Colorado Code § 32-7-109

Election for formation, selection of services, and initial board of directors
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(1) (a) Within seven days after receipt of the organizational commission's report, the district
court shall direct the election committee, as provided in section 32-7-107 (3), to conduct an
election on the date designated by the organizational commission for the purpose of deciding
whether a service authority is to be formed, to provide an opportunity for the eligible electors to
approve services of the service authority, and to elect the board of directors of the service
authority.
(b) The court shall direct the election committee to publish notice thereof within seven
days of the directive according to the provisions of section 1-5-205, C.R.S., setting forth the list
of proposed services and the requirements for nomination to the board. Independent candidates
for a district office may be nominated by filing with the election committee, on forms supplied
by the committee, a nomination petition signed by at least twenty-five eligible electors of the
district in which the candidate resides. Nothing in this article shall be construed to restrict a
political party from making nominations to the board of directors of the service authority by
conventions of delegates or by primary election or by both.
(2) The election committee shall publish a second notice of the election pursuant to
section 1-5-205, C.R.S., which shall include the names of the candidates nominated for the first
board of directors, and shall again list the services to be decided upon.
(3) The election shall be held and conducted as provided in articles 1 to 13 of title 1,
C.R.S. The question of the formation of the service authority must receive the approval of a
majority of votes cast, but no service may be authorized unless approved by a majority of the
eligible electors voting thereon in each county within the service authority.
(4) The election commission shall survey the returns as provided in article 10 of title 1,
C.R.S., and shall certify the results to the court as provided in section 1-10-203, C.R.S. If a
majority of the registered electors voting thereon vote "for" formation, the court shall declare, by
order entered of record, that the service authority is formed in the corporate name designated in
the petition or resolution and shall designate those services, if any, which were authorized by a
majority of the registered electors voting thereon in each county at said election. Upon the filing
with the court of the oath of office of members elected to the board, the court, by order entered
of record, shall declare the members of the board elected and qualified and shall order the
election committee to issue certificates of election pursuant to section 1-11-105, C.R.S., and the
formation shall be complete. At that time the election committee shall be dissolved. The board
shall be charged with administering those approved services in accordance with this article.
(5) The entry of an order forming a service authority shall finally and conclusively
establish its regular formation against all persons except the state of Colorado, in an action in the
nature of quo warranto, commenced by the attorney general within thirty-five days after entry of
such order, and not otherwise. The formation of the service authority shall not be directly or
collaterally questioned in any suit, action, or proceeding, except as expressly authorized in this
section.
(6) All necessary expenses for the elections and other proceedings conducted pursuant to
sections 32-7-107, 32-7-108, and this section, including the expenses and reimbursements for the
organizational commission, shall be paid by the counties within or partly within the service
authority in proportion to the population of the respective counties or portions thereof within the
service authority, and the governing bodies thereof shall enact any necessary supplemental
appropriation.
(7) Within fifteen days after the entry of the order forming a service authority, the clerk
of the court shall file a copy of the decree with the board of county commissioners and the
assessor of each county within the service authority and with the division of local government.

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