Sec. 118-127. Districts initiated by petition.
(a) All petitions for the organization of a general improvement district shall be made on forms approved by the city clerk or the city clerk's designee. At a minimum, said petition shall include the following information:
(1) The name of the proposed district, which shall include the name of the municipality creating the district, a descriptive name or number, and the words "General Improvement District";
(2) A general description of the improvements to be acquired, constructed, installed, operated, or maintained or the services to be provided within and for the district;
(3) The estimated cost of the proposed improvements or the estimated annual cost of providing the proposed services;
(4) A general description of the boundaries of the district or the territory to be included therein with such certainty as to enable a property owner to determine whether or not his or her property is within the district;
(5) The names, addresses, and telephone numbers of three electors of the district who shall represent the petitioners and who have the power to enter into agreements relating to the organization of the district, which agreements shall be binding on the district, if created;
(6) A request for the organization of the district; and
(7) The date upon which the petition form is approved by the city clerk or the city clerk's designee.
(b) Each elector of the proposed district shall sign his or her own signature and print the date of signing the petition.
(c) If an elector resides outside the district or the area to be included within the district, he or she shall provide a brief description of the taxable real or personal property that he or she owns within the district, the address at which such property is located, and the address of his or her place of residence.
(d) If an elector is not a natural person, the natural person designated by such elector to vote on its behalf shall provide a notarized affidavit of his or her authority to sign the petition, a brief description of taxable property located within the district, the address at which such property is located, and the address of his or her place of residence. In addition, he or she shall sign his or her own signature and print the date of signing the petition.
(e) To each petition shall be attached a notarized affidavit of the circulator, stating the following:
(1) The name and address of the circulator;
(2) The circulator actually circulated the petition;
(3) Each signature on the petition was affixed in the circulator's presence;
(4) To the best of the circulator's knowledge and belief, each person signing the petition was at the time of signing an elector of the proposed district; and
(5) The date the circulator signed the affidavit.
(f) The city clerk shall not accept any petition for filing unless such petition has attached thereto a notarized affidavit meeting the requirements of this section. Such petition must be accepted for filing by no later than May 1 in order for the formation of the district to be considered at a regular or special municipal election in the same calendar year.
(g) Notwithstanding any provision of state law to the contrary, no bond or cash deposit shall be required of the petitioners for any general improvement district organized for the purpose of financing the construction, installation, and maintenance of a sound wall, wall, or fence and any improvements appurtenant thereto.
(h) Upon the filing of any petition for the organization of a general improvement district, the city clerk shall have 15 business days within which to determine whether the petition contains the number of signatures required by law. Petition representatives may submit additional signatures throughout the course of this 15-business day period. No signature on the petition is valid if the date upon which the petition form is approved by the city clerk or the city clerk's designee is more than six months prior to the date of filing the petition with the city clerk. The city clerk may accept a signature as valid if the city clerk has confirmed that such person is in fact registered to vote in general elections in this state as of the date upon which the certificate of sufficiency is issued.
(i) At the close of the 15-business day period, the clerk shall issue a certificate stating whether the petition contains a sufficient number of signatures to cause a public hearing to be held regarding the organization of a general improvement district. For purposes of determining whether a petition contains a sufficient number of signatures, the total number of district electors shall be determined as of the date upon which such petition is filed with the city clerk.
(j) If the clerk issues a certificate of sufficiency, the petition shall be presented to the city council without further amendment, whereupon council shall consider whether to issue the order fixing the place and time for the public hearing as required by C.R.S. § 31-25-606(1). For purposes of fixing the place and time of such hearing, a petition shall be deemed filed as of the date upon which the city council adopts a resolution accepting the clerk's certificate of sufficiency.
(k) Nothing in this section shall preclude the right of any elector of the proposed district from filing a written complaint or objection on or prior to the date of any public hearing concerning the organization of such district. (Ord. No. 2010-17, § 13, 5-17-2010; Ord. No. 2007-33, § 1, 6-4-2007)