Sec. 130-558. Hearing—Dismissal—Findings—Declaration—When action barred.
(a) On the day fixed for such hearing or at any adjournment thereof or, if the hearing is waived under subsection (b) of this section, if it is shown that:
(1) One or more of the signatures on the petition are not genuine or are otherwise invalid and such fact would cause the petition to fall below the number of signatures required to initiate the creation of an area under subsection 130-554(a) or to waive a hearing under subsection (b) of this section; or
(2) The enhanced tax as described in the petition would constitute an unlawfully discriminatory, arbitrary, or confiscatory tax within the meaning of federal or state law,
Then the city council shall dismiss the petition and adjudge the costs against those executing the bond filed to pay such costs. The findings of the city council upon these issues and all matters of fact incident thereto shall be final and conclusive on all parties in interest, whether appearing or not. No appeal or other remedy shall lie from an order dismissing said proceeding pursuant to this section. Nothing in this section shall prevent the filing of subsequent petitions for a similar or same area. The right so to renew such proceeding is hereby expressly granted and authorized.
(b) If the petition for creating an area is signed by 100 percent of the owners of taxable real property to be included in the area and contains a request for a waiver of all or any of the requirements for notice, publication, hearing or filing of a bond set forth in this section and in subsection 130-557(a), the city council may, at its discretion, waive such requirements.
(c)
(1) Upon the hearing if required, or without a hearing pursuant to subsection (b) of this section, if it appears that a petition for the creation of an area has been duly signed and presented in conformity with this article and that the allegations of the petition are true, the city council, by ordinance duly adopted and made effective, shall adjudicate all questions of jurisdiction and may order that the question of creating the area and of levying an enhanced tax or enhanced taxes be submitted to the electors at an election to be held for that purpose in accordance with the provisions of the Uniform Election Code of 1992 (§§ 1-1-101, ET SEQ., C.R.S.), the Colorado Municipal Election Code of 1965 (§§ 31-10-101, ET SEQ., C.R.S.), and chapter 54 of this Code. Such election may be held in conjunction with a regular municipal election or a statewide general election.
(2) At an election held under paragraph (1) of this subsection (c), the electors of the proposed area shall vote for or against the question of creating the area and of levying the enhanced tax or enhanced taxes. If a majority of the votes cast at the election are in favor of the question, the city council shall adopt an ordinance declaring the area created and the enhanced tax or enhanced taxes levied.
(3) If a petition filed with the city council complies with subsection (b) of this section, the city council may adopt an ordinance declaring the area created without any notice, publication, hearing, election, or filing of a bond; provided, however, that the question of levying an enhanced tax shall be submitted to the electors at an election held under paragraph (1) of this subsection (c).
(d) If an ordinance is adopted creating the area and levying an enhanced tax, such ordinance shall finally and conclusively establish the creation of the area and the levying of an enhanced tax or enhanced taxes against all persons unless an action attacking the validity of the ordinance is commenced in a court of competent jurisdiction within 30 calendar days after the adoption of such ordinance. Thereafter, any such action shall be perpetually barred. The creation of the area and the levying of the enhanced tax or enhanced taxes shall not be directly or collaterally questioned in any suit, action, or proceeding. (Ord. No. 2011-15, § 1, 7-11-2011)