BOARD01726

• Board Meeting Date: 3/22/2005
• Description: Current State Legislative Issues
• Board Meetings - Doc Type: Memo

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PETITION AT ANY TIME IN THE DISTRICT COURT IN AND FOR ANY COUNTY IN
WIDCH THE DISTRICT IS LOCATED WHOLLY OR IN PART, REQUESTING A
JUDICIAL EXAMINATION AND DETERMINATION OF ANY POWER CONFERRED
OR OF ANY TAX, RATES, OR SERVICE CHARGES LEVIED, OR OF ANY ACT,
PROCEEDING, OR CONTRACT OF THE DISTRICT, WHETHER OR NOT SAID
CONTRACT HAS BEEN EXECUTED, INCLUDING PROPOSED CONTRACTS FOR
THE ACQUlSmON, IMPROVEMENT, EQUIPMENT, MAINTENANCE, OPERATION,
OR DISPOSAL OF ANY PROJECTS OR FACILITIES FOR THE DISTRICT. SUCH
PETITION SHALL SET FORTH THEFACTS UPONWIDCH THE VALIDITY OF SUCH
POWER, ASSESSMENT, ACT, PROCEEDING, OR CONTRACT IS FOUNDED AND
SHALL BE VERIFIED BY THE PRESIDENT OF THE BOARD.
(b) AN ACTION TAKEN PURSUANT TO PARAGRAPH (a) OF THIS
SUBSECTION (1) SHALL BE IN THE NATURE OF A PROCEEDING IN REM, AND
JURISDICTION OF ALL PARTIES INTERESTED MAY BE HAD BY PUBLICATION,
MAILING, AND POSTING, AS PROVIDED IN THIS ARTICLE. NOTICE OF THE
FILING OF SAID PETITION SHALL BE GIVEN BY THE CLERK OF THE COURT,
UNDER THE COURT'S SEAL, STATING IN BRIEF OUTLINE THE CONTENTS OF
THE PETITION AND SHOWING WHERE A FULL COpy OF ANY CONTRACT
MENTIONED IN THE PETITION MAYBE EXAMINED. THE NOTICE SHALL BE
SERVED BY PUBLICATION IN AT LEAST THREE CONSECUTIVE ISSUES OF A
NEWSPAPER OF GENERAL CIRCULATION IN DOUGLAS COUNTY AND IN AT
LEAST THREE CONSECUTIVE ISSUES OF A NEWSPAPER OF GENERAL
CIRCULATION IN ARAPAHOE COUNTY, AND BY POSTING THE NOTICE IN THE
PRINCIPAL OFFICE OF THE DISTRICT AT LEAST TWENTY DAYS BEFORE THE
DATE FIXED IN THE NOTICE FOR THE HEARING ON THE PETITION. NOTICE
SHALL ALSO BE MAILED TO OR PERSONALLY SERVED UPON EACH WATER
PROVIDER AND THE DOUGLAS AND ARAPAHOE COUNTY COMMISSIONERS.

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HBOS-l298