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<br />been mailed by first-class United States mail, postage
<br />prepaid, to each taxpaying elector of such district at
<br />his last-lmown address,: as disclosed by the tax
<br />records of the county or counties within which such
<br />district is located.
<br />{C)i Availability: of service or facilities
<br />charges shall be assessed solely for the 'purpose of
<br />paying principal of and interest on ooy outstanding
<br />indebtedness or bonds of such district and shall not
<br />be used to pay any operation or. maintenance
<br />expenses of, nor capital improvements within or for,
<br />such district
<br />(D) Availability of service or facilities
<br />charges shall be assessed only wrere water, sewer, or
<br />both water and sewer lin~ are installed and ready for
<br />connection within one h~dred feet of any property
<br />line of the residential lot or residential lot equivalent
<br />to be assessed, but to one or both of which line or
<br />lines the particular lot or lot equivalent to be assessed
<br />is not connected.
<br />(E) Availability of service or facilities
<br />charges shall be a percentage, not to exceed fifty
<br />percent, of the fees, rates; tolls, or charges for use of
<br />services or facilities of such district, said percentage
<br />to be determined by the board. If the fees, rates, tolls,
<br />or charges for the use of services or facilities vary
<br />dependent upon quantities of usage, the availability
<br />of service or facilities charges shall be a percentage,
<br />not to exceed fifty perCent, of the average usage
<br />derived by dividing the total usage quantity for such
<br />district for the last preceding fiscal year by the total
<br />number of users in such district, said percentage to be
<br />determined by the board. In addition the aggregate
<br />amount of revenue budgeted and expected to be
<br />derived from availability of service or facilities
<br />charges shall not exceed the total amount of principal
<br />of and interest 'on the outstanding indebtedness or
<br />bonds of such district for such service currently
<br />budgeted for and to mature or accrue during the
<br />annual period within which such availability of
<br />service or facilities charges are payable, less the
<br />amount budgeted and expected to be produced during
<br />such period by the milll<~vy allocable to such service
<br />then being budgeted for and levied and assessed by
<br />such district.
<br />(ID Notwithst~ding the provisions of this
<br />paragraph (h), any me~opolitan district providing
<br />water or sanitation or water and sanitation services
<br />which,. prior to July 1, 1981, has imposed an
<br />availability of service charge pursuant to section 32-
<br />35-402 (1) (f), C.R.S;, and has pledged such
<br />availability of service ~harges to the payment of
<br />outstanding bonds may .continue such charge until
<br />such bonds are retired.
<br />'(1.5) (a) No wa~er and sanitation district or
<br />water district shall furnish water service or water
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<br />supply to any property located outside of the district's
<br />boundaries if such property is within the legal
<br />boundaries of another special district that has been
<br />organized with the power to furnish water faciities or
<br />water services, unless:
<br />(I) In compliance with the provisions of this
<br />title and with the consent of the special district within
<br />whose boundaries such property is located, such
<br />property is included within the boundaries of the
<br />district seeking to provide water service or water
<br />supply; or
<br />(ID After April 15, 1996, in lieu of inclusion
<br />pursuant to subparagraph en of this paragraph (a), the
<br />special district within whose boundaries such
<br />property is located gives consent to the provision of
<br />such water service or water supply.
<br />(b) In the absence of such inclusion or
<br />consent, no water and sanitation district or water
<br />district shall have any right or power, however
<br />derived, to provide water service or water supply to
<br />any property outside of that district's boundaries and
<br />within the boundaries of another special district that
<br />has been organized with the power to furnish water
<br />facilities or water services.
<br />(c) As used in this subsection (1.5), "water
<br />facilities" has the same meaning as in section 31-35-
<br />401 (7), C.R.S.
<br />(2) (a) A special district organized for water
<br />or sanitation or for water and sanitation purposes,
<br />upon the filing of a resolution of the board with the
<br />court and after an election held pursuant to paragraph
<br />(b) of this subsection (2), may tecome a water and
<br />sanitation or metropolitan district, respectively,
<br />possessing all the rights, powers, and authority of
<br />such a district if there is not then pending a petition
<br />for the organization of a water and sanitation or
<br />metropolitan district, partially or wholly within the
<br />water or sanitation or water and sanitation district,
<br />and if a metropolitan district does not already exist
<br />wholly or partly within the boundaries of the
<br />sanitation or water or water and sanitation district
<br />(b) (D After a hearing on the resolution, the
<br />court shall direct that the question of conversion of
<br />the special district be submitted to the eligible
<br />electors of the special district and shall appoint the
<br />secretary as the designated election official
<br />responsible for the calling and conducting of the
<br />election according to the provisions of articles 1 to 13
<br />of title 1, C.R.S.
<br />(II) If a majority of the votes cast at the
<br />election are in favor of conversion and the court
<br />determines the election was held in accordance with
<br />articles 1 to 13 of title 1, C.R.S., the court shall enter
<br />an order including any conditions so prescribed and
<br />converting the special district.
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<br />Page 10
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<br />November, 2001
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