HomeMy WebLinkAbout20184217.tiffCOLORADO CONSTITUTION
ARTICLE XIV
COUNTIES
§ 6. County commissioners--election--term
In each county having a population of less than seventy thousand there shall be elected, for a term
of four years each, three county commissioners who shall hold sessions for the transaction of
county business as provided by law; any two of whom shall constitute a quorum for the transaction
of business. Two of said commissioners shall be elected at the general election in the year nineteen
hundred and four, and at the general election every four years thereafter; and the other one of said
commissioners shall be elected at the general election in the year nineteen hundred and six, and at
the general election every four years thereafter; provided, that when the population of any county
shall equal or exceed seventy thousand, the board of county commissioners may consist of five
members, any three of whom shall constitute a quorum for the transaction of business. Three of
said commissioners in said county shall be elected at the general election in the year nineteen
hundred and four, and at the general election every four years thereafter; and the other two of said
commissioners in such county shall be elected at the general election in the year nineteen hundred
and six and every four years thereafter; and all of such commissioners shall be elected for the term
of four years.
This section shall govern, except as hereafter otherwise expressly directed or permitted by
constitutional enactment.
Amended by Laws 1901, Ch. 50, § 1; 2000, S.C.R.00-005, § 1, eff. Dec. 28, 2000.
§ 8. County officers--election--term--salary
There shall be elected in each county, at the same time at which members of the general assembly
are elected, commencing in the year nineteen hundred and fifty-four, and every four years
thereafter, one county clerk, who shall be ex officio recorder of deeds and clerk of the board of
county commissioners; one sheriff; one coroner; one treasurer who shall be collector of taxes; one
county surveyor; one county assessor; and one county attorney who may be elected or appointed,
as shall be provided by law; and such officers shall be paid such salary or compensation, either
from the fees, perquisites and emoluments of their respective offices, or from the general county
fund, as may be provided by law. The term of office of all such officials shall be four years, and
they shall take office on the second Tuesday in January next following their election, or at such
other time as may be provided by law.
Amended by Laws 1901, Ch. 50, § 2; Laws 1921, Ch. 72, § 1; Laws 1955, Ch. 98, Initiated 1954; 2000, S.C.R.00-
005, § 1, eff. Dec. 28, 2000.
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§ 9. Vacancies --how filled
In case of a vacancy occurring in the office of county commissioner a vacancy committee of the
same political party as the vacating commissioner constituted as provided by law shall, by a
majority vote, fill the vacancy by appointment within ten days after occurrence of the vacancy. If
the vacancy committee fails to fill the vacancy within ten days after occurrence of the vacancy, the
governor shall fill the same by appointment within fifteen days after occurrence of the vacancy.
The person appointed to fill a vacancy in the office of county commissioner shall be a member of
the same political party, if any, as the vacating commissioner. In case of a vacancy in any other
county office, or in any precinct office, the board of county commissioners shall fill the same by
appointment. Any person appointed pursuant to this section shall hold the office until the next
general election, or until the vacancy is filled by election according to law.
Amended by 1978, S.C.R.78-006, § 1, eff. Dec. 29, 1978.
§ 10. Elector only eligible to county office
No person shall be eligible to any county office unless he shall be a qualified elector; nor unless
he shall have resided in the county one year preceding his election.
§ 12. Other officers
The general assembly shall provide for the election or appointment of such other county officers
and such municipal officers of statutory cities and towns as public convenience may require; and
their terms of office shall be as prescribed by statute.
Repealed and reenacted by 1969, S.C.R.69-006, § 1, eff. Jan. 1, 1972.
§ 15. Compensation and fees of county officers
The general assembly shall fix the compensation of county officers in this state by law, and shall
establish scales of fees to be charged and collected by such county officers. All such fees shall be
paid into the county general fund.
When fixing the compensation of county officers, the general assembly shall give due
consideration to county variations, including population; the number of persons residing in
unincorporated areas; assessed valuation; motor vehicle registrations; building permits; military
installations; and such other factors as may be necessary to prepare compensation schedules that
reflect variations in the workloads and responsibilities of county officers and in the tax resources
of the several counties.
The compensation of any county officer shall be increased or decreased only when the
compensation of all county officers within the same county, or when the compensation for the
same county officer within the several counties of the state, is increased or decreased.
County officers shall not have their compensation increased or decreased during the terms of office
to which they have been elected or appointed.
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Repealed and reenacted by 1968, H.C.R.68-1004, § 1. Amended by 2000, S.C.R.00-005, § 1, eff. Dec. 28, 2000.
§ 16. County home rule
(1) Notwithstanding the provisions of sections 6, 8, 9, 10, 12, and 15 of this article, the registered
electors of each county of the state are hereby vested with the power to adopt a home rule charter
establishing the organization and structure of county government consistent with this article and
statutes enacted pursuant hereto.
(2) The general assembly shall provide by statute procedures under which the registered electors
of any county may adopt, amend, and repeal a county home rule charter. Action to initiate home
rule may be by petition, signed by not less than five percent of the registered electors of the county
in which home rule is sought, or by any other procedure authorized by statute. No county home
rule charter, amendment thereto, or repeal thereof, shall become effective until approved by a
majority of the registered electors of such county voting thereon.
(3) A home rule county shall provide all mandatory county functions, services, and facilities and
shall exercise all mandatory powers as may be required by statute.
(4) A home rule county shall be empowered to provide such permissive functions, services, and
facilities and to exercise such permissive powers as may be authorized by statute applicable to all
home rule counties, except as may be otherwise prohibited or limited by charter or this constitution.
(5) The provisions of sections 6, 8, 9, 10, 12, and 15 of article XIV of this constitution shall apply
to counties adopting a home rule charter only to such extent as may be provided in said charter.
Added by 1969, S.C.R.69-006, § 1, eff. Jan. 1, 1972. Amended by 1984, H.C.R.84-1003, § 1, eff. Jan. 14, 1985.
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COLORADO REVISED STATUTES
Title 30
Government -County
Article 11
County Powers and Functions
Part 5
County Home Rule Charters
§ 30-11-501. County home rule charters
Any county in this state, pursuant to the provisions of this part 5, may establish the organization
and structure of county government which shall be submitted to and adopted by a majority vote of
the registered electors of the county which shall be known as a county home rule charter.
Amended by Laws 1985, S.B.102, § 8, eff. April 30, 1985.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-11-502. Charter commission
(1) Following the adoption of a resolution by the board of county commissioners, or upon the
submission of a petition of not less than five percent of the registered electors of the county,
requesting that a charter commission be established, the board of county commissioners shall call
an election to be held on or before the next general election for the purpose of determining whether
or not a charter commission shall be elected. The board of county commissioners shall publish
notice of the election at least sixty days prior to the election.
(2)(a) At least sixty days before the election provided for in section 30-11-503, the board of county
commissioners shall divide the county into three compact districts; such districts to be as nearly
equal in population as possible, for the purpose of electing charter commission members by district
according to subsection (4) of this section.
(b) If the provisions of paragraph (a) of this subsection (2) are not met before sixty days prior to
the election provided for in section 30-11-503, no member of the board of county commissioners
of the county shall thereafter be entitled to or earn any compensation for his services or receive
any payment for salary or expenses, nor shall any member be eligible to succeed himself in office.
(3)(a) The charter commission shall consist of the following members and be elected from the
district as follows:
(I) In counties having a population of less than fifty thousand, eleven members, three of whom
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shall reside in and be elected from each commissioner district within the county and two to be
elected at large;
(II) In counties having a population of fifty thousand or more, twenty-one members, six of whom
shall reside in and be elected from each commissioner district and three to be elected at large.
(b) Eligibility to serve on the commission shall extend to all qualified electors of the county. Any
vacancy in the charter commission shall be filled by majority vote of the members of the charter
commission.
(4) Candidates for the charter commission shall be nominated by filing with the county clerk and
recorder, on forms supplied by the county clerk and recorder, a nomination petition signed by at
least twenty-five registered electors of the county and a statement by the candidate consenting to
serve if elected. Said petition and statement must be filed within thirty days after publication of
the election notice. A second notice of the election shall be published by the said commissioners
and include the names of candidates for the charter commission.
Amended by Laws 1985, S.B.102, § 9, eff. April 30, 1985.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-11-503. Election on formation of charter convention and designation of members
(1) At the election, voters shall cast ballots for or against forming the charter commission. If a
majority of the registered electors voting thereon vote for forming the charter commission, a
commission to frame a charter shall be deemed formed.
(2) At the election voters shall also cast ballots for electing the requisite number of charter
commission members. Those candidates receiving the highest number of votes shall be elected. In
the event of tie votes for the last available vacancy, the clerk shall determine by lot the person who
shall be elected.
Amended by Laws 1985, S.B.102, § 10, eff. April 30, 1985.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-11-504. Development of proposed charter
(1) A charter commission elected pursuant to section 30-11-503 shall meet on a date designated
by the board of county commissioners for the purposes of organization within thirty days after the
election. The charter commission shall elect a chairman and a vice-chairman from among its
membership. Further meetings of the commission shall be held upon call of the chairman or a
majority of the members of the commission. All meetings shall be open to the public. A majority
of the charter commission shall constitute a quorum. The commission may adopt such other rules
for its operations and proceedings as it deems necessary or desirable. Members of the commission
shall receive no compensation but shall be reimbursed for necessary expenses pursuant to law.
(2) The charter commission shall conduct a comprehensive study of the operation of county
government and of the ways in which the conduct of county government might be improved or
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reorganized. Within two hundred forty days after its initial meeting, the charter commission shall
present to the board of county commissioners a proposed charter, upon which it shall have held
three public hearings at intervals of not less than fifteen nor more than thirty days, and notice of
these public hearings shall be published not less than fifteen days prior to each public hearing in a
newspaper of general circulation within the county. Within ten days of the last of such public
hearings, the charter commission shall incorporate any amendments it deems desirable. A majority
vote of the members of the charter commission in favor of a proposed charter for the county shall
be required to forward said charter to the board of county commissioners for the setting of a
referendum election as provided in section 30-11-505.
(3) In the event that the charter commission fails to present a charter to the board of county
commissioners after the specified time, the charter commission shall recess for a period of not less
than thirty days nor more than ninety days. The board of county commissioners shall then call the
charter commission to begin a second attempt to present a charter which shall be presented within
a period of ninety days. In the event a second attempt to present a charter to the board of county
commissioners also fails, the charter commission shall be excused from its duties and dissolved
by the board. All records, files, and proceedings of the charter commission shall be submitted to
the board of county commissioners for storage and safekeeping as a public record. A new charter
commission shall be elected on dissolution as provided in section 30-11-502.
(4) The board of county commissioners is authorized to establish a special county charter fund and
establish a mill levy therefor when the charter commission has submitted a preliminary budget
approved by the board of county commissioners. The expenses of the charter commission shall be
verified by a majority vote of the commission and shall be submitted to the board of county
commissioners for approval, which approval shall not be unreasonably withheld. If approved,
payment shall be made from the special county charter fund. The charter commission may employ
a staff, may consult and retain experts, and may purchase, lease, or otherwise provide for such
supplies, materials, equipment, and facilities as it deems necessary or desirable. The board of
county commissioners may accept funds, grants, gifts, and services for the charter commission
from the state of Colorado, the government of the United States or any of its agencies, or other
sources, public or private.
Amended by Laws 1975, S.B.67, § 1, eff. June 4, 1975.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-11-505. Referendum election on charter --adoption or rejection
(1) Upon submission to the board of county commissioners of a charter by the charter commission,
the board of county commissioners shall call a special election, to be paid for from the special
county charter fund and held pursuant to the Colorado election laws. The special election shall be
held not more than ninety days nor less than forty-five days after the board of county
commissioners receives the proposed charter; however, if a coordinated election or general
election is to be held within sixty days after the board of county commissioners receives the
proposed charter, the special election shall be held as part of the coordinated election or general
election. The board of county commissioners shall publish in a newspaper of general circulation
within the county a complete text of the proposed charter not less than ten days prior to the special
election. At the special election a referendum of the registered electors of the county shall be held
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to determine the question of whether the proposed charter as submitted shall be adopted. Notice of
the election on the proposed charter shall be published at least thirty days prior to the election.
(2) If a majority of those voting on the question favor the adoption of the charter, the said charter
shall become effective January 1 of the succeeding year or at such other time as the charter may
provide. Such charter, once adopted by the electors, may be amended only by the registered
electors of the county.
(3) If a majority of the voters disapprove the proposed charter, the charter commission may proceed
to prepare a revised proposed charter in the same manner provided for preparation, submission,
and election on the proposed charter. The election on any revised proposed charter must be held
not less than ninety nor more than one hundred eighty days after the election rejecting the proposed
charter. The charter commission shall not submit more than one proposed charter and one revised
proposed charter. If a majority of the voters disapprove the proposed charter, or the revised
proposed charter, if one is submitted, no new referendum may be held during the next twelve
months following the date of the last disapproval.
(4) Upon acceptance or rejection of the proposed charter or the revised proposed charter, if one is
submitted by the registered electors of the county, the charter commission shall be dissolved, and
all property of the charter commission shall thereupon become the property of the county, and the
board of county commissioners shall adopt a resolution to that effect.
Amended by Laws 1985, S.B.102, § 11, eff. June 4, 1985; Laws 2006, Ch. 356, § 25, eff. June 6, 2006.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-11-506. Procedure to amend or repeal charter
(1) Action to amend a charter shall be initiated by:
(a) A petition signed by at least five percent of the registered electors of the county; or
(b) A resolution adopted by the board of county commissioners submitting the proposed
amendment to the registered electors.
(2) Action to repeal a charter or to form a new charter commission may be initiated by a petition
signed by at least fifteen percent of the registered electors of the county.
(3)(a) Within thirty days of initiation of a proposed amendment, repeal, or charter convention
measure, the board of county commissioners shall publish notice of and call an election to be held
not less than thirty nor more than one hundred twenty days after said publication. The text of any
proposed amendment shall be published with said notice.
(b) If the proposal is for a charter commission, the election shall be scheduled at least sixty days
after publication of the notice. The procedure for the forming and functioning of a new charter
commission shall comply as nearly as practicable with provisions relating to formation and
functioning of an initial charter commission.
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(4) If a majority of the registered electors voting thereon vote for a proposed amendment, the
amendment shall be deemed approved. If a majority of the registered electors voting thereon vote
for repeal of the charter, the charter shall be deemed repealed, and the county shall proceed to
organize and operate pursuant to the statutes applicable to statutory counties.
Amended by Laws 1985, S.B.102, § 12, eff. June 4, 1985.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-11-507. Filings --effect of
(1) Within twenty days after voter approval, a certified copy of the charter shall be filed with the
division of local government and with the county clerk and recorder.
(2) This section shall also apply to an amendment or repeal of a charter.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-11-508. Initiative, referendum, and recall
Every charter shall contain procedures for the initiative and referendum of measures and for the
recall of elected officers.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-11-509. Time limit on submission of similar proposals
No proposal for a charter commission, charter amendment, or repeal of a charter shall be initiated
within twelve months after rejection of a substantially similar proposal.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-11-510. Publication requirements
"Publish" or "publication" means one publication in one newspaper of general circulation in the
county. If there is no such newspaper, publication shall be by posting in at least three public places
within the county.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-11-511. Board of county commissioners --home rule counties
A home rule county shall provide all mandatory county functions, services, and facilities and shall
exercise all mandatory powers required by statute. A home rule county may provide such
permissive functions, services, and facilities and may exercise such permissive powers as
authorized by statute applicable to nonhome rule counties, except as may be otherwise prohibited
or limited by the county charter or the constitution of Colorado. Any power, function, service, or
facility vested by statute in a particular county officer, agency, or board, including a board of
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county commissioners, may be exercised or performed within a home rule county by such county
officer, agency, or board or by any other county officer, agency, or board designated in the home
rule charter. For home rule counties, the term "board of county commissioners" means the
governing body of the county designated by the county.
Repealed and reenacted by Laws 1976, S.B.58, § 1, eff. March 16, 1976.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-11-512. Finality
No proceeding contesting the adoption of a charter, charter amendment, or repeal thereof shall be
brought unless commenced within one hundred eighty days after the election adopting the
measure.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-11-513. Officers
Officers of a home rule county shall be appointed or elected as provided for in the charter; the
terms of office and qualifications of such officers shall also be provided for in the charter; however,
the duties of such officers shall be as provided by statute. The charter shall designate the officers
who shall respectively perform the acts and duties required of county officers by statute. No elected
official shall receive any increase or decrease in compensation under any resolution passed during
the term for which he was elected.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
Article 35
Home Rule Counties
Part 1
General Provisions
§ 30-35-101. Short title
This article shall be known and may be cited as the "Colorado County Home Rule Powers Act".
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-102. Legislative declaration
The general assembly declares that, in order to better meet and resolve problems of growth and
urbanization and to promote the health, safety, security, and general welfare of the people, county
government should be strengthened and provided more flexibility in its powers; therefore, this
article is enacted with the intent to implement the provisions of section 16 of article XIV of the
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state constitution to provide home rule powers for the counties of this state and shall be liberally
construed to effect such intent.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-103. Home rule counties --general powers
(1) Any county which adopts, has adopted, or proposes to adopt a county home rule charter to
establish the organization and structure of county government, pursuant to the provisions of part 5
of article 11 of this title, may provide in such charter, or amendment thereto for the adoption of all
or certain of the home rule powers authorized pursuant to the provisions of this article. In addition
to powers authorized in this article, a home rule county, and its officers and employees, shall have
all the powers of any county not adopting a home rule charter, except as otherwise provided in this
article or in the charter or in the state constitution.
(2) None of the home rule powers granted in this article shall be exercised by a home rule county
within the corporate limits of any municipality or territory annexed thereto, nor shall any fee, tax,
assessment, or levy of any kind be imposed within such municipality for the exercise of any of the
county home rule powers which are not authorized for nonhome rule counties, unless consent
thereto is first given by the governing body of such municipality. Nothing contained in this article
shall affect the power, otherwise granted by law, of a home rule county to own, operate, and
maintain real and personal property within the corporate limits of any municipality.
(3) Notwithstanding any other provision in this part 1, none of the powers authorized in this article
shall be applied to any municipal property, functions, services, or facilities, whether provided or
located within or outside municipal boundaries, as the boundaries may from time to time exist,
unless consent thereto is first given by the governing body of the municipality. This part 1 shall
not be construed as limiting the authority of any municipality nor as expanding the authority of
any county with respect to any municipality or any municipal property, functions, services, or
facilities.
(4) A home rule county shall provide all mandatory county functions, services, and facilities and
shall exercise all mandatory powers as are required by law for counties not having home rule
powers. A home rule county may provide all permissive functions, services, and facilities and may
exercise all permissive powers granted in this article and by other law applicable to counties not
having home rule powers, except as otherwise provided in this article or in the charter or in the
state constitution.
(5) A home rule county shall be a body politic and corporate, under such name and style as
prescribed by law, and may sue and be sued, contract or be contracted with, acquire and hold real
and personal property, have a common seal which it may change and alter at pleasure, and have
such other privileges as are incident to corporations of like character or degree, not inconsistent
with its charter or the laws of this state.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
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Part 2
General Powers
§ 30-35-201. Powers of governing bodies
The governing body of a home rule county shall exercise such duties and authority and shall have
all the powers and responsibilities as provided by law for governing bodies of counties not
adopting a home rule charter and shall also have all of the following powers that have been
included in the county's home rule charter or in any amendment thereto, pursuant to the provisions
of section 30-35-103(1):
(Administrative Powers)
(1) Finances. To control the finances and property of the corporation;
(2) Appropriations. To appropriate moneys for corporate purposes only, and provide for payment
of debts and expenses of the corporation;
(3) Public entertainment. To appropriate moneys in an amount not exceeding six -tenths of one
mill on the valuation for assessment for the purpose of giving public concerts and entertainments
by such corporation;
(4) Advertising. To appropriate moneys for the purpose of advertising the business, social, and
educational advantages, the natural resources, and the scenic attractions of the corporation;
(5) Taxes. To levy and collect taxes for general and special purposes on real and personal property,
as provided by statute;
(6) Indebtedness. (a) To contract an indebtedness on behalf of the county and upon the credit
thereof, by borrowing money or issuing the bonds of the county, for any public purpose of the
county, including, but not limited to, the supplying of water and sewer facilities service, the
purchase of land, and the purchase, construction, extension, and improvement of public roads,
streets, buildings, facilities, and equipment, and for the purpose of supplying a temporary
deficiency in the revenue for defraying the current expenses of the county;
(b) The total amount of indebtedness for all purposes shall not at any time exceed three percent of
the valuation for assessment of the county as determined by the county assessor, except such debt
as may be incurred in supplying water, and no loan for any purpose shall be made unless it is by
ordinance, which shall be irrepealable until the indebtedness therein provided for is fully paid or
discharged, specifying the purposes to which the funds to be raised shall be applied, and providing
for the levying of a tax which, together with such other revenues, assets, or funds as may be
pledged, shall be sufficient to pay the annual interest on, and extinguish the principal of, said debt
within the time limited for the debt to run, which, excepting such debt as may be incurred in
supplying water, shall not be more than thirty years; except that said tax when collected shall only
be applied for the purposes in said ordinance specified, until the indebtedness is paid and
discharged; but no debt shall be created unless the question of incurring the same is submitted, at
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a regular or special election of the county, to the registered electors thereof and a majority of the
registered electors voting upon the question vote in favor of creating such debt.
(c) No statutory provisions of any other law limiting or fixing tax rates shall limit the provisions
of this subsection (6).
(d) Bonds issued under this subsection (6) may mature serially during a period of not more than
thirty years from the date thereof, in which event the amounts of such annual maturities shall be
fixed by the governing body; except that bonds issued to supply water may mature over a longer
period. If the governing body so determines, said bonds maybe redeemable prior to maturity with
or without payment of a premium, not exceeding three percent of the principal thereof. In any
event said bonds shall be subject to call commencing not later than fifteen years from the date
thereof. The right to redeem all or part of said bonds prior to their maturity, and the order of any
such redemption, shall be reserved in the ordinance authorizing the issuance of bonds and shall be
set forth on the face of said bonds.
(e) The ordinance or resolution submitting the question of contracting an indebtedness shall
contain a statement of the maximum net effective interest rate at which said indebtedness may be
incurred. For the purposes of this article:
(I) "Net effective interest rate" of a proposed issue of bonds shall be defined as the net interest cost
of said issue divided by the sum of the products derived by multiplying the principal amount of
such issue maturing on each maturity date by the number of years from the date of said proposed
bonds to their respective maturities.
(II) "Net interest cost" of a proposed issue of bonds shall be defined as the total amount of interest
to accrue on said bonds from their date to their respective maturities, plus the amount of any
discount below par or less the amount of any premium above par at which said bonds are being or
have been sold. In all cases the net effective interest rate and net interest cost shall be computed
without regard to any option of redemption prior to the designated maturity dates of the bonds.
(f)(I) The governing body, having received approval at an election to issue bonds and having
determined that the limitations of the original election question are too restrictive to permit the
advantageous sale of the bonds so authorized, may submit, at another regular or special election,
either the question of issuing the bonds, or any portion thereof, at a higher maximum net effective
interest rate than the maximum interest rate or maximum net effective interest rate approved at the
original election or the question of issuing the bonds, or any portion thereof, to mature over a
longer period of time than the maximum period of maturity approved at the original election, or
the governing body may submit both such questions.
(II) An election held pursuant to this paragraph (f) shall be held in substantially the same manner
as an election to authorize bonds initially, except as may be required for the submission of the
limited question or questions permitted under this paragraph (f).
(III) At an election held pursuant to this paragraph (f), if the changes submitted are not approved,
such result shall not impair the authority of the governing body at a later time to issue the bonds
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originally approved within the limitations established at the first election.
(7) Officers and employees. To provide by ordinance for the powers, duties, appointment, term
of office, removal, and compensation of all officers and employees of the county not otherwise
provided for by the state constitution or by statute or by charter and to provide for a retirement
plan for such officers and employees;
(8) Supplies. To provide by ordinance that all the paper, printing, stationery, fuel, and other
supplies needed for the use of the county shall be furnished by contract let to the lowest responsible
bidder;
(9) Charges on land. To prescribe, by general ordinance, the mode in which the charges on the
respective owners of lots or lands, and on the lots or lands, shall be assessed and determined for
the purposes so authorized by law. Any such charge, when assessed, shall be payable by the owners
at the time of the assessment, personally, and also be a lien upon lots or parcels of land from the
time of the assessment. Such charge may be collected and such lien enforced by a proceeding in
law or in equity, either in the name of such corporation or of any person to whom it shall have
directed payment to be made. In any such proceedings where pleadings are required, it shall be
sufficient to declare generally for work and labor done and materials furnished on the particular
street, alley, or highway, for sewerage, or for water used. Proceedings may be instituted against all
the owners, or any of them, to enforce the lien against all the lots or parcels of land, or each lot or
parcel, or any number of them embraced in any one assessment; but the judgment or decree shall
be for each separately for the amount properly chargeable to each. Any proceedings may be
severed in the discretion of the court for the purpose of trial, review, or appeal.
(10) Vacancies. To fill any vacancy occurring by death, removal, or resignation of any member of
the governing body or other elective county officer by the appointment of a successor, and such
appointee shall hold his office only until the next election, when the vacancy shall be filled by
election as in other cases;
(11) Grants of rights -of -way. To grant, by ordinance and upon such terms and conditions as may
be prescribed therein, rights -of -way through, over, across, and under roads, streets, and alleys;
(Public Works and Services)
(12) Buildings. To construct and maintain public buildings;
(12.5) Energy conservation measures. To enter into installment purchase contracts or shared -
savings contracts or otherwise incur indebtedness under section 29-12.5-103, C.R.S., to finance
energy conservation and energy saving measures and enter into contracts for an analysis and
recommendations pertaining to such measures under section 29-12.5-102, C.R.S.
(13) Streets and public grounds. (a) To plan, establish, open, alter, widen, extend, grade, pave,
or otherwise improve roads, streets, alleys, avenues, sidewalks, parks, and public grounds, and
vacate the same, and to direct and regulate the landscaping within the rights -of -way of such roads,
streets, and, avenues and on public grounds; to regulate the use of the same; to prevent and remove
10
encroachments or obstructions upon the same; to provide for the lighting of the same; and to
provide for the maintenance of the same;
(b) To regulate the openings therein for the laying -out of gas or water mains and pipes and the
building and repairing of sewers, tunnels, and drains or for any other purpose;
(c) To regulate the use of sidewalks along the streets and alleys, and all structures thereunder, and
to require the owner or occupant of any premises to keep the sidewalks free from snow and other
obstructions;
(d) To regulate and prevent the throwing or depositing of ashes, garbage, or any offensive matter
in, and to prevent any injury to, any road, street, avenue, alley, or public ground;
(e) To provide for and regulate crosswalks, curbs, and gutters;
(f) To regulate and prevent the use of roads, streets, sidewalks, and public grounds for the erection
of signs, signposts, awnings, awning posts, and utility poles and for the posting of handbills and
advertisements; to regulate and prohibit the exhibition or carrying of banners, placards,
advertisements, or handbills upon the streets or public grounds or upon the sidewalks; and to
regulate and prevent the flying of flags, banners, or signs across the streets or from houses or other
structures;
(g) To regulate the numbering of houses and lots and to name and change the name of any road,
street, avenue, alley, or other public place;
(14) Bridges and tunnels. To construct and maintain bridges, viaducts, and tunnels and to regulate
the use thereof;
(15) Sewers and water mains. To construct and maintain culverts, drains, sewers, water mains,
septic tanks, and cesspools and to regulate their use and to assess, either in whole or in part, the
cost of the construction of sewers, water mains, and drains upon the lots or lands adjacent to and
opposite the improvements in proportion to the frontage of such lots or lands abutting upon the
road, street, or alley wherein such sewer, water main, or drain is to be laid. The benefit to the public
generally, if any, shall be determined by ordinance and shall be assessed against the county, and
the balance may be assessed against the lots or lands and the owners thereof, according to the
frontage.
(16) Lease or purchase of canals. To purchase or lease any canal or ditch already constructed, or
which may hereafter be constructed, and all the rights, privileges, and franchises of any person or
corporation owning the same or having any interest or right therein, and to hold and operate the
same in the same manner as the persons or corporations from whom the same may be purchased
or leased might otherwise do, if such purchase or lease is made for the purpose of supplying, by
said ditch or canal, water for the use of the people of the county and if a majority of the registered
electors of the county voting at any regular election held for the election of county officers vote in
favor of said purchase;
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(17) Obligations -- repair -- management. In making a purchase or lease pursuant to subsection
(16) of this section, to assume all obligations and other duties which by law devolve upon the
owner of such ditch or canal from whom the same may be purchased or leased by virtue of
subsection (16) of this section and to repair, improve or enlarge said canal or ditch or any flume,
dam, or gate connected therewith and, for such objects, to levy and collect taxes in the same manner
as other taxes are levied and collected by law. The management of such ditch or canal shall be
under the control of the governing body of a home rule county.
(18) Counties may purchase water rights. To purchase water and water rights for the purpose of
supplying counties and the inhabitants thereof with water. When deemed necessary and proper,
the governing body of a county may purchase and hold the lands with which said water right is
connected, whether the same is within or beyond the corporate limits thereof.
(19) May divert waters -- sell lands. To divert the waters acquired by purchase, to the amount
and extent theretofore lawfully appropriated, for the use of the county and the inhabitants thereof
and to sell such lands whenever the governing body of a county may deem such course advisable;
(20) Ratification of prior rights purchased. To exercise the right to hold and retain water rights,
or such lands and water rights as may have been purchased prior to June 8, 1981, by any county in
this state for the purpose of providing water for the use thereof or for the use of its inhabitants,
such right hereby being given and ratified and confirmed to the county; and also to exercise the
right to divert the water belonging to such rights for the use of the county and the inhabitants
thereof; and to sell and dispose of such lands so purchased separate and apart from the water rights
as provided in subsection (19) of this section;
(21) Water pollution control. (a) To cooperate with and report to the water quality control
commission and the department of public health and environment concerning any instances of
water pollution, but this paragraph (a) shall not be construed to affect any activity conducted in
compliance with any valid permit, license, or other authority granted or issued by any agency of
the state or federal government;
(b) To apply for and to accept grants or loans or any other aid from the federal or state government
or any agent or instrumentality thereof or any private agency;
(c) To construct, reconstruct, lease, improve, better, and extend sewerage facilities and sewage
treatment works wholly within or wholly without the county or partially within and partially
without the county;
(d) To issue its general obligation bonds or other general obligations for the purpose set forth in,
and within the limitations prescribed by, subsection (6) of this section and to issue its revenue
bonds or obligations for such purpose in accordance with law;
(e) To provide that such bonds or obligations or any part thereof may be sold to the state of
Colorado or the United States of America or any agency or instrumentality of either at private sale
and without advertisement;
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(f) To cooperate with other local public bodies and with state and federal agencies by contract for
the joint construction and financing of sewerage facilities and sewage treatment works and the
maintenance and operation thereof;
(g) To enter into joint operating agreements with industrial enterprises and accept gifts or
contributions from such industrial enterprises for the construction, reconstruction, improvement,
and extension of sewerage facilities and sewage treatment works. When determined by its
governing body to be in the public interest and necessary for the protection of the public health,
the county is authorized to enter into and perform contracts, whether long-term or short-term, with
any industrial establishment for the provision and operation by the county of sewerage facilities to
abate or reduce the pollution of waters caused by discharges of industrial wastes by the industrial
establishment and the payment periodically by the industrial establishment to the county of
amounts at least sufficient, in the determination of such governing body, to compensate the county
for the cost of providing, including the payment of the principal and any interest charges, and of
operating and maintaining the sewerage facilities serving such industrial establishment.
(22) Firehouses, equipment, and firefighters. To erect firehouses, and provide fire equipment
for the extinguishment of fires and to provide for the use and management of the same; to
determine the powers and duties of the members of the fire department in taking charge of property
to the extent necessary to bring under control and extinguish any fire and to preserve and protect
property not destroyed by fire; and to restrain persons from interfering with the discharge of the
duties of the members of the fire department in connection with the fighting of any fire;
(23) Hospitals and places of relief. (a) To erect, establish, and maintain public hospitals, medical
dispensaries, and other health facilities;
(b) The limitations on borrowing and incurring indebtedness set forth in section 25-3-304(2),
C.R.S., shall not apply to county hospitals established in home rule counties, as that term is defined
in part 5 of article 11 of this title. The board of public hospital trustees in such home rule counties
shall have the power to borrow money and enter into long term leases even where such
indebtedness may not be repaid for more than one year and such indebtedness shall not require the
approval of the board of county commissioners of such county unless such power to approve such
indebtedness is specifically reserved to the board of county commissioners in the county home
rule charter. The home rule county shall incur no liability as a result of the actions to incur
indebtedness by such board of public hospital trustees.
(24) Cemeteries. To establish and regulate cemeteries within or without the corporation and
acquire lands therefor, by purchase or otherwise, and to cause cemeteries to be removed;
(25) Franchise and charges for utilities. When the right to build and operate such water or cable
television systems is granted to private individuals or incorporated companies by the county, to
make such grant to inure for a term of not more than twenty-five years and to authorize such
individuals or company to charge and collect from each person supplied by them with water or
such water or cable television charges as may be agreed upon between said person or corporation
so building said works and the county; and to enter into a contract with the individual or company
constructing said works to supply the county with water for fire purposes and for such other
13
purposes as may be necessary for the health and safety thereof and to pay therefor such sums as
may be agreed upon between said contracting parties;
(26) Assessments for utility charges. To assess from time to time, when constructing such water
or cable television systems, in such manner as they shall deem equitable upon each tenement or
other place supplied with such service, such charges as may be agreed upon by the governing body.
At the regular time for levying taxes in each year, said county is hereby empowered to levy and
cause to be collected, in addition to the other taxes authorized to be levied, a special tax on taxable
property in the county. Such tax, with charges hereby authorized, shall be sufficient to pay the
expenses of operating and maintaining such systems. If the right to build, maintain, and operate
such systems is granted to private individuals or incorporated companies by the county, and the
county shall contract with said individuals or companies for the supplying of such services for any
purpose, the county shall levy each year and cause to be collected a special tax as provided for
above, sufficient to pay off such charges so agreed to be paid to said individuals or company
constructing said systems, but the said special tax shall not exceed the sum of three mills on the
dollar for any one year.
(27) Water facilities and taxes. To construct public wells, cisterns, and reservoirs in the roads,
streets, and other public and private places within the county, or beyond the limits thereof, and to
provide proper pumps and conduits or ditches, for the purpose of supplying such county with
water; and to levy an equitable and just tax or charge upon all consumers of water for the purpose
of defraying the expense of such improvements;
(28) Supply water to outside consumers. To supply water from their water systems to consumers
outside of the county and to collect therefor such charges, upon such conditions and upon such
limitations as the county may impose by ordinance;
(29) Parks -- recreational facilities -- conservation easements. (a) To acquire, establish, and
maintain such lands, or interests in land, within the county as in the judgment of the governing
body may be necessary, suitable, or proper for boulevards, parkways, avenues, driveways, and
roadways or for park or recreational purposes for the preservation or conservation of sites, scenes,
open space, and vistas of scientific, historic, aesthetic, or other public interest.
(b) "Interests in land", as used in subsections (29) to (39) of this section, means and includes any
and all rights and interests in land less than the full fee interest, including, but not limited to, future
interests, easements, covenants, and contractual rights. Every such interest in land held pursuant
to this subsection (29), when recorded, shall be deemed to run with the land to which it pertains
for the benefit of the county holding such interest and may be protected and enforced by a county
in any court of general jurisdiction by any proceeding known at law or in equity.
(c) Any county may unite with any other similarly authorized political subdivision of this state in
acquiring, establishing, and maintaining any property which a county is authorized to acquire,
establish, or maintain pursuant to this subsection (29).
(30) Lands or interests in land acquired. With respect to lands, or interests in land, for any of
the purposes mentioned in subsection (29) of this section, to acquire, either by gift, devise, or
14
purchase, but no land shall be purchased for such purpose until the governing body shall adopt an
ordinance authorizing such acquisition and stating the location and legal description of the lands
to be acquired and, in case of purchase, the price to be paid and the manner of payment or unless
the proposal to acquire such lands shall be submitted upon petition pursuant to subsection (33) of
this section and approved by the electors of the county. Lands or interests in land given or devised
to a county for the purposes mentioned shall be accepted or refused by ordinance passed by the
governing body of the county.
(31) Management -- licenses -- franchises. Exclusively, to manage and control all parks, pleasure
grounds, boulevards, parkways, avenues, driveways, and roads as mentioned in subsection (29) of
this section and, exclusively, to lay out, regulate, and improve the same, to prohibit certain or
heavy traffic therein and thereon, to grant or refuse licenses to vend goods on the roads, streets, or
sidewalks within three hundred feet of any park entrance and on the streets and sidewalks adjoining
parks, and to establish and maintain necessary rules and regulations for the proper supervision and
government thereof. The county shall have such additional powers relating thereto as may be
prescribed by ordinance, and the governing body shall provide, by ordinance, for the enforcement
of such rules and orders.
(32) Bequests for park purposes. Upon such trusts or conditions as may be approved by the
county real or personal property may be granted, bequeathed, devised, or conveyed to the county
for the purpose of the improvement or ornamentation of any park, pleasure ground, boulevard,
parkway, avenue, driveway, or road or for the establishment or maintenance in parks or pleasure
grounds of museums, zoological or other gardens, collections of natural history, observatories,
libraries, monuments, or works of art. All such property or the rents, issues, and profits thereof
shall be subject to the exclusive management and control of the county.
(33) Acquisition and bonds submitted to electors. (a) For any of the purposes named in
subsection (29) of this section within the county limits, to acquire, by purchase, gift, devise, or
exchange, lands, or interests in land, which may be necessary, suitable, or proper. No lands or
interests in land shall be so acquired by purchase unless the governing body has adopted an
ordinance in accordance with the provisions of subsection (30) of this section. No indebtedness
shall be created nor shall any bonds be issued for acquiring such lands or interests in land, unless
the question of incurring such debt and issuing such bonds shall have been submitted at a regular
election to a vote of those persons qualified to vote on authorization of other bonded indebtedness
and approved as required by subsection (6) of this section.
(b) The governing body, upon petition of the registered electors of the county, equal in number to
ten percent of the total number of such electors voting at the last regular election of the county,
shall submit at the next regular election either or both of the questions of acquisition or of incurring
bonded indebtedness by separate ordinance. In the ordinance submitting the question of the
acquisition of such lands or interests in land, the governing body shall state the location of the land
or interests in land proposed to be acquired, describing the same by legal subdivisions, wherever
practicable, and the consideration to be given for the purchase and the manner of payment; and, in
the ordinance submitting the question of incurring indebtedness, the governing body shall state the
maximum net effective interest rate at which the bonds may be issued. If the only question to be
submitted is the acquisition of such properties, the question may be submitted at a regular or special
15
election. If the acquisition or incurring of indebtedness or both have been approved as required by
subsection (6) of this section, the governing body shall acquire such lands or interests in land, incur
said indebtedness, or both, pursuant to said authorization.
(34) Park fund -- certified vouchers. To provide for a park fund which shall consist of moneys
levied, collected, and appropriated therefor and coming into the fund by donation or otherwise. All
moneys collected and credited to the park fund shall be used for the maintenance and improvement
of parks, parkways, boulevards, avenues, driveways, and roads and shall be expended by the
county as in their judgment the needs of such property shall require. The same shall be drawn upon
the proper officers of the county, upon vouchers properly authenticated.
(35) Maximum tax levy -- moneys credited. (a) As a part of the annual levies authorized by law,
to annually levy, assess, and collect upon each dollar of taxable property within the county not
more than one and one-half mills for the purposes of said park fund, the proceeds of which shall
be collected in the same manner as other county taxes and shall be appropriated to the park fund.
(b) All moneys collected or received or levied or appropriated by the county for park purposes
shall be deposited in the county treasury to the credit of the park fund. Any portion thereof
remaining unexpended at the end of any fiscal year or at any other time shall not in any event
revert into the general fund nor be subject to appropriation for general purposes.
(36) Acquisition of park land by assessment and bond sale. In addition to the powers conferred
to acquire lands for parks and parkways by the sale of the general bonds of the county, to acquire
boulevards, parkways, avenues, driveways, and roads, in the manner provided in subsection (37)
of this section, the same to be paid for by special assessments upon all the other real estate, except
avenues, boulevards, streets, and roads, in the county or partly out of the proceeds of the sale of
the general bonds of the county and partly by such assessments as the same maybe determined by
ordinance.
(37) Acquisition by condemnation. For the purpose of acquiring lands for boulevards, parkways,
avenues, driveways, and roads, to select and, by a suitable proceeding in the name of the county
and without the passage of any ordinance, to condemn real property, to purchase any real property
so selected for one or more boulevards, parkways, avenues, driveways, or roads, and to select
routes and streets for the purpose of establishing and maintaining a system of connecting
boulevards and pleasure ways or parkways therein. All such condemnation proceedings shall be
in accordance with the general laws of the state, so far as the same are applicable, but the benefit
to other lands shall be ascertained and assessed.
(38) Park bonds. To pay for the parks and pleasure grounds, boulevards, parkways, avenues,
driveways, and roads established by any county, or such part thereof, as may be determined by the
county, in park bonds of the county of a date and form prescribed by the county, bearing the name
of the county, and payable to bearer at such times and in a sufficient period of years to cover the
period of payments provided for, with interest annually at a rate or rates such that the net effective
interest rate of the issue of bonds does not exceed the maximum net effective interest rate
authorized, as may be determined by the governing body. The bonds shall be signed by the
executive officer, countersigned by the county clerk and recorder, and bearing the seal of the
county endorsed thereon, the interest to be evidenced by suitable coupons attested by a facsimile
16
of the signature of the county clerk and recorder.
(39) Control of park grounds. In all cases where any home rule county has acquired lands for
parks, parkways, boulevards, or roads, to have full police power and jurisdiction and full power
and authority in the management, control, improvement, and maintenance of and over any and all
such lands so acquired; to have power and authority to provide by ordinance for the regulation and
control of its lands so acquired and to prevent the commission of any and all acts which are or may
be declared unlawful and to prosecute and punish the violation of any ordinances in its county
courts. A county shall have like power and jurisdiction to regulate and prevent the erection,
construction, and maintenance, within three hundred feet of any such park, parkway, boulevard,
or road, of any advertisement or of any billboard or other structure for advertisements, and the
county shall also have like power and jurisdiction over the use of any public roads, boulevards, or
parkways within such parks and running over or through or between such lands and any public
roads, boulevards, or parkways between any such parks or pleasure ground and its county
boundaries.
(Building and Zoning Regulations)
(40) Planning and zoning. To exercise the powers of planning and zoning pursuant to the
provisions of article 28 of this title;
(Condemnation Powers)
(41) Streets and sewers. To extend, by condemnation or otherwise, any road, street, alley, or
highway, over or across, or to construct any sewer under or through any railroad track, right-of-
way, or land of any railroad company, within the county jurisdiction, but, where no compensation
is made to such railroad company, the county shall restore such railroad track, right-of-way, or
land to its former condition or in a sufficient manner not to have impaired its usefulness;
(42) Public transportation -- rights -of -way. To grant the use of, or right to lay down, any railroad
track in any road or street of the county to any public transportation company;
(43) Utilities. To condemn and appropriate so much private property as shall be necessary for the
construction and operation of sewers in such manner as may be prescribed by law;
(Ordinance Power)
(44) Power and penalties. To pass all ordinances and rules and make all regulations proper or
necessary to carry into effect the powers granted to home rule counties, with such fines and
penalties as the governing body shall deem proper, but no fine or penalty shall exceed three
hundred dollars, and no imprisonment shall exceed ninety days for one offense;
(45) Enforcement. To enact and provide for the enforcement of all county ordinances necessary
to protect life, health, and property; to prevent and remove nuisances defined by statute and upon
complaint to the district attorney; to preserve the general welfare, order, and security of the county
and its inhabitants;
17
(46) Parking -- facilities. To provide, by ordinance, for the construction, maintenance, and
operation of public parking facilities, buildings, stations, or lots by the county and to pay for the
cost thereof by general tax levy or otherwise or by the issuance of bonds of the county, which
bonds may be retired by revenues assessed and collected as rentals, fees, or charges from the
operation of such facilities or from parking meter rentals or charges.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981. Amended by Laws 1991, H.B.91-1260, § 5, eff May 1, 1991;
Laws 1994, H.B.94-1029, § 563, eff July 1, 1994.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-202. Power to sell public works --sell or lease property
(1) The governing body shall have the following additional powers:
(a) To sell and dispose of public utilities, public buildings, real property used or held for park
purposes, or by other real property used or held for any governmental purposes. Before any such
sale of a park or recreation facility shall be made, the question of said sale and the terms and
consideration thereof shall be submitted at a regular election and approved in the manner provided
for authorization of bonded indebtedness by section 30-35-201(6);
(b) By ordinance, to sell and dispose of any other real property owned by the county upon such
terms and conditions as such governing body may determine at a regular or special meeting;
(c) To lease any real property, together with any facilities thereon, owned by the county when
deemed by the governing body to be in the best interest of the county. Any lease for a period of
more than one year shall be by ordinance. Any lease for one year or less than one year shall be by
resolution or ordinance.
(2) All leases and deeds of conveyance executed and acknowledged by the proper officers of the
county and purporting to have been made pursuant to the provisions of this section shall be deemed
prima facie evidence of due compliance with all the requirements hereof.
Added by Laws 1981, H.B.1579, § 1, eff June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
Part 3
Ordinances - Penalties
§ 30-35-301. Duty to make and publish ordinances
A county adopting any of the home rule powers under this article shall make and publish, from
time to time, ordinances, not inconsistent with the laws of the state, for carrying into effect or
discharging the powers and duties conferred by this article and as seems necessary and proper to
provide for the safety, preserve the health, promote the prosperity, and improve the morals, order,
comfort, and convenience of such county and the inhabitants thereof. Such ordinances may be in
addition to those authorized by section 30-15-401, and the provisions of sections 30-15-402 to 30-
15-411 shall also apply to such ordinances.
18
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
Part 4
Ordinance Codes Adopted by Reference
§ 30-35-401. Definitions
As used in this part 4, unless the context otherwise requires:
(1) "Adopting county" means any home rule county adopting an ordinance pursuant to the
provisions of this part 4.
(2) "Code" means any published compilation of statutes, ordinances, rules, regulations, or
standards adopted by the federal government or the state of Colorado, or by an agency of either of
them, or by any municipality or county within the state of Colorado. It includes any codification
or compilation of existing ordinances of the adopting county. The operation of this article as to
published compilations of any organization or institution shall be limited to building codes, which
may embrace any of the following subjects: The construction, alteration, repair, removal,
demolition, equipment, use and occupancy, location, and maintenance of buildings or other
structures, whether erected before, on, or after June 8, 1981.
(3) "County clerk" means the county clerk and recorder or equivalent officer.
(4) "Governing body" means the governing body of a home rule county.
(5) "Primary code" means any code which is directly adopted by reference in whole or in part by
any ordinance passed pursuant to this part 4.
(6) "Published" means issued in printed, lithographed, multigraphed, mimeographed, or similar
form.
(7) "Secondary code" means any code which is incorporated by reference, directly or indirectly,
in whole or in part, in any primary code or in any secondary code.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-402. Adoption by reference --title
If all the procedures and requirements of this part 4 are complied with, any home rule county is
authorized to enact any ordinance which adopts any code by reference, in whole or in part; and
such primary code, thus adopted, may in turn adopt by reference, in whole or in part, any secondary
codes duly described therein. However, every primary code and every secondary code which is
incorporated in any such adopting ordinance shall be specified in the title of the ordinance.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
19
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-403. Notice --hearing
After the first reading of the adopting ordinance and of the code to be adopted thereby, and of any
secondary codes therein adopted by reference, the governing body shall schedule a public hearing
thereon. Notice of the hearing shall be published twice in a newspaper of general circulation in the
adopting county, once at least fifteen days preceding the hearing and once at least eight days
preceding it. If there is no such newspaper, the notice shall be posted in the same manner as
provided for the posting of a proposed ordinance. The notice shall state the time and place of the
hearing. It shall also state that copies of the primary code and also copies of the secondary codes,
if any, being considered for adoption are on file with the county clerk and recorder and are open
to public inspection. The notice shall also contain a description which the governing body deems
sufficient to give notice to interested persons of the purpose of the code and of any secondary code
incorporated therein by reference, the subject matter of each such code, the name and address of
the agency by which each has been promulgated, or, if a municipality or county, the corporate
name of such municipality or county which has enacted such code, and the date of publication of
such code or codes, and in the case of a code of any municipality or county the notice shall contain
specific reference to code or codes of a given municipality or county as they existed and were
effective at a given date.
Added by Laws 1981, H.B.1579, § 1, off. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-404. Adopting ordinance --adoption of penalty clauses by reference prohibited
After the hearing, the governing body may amend, adopt, or reject the adopting ordinance in the
same manner in which it is empowered to act in the case of other ordinances; but nothing in this
article shall be deemed to permit the adoption by reference of any penalty clauses which may
appear in any code which is adopted by reference. Any such penalty clauses may be enacted only
if set forth in full in the adopting ordinance. All changes or additions to any code made by the
governing body shall be published in the manner which is required for ordinances.
Added by Laws 1981, H.B.1579, § 1, eff. June 8 ,1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-405. Publication of ordinance
Nothing contained in this part 4 shall be deemed to relieve any home rule county from the
requirement of publishing in full the ordinance which adopts any such code, and all provisions
applicable to such publication shall be fully carried out. The adopting ordinance shall contain the
same description of the primary adopted code and of each secondary code incorporated therein by
reference, as required in the notice of hearing in section 30-35-403.
Added by Laws 1981, H.B.1579, § 1, eff June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
20
§ 30-35-406. Filing of public record --sale of copies
Not less than three copies of each primary code adopted by reference, and of each secondary code
pertaining thereto, all certified to be true copies by the county executive officer and the county
clerk, shall be filed in the office of the county clerk at least fifteen days preceding the hearing and
shall be kept there for public inspection while the ordinance is in force. After the adoption of the
code by reference, one of the copies of the primary code and of each secondary code may be kept
in the office of the chief enforcement officer instead of in the office of the county clerk. Following
the adoption of any code, the county clerk shall at all times maintain a reasonable supply of copies
of the primary code and of any secondary codes incorporated in it by reference, available for
purchase by the public at a moderate price.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-407. Amendments
If at any time any code which any home rule county has previously adopted by reference is
amended by the agency or municipality or county which originally promulgated, adopted, or
enacted it, then the governing body may adopt such amendment by reference through the same
procedure as required for the adoption of the original code; or an ordinance may be enacted in the
regular manner, setting forth the entire text of such amendment.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-408. Use as evidence
Copies of such codes in published form, duly certified by the county clerk and executive officer
of the home rule county, shall be received without further proof as prima facie evidence of the
provisions of such codes or public records in all courts and administrative tribunals of this state.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
Part 5
Actions By or Against Home Rule Counties
§ 30-35-501. Review without bond
In all actions, suits, and proceedings in any court in this state in which a county of this state shall
be a party, such county may take an appeal or writ of certiorari, as provided by law or rule of court,
without giving bond.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
21
Part 6
Bonds — Funding — Floating Debt
§ 30-35-601. Funding bonds --determination of indebtedness
The governing body of a home rule county may issue negotiable coupon bonds, to be denominated
funding bonds, for the purpose of funding any of the legal floating indebtedness of the county,
whether such indebtedness is existing on or is created on or after June 8, 1981. The specific
indebtedness to be funded and the amount of such funding bonds to be issued under the provisions
of this part 6 shall first be determined by the governing body and a certificate of such determination
shall be made and entered in and upon the records of the county prior to the issuance of said
funding bonds. Nothing in this part 6 shall be construed to repeal or amend any law limiting the
indebtedness of the county.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-602. Floating indebtedness defined
The term "floating indebtedness", as used in this article, includes all obligations of the county to
pay money, of whatever kind or character, except indebtedness evidenced by the outstanding,
negotiable interest -bearing bonds of the county.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-603. Bond election --judgments
(1) Whenever the governing body deems it expedient to issue funding bonds under the provisions
of this article, it shall direct, by ordinance, that the question be submitted, at a regular election, in
the manner provided for authorization of other bonded indebtedness in section 30-35-201(6). At
any election held under the provisions of this part 6, the question of authorizing the funding of all
or any part of the floating indebtedness of the county may be submitted as one question of
determination, irrespective of the form or date of such indebtedness. The election shall be
conducted as nearly as may be in conformity with the provisions of the general election laws. The
election notice shall specify, in addition to the time and places for holding said election, the
qualifications for persons to vote on such question, the amount of the indebtedness to be funded,
and the amount of funding bonds proposed to be issued at the rate of interest they shall bear. At
such election, the ballots or voting machine tabs shall contain the words "For the Funding Bonds"
and "Against the Funding Bonds".
(2) No election shall be necessary to authorize the governing body of a home rule county to issue
bonds for the purpose of funding indebtedness in the form of a valid subsisting judgment against
the county.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
22
§ 30-35-604. Ordinance --form and maturity of bonds
(1) If the governing body determines to issue funding bonds for the purpose of paying and
discharging any valid and subsisting judgment against the county or if, upon canvassing the vote
cast at any election held under the provisions of this part 6, it is determined by the governing body
that a majority of the legal votes cast upon the question submitted are in favor of funding, the
governing body shall make such determination a part of the official records of the county, and the
governing body shall immediately thereafter adopt an ordinance, which shall not be subject to the
referendum provisions of any law, providing for the issue of said funding bonds in accordance
with the provisions of this article. Such ordinance shall fix the date of said funding bonds; shall
designate the denominations thereof, the rate of interest, the maturity date which shall not be more
than twenty-five years from the date of said funding bonds, and the place of payment, within or
without the state of Colorado, of both principal and interest; and shall prescribe the form of said
funding bonds.
(2) Such funding bonds shall be negotiable in form, shall recite the title of the act under which
they are issued, shall be executed in the name of the county and signed by the executive officer,
countersigned by the treasurer, and attested by the county clerk and recorder and shall have the
seal of the county affixed thereto. The interest accruing on such funding bonds shall be evidenced
by interest coupons thereto attached, bearing the engraved facsimile signature of the treasurer of
the county. When so executed such coupons shall be the binding obligations of the county,
according to their import. In the adoption of said ordinance providing for the issue of such funding
bonds, the governing body shall make the principal of the debt payable in substantially equal
annual installments during the period, not exceeding twenty-five years, within which the debt is to
be discharged. The date of the maturity of the first installment of the debt shall be not more than
five years from the date of said funding bonds.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-605. Disposition of bonds
All such funding bonds may be exchanged, dollar for dollar, in satisfaction of the indebtedness to
be funded, or they may be sold at not less than their par value, as directed by the governing body,
and the proceeds thereof shall be applied only to the purpose for which such funding bonds were
issued.
Added by Laws 1981, H.B.1579, § 1, ef£ June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-606. Taxes for interest and redemption
The interest accruing on such funding bonds issued pursuant to the provisions of this part 6 prior
to the time when tax levies are available therefor shall be paid out of the general revenues of the
county. For the purpose of reimbursing such general revenues and for the payment of subsequently
accruing interest, the governing body issuing such funding bonds, or the proper tax assessing and
collecting officers upon whom shall devolve the duty of levying and collecting county taxes, shall
23
levy annually a sufficient tax upon all of the taxable property in the county fully to discharge such
interest. For the ultimate redemption of such funding bonds, they shall levy annually such a tax
upon all the taxable property in the county as will create a fund sufficient to discharge each annual
installment of such funding bonds at the maturity thereof, which fund shall be called the
redemption fund. All taxes for interest on and for the redemption of such bonds shall be paid in
cash only and shall be kept by the county treasurer as a special fund to be used only in payment of
the interest upon and for the redemption of such bonds. Such tax shall be levied and collected as
other county taxes are levied and collected. The tax provisions for the ultimate redemption of such
bonds shall be set forth in the ordinance authorizing their issue and shall set forth the years in
which such taxes shall be levied for the creation of said redemption fund.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-607. Ordinance irrepealable
Any ordinance authorizing an issue of funding bonds under the provisions of this part 6 and
providing for the levy of taxes for the payment of the interest upon the principal of such funding
bonds shall not be altered or repealed until the indebtedness thereby authorized has been fully paid.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
Part 7
Bonds — Refunding
Bonded Debt
§ 30-35-701. Refunding bonds --amount
The governing body of a home rule county may issue negotiable coupon bonds, to be denominated
refunding bonds, for the purpose of refunding any of the bonded indebtedness of the county
whether due or not, or which has or may become payable at the option of the county or by consent
of the bondholders, or by any lawful means, whether such bonded indebtedness is existing on or
is created on or after June 8, 1981. The amount of such refunding bonds to be issued under the
provisions of this part 7 shall first be determined by the governing body, and a certificate of such
determination shall be made and entered in and upon the records of the county prior to the issuance
of said refunding bonds.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (20 18)
§ 30-35-702. Vote of electors --when not required
Whenever such governing body deems it expedient to issue refunding bonds under the provisions
of this part 7 and the net interest cost and the net effective interest rate of the proposed issue of
refunding bonds does not exceed the net interest cost and net effective interest rate of the issue of
24
bonds to be refunded, such refunding bonds may be issued without the submission of the question
of issuing such refunding bonds to a vote of the qualified electors of the county. The issuance of
bonds under this part 7 for the purpose of refunding bonds which were originally issued to supply
water to the county shall not require approval of such electors.
Added by Laws 1981, H.B.1579, § 1, eff June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-703. Vote of electors --when required --procedures
(1) Whenever such governing body deems it expedient to issue refunding bonds under the
provisions of this part 7 and either the net interest cost or the net effective interest rate of the
proposed issue of refunding bonds exceeds the net interest cost or the net effective interest rate,
respectively, of the issue of bonds to be refunded, the governing body, by ordinance or resolution,
shall submit the question of issuing said refunding bonds at a special election called and held for
that purpose or at a regular election of county officers; but bonds issued under this part 7 for the
purpose of refunding bonds which were originally issued to supply water to the county shall not
require such approval of the electors. An election held under this section shall be held in the manner
provided for the authorization of an original bonded indebtedness in section 30-35-201(6).
(2) At any election held under the provisions of this part 7, the question of authorizing the
refunding of all or any part of the then outstanding bonded indebtedness of the county may be
submitted as one question for determination, whether such bonds are of the same or of different
issues.
(3) The election shall be conducted as nearly as may be in conformity with the provisions of the
general election laws.
(4) The election notice shall specify, in addition to the time and places for holding said election,
the qualifications for persons to vote on such question, the amount and date of the bonds to be
refunded, the amount of refunding bonds proposed to be issued, and the maximum net effective
rate of interest at which they may be issued.
(5) At such election the ballots or voting machine tabs shall contain the words "For the Refunding
Bonds" and "Against the Refunding Bonds".
Added by Laws 1981, H.B.1579, § 1, eff June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-704. Ordinance for bond issue --bonds
(1) If the governing body determines to issue refunding bonds without an election by meeting the
requirements set forth in sections 30-35-701 to 30-35-703, or if, upon canvassing the vote cast at
any election held under the provisions of this part 7, it is determined by the governing body that a
majority of the legal votes cast upon the question submitted are in favor of refunding, the governing
body shall make such determination a part of the official records of the county and shall
immediately thereafter adopt an ordinance providing for the issuance of said refunding bonds in
25
accordance with the provisions of this part 7.
(2) Such ordinance shall fix the date of said refunding bonds, shall designate the denominations
thereof, shall designate the maximum net effective interest rate, the rate or rates of interest of
individual bonds, the maturity dates, and the place or alternate places of payment within or without
the state of Colorado, of both principal and interest, and shall prescribe the form of said refunding
bonds.
(3) Such refunding bonds shall be negotiable in form, shall recite the title of the ordinance under
which they are issued, and shall be executed in the name of the county and signed by the executive
officer, countersigned by the treasurer, with the seal of the county affixed thereto, and attested by
the county clerk and recorder. The interest accruing on such refunding bonds shall be evidenced
by interest coupons thereto attached, bearing the engraved facsimile signature of the treasurer of
the county. When so executed, such coupons shall be the binding obligations of the county,
according to their import.
(4) In the adoption of said ordinance providing for the issuance of said refunding bonds, the
governing body shall make the principal of the debt payable in annual or semiannual installments
commencing not later than five years after the date of such bonds and maturing during a period
not exceeding thirty-five years from the date thereof. The amounts of such maturities shall be fixed
by the governing body. The right to redeem all or any part of said issue of bonds prior to the
respective maturities thereof and the order of any such redemption may be reserved in said
ordinance, and, if so reserved, shall be set forth on the face of said bonds.
(5) Outstanding bonds, which are secured by a pledge of specific special funds or revenues of the
county in addition to the general ad valorem tax revenues of said county, may be refunded under
the provisions of this part 7, and substantial compliance with the provisions of this article shall be
deemed and taken to be sufficient to legally authorize such refunding and the issuance of refunding
bonds for such purpose, without further actions being taken by the county. Such a pledge of
specific special funds or revenues need not be made to additionally secure the refunding bonds so
issued, but such funds or revenues may be so pledged if it is deemed advisable by the governing
body of the county.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-705. Exchange--sale--proceeds--amounts
Such refunding bonds may be exchanged dollar for dollar for the bonds to be refunded, or they
may be sold at, above, or below their par value at a price or prices such that the net effective interest
rate of the issue of refunding bonds does not exceed the maximum net effective interest rate
authorized. Such refunding bonds shall be in a principal amount not exceeding the principal
amount of the bonds to be refunded, as directed by the governing body, and the proceeds thereof
shall be applied only to the purpose for which such refunding bonds were issued. The principal
amount of said refunding bonds may be the same as or less than the principal amount of the bonds
to be refunded, if due, adequate, and sufficient provision has been made for the payment, or
redemption, and retirement of said bonds to be refunded and the payment of the interest accruing
26
and having accrued thereon in accordance with this article.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-706. Tax for payment of refunding bonds
The interest accruing on such refunding bonds issued pursuant to the provisions of this part 7 prior
to the time when the proceeds of tax levies are available therefor shall be paid out of the general
revenues or any other revenues of the county available therefor. For the purpose of reimbursing
such general revenues or other revenues and for the payment of subsequently accruing interest, the
governing body shall levy annually a sufficient tax upon all the taxable property in the county fully
to discharge such interest. For the ultimate payment or redemption of such refunding bonds there
shall be certified and levied annually such a tax upon all the taxable property in such county as
will create a fund sufficient to pay or redeem and discharge such refunding bonds at or prior to
their respective maturities; but in the event the bonds to be redeemed and the interest thereon
accruing would have been paid from taxes levied upon only part of the taxable property in the
county, the taxes levied for payment or redemption of the refunding bonds, and the interest
accruing thereon, shall be levied in the same manner and upon only the same taxable property as
would have been levied for payment of the bonds to be refunded if no refunding of said bonds had
been made and accomplished. As collected, all taxes levied for payment of interest on and for the
payment or redemption of the principal of such bonds shall be kept by the treasurer of the county
in a special fund, to be used only in the payment of the interest upon and for the payment or
redemption of the principal of such bonds. Such tax shall be levied and collected in the same
manner as other county taxes are levied and collected. The ordinance authorizing the issuance of
said bonds shall set forth the years in which such taxes shall be levied for the creation of said fund.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-707. Ordinance not to be altered
Any ordinance authorizing an issue of refunding bonds under the provisions of this part 7 and
providing for the levy of taxes for the payment of the interest upon and the principal of such
refunding bonds shall not be altered or repealed until the indebtedness thereby authorized shall
have been fully paid.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-708. Combined issues --procedures
Any such refunding bonds may be issued to refund one or more issues of outstanding bonds of a
county; but no two or more issues of outstanding bonds may be refunded by a single issue of
refunding bonds unless the taxable property upon which tax levies are being made for payment of
each such outstanding issue of bonds is identical to the taxable property on which such levies are
being made for the payment of all other outstanding bonds proposed to be refunded by such single
issue of refunding bonds. In the event that two or more issues of outstanding bonds of a county are
27
to be refunded by the issuance of a single issue of refunding bonds, as provided in this section, the
net interest cost and net effective interest rate on the bonds to be refunded shall be computed as if
all of said bonds had originally been combined as a single issue aggregating the total of the smaller
issues, and the results of this computation shall be compared with the net interest cost and net
effective interest rate on the whole of the single refunding issue for purposes of determining the
necessity of submitting the question of issuing such refunding bonds to a vote of the registered
electors of the county.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-709. Application of refunding bond proceeds--procedures--limitations
(1) The proceeds derived from the issuance of any refunding bonds under the provisions of this
part 7 shall either be immediately applied to the payment, or redemption, and retirement of the
bonds to be refunded and the cost and expense incident to such procedures, or shall immediately
be placed in escrow to be applied to the payment of said bonds upon their presentation therefor
and the costs and expenses incident to such proceedings and for no other purpose or purposes
whatsoever until the bonds being refunded have been paid in full and discharged, and all accrued
interest thereon has also been paid in full, upon which occurrences the escrow shall terminate, and
any funds remaining therein shall be returned to the county and may be used to pay other bonds of
the county.
(2) The costs and expenses incident to the refunding of outstanding bonded indebtedness, the
issuance of refunding bonds, and the establishment and maintenance of escrow accounts, pursuant
to the provisions of this part 7, may be paid from any moneys or funds of the county which are
legally available therefor. Any moneys or funds of the county legally available therefor may be
placed in any escrow account established under the provisions of this article and may be used and
expended for the purposes specified in the escrow agreement if such procedure is deemed by the
governing body to be in the best interests of the county.
(3) Any escrowed funds, pending such use, may be invested or, if necessary, reinvested only in
securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S.,
maturing at such times as to insure the prompt payment of the bonds refunded under the provisions
of this article and the interest accruing thereon.
(4) Escrowed funds and investments, together with any interest to be derived from such
investments, shall be in an amount which at all times shall be sufficient to pay the bonds refunded
as they become due at their respective maturities or as they are called for redemption and payment
on prior redemption dates, as to principal, interest, any prior redemption premium due, and any
charges of the escrow agent payable therefrom. The computations made in determining such
sufficiency shall be verified by a certified public accountant.
(5) For the purpose of implementing the provisions of this part 7, the governing body of any county
shall have the power to enter into escrow agreements and to establish escrow accounts with any
commercial bank having full trust powers located within this state which is a member of the federal
28
deposit insurance corporation under protective covenants and agreements whereby such accounts
shall be fully secured by direct obligations of the United States, or shall be invested in such direct
obligations only, in such amounts as will be sufficient and maturing at such times so as to insure
the prompt payment of the bonds refunded, and the interest accruing thereon, under the provisions
of this part 7.
(6) In no event shall the aggregate amount of bonded indebtedness of any county exceed the
maximum allowable amount as determined pursuant to the provisions of the state constitution,
statutes, and charter applicable to such county. In determining and computing such aggregate
amount of bonded indebtedness of any home rule county, bonds which have been refunded, as
provided in this part 7, either by immediate payment, or redemption and retirement, or by the
placement of the proceeds of refunding bonds in escrow shall not be deemed outstanding
indebtedness from and after the date on which sufficient moneys are placed with the paying agent
of such outstanding bonds for the purpose of immediately paying, or redeeming, and retiring such
bonds, or from and after the date on which the proceeds of said refunding bonds are placed in such
an escrow.
(7) The issuance of refunding bonds by any home rule county for the purposes and in the manner
authorized by this article, or under the provisions of any other enabling law, shall never be
interpreted or taken to be the creation of an indebtedness which would require the approval of the
qualified electors of the county, and no such approval shall be required for the issuance of such
refunding bonds except as is specifically required by this part 7 or such other law under which said
refunding bonds are sought to be issued or have been issued.
(8) No bonds may be refunded under the provisions of this part 7 unless the holders thereof
voluntarily surrender said bonds for immediate exchange or immediate payment or unless said
bonds either mature or are callable for redemption prior to their maturity under their terms within
ten years from the date of issuance of the refunding bonds, and provisions shall be made for paying,
or redeeming, and discharging all of the bonds refunded within said period of time.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1918. Amended by Laws 1989, H.B.1056, § 24, eff. July 1, 1989.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-710. Registration of refunding bonds
Whenever any home rule county issues refunding bonds under the provisions of this part 7, the
governing body shall direct that the county clerk and recorder, as a part of said county clerk and
recorder's duties, register said bonds in a book to be kept by him for that purpose, and when so
registered, the legality thereof shall not be open to contest by the county or by any other person or
corporation in behalf of the county for any reason whatever. It is the duty of the county clerk and
recorder to register said bonds, noting the principal amount, the date of issuance and maturity, and
rate or rates of interest of said bonds.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
29
§ 30-35-711. Redemption of refunding bonds prior to maturity --procedures
(1) In the event that any bonds of a home rule county, either bonds issued for refunding purposes
or bonds issued for other purposes as set forth in section 30-35-201(6), have been or are made
redeemable prior to their respective maturities and the governing body determines that all or any
part of such bonds should be called for redemption, according to their terms, it is the duty of the
county clerk and recorder, as soon as the governing body has authorized the redemption, to cause
notice to be given of such action.
(2) Such notice shall be given by publication at least one time in a newspaper customarily used by
said county for legal notices at least thirty days prior to the date on which said bonds are to be
redeemed and paid. Such notice shall contain the place or places and date on which said bonds
shall be redeemed and paid, shall describe the bonds by their legal designation, date, number, and
amount, and shall state that after the date so fixed for redemption and payment the interest on said
bonds shall cease.
(3) After the date so fixed for redemption and payment, the bonds so called for redemption and
payment shall cease to draw interest.
Added by Laws 1981, H.B.1579, § 1, ef£ June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-712. "Net interest cost" --"net effective interest rate"
For the purposes of this part 7, the terms "net interest cost" and "net effective interest rate" have
the meanings set forth in section 30-35-201(6).
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
Part 8
Bonds — To Pay Matured Special Assessment
§ 30-35-801. Power to issue bonds --purpose
Subject to the provisions of this part 8, any home rule county shall have power and authority to
issue its negotiable coupon bonds for the purpose of paying any special assessment bonds or
obligations which it has issued or may issue, together with interest thereon, when it appears that
there is not, or will not be, sufficient money for the payment of the same at maturity in the particular
fund out of which payment should be made.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.C. R. S. A. § 30-35-801, CO ST § 30-35-801
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-802. Question submitted
No bonds shall be issued under this part 8 until the question of issuing the same has been submitted,
3O
at a regular election of a home rule county, to a vote of those persons qualified to vote on
authorization of other bonded indebtedness and approved as required by section 30-35-201(6).
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-803. Ordinance--taxes--interest--disposition
The issuance of any bonds voted on in accordance with this part 8 shall be authorized by an
ordinance, which shall be irrepealable until the bonds therein provided for shall have been fully
paid or discharged, specifying the purpose to which the funds to be raised shall be applied and
providing for the levy of a tax sufficient to pay the annual interest and extinguish the principal of
such bonds within fifteen but not less than ten years from the creation thereof. Such tax, when
collected, shall be applied only to the purpose specified in such ordinance until such bonds shall
be paid or discharged. Such bonds shall bear interest at a rate or rates and shall be exchanged or
sold at a price or prices so that the net effective interest rate of the issue of bonds does not exceed
the maximum net effective interest rate authorized. Interest shall be paid semiannually and shall
be payable at such place, be in such denominations, and be executed by such officers as may be
prescribed in such ordinance. Such bonds may be exchanged for outstanding matured and overdue
special assessment bonds or obligations and interest thereon or they may be sold and the proceeds
thereof used for the purpose specified in this part 8.
Added by Laws 1981, H.B.1579, § 1, eff June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-804. Construction --disposition of delinquent assessment
Nothing in this part 8 shall be construed to release or discharge any special assessment which is
now, or may become, a lien on or against any property. Any home rule county issuing bonds under
this part 8 shall be subrogated to the rights of the holders or owners of the outstanding special
assessment bonds or obligations paid. If, after the issuance of bonds authorized by this part 8, the
delinquent or defaulted special assessments, or any part thereof, are collected and the special
assessment bonds or obligations payable out of the particular special assessment fund have been
redeemed by means of bonds issued under this part 8, the amounts so collected shall be used to
pay the principal of and the interest on the bonds authorized and the tax levies therefor shall be
reduced in a like manner.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
Part 9
Special Taxing Districts
§ 30-35-901. Special taxing districts authorized
In accordance with the provisions of section 18 of article XIV of the state constitution, the
governing body of a home rule county may establish special taxing districts within the county to
31
facilitate the furnishing of services and the collection of ad valorem taxes or charges for such
services, or both such taxes and charges.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-902. Definitions
As used in this part 9, unless the context otherwise requires:
(1) "Registered elector" or "elector" means an individual who resides within a home rule county
and is registered and otherwise qualified to vote in county elections in such county.
(2) "Special taxing district" or "district" means a geographic area within a home rule county
designated and delineated by the governing body of a home rule county to facilitate the furnishing
of services and improvements and the collection of ad valorem taxes or charges for such services,
or both such taxes and charges; however, such collection of taxes or charges, or both, shall not be
in addition to or in lieu of any taxes or charges, or both, specifically provided for and limited by
any statute for the same purpose, including, but not limited to, taxes for law enforcement
authorities, roads and bridges, and the like.
Added by Laws 1981, H.B.1579, § 1; off June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-903. Use of districts
(1) Such special taxing districts shall be used when a service or level of service which a county is
authorized to provide is to be provided in substantially less than the entire area included within the
county and where resulting ad valorem taxes or charges may vary from those imposed in other
areas within the county.
(2) As long as the service is provided to the included territory, a special taxing district may include,
subject to the limitations of section 30-35-103(2), any territory within a county. The included
territory need not be contiguous if the noncontiguous territory is essential to the provision of such
services or improvements, and the same territory may lie within more than one special taxing
district so long as there is no duplication of services or improvements.
(3) No tract or parcel of real estate used for manufacturing, mining, railroad, agricultural, or
industrial purposes, together with the buildings, improvements, machinery, or equipment or other
personal property thereon, for which no direct benefit is provided by the services or improvements
of the special taxing district, shall be included therein without the written consent of the owner
thereof. If, contrary to the provisions of this subsection (3), any such tract, parcel, or other property
thereon is included in any special taxing district, the owner thereof, upon petition to the governing
body of the home rule county, shall be entitled to have the same excluded from the special taxing
district free and clear of any contract, obligation, lien, or charge to which it might have been liable
as a part of the special taxing district.
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Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-904. Formation of districts
Effective: May 18, 2016
(1) Special taxing districts may be established pursuant to the provisions of this section.
(2)(a) The governing body of a home rule county may by resolution propose the formation of such
district which resolution shall designate the proposed boundaries thereof, specify the proposed
service or services, and set forth the methods of financing proposed for such district.
(b) The governing body shall present the proposal at a public hearing to be held within sixty days
after introduction of such resolution, with notice thereof to be published not less than fifteen days
before the date set for hearing.
(c) At such hearing any registered elector of the county may be heard on the proposal, including
questions of inclusion in or exclusion from the district, and all such objections shall be determined
by the governing body on the basis of the public interest, taking into consideration the needs of the
people and the availability of the service to the territory which is the subject of any such objection.
(d) The governing body may continue the hearing as necessary and may, after the conclusion
thereof, enact the proposed resolution, with or without amendments, or may reject the proposed
resolution.
(e) Decisions of the governing body concerning the formation of a special taxing district are not
subject to review unless action is instituted by a registered elector to review such proceedings
within forty-five days after passage of the resolution. Any such review shall extend only to the
question of whether the governing body exceeded its jurisdiction or abused its discretion. If the
court so finds, it shall remand the matter to the governing body for further proceedings, consistent
with such findings.
(3)(a) A petition, signed by at least eight percent of the registered electors in the proposed district,
shall be sufficient to require the governing body of a home rule county to pass a resolution creating
the proposed special taxing district.
(b) At the top of each page of the petition must be printed, in plain red letters no smaller than the
impression of ten -point, bold-faced type, the following:
WARNING:
IT IS AGAINST THE LAW:
For anyone to sign this petition with any name other than his own, or to knowingly sign his name
more than once for the same measure, or to sign such petition when not a registered elector.
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DO NOT SIGN THIS PETITION UNLESS
YOU ARE A REGISTERED ELECTOR
TO BE A REGISTERED ELECTOR, YOU MUST BE:
1. At least eighteen years of age.
2. A citizen of the United States.
3. A resident of the state of Colorado for at least twenty-two days.
4. A resident of the precinct in which you live.
5. Registered to vote in the county.
Do not sign this petition unless you have read or had read to you the proposal in its entirety and
understand its meaning.
(c) The petition shall only be signed by registered electors of the proposed district with their own
signatures, after which shall be written their residence addresses, including street and number, if
any, city or town, and the date of signing.
(d) To each petition there shall be attached an affidavit of the person who circulated the petition,
which shall state the person's address, that he or she is a resident of the state, a citizen of the United
States, and at least eighteen years of age, that each signature thereon was affixed in his or her
presence, that each signature thereon is the signature of the person whose name it purports to be,
that to the best of his or her knowledge and belief each of the persons signing the petition was at
the time of signing a registered elector of the proposed district, and that he or she has not or will
not in the future pay any money or thing of value to any signer for the purpose of inducing the
signer to affix his or her signature to the petition.
(e) The petition shall contain all the information required by subsection (2)(a) of this section.
(f) The petition shall be on pages eight and one-half inches wide by fourteen inches long with a
margin of two inches at the top for binding. The signature sheets shall have ruled lines and be
numbered consecutively.
(4) No restraining order or temporary injunction pending final judgment of the district court and
enjoining the formation of, the inclusion or exclusion of territory in, or the operation of the special
taxing district may be issued. Any final judgment which has the effect of enjoining the formation
of, the inclusion or exclusion of territory in, or the operation of a special taxing district shall
automatically be stayed upon the filing of any appeal of such decision, and no application for
supersedeas shall be necessary. Such stay shall continue in full force and effect pending final
disposition of the proceedings.
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(5) Changes in the boundaries or major changes in the basic or essential nature of services or
financing of a special taxing district may be initiated by resolution of the governing body or by
petition signed by five percent of the registered electors of the district, and such proposals shall be
considered in the same manner as provided in this section for proposals for the original formation
of a district.
(6) Upon adoption of a resolution forming a district, the governing body of the home rule county
shall function as the governing board of such district.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981. Amended by Laws 1982, S.B.121, § 33, eff. April 2, 1982;
Laws 2007, Ch. 417, § 40, eff. Aug. 3, 2007; Laws 2016, Ch. 173, § 75, eff. May 18, 2016.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-905. Powers of board
When acting as the governing board of a special taxing district, the governing body of a home rule
county shall have all the powers otherwise provided in this article.
Added by Laws 1981, H.B.1579, § 1, eff. June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
§ 30-35-906. Exclusion
Real property excluded from a district shall thereafter be subject to the levy of taxes for the
payment of its proportionate share of any indebtedness of the district outstanding at the time of
such exclusion.
Added by Laws 1981, H.B.1579, § 1, eff June 8, 1981.
Current through Ch. 2 of the Second Regular Session of the 71st General Assembly (2018)
35
Th BDR,
COLORADO CONSTITUTION
ARTICLE X
REVENUE
§ 20. The Taxpayer's Bill of Rights
(1) General provisions. This section takes effect December 31, 1992 or as stated. Its preferred
interpretation shall reasonably restrain most the growth of government. All provisions are self-
executing and severable and supersede conflicting state constitutional, state statutory, charter, or
other state or local provisions. Other limits on district revenue, spending, and debt may be
weakened only by future voter approval. Individual or class action enforcement suits may be filed
and shall have the highest civil priority of resolution. Successful plaintiffs are allowed costs and
reasonable attorney fees, but a district is not unless a suit against it be ruled frivolous. Revenue
collected, kept, or spent illegally since four full fiscal years before a suit is filed shall be refunded
with 10% annual simple interest from the initial conduct. Subject to judicial review, districts may
use any reasonable method for refunds under this section, including temporary tax credits or rate
reductions. Refunds need not be proportional when prior payments are impractical to identify or
return. When annual district revenue is less than annual payments on general obligation bonds,
pensions, and final court judgments, (4)(a) and (7) shall be suspended to provide for the deficiency.
(2) Term definitions. Within this section:
(a) "Ballot issue" means a non -recall petition or referred measure in an election.
(b) "District" means the state or any local government, excluding enterprises.
(c) "Emergency" excludes economic conditions, revenue shortfalls, or district salary or fringe
benefit increases.
(d) "Enterprise" means a government -owned business authorized to issue its own revenue
bonds and receiving under 10% of annual revenue in grants from all Colorado state and local
governments combined.
(e) "Fiscal year spending" means all district expenditures and reserve increases except, as to
both, those for refunds made in the current or next fiscal year or those from gifts, federal funds,
collections for another government, pension contributions by employees and pension fund
earnings, reserve transfers or expenditures, damage awards, or property sales.
(f) "Inflation" means the percentage change in the United States Bureau of Labor Statistics
Consumer Price Index for Denver -Boulder, all items, all urban consumers, or its successor
index.
(g) "Local growth" for a non -school district means a net percentage change in actual value of
all real property in a district from construction of taxable real property improvements, minus
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destruction of similar improvements, and additions to, minus deletions from, taxable real
property. For a school district, it means the percentage change in its student enrollment.
(3) Election provisions.
(a) Ballot issues shall be decided in a state general election, biennial local district election, or
on the first Tuesday in November of odd -numbered years. Except for petitions, bonded debt,
or charter or constitutional provisions, districts may consolidate ballot issues and voters may
approve a delay of up to four years in voting on ballot issues. District actions taken during such
a delay shall not extend beyond that period.
(b) At least 30 days before a ballot issue election, districts shall mail at the least cost, and as a
package where districts with ballot issues overlap, a titled notice or set of notices addressed to
"All Registered Voters" at each address of one or more active registered electors. The districts
may coordinate the mailing required by this paragraph (b) with the distribution of the ballot
information booklet required by section 1(7.5) of article V of this constitution in order to save
mailing costs. Titles shall have this order of preference: "NOTICE OF ELECTION TO
INCREASE TAXES/TO INCREASE DEBT/ON A CITIZEN PETITION/ON A
REFERRED MEASURE." Except for district voter -approved additions, notices shall include
only:
(i) The election date, hours, ballot title, text, and local election office address and telephone
number.
(ii) For proposed district tax or bonded debt increases, the estimated or actual total of
district fiscal year spending for the current year and each of the past four years, and the
overall percentage and dollar change.
(iii) For the first full fiscal year of each proposed district tax increase, district estimates of
the maximum dollar amount of each increase and of district fiscal year spending without
the increase.
(iv) For proposed district bonded debt, its principal amount and maximum annual and total
district repayment cost, and the principal balance of total current district bonded debt and
its maximum annual and remaining total district repayment cost.
(v) Two summaries, up to 500 words each, one for and one against the proposal, of written
comments filed with the election officer by 45 days before the election. No summary shall
mention names of persons or private groups, nor any endorsements of or resolutions against
the proposal. Petition representatives following these rules shall write this summary for
their petition. The election officer shall maintain and accurately summarize all other
relevant written comments. The provisions of this subparagraph (v) do not apply to a
statewide ballot issue, which is subject to the provisions of section 1(7.5) of article V of
this constitution.
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(c) Except by later voter approval, if a tax increase or fiscal year spending exceeds any estimate
in (b)(iii) for the same fiscal year, the tax increase is thereafter reduced up to 100% in
proportion to the combined collar excess, and the combined excess revenue refunded in the
next fiscal year. District bonded debt shall not issue on terms that could exceed its share of its
maximum repayment costs in (b)(iv). Ballot titles for tax or bonded debt increases shall begin,
"SHALL (DISTRICT) TAXES BE INCREASED (first, or if phased in, final, full fiscal
year dollar increase) ANNUALLY...?" or "SHALL (DISTRICT) DEBT BE
INCREASED (principal amount), WITH A REPAYMENT COST OF (maximum total
district cost),...?"
(4) Required elections. Starting November 4, 1992, districts must have voter approval in advance
for:
(a) Unless (1) or (6) applies, any new tax, tax rate increase, mill levy above that for the prior
year, valuation for assessment ratio increase for a property class, or extension of an expiring
tax, or a tax policy change directly causing a net tax revenue gain to any district.
(b) Except for refinancing district bonded debt at a lower interest rate or adding new employees
to existing district pension plans, creation of any multiple -fiscal year direct or indirect district
debt or other financial obligation whatsoever without adequate present cash reserves pledged
irrevocably and held for payments in all future fiscal years.
(5) Emergency reserves. To use for declared emergencies only, each district shall reserve for
1993 1% or more, for 1994 2% or more, and for all later years 3% or more of its fiscal year
spending excluding bonded debt service. Unused reserves apply to the next year's reserve.
(6) Emergency taxes. This subsection grants no new taxing power. Emergency property taxes are
prohibited. Emergency tax revenue is excluded for purposes of (3)(c) and (7), even if later ratified
by voters. Emergency taxes shall also meet all of the following conditions:
(a) A 2/3 majority of the members of each house of the general assembly or of a local district
board declares the emergency and imposes the tax by separate recorded roll call votes.
(b) Emergency tax revenue shall be spent only after emergency reserves are depleted, and shall
be refunded within 180 days after the emergency ends if not spent on the emergency.
(c) A tax not approved on the next election date 60 days or more after the declaration shall end
with that election month.
(7) Spending limits. (a) The maximum annual percentage change in state fiscal year spending
equals inflation plus the percentage change in state population in the prior calendar year, adjusted
for revenue changes approved by voters after 1991. Population shall be determined by annual
federal census estimates and such number shall be adjusted every decade to match the federal
census.
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(b) The maximum annual percentage change in each local district's fiscal year spending equals
inflation in the prior calendar year plus annual local growth, adjusted for revenue changes
approved by voters after 1991 and (8)(b) and (9) reductions.
(c) The maximum annual percentage change in each district's property tax revenue equals
inflation in the prior calendar year plus annual local growth, adjusted for property tax revenue
changes approved by voters after 1991 and (8)(b) and (9) reductions.
(d) If revenue from sources not excluded from fiscal year spending exceeds these limits in
dollars for that fiscal year, the excess shall be refunded in the next fiscal year unless voters
approve a revenue change as an offset. Initial district bases are current fiscal year spending and
1991 property tax collected in 1992. Qualification or disqualification as an enterprise shall
change district bases and future year limits. Future creation of district bonded debt shall
increase, and retiring or refinancing district bonded debt shall lower, fiscal year spending and
property tax revenue by the annual debt service so funded. Debt service changes, reductions,
(1) and (3)(c) refunds, and voter -approved revenue changes are dollar amounts that are
exceptions to, and not part of, any district base. Voter -approved revenue changes do not require
a tax rate change.
(8) Revenue limits.
(a) New or increased transfer tax rates on real property are prohibited. No new state real
property tax or local district income tax shall be imposed. Neither an income tax rate increase
nor a new state definition of taxable income shall apply before the next tax year. Any income
tax law change after July 1, 1992 shall also require all taxable net income to be taxed at one
rate, excluding refund tax credits or voter -approved tax credits, with no added tax or surcharge.
(b) Each district may enact cumulative uniform exemptions and credits to reduce or end
business personal property taxes.
(c) Regardless of reassessment frequency, valuation notices shall be mailed annually and may
be appealed annually, with no presumption in favor of any pending valuation. Past or future
sales by a lender or government shall also be considered as comparable market sales and their
sales prices kept as public records. Actual value shall be stated on all property tax bills and
valuation notices and, for residential real property, determined solely by the market approach
to appraisal.
(9) State mandates. Except for public education through grade 12 or as required of a local district
by federal law, a local district may reduce or end its subsidy to any program delegated to it by the
general assembly for administration. For current programs, the state may require 90 days' notice
and that the adjustment occur in a maximum of three equal annual installments.
Added by Laws 1993, p. 2165, Initiated 1992. Amended by 1994, S.C.R.94-5, § 1, eff. Jan. 19, 1995; 1995, S.C.R.95-
7, § 1, eff. Dec. 26, 1996.
C. R. S. A. Const. Art. 10, § 20, CO CONST Art. 10, § 20
Current with amendments adopted through the Nov. 8, 2016 General Election.
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