Division of District
RULES AND REGULATIONS OF
PUEBLO WEST METROPOLITAN DISTRICT
PUEBLO WEST, COLORADO
TITLE 2
PROCEDURES BY WHICH THE BOARD OF DIRECTORS
MAY DIVIDE THE DISTRICT INTO AREAS ACCORDING
TO WATER OR SEWER FACILITIES TO BE FURNISHED
OR NOT FURNISHED
Article l. GENERAL PROVISIONS.
2.1.1 Infeasibility. It is hereby determined that it is and
will be infeasible, impracticable and undesirable for the good of
the entire District to extend water and sewer lines, or to
furnish both or either of such facilities to all parts of the
District, and that there will be need for the Board, by
Resolution, to divide the District into areas according to the
facilities and services furnished or to be furnished therein, and
designate such areas as are not to be served with water or sewer
facilities, or both, as authorized under C.R.S., 32?1?1006(1)
(b).
2.1.2 Supplementation. It is further determined that the public
convenience, economy, health, interest, necessity, safety and welfare of the inhabitants and property owners of the District require that the Board pass and enforce rules and regulations supplementing any provisions of C.R.S., 32?1?1006(1)(b), providing procedures by which said resolutions are adopted after notice of public hearings held thereon, at which the boundaries of the benefited areas are determined, and for filing notices, descriptions, and maps in conformity with general laws relating to establishing taxing districts and that the provisions hereof are promulgated by the Board to effectuate the purpose for which the District was organized.
2.1.3 Waiver. All objections not made within the time and
manner herein provided are waived.
2.1.4 Orders Final. All decisions and determinations of the
Board upon notice and hearing shall be final and conclusive proof
against persons entitled to appeal as to all errors,
informalities, omissions and irregularities which might have been
avoided or which might have been remedied during the process of
the proceedings, or which can be remedied.
2.1.5 Limitation of Action. The validity of any order
establishing the boundaries of any area or of any tax rate fixed
in pursuance hereof, shall not be contested in any action or
proceeding, unless such action or proceeding is commenced within
30 days after said action is taken.
Article 2. FORMATION PROCEDURE
2.2.1 General. The Board may divide the District into areas
according to the water and sewer facilities furnished or to be
furnished therein, or both, and into areas not to be served with
water or sewer facilities in the manner provided in this Article.
2.2.2 Resolution of Intention. The Board shall adopt
a resolution determining that the public interest and convenience
require that the District be formed into areas which are to be
served with water or sewer facilities, or both, or which are not
to be served with either, or both, which shall.
a. Designate each area by number and parenthetical
description such as Area No. X ("sewer", "water", "sewer and
water", or "unserved" depending on the facts);
b. Clearly describe the boundaries of each area proposed to
be so formed which may consist of contiguous or non-contiguous
parcels of land;
c. State whether or not each area is furnished or is to
have furnished water facilities and service or sewer facilities
and service, or both, or is not to be furnished with either, or
both;
d. Refer to a map or maps on file with the Secretary for
further information, which map or maps shall have clearly
delineated thereon the numbers and parenthetical designations of
the area or areas to be so formed and their boundaries, and the
boundary relationship of area adjacent thereto;
e. State a time and place for hearing of objections by
owners and persons interested in said formation proceedings.
2.2.3 Publication. The resolution of intention shall be
published.
2.2.4 Mailing and Posting. The notice of the adoption of the
resolution of intention shall be mailed and posted.
2.2.5 Form of Notice. The notice shall:
a. Be headed "Notice of Area Formation";
b. In legible character state the fact and date of the
resolution of intention;
c. Briefly describe the number and parenthetical
description of each proposed area;
d. Refer to the map or maps on file with the Secretary for
further particulars; and
e. State the time and place of hearing owners and persons
interested.
2.2.6 Protest. Any property owner or person interested may
object to the extent of boundaries of an area in which his
property is proposed to be included, by filing a written protest
with the Secretary at or before the time set for hearing,
containing a description of the property of the protestant
sufficient to identify the same, the grounds of protest, and be
signed by him.
2.2.7 Multiple Ownership. In the case of multiple ownerships,
protestants shall sign as follows:
a. Tenancy. When property is owned in joint tenancy,
tenancy in common or as partners, it may be signed by any tenant
or partner.
b. Estate. When property is in probate, the protest shall
be signed by the administrator, executor, or personal
representative of the estate.
c. Guardianship. When the property is in guardianship of
the person or estate of the owner, or both, the protest shall be
signed by the guardian.
d. Trustee. When property is in trust and the property is
on the tax roll in the name of the trustee, it shall be signed by
the trustee and when the property is on the tax roll in the name
of a beneficiary, it shall be signed by him.
e. Corporation. When property appears on the tax roll or
is known by the Secretary to be a corporation, it shall be signed
by the authorized representative of the corporation.
f. Contract of Purchase. When property has been sold under
a contract of sale, the protest may be signed by the purchaser,
when his name appears on the tax roll, and when his name does not
so appear, it shall be accompanied by proof of its recording or
of its existence when not recorded.
2.2.8 Late Endorsement. All protests filed after the hour fixed for hearing shall have endorsed thereon by the Secretary the date and time of filing and said protest need not be considered.
2.2.9 Proof of Ownership. The Secretary or Board may require of a protestant that he give proof of ownership, which may be evidencing documents thereof, or by affidavit or certificate
executed before the Secretary or before other persons qualified
to give an oath.
2.2.10 Exclusion. If one of the grounds of protests is that
a piece of land proposed to be included in an area for water or
sewer, or both, and that either or both have not or are not to be
provided to the property by the District, the Board may exclude
the parcel from the affected area if it finds the protest to be
true; in which event the Board shall include it in another area
not to be so served.
2.2.11 Inclusion. If one of the grounds of protest is that one
of the pieces of land is not included in the area furnished or
to be furnished water or sewer facilities, or both, which piece
is to be so served, the Board, if it finds the protest to be
true, may order its inclusion in an area to be formed for such
purpose or purposes and exclude it from an area to be formed of
unserved lands.
2.2.12 Jurisdiction. When a notice of a hearing has been had as provided in these rules and regulations, written protests have
been duly considered and all owners and persons interested have
been heard, the Board shall have jurisdiction to take further
proceedings in the formation of the area.
2.2.13 Modification. The District shall have the power to alter and modify the boundary of any area proposed to be formed,
provided that no parcel shall be included in an area not included
in such area, except when the owner has filed a written protest
on that ground, or a written request therefore, or upon written
notice to such owner ten days in advance and a further hearing
thereon.
2.2.14 Benefit. All land proposed to be benefited by a system
of water or sewer facilities, or more than one such system, may
be formed into an area, and lands served by more than one of said
systems may be formed into same area, and all lands not to be
served by water or sewer systems may be formed into one or more
areas. No lands shall be included within an area which the Board
finds will not be benefited by the proposed improvements or their
absence and no lands shall be left out of an area which the Board
finds will be benefited by being so included.
2.2.15 Formation. When the Board has determined the area or
areas which shall be benefited by being so formed, it shall by
resolution so determine and designate such areas by number, name,
purpose and boundary description.
2.2.16 Filing Resolution of Intention. Immediately following
the adoption of resolution of intention to form an area or areas,
the Secretary shall file a certified copy thereof, accompanied by
a map or maps referred to therein, with each the County Assessor,
County Commission, and State Commission, as required by C.R.W.
39-1-110.
2.2.17 Filing Resolution of Creation. Immediately following the adoption of resolution of creation, the Secretary shall file
a certified copy thereof, accompanied by a certified copy of the
map or maps delineating such boundaries as finally determined
with each the County Assessor, County Commission and State
Commission prior to the first day of July preceding the calendar
year during which it is proposed to levy a tax thereon as
required by C.R.S. 39-1-110.
2.2.18 Limitation. No area should be defined or designated as
an unserved area which shall have less than 10 acres in extent.
2.2.19 Rate of Taxation. The Board shall annually have power to provide in its budget and to fix a different rate of levy for tax
purposes against all of the taxable property within several areas
of the District so formed, according to the services and
facilities furnished or to be furnished therein, or not furnished
or not to be furnished, and its proportionate share of any
obligation of the District.
Article 3. ALTERATION OF BOUNDARIES
2.3.1 General. If at any time the Board shall be of the opinion that the benefits to any parcel or parcels of land which has been included within an area, or that any parcel or parcels of land which are not included in an area designated as served, is served or is to be served, it may change the boundaries of such area or areas as provided in the Article.
2.3.2 Initiation of Proceeding. The proceedings for changing boundaries may be initiated by petition of the affected owners or
by the Board of its own volition.
2.3.3 Procedure. Proceedings for the alteration of the boundary of any area or areas shall be had as provided for their formation as previously set forth in this Title.
