION 3. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO