C.R.S. § 31-25-107 — CO Code / Title 31 / Article 25 / Part 1 / Section 31-25-107
31-25-107. Approval of urban renewal plans by local governing body - definitions
Status: in_force

31-25-107. Approval of urban renewal plans by local governing body - definitions. (1) (a) An authority shall not actually undertake an urban renewal project for an urban renewal area unless based on evidence presented at a public hearing the governing body, by resolution, has determined such area to be a slum, blighted area, or a combination thereof and designated such area as appropriate for an urban renewal project.

(b) Notwithstanding this part 1, and in addition to any other notice required by law, within thirty days of commissioning a study to determine whether an area is a slum, blighted area, or a combination thereof in accordance with the requirements of subsection (1)(a) of this section, the authority shall provide notice to any owner of private property located in the area that is the subject of the study by mailing notice to the owner by regular mail at the last-known address of record. The notice shall state that the authority is commencing a study necessary for making a determination as to whether the area in which the owner owns property is a slum or a blighted area. Within seven days of making such determination, the authority or the municipality, as applicable, shall also provide notice of the determination to any owner of private property located in the area that is the subject of the study by mailing notice to the owner by regular mail at the last-known address of record. For purposes of this subsection (1)(b), "private property" means, as applied to real property, only a fee ownership interest.

(c) (I) Except for urban renewal plans subject to section 31-25-103 (2)(l), the boundaries of an area that the governing body determines to be a blighted area shall be drawn as narrowly as the governing body determines feasible to accomplish the planning and development objectives of the proposed urban renewal area. The governing body shall not approve an urban renewal plan until a general plan for the municipality has been prepared. An authority shall not acquire real property for an urban renewal project unless the local governing body has approved the urban renewal plan in accordance with subsection (4) of this section. In making the determination as to whether a particular area is blighted pursuant to the provisions of this part 1, any particular condition found to be present may satisfy as many of the factors referenced in section 31-25-103 (2) as are applicable to such condition.

(II) Notwithstanding any other provision of this part 1, no area that has been designated as an urban renewal area shall contain any agricultural land unless:

(A) The agricultural land is a brownfield site;

(B) Not less than one-half of the urban renewal area as a whole consists of parcels of land containing urban-level development that, at the time of the designation of such area, are determined to constitute a slum or blighted area, or a combination thereof, in accordance with the requirements of paragraph (a) of subsection (1) of this section and not less than two-thirds of the perimeter of the urban renewal area as a whole is contiguous with urban-level development as determined at the time of the designation of such area;

(C) The agricultural land is an enclave within the territorial boundaries of a municipality and the entire perimeter of the enclave has been contiguous with urban-level development for a period of not less than three years as determined at the time of the designation of the area;

(D) Each public body that levies an ad valorem property tax on the agricultural land agrees in writing to the inclusion of the agricultural land within the urban renewal area; or

(E) The agricultural land was included in an approved urban renewal plan prior to June 1, 2010.

(III) Notwithstanding any other provision of this part 1, for a period commencing on June 1, 2010, and concluding ten years from June 1, 2010, and in addition to the provisions of subparagraph (II) of this paragraph (c), no area that has been designated as an urban renewal area shall contain any agricultural land unless:

(A) The agricultural land is contiguous with an urban renewal area in existence as of June 1, 2010;

(B) The person who is the fee simple owner of the agricultural land as of June 1, 2010, is also the fee simple owner of land within the urban renewal area as of June 1, 2010, that is contiguous with the agricultural land; and

(C) Both the agricultural land and the land within the urban renewal area that is described in sub-subparagraph (B) of this subparagraph (III) will be developed solely for the purpose of creating primary manufacturing jobs, and any ancillary jobs necessary to support such manufacturing operations, for the duration of the period during which property tax revenues in excess of a base amount are paid into a special fund pursuant to subparagraph (II) of paragraph (a) of subsection (9) of this section for the purpose of financing an urban renewal project. For purposes of this subparagraph (III), "primary manufacturing jobs" means manufacturing jobs that produce products that are in excess of those that will be consumed within the boundaries of the state and that are exported to other states and foreign countries in exchange for value.

(d) In the case of an urban renewal plan approved or substantially modified on or after June 1, 2010, the plan shall include a legal description of the urban renewal area, including the legal description of any agricultural land proposed for inclusion within the urban renewal area pursuant to the conditions specified in subparagraph (II) or (III) of paragraph (c) of this subsection (1).

(2) Prior to its approval of an urban renewal plan, the governing body shall submit such plan to the planning commission of the municipality, if any, for review and recommendations as to its conformity with the general plan for the development of the municipality as a whole. The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the governing body within thirty days after receipt of the plan for review. Upon receipt of the recommendations of the planning commission or, if no recommendations are received within said thirty days, without such recommendations, the governing body may proceed with the hearing on the proposed urban renewal plan prescribed by subsection (3) of this section.

(3) (a) The governing body shall hold a public hearing on an urban renewal plan or substantial modification of an approved urban renewal plan no less than thirty days after public notice thereof by publication in a newspaper having a general circulation in the municipality. The notice shall describe the time, date, place, and purpose of the hearing, shall generally identify the urban renewal area covered by the plan, and shall outline the general scope of the urban renewal project under consideration.

(b) Where an authority intends to acquire private property by eminent domain within the urban renewal area to be subsequently transferred to a private party in accordance with the requirements of section 31-25-105.5 (2), the governing body, prior to the commencement of the acquisition of such property, shall first hold a public hearing on the use of eminent domain as a means to acquire such property after written notice of the time, date, place, and purpose of the hearing has been provided to each owner of property within the meaning of section 31-25-105.5 that is within the urban renewal area at least thirty days prior to the date of the hearing. In order to authorize the use of eminent domain as a means to acquire property, a governing body shall base its decision on such authorization on a finding of blighted or slum conditions without regard to the economic performance of the property to be acquired.

(3.5) (a) At least thirty days prior to the hearing on an urban renewal plan or a substantial modification to such plan, regardless of when the urban renewal plan was first approved, the governing body or the authority shall submit such plan or modification to the board of county commissioners, and, if property taxes collected as a result of the county levy will be utilized, the governing body or the authority shall also submit an urban renewal impact report, which shall include, at a minimum, the following information concerning the impact of such plan:

(I) The estimated duration of time to complete the urban renewal project;

(II) The estimated annual property tax increment to be generated by the urban renewal project and the portion of such property tax increment to be allocated during this period to fund the urban renewal project;

(III) An estimate of the impact of the urban renewal project on county revenues and on the cost and extent of additional county infrastructure and services required to serve development within the proposed urban renewal area, and the benefit of improvements within the urban renewal area to existing county infrastructure;

(IV) A statement setting forth the method under which the authority or the municipality will finance, or that agreements are in place to finance, any additional county infrastructure and services required to serve development in the urban renewal area for the period in which all or any portion of the property taxes described in subparagraph (II) of paragraph (a) of subsection (9) of this section and levied by a county are paid to the authority; and

(V) Any other estimated impacts of the urban renewal project on county services or revenues.

(b) The inadvertent failure of a governing body or an authority to submit an urban renewal plan, substantial modification to the plan, or an urban renewal impact report, as applicable, to a board of county commissioners in accordance with the requirements of paragraph (a) of this subsection (3.5) shall neither create a cause of action in favor of any party nor invalidate any urban renewal plan or modification to the plan.

(c) Notwithstanding any other provision of this section, a city and county shall not be required to submit an urban renewal impact report satisfying the requirements of paragraph (a) of this subsection (3.5).

(3.7) Upon request of the governing body or the authority, each county that is entitled to receive a copy of the plan shall provide available county data and projections to assist the governing body or the authority in preparing the urban renewal impact report required pursuant to subsection (3.5) of this section.

(4) Following such hearing, the governing body may approve an urban renewal plan if it finds that:

(a) A feasible method exists for the relocation of individuals and families who will be displaced by the urban renewal project in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such individuals and families;

(b) A feasible method exists for the relocation of business concerns that will be displaced by the urban renewal project in the urban renewal area or in other areas that are not generally less desirable with respect to public utilities and public and commercial facilities;

(c) The governing body has taken reasonable efforts to provide written notice of the public hearing prescribed by subsection (3) of this section to all property owners, residents, and owners of business concerns in the proposed urban renewal area at their last-known address of record at least thirty days prior to such hearing. Such notice shall contain the same information as is required for the notice described in subsection (3) of this section.

(d) No more than one hundred twenty days have passed since the commencement of the first public hearing of the urban renewal plan pursuant to subsection (3) of this section;

(e) Except for urban renewal plans subject to section 31-25-103 (2)(l), if the urban renewal plan contains property that was included in a previously submitted urban renewal plan that the governing body failed to approve pursuant to this section, at least twenty-four months shall have passed since the commencement of the prior public hearing concerning such property pursuant to subsection (3) of this section unless substantial changes have occurred since the commencement of such hearing that result in such property constituting a blighted area pursuant to section 31-25-103;

(f) The urban renewal plan conforms to the general plan of the municipality as a whole;

(g) The urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; and

(h) The authority or the municipality will adequately finance, or that agreements are in place to finance, any additional county infrastructure and services required to serve development within the urban renewal area for the period in which all or any portion of the property taxes described in subparagraph (II) of paragraph (a) of subsection (9) of this section and levied by a county are paid to the authority.

(4.5) In addition to the findings otherwise required to be made by the governing body pursuant to subsection (4) of this section, where an urban renewal plan seeks to acquire private property by eminent domain for subsequent transfer to a private party pursuant to section 31-25-105.5 (2), the governing body may approve the urban renewal plan where it finds, in connection with a hearing satisfying the requirements of subsection (3) of this section, that the urban renewal plan has met the requirements of section 31-25-105.5 (2) and that the principal public purpose for adoption of the urban renewal plan is to facilitate redevelopment in order to eliminate or prevent the spread of physically blighted or slum areas.

(5) In case the urban renewal area consists of an area of open land which, under the urban renewal plan, is to be developed for residential uses, the governing body shall comply with the applicable provisions of this section and shall also determine that a shortage of housing of sound standards and design which is decent, safe, and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas (including other portions of the urban renewal area); that the conditions of blight in the urban renewal area and the shortage of decent, safe, and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality.

(6) In case the urban renewal area consists of an area of open land which, under the urban renewal plan, is to be developed for nonresidential uses, the local governing body shall comply with the applicable provisions of this section and shall also determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives and that the contemplated acquisition of the area may require the exercise of governmental action, as provided in this part 1, because of being in a blighted area.

(7) An urban renewal plan may be modified at any time; but, if modified after the lease or sale by the authority of real property in the urban renewal project area, such modification shall be subject to such rights at law or in equity as a lessee or purchaser or his successor in interest may be entitled to assert. Any proposed modification shall be submitted to the governing body for approval. If the modification will substantially change provisions of the urban renewal plan regarding land area, land use, authorization to collect incremental tax revenue, the extent of the use of tax increment financing, the scope or nature of the urban renewal project, the scope or method of financing, design, building requirements, timing, or procedure, as previously approved, or where such modification will substantially clarify a plan that, when approved, was lacking in specificity as to the urban renewal project or financing, then the modification is substantial and subject to all of the requirements of this section. For urban renewal plans in which a pledge of the revenues deposited into the special fund created pursuant to subsection (9) of this section was made by an indenture or other legally binding document that is separate from the plan itself prior to January 1, 2016, a pledge to secure the payment of refunding bonds is not a substantial modification and is not subject to the requirements of this subsection (7). Not less than thirty days prior to approving any modification of an urban renewal plan, the governing body or urban renewal authority shall provide a detailed written description of the proposed modification to each taxing entity that levies taxes on property located within the urban renewal area and a notice of the date and time of the meeting at which the governing body will consider the modification. Any taxing entity that levies taxes on property located within the urban renewal area may file an action in the state district court exercising jurisdiction over the county in which the urban renewal area is located for an order determining, under a de novo standard of review, whether the modification is a substantial modification. Further, if requested by the taxing entity, the court shall enjoin any action by the authority pursuant to the modification until the court has determined whether the modification is a substantial modification and, if so, shall further enjoin any action by the authority until there has been compliance with subsection (9.5) of this section.

(7.5) No action may be brought to enjoin any undertaking or activity of the authority pursuant to an urban renewal plan, including the issuance of bonds, the incurrence of other financial obligations, or the pledge of revenue, unless the action is commenced within forty-five days after the date on which the authority provided notice of its intention regarding such undertaking or activity. The notice must describe the undertaking or activity proposed to be engaged in by the authority and specify that any action to enjoin the undertaking or activity must be brought within forty-five days from the date of the notice. The notice must be published one time in a newspaper of general circulation within the county. On or before the date of publication of the notice, the authority shall also mail a copy of the notice to each taxing entity that levies taxes on property within the urban renewal area.

(8) Upon the approval by the governing body of an urban renewal plan or a substantial modification thereof, the provisions of said plan with respect to the land area, land use, design, building requirements, timing, or procedure applicable to the property covered by said plan shall be controlling with respect thereto.

(9) (a) Notwithstanding any law to the contrary, any urban renewal plan, as originally approved or as later modified pursuant to this part 1, may contain a provision that the property taxes of specifically designated public bodies, if any, levied after the effective date of the approval of such urban renewal plan upon taxable property in an urban renewal area each year or that municipal sales taxes collected within said area, or both such taxes, by or for the benefit of the designated public body must be divided for a period not to exceed twenty-five years after the effective date of adoption of such a provision, as follows:

(I) That portion of the taxes which are produced by the levy at the rate fixed each year by or for each such public body upon the valuation for assessment of taxable property in the urban renewal area last certified prior to the effective date of approval of the urban renewal plan or, as to an area later added to the urban renewal area, the effective date of the modification of the plan, or that portion of municipal sales taxes collected within the boundaries of said urban renewal area in the twelve-month period ending on the last day of the month prior to the effective date of approval of said plan, or both such portions, shall be paid into the funds of each such public body as are all other taxes collected by or for said public body.

(II) That portion of said property taxes or all or any portion of said sales taxes, or both, in excess of the amount of property taxes or sales taxes paid into the funds of each such public body in accordance with the requirements of subsection (9)(a)(I) of this section must be allocated to and, when collected, paid into a special fund of the authority to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the authority for financing or refinancing, in whole or in part, an urban renewal project, or to make payments under an agreement executed pursuant to this section. Any excess municipal sales tax or property tax collections not allocated pursuant to this subsection (9)(a)(II) must be paid into the funds of the municipality or other taxing entity, as applicable. Unless and until the total valuation for assessment of the taxable property in an urban renewal area exceeds the base valuation for assessment of the taxable property in such urban renewal area, as provided in subsection (9)(a)(I) of this section, all of the taxes levied upon the taxable property in such urban renewal area must be paid into the funds of the respective public bodies. Unless and until the total municipal sales tax collections in an urban renewal area exceed the base year municipal sales tax collections in such urban renewal area, as provided in subsection (9)(a)(I) of this section, all such sales tax collections must be paid into the funds of the municipality. When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any premiums due in connection therewith, have been paid, all taxes upon the taxable property or the total municipal sales tax collections, or both, in such urban renewal area must be paid into the funds of the respective public bodies, and all money remaining in the special fund established pursuant to this subsection (9)(a)(II) that has not previously been rebated and that originated as property tax increment generated based on the mill levy of a taxing body, other than the municipality, within the boundaries of the urban renewal area must be repaid to each taxing body based on the pro rata share of the prior year's property tax increment attributable to each taxing body's current mill levy in which property taxes were divided pursuant to this subsection (9). Any money remaining in the special fund not generated by property tax increment is excluded from any such repayment requirement. Notwithstanding any other provision of law, any additional revenues resulting because the voters have authorized the municipality, county, special district, or school district to retain and spend said revenues pursuant to section 20 (7)(d) of article X of the state constitution subsequent to the creation of the special fund pursuant to this subsection (9)(a)(II) or as a result of an increase in the property tax mill levy approved by the voters of the municipality, county, special district, or school district subsequent to the creation of the special fund, to the extent the total mill levy of the municipality, county, special district, or school district exceeds the respective mill levy in effect at the time of approval or substantial modification of the urban renewal plan, shall not be pledged by an authority for the payment of any bonds of, any loans or advances to, or any indebtedness incurred by the authority without the consent of the relevant municipality, county, special district, or school district. To the extent the authority has received the notification specified in this subsection (9)(a)(II), such additional revenues shall then be promptly repaid by the authority to the municipality or other taxing entity. The authority shall be notified of the amount of additional revenues and the calculations used in computing the amount by the applicable municipality or other taxing entity prior to making repayment and, in any event, not later than February 1 in each fiscal year following the year in which a voter-approved revenue increase has taken effect. The authority and municipality or any other taxing entity may negotiate for the purpose of entering into an agreement on the issues of the amount of repayment, the mechanics of how repayment of the additional revenues will be accomplished, a method for resolving disputes regarding the amount of repayment, and whether the municipality or taxing entity will waive the repayment requirement, singularly or in combination, and may enter into an intergovernmental agreement regarding any of these issues.

(III) In calculating and making payments as described in subparagraph (II) of this paragraph (a), the county treasurer may offset the authority's pro rata portion of any property taxes that are paid to the authority under the terms of subparagraph (II) of this paragraph (a) and that are subsequently refunded to the taxpayer against any subsequent payments due to the authority for the urban renewal project. The authority shall make adequate provision for the return of overpayments in the event that there are not sufficient property taxes due to the authority to offset the authority's pro rata portion of the refunds. The authority may establish a reserve fund for this purpose or enter into an intergovernmental agreement with the municipal governing body in which the municipality assumes responsibility for the return of the overpayments. The provisions of this subparagraph (III) shall not apply to a city and county.

(b) The portion of taxes described in subparagraph (II) of paragraph (a) of this subsection (9) may be irrevocably pledged by the authority for the payment of the principal of, the interest on, and any premiums due in connection with such bonds, loans, advances, and indebtedness. This irrevocable pledge shall not extend to any taxes that are placed in a reserve fund to be returned to the county for refunds of overpayments by taxpayers; except that this limitation on the extension of the irrevocable pledge shall not apply to a city and county.

(c) As used in this subsection (9), the word "taxes" shall include, without limitation, all levies authorized to be made on an ad valorem basis upon real and personal property or municipal sales taxes; but nothing in this subsection (9) shall be construed to require any public body to levy taxes.

(d) In the case of urban renewal areas, including single- and multiple-family residences, school districts which include all or any part of such urban renewal area shall be permitted to participate in an advisory capacity with respect to the inclusion in an urban renewal plan of the provision provided for by this subsection (9).

(e) In the event there is a general reassessment of taxable property valuations in any county including all or part of the urban renewal area subject to division of valuation for assessment under paragraph (a) of this subsection (9) or a change in the sales tax percentage levied in any municipality including all or part of the urban renewal area subject to division of sales taxes under paragraph (a) of this subsection (9), the portions of valuations for assessment or sales taxes under both subparagraphs (I) and (II) of said paragraph (a) shall be proportionately adjusted in accordance with such reassessment or change.

(f) Notwithstanding the twenty-five-year period of limitation set forth in paragraph (a) of this subsection (9), any urban renewal plan, as originally approved or as later modified pursuant to this part 1, may contain a provision that the municipal sales taxes collected in an urban renewal area each year or the municipal portion of taxes levied upon taxable property within such area, or both such taxes, may be allocated as described in this subsection (9) for a period in excess of twenty-five years after the effective date of the adoption of such provision if the existing bonds are in default or about to go into default; except that such taxes shall not be allocated after all bonds of the authority issued pursuant to such plan including loans, advances, and indebtedness, if any, and interest thereon, and any premiums due in connection therewith have been paid.

(g) Notwithstanding any other provision of this section, if one or more of the conditions specified in subparagraph (II), or all of the conditions specified in subparagraph (III), of paragraph (c) of subsection (1) of this section have been satisfied such that agricultural land is included within an urban renewal area, the county assessor shall value the agricultural land at its fair market value in making the calculation of the taxes to be paid to the public bodies pursuant to subparagraph (I) of paragraph (a) of this subsection (9) solely for the purpose of determining the tax increment available pursuant to subparagraph (II) of paragraph (a) of this subsection (9). Nothing in this section shall affect the actual classification, or require reclassification, of agricultural land for property tax purposes, and nothing in this section shall affect the taxes actually to be paid to the public bodies pursuant to subparagraph (I) of paragraph (a) of this subsection (9), which shall continue to be based on the agricultural classification of such land unless and until it has been reclassified in the normal course of the assessment process.

(h) The manner and methods by which the requirements of this subsection (9) are to be implemented by county assessors shall be contained in such manuals, appraisal procedures, and instructions, as applicable, that the property tax administrator is authorized to prepare and publish pursuant to section 39-2-109 (1)(e), C.R.S.

(i) Within the twelve-month period prior to the effective date of the approval or modification of the urban renewal plan requiring the allocation of moneys to the authority pursuant to paragraph (a) of this subsection (9), the municipality, county, special district, or school district is entitled to the reimbursement of any moneys that such municipality, county, special district, or school district pays to, contributes to, or invests in the authority for the project. The reimbursement is to be paid from the special fund of the authority established pursuant to paragraph (a) of this subsection (9).

(9.5) (a) Before any urban renewal plan containing any tax allocation provisions that allocates any taxes of any taxing entity other than the municipality may be approved by the municipal governing body pursuant to subsection (4) of this section, the authority shall notify the board of county commissioners of each county and the governing boards of each other taxing entity whose incremental property tax revenues would be allocated under such proposed plan. Representatives of the authority and the governing body of each taxing entity shall then meet and attempt to negotiate an agreement governing the sharing of incremental property tax revenue allocated to the special fund of the authority established in accordance with subparagraph (II) of paragraph (a) of subsection (9) of this section. The agreement must address, without limitation, estimated impacts of the urban renewal plan on county or district services associated solely with the urban renewal plan. The agreement may be entered into separately among the authority and each such taxing entity, or through a joint agreement among the authority and any taxing entity that has chosen to enter that agreement. Any such shared incremental tax revenues governed by any agreement are limited to all or any portion of the incremental revenue generated by the taxes levied upon taxable property by the taxing entity within the area covered by the urban renewal plan in addition to any incremental sales tax revenues generated within the area covered by the urban renewal plan by the imposition of the sales tax of the municipality and, at the option of any other taxing entity levying a sales tax in the area covered by the urban renewal plan, any incremental sales tax revenues of such other taxing entity that are included within the agreement.

(b) The agreement described in paragraph (a) of this subsection (9.5) may provide for a waiver of any provision of this part 1 that provides for notice to the taxing entity, requires any filing with or by the taxing entity, requires or permits consent from the taxing entity, or provides any enforcement right to the taxing entity.

(c) If, after a period of one hundred twenty days from the date of notice or such longer or shorter period as the authority and any taxing entity may agree, there is no agreement between the authority and any taxing entity as described in paragraph (a) of this subsection (9.5), the authority and any applicable taxing entity are subject to the provisions and limitations of paragraph (d) of this subsection (9.5).

(d) (I) In an absence of an agreement between the authority and any taxing entity as described in paragraph (a) of this subsection (9.5), the parties must submit to mediation on the issue of appropriate sharing of incremental property tax revenues and urban renewal project costs among the authority and any such taxing entities whose incremental property tax revenues will be allocated pursuant to an urban renewal plan and with whom an intergovernmental agreement with the authority has not been reached.

(II) The mediation required by subparagraph (I) of this paragraph (d) must be conducted by a mediator who has been jointly selected by the parties; except that, if the parties are unable to agree on the selection of a mediator, then the authority shall select one mediator, the other parties shall select a second mediator, and these two mediators shall then select a third mediator. In such circumstances, the mediation will be jointly conducted by the three mediators. Unless all parties otherwise agree, any mediator selected pursuant to this paragraph (d) must be an attorney licensed in the state for at least ten years and must be experienced in both land use and administrative law. Payment of the fees and costs for the mediation must be split equally between or among the parties.

(III) In making a determination of the appropriate sharing, the mediator must consider the nature of the project, the nature and relative size of the revenue and other benefits that are expected to accrue to the municipality and other taxing entities as a result of the project, any legal limitations on the use of revenues belonging to the authority or any taxing entity, and any capital or operating costs that are expected to result from the project. Within ninety days, the mediator must issue his or her findings of fact as to the appropriate sharing of costs and incremental property tax revenues, and shall promptly transmit such information to the parties. With respect to the use of incremental property tax revenues of each other taxing entity, following the issuance of findings by the mediator, the governing body of the municipality shall:

(A) Incorporate the mediator's findings on the use of incremental property tax revenues of any taxing body into the urban renewal plan and proceed to adopt the plan;

(B) Amend the urban renewal plan to delete authorization of the use of the incremental property tax revenues of any taxing body with whom an agreement has not been reached; or

(C) Direct the authority to either incorporate the mediator's findings into one or more intergovernmental agreements with other taxing entities or to enter into new negotiations with one or more taxing entities and to enter into one or more intergovernmental agreements with such taxing entities that incorporate such new or different provisions concerning the sharing of costs and incremental property tax revenues with which the parties are in agreement.

(e) Notwithstanding any other provision of law, no incremental property tax revenues may be allocated and paid into the special fund of the authority in accordance with subparagraph (II) of paragraph (a) of subsection (9) of this section unless the municipality or the authority has satisfied the requirements of this subsection (9.5).

(f) Notwithstanding any other provision of this section, a city and county is not required to reach an agreement with a county satisfying the requirements of this subsection (9.5).

(g) For purposes of this subsection (9.5), "taxing entity" means any county, special district, or other public body that levies an ad valorem property tax on property within the urban renewal area subject to a tax allocation provision.

(9.6) (a) Notwithstanding any other provision of law, the governing body of the municipality, as applicable, may provide in an urban renewal plan that the valuation attributable to the extraction of mineral resources located within the urban renewal area shall not be subject to the division that is otherwise required by subsection (9)(a) of this section. In such circumstances, the taxes levied on the valuation will be distributed to the public bodies as if the urban renewal plan was not in effect.

(b) For purposes of this subsection (9.6):

(I) "Mineral resources" has the same meaning as specified in section 36-1-100.3 (3).

(II) "Valuation attributable to the extraction of mineral resources" includes:

(A) The value of oil and gas leaseholds and land and subsurface oil and gas well equipment that is valued for assessment purposes as real property under sections 39-7-102 and 39-7-103; and

(B) Surface oil and gas well equipment and submersible pumps and sucker rods located on oil and gas leaseholds and land that is valued for assessment purposes as personal property under section 39-7-103.

(9.7) Notwithstanding any other provision of law:

(a) Nothing in subsection (9.5) of this section, as added by House Bill 15-1348, enacted in 2015, and as amended by Senate Bill 16-177, enacted in 2016, is intended to impair, jeopardize, or put at risk any existing bonds, investments, loans, contracts, or financial obligations of an urban renewal authority outstanding as of December 31, 2015, or the pledge of pledged revenues or assets to the payment thereof that occurred on or before December 31, 2015.

(b) The requirements of section 31-25-104 (2)(a), (2)(b), and (2.5), section 31-25-115 (1.5), the introductory portion of subsection (9)(a) of this section, subsections (9)(a)(II), (9)(i), and (9.5) of this section, as added by House Bill 15-1348, enacted in 2015, and as amended by Senate Bill 16-177, enacted in 2016, and the requirements of subsections (7) and (7.5) of this section as amended by Senate Bill 17-279, enacted in 2017, and the requirements of subsection (9)(a)(II) of this section as amended by Senate Bill 18-248, enacted in 2018, apply to municipalities, urban renewal authorities, and any urban renewal plans created on or after January 1, 2016, and to any substantial modification of any urban renewal plan where the modification is approved on or after January 1, 2016.

(10) The municipality in which an urban renewal authority has been established pursuant to the provisions of this part 1 shall timely notify the assessor of the county in which such authority has been established when:

(a) An urban renewal plan or a substantial modification of such plan has been approved that contains the provision referenced in paragraph (a) of subsection (9) of this section or a substantial modification of the plan adds land to the plan, which plan contains the provision referenced in paragraph (a) of subsection (9) of this section;

(b) Any outstanding obligation incurred by such authority pursuant to the provisions of subsection (9) of this section has been paid off; and

(c) The purposes of such authority have otherwise been achieved.

(11) The governing body or the authority may enter into an agreement with any taxing entity within the boundaries of which property taxes collected as a result of the taxing entity's levy, or any portion of the levy, will be subject to allocation pursuant to subsection (9) of this section. The agreement may provide for the allocation of responsibility among the parties to the agreement for payment of the costs of any additional county infrastructure or services necessary to offset the impacts of an urban renewal project and for the sharing of revenues. Except with the consent of the governing body or the authority, any such shared revenues shall be limited to all or any portion of the taxes levied upon taxable property within the urban renewal area by the taxing entity. The agreement may provide for a waiver of any provision of this part 1 that provides for notice to the taxing entity, requires any filing with or by the taxing entity, requires or permits consent from the taxing entity, or provides any enforcement right to the taxing entity.

(12) (a) Except as provided in paragraph (e) of this subsection (12), the county may enforce the requirements of subparagraphs (III) and (IV) of paragraph (a) of subsection (3.5) and paragraph (h) of subsection (4) of this section by means of the arbitration process established by this subsection (12) where:

(I) Property located within such county is included within an urban renewal plan;

(II) The county has provided information requested pursuant to subsection (3.7) of this section; and

(III) The county has appeared at a public hearing held pursuant to paragraph (a) of subsection (3) of this section and presented evidence at such hearing that development within the urban renewal area will create a need for additional county infrastructure and services; except that the requirements of this subparagraph (III) shall not apply in the case of a county that did not receive an urban renewal plan, a substantial modification to the plan, or an urban renewal impact report, as applicable, pursuant to paragraph (a) of subsection (3.5) of this section.

(b) (I) A county objecting under the provisions of this section to an urban renewal plan approved under subsection (4) of this section that received on a timely basis an urban renewal plan, a substantial modification to the plan, or an urban renewal impact report, as applicable, pursuant to paragraph (a) of subsection (3.5) of this section shall file written notice of the objection with the authority as well as the governing body that has approved the plan within fifteen days of the date of the approval of the plan. A county objecting under the provisions of this section to an urban renewal plan approved under subsection (4) of this section that did not receive on a timely basis an urban renewal plan, a substantial modification to the plan, or an urban renewal impact report, as applicable, pursuant to paragraph (a) of subsection (3.5) of this section shall file written notice of the objection with the authority as well as the governing body that has approved the plan within thirty days of the date of the approval of the plan or within five days of the date of the county's receipt of the plan, whichever date is later. The notice of objection shall include a statement of the grounds upon which the county asserts that the authority or the governing body has failed to comply with the requirements of subparagraphs (III) and (IV) of paragraph (a) of subsection (3.5) and paragraph (h) of subsection (4) of this section. The notice of objection shall also include the name of one attorney who has been licensed for a minimum of ten years in the state of Colorado, who is experienced in administrative and land use law, and who the board of county commissioners of the county believes to be qualified to serve as a member of the panel of arbitrators charged with resolving the county's objections in accordance with the requirements of this subsection (12).

(II) Within twenty days of receipt of the notice of objection, the governing body shall submit to the county the name of one additional person to serve as a member of the panel of arbitrators, which person shall also satisfy the requirements specified in subparagraph (I) of this paragraph (b). Within twenty days of such submission, the two members of the arbitration panel selected by the county and the governing body shall jointly select an additional person to serve as the third and final member of the panel of arbitrators, which person shall also satisfy the requirements specified in subparagraph (I) of this paragraph (b). The panel of three arbitrators selected pursuant to this paragraph (b) shall be charged with resolving the county's objections in accordance with the requirements of this subsection (12). Notwithstanding the provisions of this paragraph (b), the county, governing body, and authority may agree upon a single arbitrator to resolve the county's objections.

(III) If the county, governing body, and authority have not reached a written agreement resolving the county's objections within thirty days after the receipt by the governing body of the notice specified in subparagraph (I) of this paragraph (b), the objections specified in the notice shall be submitted to arbitration in accordance with the requirements of this subsection (12).

(c) The arbitration hearing, if any, shall commence within sixty days after the receipt by the governing body of the notice of objection. The parties to the arbitration shall be the county, governing body, and authority. At the arbitration hearing, the governing body or the authority, as applicable, shall have the burden of proving by a preponderance of the evidence that it submitted the urban renewal plan, a substantial modification to the plan, and an urban renewal impact report, as applicable, to the county pursuant to paragraph (a) of subsection (3.5) of this section and that it did not abuse its discretion in preparing the estimate or statement provided to the county pursuant to subparagraphs (III) and (IV) of paragraph (a) of subsection (3.5) of this section and that the governing body did not abuse its discretion in connection with the findings it has made under paragraph (h) of subsection (4) of this section. The decision of the arbitrators shall be based upon the objections contained in the notice filed pursuant to subparagraph (I) of paragraph (b) of this subsection (12) and upon the record of the hearing held pursuant to subsection (3) of this section. In rendering a decision, the arbitrators shall take into consideration the goals and objectives of the urban renewal plan, information that has been submitted by the county as contained in the record of the hearing on the urban renewal plan and the impact report provided to the county pursuant to subsection (3.5) of this section, the reasonableness of the county's objections contained in the notice, the extent to which the urban renewal project will improve existing county infrastructure, the extent to which tax increment revenues, if any, to be generated by development within the urban renewal area and collected by the authority pursuant to paragraph (a) of subsection (9) of this section may reasonably be expected to defray the cost of the additional infrastructure and services requested by the county, and the debt service requirements of the authority. The arbitration hearing shall be concluded not later than seven days after its commencement, and the decision of the arbitrators shall be rendered not later than thirty days after the conclusion of the hearing. The order of the arbitrators shall be limited to either approving the urban renewal plan or, upon a finding of abuse of discretion, remanding the plan to the governing body for reconsideration of the county's objections. The order shall be final and binding on the parties and shall not be subject to judicial review except to enforce the order or to determine whether the order was procured by corruption, fraud, or other similar wrongdoing.

(d) Fifty percent of the necessary fees and necessary expenses of any arbitration conducted pursuant to this subsection (12), excluding all fees and expenses incurred by either party in the preparation or presentation of its case, shall be borne by the county, and fifty percent of such fees and expenses shall be borne by the governing body or the authority.

(e) Notwithstanding any other provision of this section, the provisions of this subsection (12) shall not apply to any urban renewal plan in which less than ten percent of the area identified in such plan:

(I) Has been classified as agricultural land for purposes of the levying and collection of property tax pursuant to section 39-1-103, C.R.S., at any time during the three-year period prior to the date of adoption of the plan; and

(II) Is currently identified for agricultural uses in a master plan adopted by the municipality pursuant to section 31-23-206 and has been so identified for more than one year prior to the date of adoption of the plan.

(f) Notwithstanding any other provision of law, the arbitration process established in this subsection (12) shall be the exclusive remedy available to a county for contesting the sufficiency of compliance by a governing body or an authority with the requirements of this section.

(13) Not later than thirty days after the municipality has provided the county assessor the notice required by paragraph (a) of subsection (10) of this section, the county assessor may provide written notice to the municipality if the assessor believes that agricultural land has been improperly included in the urban renewal area in violation of subparagraph (II) or (III) of paragraph (c) of subsection (1) of this section. If the notice is not delivered within the thirty-day period, the inclusion of the land in the urban renewal area as described in the urban renewal plan shall be incontestable in any suit or proceeding notwithstanding the presence of any cause. If the assessor provides notice to the municipality within the thirty-day period, the municipality may file an action in state district court exercising jurisdiction over the county in which the land is located for an order determining whether the inclusion of the land in the urban renewal area is consistent with one of the conditions specified in subparagraph (II) or (III) of paragraph (c) of subsection (1) of this section and shall have an additional thirty days from the date it receives the notice in which to file such action. If the municipality fails to file such an action within the additional thirty-day period, the agricultural land shall not become part of the urban renewal area.
C.R.S. § 31-10-1103 — CO Code / Title 31 / Article 10 / Part 11 / Section 31-10-1103
31-10-1103. Challenge to be made by written oath
Status: in_force

31-10-1103. Challenge to be made by written oath. Each challenge shall be made by written oath, signed by the challenger under penalty of perjury, setting forth the name of the person challenged and the basis for the challenge. The judges of election shall deliver all challenges and oaths to the clerk at the time the other election papers are returned. The clerk shall forthwith deliver all challenges and oaths to the district attorney for investigation and appropriate action.
C.R.S. § 31-10-1512 — CO Code / Title 31 / Article 10 / Part 15 / Section 31-10-1512
31-10-1512. Destroying, removing, or delaying delivery of ballots and other election papers
Status: in_force

31-10-1512. Destroying, removing, or delaying delivery of ballots and other election papers. Any person who willfully destroys or defaces any ballot or tally sheet, or who willfully delays the delivery of the ballots, tally sheets, registration book or list, or pollbook, or who conceals or removes any ballot, ballot box, or tally sheet from the polling place or from the possession of the person authorized by law to have the custody thereof, or who aids, counsels, procures, or assists any person in doing any of said acts commits a class 2 misdemeanor.
C.R.S. § 31-30.5-302 — CO Code / Title 31 / Article 30.5 / Part 3 / Section 31-30.5-302
31-30.5-302. Definitions
Status: in_force

31-30.5-302. Definitions. As used in this part 3, unless the context otherwise requires:

(1) "Commission" means the pension review commission established pursuant to section 24-51.1-101.

(2) "Employee" means any old hire firefighter, except any volunteer firefighter, or old hire police officer employed by an employer who is eligible for the benefits provided pursuant to this article.

(3) "Employer" means any municipality, fire protection district, or county improvement district employing one or more employees.

(4) "Governing body" means the governing body of a municipality, fire protection district, or county improvement district.

(5) "State-assisted" means having received state moneys relating to accrued unfunded liability.

(6) "Volunteer firefighter" has the same meaning as provided in section 31-30-1102 (9).
C.R.S. § 31-21-103 — CO Code / Title 31 / Article 21 / Part 1 / Section 31-21-103
31-21-103. Bond election - judgments
Status: in_force

31-21-103. Bond election - judgments. (1) Whenever such governing body deems it expedient to issue funding bonds under the provisions of this part 1, 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 31-15-302 (1)(d). At any election held under the provisions of this part 1, the question of authorizing the funding of all or any part of the floating indebtedness of the city or town may be submitted as one question for determination, irrespective of the form or date of such indebtedness. The election shall be conducted as nearly as possible in conformity with the provisions of the "Colorado Municipal Election Code of 1965". 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 and 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 to issue bonds for the purpose of funding indebtedness in the form of a valid subsisting judgment against the municipality.
C.R.S. § 31-31-701 — CO Code / Title 31 / Article 31 / Part 7 / Section 31-31-701
31-31-701. Affiliation by old hire pension plans
Status: in_force

31-31-701. Affiliation by old hire pension plans. (1) Any employer may elect affiliation with the association relating to an old hire fire or police pension plan that it has established pursuant to article 30.5 of this title by filing with the board a resolution approved as to form by the fire and police pension association and adopted by the employer. The effective date of affiliation must be mutually agreed upon by the employer and the association.

(2) (Deleted by amendment, L. 2014.)

(3) On the effective date of affiliation pursuant to this section, the assets of the old hire pension plan shall be transferred to the trust fund created by subsection (6) of this section. The amount of the transfer must equal the market value of such assets at the close of business on date of affiliation. Upon affiliation and the transfer of assets to the fund, benefits due pursuant to the old hire plan shall be paid by the association from the assets of the plan.

(4) An eligible employer may request of the board, prior to filing a resolution of affiliation, an estimate of the employer's contribution rate necessary to comply with the contribution requirements established by subsection (5) of this section.

(5) An employer that affiliates pursuant to this section shall annually contribute an amount approved by the board, upon advice of its actuary, to pay the normal cost plus amortize the unfunded past service liability attributed to old hire members hired prior to April 8, 1978, over a period not to exceed the lesser of twenty years or the number of years equal to the average remaining life expectancy of the pension fund's members.

(6) There is hereby created the old hire plan members' benefit trust fund that consists of the assets of old hire plans administered and managed by the board pursuant to this section. The board shall keep an accurate account of each such individual old hire plan.

(7) (a) The fire and police pension association has the following responsibilities for affiliated plans:

(I) Investing the assets of the plan, including determining the allocation of assets;

(II) Collecting and accounting for contributions to the plan;

(III) Distributing benefits provided under the plan as directed by the employer or its agent and issuing tax forms and filing tax reports regarding distributions;

(IV) Conducting actuarial valuations and audits of the plan as are required by statute or by regulatory bodies;

(V) Maintaining records and reporting the investments, assets, and benefits of the plan as required by statute or by regulatory bodies;

(VI) Authorizing the payment of expenses of the plan from the assets of the plan. Any expenses that are incurred by the association which are directly related to the association's administration of the plan shall be paid from that plan's assets. Any expenses that are incurred by the association which are attributable to more than one plan administered by the association shall be allocated to each plan on an equitable basis as determined by the association. The allocated expense shall be paid from the assets of each plan.

(VII) Taking such other actions as may be allowed or required by statute.

(b) The local old hire pension board has the following responsibilities for an affiliated plan:

(I) Establishing eligibility for and the amount of benefits to be received by members and beneficiaries of the plan, including but not limited to determination of base salaries, years of service under the plan, marital status, and continuing eligibility of members and survivors;

(II) Maintaining records of the terms and provisions of the plan, as they may be adopted and amended;

(III) Making determinations regarding benefit or cost-of-living adjustments and rank escalation, if any;

(IV) Periodically certifying information required by the association to administer the plan benefits; and

(V) Electing options for the allocation of assets, if such options are provided by the association.
C.R.S. § 31-30-1114 — CO Code / Title 31 / Article 30 / Part 11 / Section 31-30-1114
31-30-1114. Fund investment in insurance
Status: in_force

31-30-1114. Fund investment in insurance. (1) Except as provided in subsection (2) of this section and with the concurrence of sixty-five percent of the fire department members voting thereon and sixty-five percent of the retired fire department members voting thereon, the board may:

(a) Insure the fire department members under the following insurance policies issued by companies authorized to do business in this state:

(I) Individual, group, or blanket life, endowment, or annuity insurance;

(II) Variable annuity insurance; or

(III) Disability or liability insurance; and

(b) Spend any part of the fund to pay premiums on these policies.

(2) The board shall not spend fund moneys to purchase insurance if the expenditure would impair the pension fund's ability to:

(a) Pay annuities to a fire department member, surviving spouse, or dependent parent or child receiving annuities; or

(b) Meet the future requirements of pensions, benefits, and awards under the plan.

(3) The board must be the beneficiary of any insurance policies, and the proceeds of the insurance policies shall be paid to the board as an addition to the fund.
C.R.S. § 31-4-215 — CO Code / Title 31 / Article 4 / Part 2 / Section 31-4-215
31-4-215. Administrative plan
Status: in_force

31-4-215. Administrative plan. (1) The city council, upon the report and recommendation of the city manager, has the power to create and establish by ordinance administrative departments of city administration. It is the duty of the city manager to propose a plan of administrative organization to the city council within sixty days after his appointment which, if approved by the city council, shall be adopted by ordinance. The administrative plan shall provide for the establishment of the office of city clerk. The city clerk shall be ex officio city treasurer and clerk of the city council. Subject to the supervision and control of the city manager in all matters, the city clerk shall keep and supervise all accounts and have custody of all public moneys of the city; apportion and collect special assessments; issue licenses; collect license fees; make and keep a journal of proceedings of the city council; have custody of all public records of the city not specifically entrusted to any other office; and perform such other duties pertaining to such offices as are by ordinance required or assigned to him by the city manager. The administrative plan shall also provide for a chief of police, a fire chief, a health officer, and such other officers as are deemed necessary for the efficient administration of the city, and such plan may or may not include, in the discretion of the city council, all of the officers named in sections 31-4-105 and 31-4-107. All such officers shall be appointed by the city manager as provided in section 31-4-211. This plan of the city manager shall be placed on file and shall be a matter of public record open to the examination and inspection of the public at all reasonable times. The city council, upon recommendation of the city manager, may change or abolish, by ordinance, any department or office established by ordinance, prescribe, distribute, or discontinue the functions and duties of departments and offices so established, or assign additional functions and duties to departments and offices.

(2) All administrative boards, departments, or offices existing in any city prior to its reorganization shall continue to exist after its reorganization under this part 2 until abolished, altered, or reorganized by ordinance of the city council.
C.R.S. § 31-25-810 — CO Code / Title 31 / Article 25 / Part 8 / Section 31-25-810
31-25-810. Bond provisions
Status: in_force

31-25-810. Bond provisions. (1) Bonds issued pursuant to this part 8 shall bear interest at a rate such that the net effective interest rate of the issue of bonds does not exceed the maximum net effective interest rate authorized, payable semiannually or annually, and evidenced by one or two sets of coupons, if any, executed with the facsimile or manually executed signature of any official of the municipality; except that the first coupon appertaining to any bond may evidence interest not in excess of one year. The ordinance authorizing the issuance of such bonds shall specify the maximum net effective interest rate. Such bonds may be issued as term or serial bonds, in one or more series, may bear such date, may mature at such time not exceeding twenty years' duration, may be in such denomination or denominations, may be payable in such medium of payment at such place or places within or without the state (including but not limited to the office of any county treasurer in which the municipality is located wholly or in part), may carry such registration privileges, may be subject to such terms of prior redemption in advance of maturity in such order or by lot or otherwise at such time with or without a premium, may be executed in such manner, may bear such privileges for reissuance in the same or other denomination, may be so reissued, without modification of maturities and interest rates, and may be in such form, either bearer coupon or registered, with such recitals, terms, covenants, conditions, and other details as may be provided by the governing body, subject to the provisions of this part 8.

(2) (a) The governing body may provide for preferential security for any bonds, both principal and interest, to be issued pursuant to this part 8 to the extent deemed feasible and desirable by such governing body over any bonds that may be issued thereafter.

(b) Said bonds may be sold at, above, or below the principal amounts thereof, but they may not be sold at a price such that the net effective interest rate of the issue of bonds exceeds the maximum net effective interest rate authorized.

(c) Said bonds may be sold at public or private sale as determined by the governing body to be in the best interest of the issuer.

(3) Bonds may be issued with privileges for conversion or registration, or both, for payment as to principal or interest, or both; and, where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon.

(4) Subject to the payment provisions of this part 8, said bonds, any interest coupons attached thereto, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of article 8 of title 4, C.R.S., except as the governing body may otherwise provide; and each holder of each such security, by accepting such security, shall be conclusively deemed to have agreed that such security, except as otherwise provided, is and shall be fully negotiable within the meaning and for all purposes of article 8 of title 4, C.R.S.

(5) Notwithstanding any other provision of law, the governing body in any proceedings authorizing bonds pursuant to this part 8:

(a) May provide for the initial issuance of one or more bonds, referred to in this subsection (5) as "bond", aggregating the amount of the entire issue;

(b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable;

(c) May provide for the making of any such bond, payable to bearer or otherwise, registrable as to principal or as to both principal and interest and, where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bonds;

(d) May further make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or principal and interest, or both.

(6) If lost or completely destroyed, any security authorized by this part 8 may be reissued in the form and tenor of the lost or destroyed security upon the owner furnishing, to the satisfaction of the governing body, proof of ownership; proof of loss or destruction; a surety bond in twice the face amount of the security, including any unmatured coupons appertaining thereto; and payment of the cost of preparing and issuing the new security.

(7) Any officer authorized to execute any bond, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed, with a facsimile signature in lieu of his manual signature, any bond authorized in this part 8, if such a filing is not a condition of execution with a facsimile signature of any interest coupon, and if at least one signature required or permitted to be placed on each such bond, excluding any interest coupon, is manually subscribed. An officer's facsimile signature shall have the same legal effect as his manual signature.
C.R.S. § 31-10-104 — CO Code / Title 31 / Article 10 / Part 1 / Section 31-10-104
31-10-104. Powers of clerk and deputy
Status: in_force

31-10-104. Powers of clerk and deputy. (1) Except where otherwise provided in this article, the clerk shall render all interpretations and shall make all initial decisions as to controversies or other matters arising in the operation of this article.

(2) All powers and authority granted to the clerk by this article may be exercised by a deputy clerk in the absence of the clerk or in the event the clerk for any reason is unable to perform his duties.
C.R.S. § 31-30-1125 — CO Code / Title 31 / Article 30 / Part 11 / Section 31-30-1125
31-30-1125. Supplemental retirement pension
Status: in_force

31-30-1125. Supplemental retirement pension. (1) In addition to the monthly retirement pension provided by section 31-30-1122, the board of a municipality, with the prior consent of the municipality's governing body, or the board of a fire protection district or county improvement district may pay a supplemental monthly retirement pension to a volunteer firefighter who is fifty years of age and who has been in active service more than twenty years if:

(a) An actuarial review indicates a supplemental monthly pension payment is actuarially sound; and

(b) Sixty-five percent of the total number of fire department members and retired fire department members give prior approval.

(2) The supplemental monthly pension payment shall not exceed five percent of the monthly pension payment provided by section 31-30-1122 multiplied by the number of years of active service in excess of twenty years, up to a maximum of ten years; except that the total of the monthly retirement pension payment provided by section 31-30-1122 and the supplemental monthly pension payment shall not exceed an amount that is actuarially sound.
C.R.S. § 31-35-708 — CO Code / Title 31 / Article 35 / Part 7 / Section 31-35-708
31-35-708. Nonpayment - penalty - lien
Status: in_force

31-35-708. Nonpayment - penalty - lien. In the event any person using said sewerage system neglects, fails, or refuses to pay when due the rates and charges as fixed by said ordinance, the property of such delinquent person shall not be disconnected from said sewerage system or denied the use thereof, but the rates and charges due and unpaid therefor shall be certified by the clerk to the board of county commissioners of the county in which said delinquent user's property is located on or before November 1 of each year and thereupon and until paid shall be a lien upon the real property so served by said sewerage connections. The lien shall be levied, certified, received, or collected by sale, annually from year to year by the proper county officials, as are county taxes, and the proceeds thereof shall be remitted each month to such city or town.
C.R.S. § 31-25-802 — CO Code / Title 31 / Article 25 / Part 8 / Section 31-25-802
31-25-802. Definitions
Status: in_force

31-25-802. Definitions. As used in this part 8, unless the context otherwise requires:

(1) "Authority" means a downtown development authority created pursuant to the provisions of this part 8 in any municipality of this state and any successor to its functions, authority, rights, and obligations.

(1.5) "Blighted area" means an area within the central business district which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, unusual topography, defective or unusual conditions of title rendering the title nonmarketable, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the central business district, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use.

(2) "Board" means the board of the authority.

(3) "Central business district" means the area in a municipality which is and traditionally has been the location of the principal business, commercial, financial, service, and governmental center, zoned and used accordingly.

(3.5) "Development project" or "project" means undertakings and activities of an authority or municipality as authorized in this part 8 in a plan of development area for the development or redevelopment of said area in accordance with a plan of development.

(4) "Director" means the chief executive officer of the authority.

(4.5) "District" means the authority or the area within which the authority may exercise its powers.

(5) "Downtown" means a specifically defined area of the municipality in the central business district, established by the governing body of the municipality pursuant to this part 8.

(5.5) "Governing body" means the city council, town council, board of trustees, or other governing board of any municipality of this state.

(6) "Landowner" means the owner in fee of any undivided interest in real property or any improvement permanently affixed thereto within the district. As used in this part 8, "owner in fee" includes a contract purchaser obligated to pay general taxes, an heir, and a devisee under a will admitted to probate and does not include a contract seller of property with respect to which the contract purchaser is deemed to be the owner in fee for purposes of this subsection (6).

(6.2) "Lessee" means the holder of a leasehold interest in real property within the district. As used in this part 8, "leasehold interest" does not include a license or mere contract right to use real property within the district.

(6.4) "Planning board" means the agency designated by the governing body of the municipality which is chiefly responsible for planning in the municipality; and, if no separate agency exists, "planning board" means the governing body of the municipality.

(6.6) "Plan of development" means a plan, as it exists from time to time, for the development or redevelopment of a downtown development area, including all properly approved amendments thereto.

(6.8) "Plan of development area" means an area in the central business district which the board and the governing body designate as appropriate for a development project.

(7) "Public body" means the state of Colorado or any municipality, quasi-municipal corporation, board, commission, authority, or other political subdivision or public corporate body of the state.

(8) "Public facility" includes but is not limited to any streets, parks, plazas, parking facilities, playgrounds, pedestrian malls, rights-of-way, structures, waterways, bridges, lakes, ponds, canals, utility lines or pipes, and buildings, including access routes to any of the foregoing, designed for use by the public generally or used by any public agency with or without charge, whether or not the same is revenue-producing.

(9) "Qualified elector" means a resident, a landowner, or a lessee as said terms are defined in this section. Any landowner or lessee which is not a natural person may vote only if it designates by some official action a representative thereof to cast its ballot. This subsection (9) shall not be construed so as to permit any qualified elector to cast more than one vote, even though any person qualified or lawfully designated may be entitled to cast the vote of more than one qualified elector.

(10) "Resident" means one who is a citizen of the United States and a resident of the state of Colorado, eighteen years of age or older, who makes his primary dwelling place within the district.
C.R.S. § 31-30.5-602 — CO Code / Title 31 / Article 30.5 / Part 6 / Section 31-30.5-602
31-30.5-602. Firefighters' old hire pension plans - municipalities and districts under one hu
Status: in_force

31-30.5-602. Firefighters' old hire pension plans - municipalities and districts under one hundred thousand in population. In municipalities, fire protection districts, and county improvement districts having a population of less than one hundred thousand, any old hire member who has reached the age of fifty years and who has served for a period of twenty years of active service in any such department in this state is entitled to a monthly pension equal to one-half the amount of the member's monthly salary as of the date of the member's retirement plus, if the governing body of the municipality, the board of directors of the fire protection district, or the board of the county improvement district authorizes such additional benefits, one-half of any increase in salary and longevity or additional pay based on length of service granted during the period of the member's retirement to the rank occupied by the member in said department. Any old hire member of a paid fire department of a municipality, fire protection district, or county improvement district, who has served prior time in a volunteer fire department in any municipality, fire protection district, or county improvement district in this state, in the event the member becomes a paid member, may be credited service time at their discretion, at the rate of one year of paid service for each four complete years of volunteer time; except that they shall not receive both a pension under part 11 of article 30 of this title and a service credit under this section.
C.R.S. § 31-4-301 — CO Code / Title 31 / Article 4 / Part 3 / Section 31-4-301
31-4-301. Mayor - board of trustees - election - compensation
Status: in_force

31-4-301. Mayor - board of trustees - election - compensation. (1) The legislative and corporate authority of towns shall be vested in a board of trustees, consisting of one mayor and six trustees, who shall be registered electors who have resided within the limits of the town for a period of at least twelve consecutive months immediately preceding the date of the election; except that, in case of annexation, any person who has resided within the annexed territory for the time prescribed in this subsection (1) shall be deemed to have met the residence requirements for the town to which the territory was annexed.

(2) At the regular election, there shall be elected a mayor for a term of two years and six trustees for terms of two years. Such election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965".

(3) All officers elected under this section shall hold their offices until their successors are elected and have complied with section 31-4-401, and four members of said board of trustees shall constitute a quorum for the transaction of business.

(4) The mayor and members of the board of trustees shall receive such compensation as fixed by ordinance.

(5) The board of trustees may provide by ordinance for four-year overlapping terms of office for trustees. The ordinance may also provide for four-year terms for the mayor and any officers elected pursuant to section 31-4-304. The board of trustees may reinstate the two-year terms provided for in subsection (2) of this section by ordinance. Any ordinance passed pursuant to this subsection (5) shall be enacted at least one hundred eighty days before the next regular election and is subject, notwithstanding an emergency declaration, to referendum if the referendum is brought pursuant to section 31-11-105 or pursuant to an applicable municipal ordinance enacted in accordance with section 1 of article V of the state constitution. No ordinance enacted pursuant to this subsection (5) shall extend or reduce the term for which any person was elected. If any vacancy occurs in an office for which a four-year term is in effect pursuant to this subsection (5), the board of trustees shall fill such vacancy, as provided in section 31-4-303. If the office in which the vacancy occurs is not an office for which a successor would otherwise have been elected at the next regular election, the term of office of the successor elected at that regular election shall be shortened so that the following regular election for the office is held at the time at which it would have been held if no vacancy had occurred.
C.R.S. § 31-12-116 — CO Code / Title 31 / Article 12 / Part 1 / Section 31-12-116
31-12-116. Review
Status: in_force

31-12-116. Review. (1) (a) If any landowner or any registered elector in the area proposed to be annexed, the board of county commissioners of any county governing the area proposed to be annexed, or any municipality within one mile of the area proposed to be annexed believes itself to be aggrieved by the acts of the governing body of the annexing municipality in annexing said area to said municipality, such acts or findings of the governing body may be reviewed by certiorari in accordance with the Colorado rules of civil procedure. Such review proceedings shall be instituted in any district court having jurisdiction of the county in which the annexed area is located. In no event shall such a proceeding be instituted prior to the effective date of the annexing ordinance by the annexing municipality.

(b) If the annexed area is located within two or more counties, review proceedings may be brought in any district court having jurisdiction of any one of such counties. In all such certiorari proceedings under this part 1, the district court shall be presided over by a judge appointed by the chief justice of the supreme court of the state of Colorado, which judge shall not be from the judicial district in which the area proposed to be annexed is located nor from a judicial district contiguous thereto.

(2) (a) (I) All such actions to review the findings and the decision of the governing body shall be brought within sixty days after the effective date of the ordinance, and, if such action is not brought within such time, such action shall forever be barred.

(II) All such actions to review the findings and the decision of the governing body shall be subject to the following requirement, which is a condition precedent to the right to obtain judicial review under this section: Any party bringing such action shall first have filed a motion for reconsideration within ten days of the effective date of the ordinance finalizing the challenged annexation, which motion shall state with particularity the grounds upon which judicial review is sought.

(III) The district court shall schedule such actions for expedited hearing.

(IV) In the event that the person bringing an action pursuant to this section fails to substantially prevail, the court may award the municipality its reasonable attorney fees and costs of defense.

(b) In any action brought within the sixty-day limitation of paragraph (a) of this subsection (2) to review the annexation of an enclave pursuant to section 31-12-106 (1), the court may review the findings and determinations of the governing body in annexing any territory which, in whole or in part, resulted in the creation of the enclave. If the court finds that any such prior annexation resulted in the creation of a municipal boundary that consists of public rights-of-way as set forth in section 31-12-106 (1.1)(a)(I) or occurred without compliance with section 30 of article II of the state constitution as set forth in section 31-12-106 (1.1)(a)(II), it shall declare the annexation of the enclave to be void, but no such finding or decision shall affect the validity of the prior annexation.

(3) Review proceedings instituted under this section shall not be extended further than to determine whether the governing body has exceeded its jurisdiction or abused its discretion under the provisions of this part 1.

(4) Any annexation accomplished in accordance with the provisions of this part 1 shall not be directly or collaterally questioned in any suit, action, or proceeding, except as expressly authorized in this section.

(5) If the hearing has not been stenographically reported as provided in section 31-12-109 (2) and if the court determines, after proper investigation, that the minutes of the hearing are not adequate to form the basis for a determination of the issue in the certiorari proceedings, the court may proceed to try the issue de novo.

(6) All proceedings for judicial review of any annexation proceeding under this part 1 shall be advanced as a matter of immediate public interest and concern and heard at the earliest practical moment. The courts shall be open at all times for the purposes of this part 1.
C.R.S. § 31-35-711 — CO Code / Title 31 / Article 35 / Part 7 / Section 31-35-711
31-35-711. Rates may be collected by action
Status: in_force

31-35-711. Rates may be collected by action. Rates imposed upon property which by reason of its ownership, character, or use is not subject to taxation or lien under the state constitution and laws of this state may be collected by any appropriate legal action begun in the district court in the county in which such property is located.
C.R.S. § 31-12-601 — CO Code / Title 31 / Article 12 / Part 6 / Section 31-12-601
31-12-601. Petition to disconnect territory
Status: in_force

31-12-601. Petition to disconnect territory. When a tract or contiguous tracts of land, aggregating twenty or more acres in area, are embraced within the municipal limits of any city, which are upon or contiguous to the border thereof, the owners of said tracts of land may petition the district court for the county in which such land, or any part thereof, is situated to have the same disconnected from said city.
C.R.S. § 31-32-102 — CO Code / Title 31 / Article 32 / Part 1 / Section 31-32-102
31-32-102. Notice of application - publication
Status: in_force

31-32-102. Notice of application - publication. Any person desiring to secure a franchise or license for any of the purposes named in section 31-32-101 shall cause a notice of its intention to apply to the governing body of the city or town for the passage of an ordinance granting such franchise or license. Notice shall be published, in a newspaper of general circulation published in such city or town, once a week for three successive weeks immediately prior to the next regular meeting of the governing body at which it is intended to apply for the passage of the ordinance granting or giving such franchise or license. Such notice shall specify the regular meeting of the governing body at which it is intended to apply for such franchise or license, the name of the applicant therefor, a general description of the rights and privileges to be applied for, and the time for and terms upon which such franchise or license is desired. If there is no newspaper of general circulation published within the city or town, such notice may be published by posting copies thereof in six public places for the same length of time.
C.R.S. § 31-10-1524 — CO Code / Title 31 / Article 10 / Part 15 / Section 31-10-1524
31-10-1524. Unlawfully giving or promising money
Status: in_force

31-10-1524. Unlawfully giving or promising money. (1) It is unlawful for any person, directly, by himself, or through any other person:

(a) To pay, loan, or contribute or offer or promise to pay, loan, or contribute any money or other valuable consideration to or for any qualified or registered elector or to or for any other person to induce such elector to vote or refrain from voting at any municipal election, or to induce any registered elector to vote or refrain from voting at such election for any particular person, or to induce such elector to go to the polls or remain away from the polls at such election or on account of such qualified or registered elector having voted or refrained from voting for any particular person or having gone to the polls or remained away from the polls at such election; or

(b) To advance or pay or cause to be paid any money or other valuable thing to or for the use of any other person with the intent that the same, or any part thereof, be used in bribery at any municipal election or to knowingly pay or cause to be paid any money or other valuable thing to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election.

(2) Each offense mentioned in subsection (1) of this section is a class 1 misdemeanor.
C.R.S. § 31-20-103 — CO Code / Title 31 / Article 20 / Part 1 / Section 31-20-103
31-20-103. Committee to appear before board of equalization
Status: in_force

31-20-103. Committee to appear before board of equalization. Any governing body of any municipality has the authority to appoint a committee from its members to appear before the board of county commissioners, sitting as a board of equalization, and to recommend to said board such amendments and additions to or changes in the assessment made by the county assessor of the property or any portion thereof within the limits of such municipality as such committee may deem just.
C.R.S. § 31-15-401 — CO Code / Title 31 / Article 15 / Part 4 / Section 31-15-401
31-15-401. General police powers
Status: in_force

31-15-401. General police powers. (1) In relation to the general police power, the governing bodies of municipalities have the following powers:

(a) To regulate the police of the municipality, including employing certified peace officers to enforce all laws of the state of Colorado notwithstanding section 16-2.5-201, and pass and enforce all necessary police ordinances;

(b) To do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease;

(c) To declare what is a nuisance and abate the same and to impose fines upon parties who may create or continue nuisances or suffer nuisances to exist; except that a municipal ordinance may impose liability on the owner of real property for a nuisance committed on the property by a tenant in lawful possession of the property only if the municipality notifies the property owner and tenant of the nuisance before a fine or other liability is imposed;

(d) (I) To provide for and compel the removal of weeds, brush, and rubbish of all kinds from lots and tracts of land within such municipalities and from the alleys behind and from the sidewalk areas in front of such property at such time, upon such notice, and in such manner as such municipalities prescribe by ordinance, and to assess the whole cost thereof, including five percent for inspection and other incidental costs in connection therewith, upon the lots and tracts of land from which the weeds, brush, and rubbish are removed. The assessment shall be a lien against each lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments.

(II) If an assessment is not paid within a reasonable time specified by ordinance and a municipality complies with the recording and certification requirements specified in subsection (1)(d)(III) of this section, the amount of the unpaid assessment may be certified to the county treasurer who shall collect the assessment, together with a ten percent penalty for cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, apply to the collection of such assessments.

(III) A county treasurer shall accept for collection pursuant to subsection (1)(d)(II) of this section and section 31-20-105 a lien levied pursuant to subsection (1)(d)(I) of this section if:

(A) Within four months of abating a nuisance pursuant to subsection (1)(d)(I) of this section, a municipality files for recording a notice of lien with the county clerk and recorder of the county in which the real property is located; and

(B) Within one year of filing the notice of lien for recording specified by subsection (1)(d)(III)(A) of this section, a municipality certifies the amount of the unpaid assessment for which the lien was levied to the county treasurer of the county in which the real property is located.

(e) To prevent and suppress riots, routs, affrays, noises, disturbances, and disorderly assemblies in any public or private place;

(f) To prevent fighting, quarreling, dog fights, cock fights, and all disorderly conduct;

(g) To suppress bawdy and disorderly houses and houses of ill fame or assignation within the limits of the municipality or within three miles beyond, except where the boundaries of two municipalities adjoin the outer boundaries of the municipality; to suppress gaming and gambling houses, lotteries, and fraudulent devices and practices for the purpose of gaining or obtaining money or property; and to regulate the promotion or wholesale promotion of obscene material and obscene performances, as defined in part 1 of article 7 of title 18, C.R.S.;

(h) To restrain and punish loiterers, mendicants, and prostitutes;

(i) To prohibit and punish for cruelty to animals;

(j) To establish and erect jails, correction centers, and reform schools for the reformation and confinement of loiterers and disorderly persons and persons convicted of violating any municipal ordinance, to make rules and regulations for the government of the same, and to appoint necessary officers and assistants therefor;

(k) To use the county jail for the confinement or punishment of offenders, subject to such conditions as are imposed by law, and with the consent of the board of county commissioners;

(l) To authorize the acceptance of a bail bond when any person has been arrested for the violation of any ordinance and a continuance or postponement of trial is granted. When such bond is accepted, it shall have the same validity and effect as bail bonds provided for under the criminal statutes of this state.

(m) (I) To regulate and to prohibit the running at large and keeping of animals, including fowl, within the municipality and to otherwise provide for the regulation and control of such animals including, but not limited to, licensing, impoundment, and disposition of impounded animals.

(II) In case any municipality neglects or refuses to pass an ordinance in conformity with this paragraph (m), anyone impounding an animal running at large within the limits of said municipality shall notify the state board of stock inspection commissioners, and said animal shall be disposed of by said board as provided in article 44 of title 35, C.R.S.

(n) To regulate and license pawnbrokers as provided in section 29-11.9-102;

(o) To enact and enforce ordinances prohibiting gambling and the use of any gambling device, as the terms are defined in section 18-10-102, in a park, on a public way, or on a street; except that in enacting and enforcing the ordinances, a municipality, notwithstanding any other provision of law to the contrary, may also prohibit social gambling in or on parks, public ways, or streets. Nothing in this subsection (1)(o) shall be construed as prohibiting pari-mutuel betting or wagering under article 32 of title 44.

(p) (I) To adopt reasonable regulations for the operation of establishments open to the public in which persons appear in a state of nudity for the purpose of entertaining the patrons of such establishment; except that such regulations shall not be tantamount to a complete prohibition of such operation. Such regulations may include the following:

(A) Minimum age requirements for admittance to such establishments;

(B) Limitations on the hours during which such establishments may be open for business; and

(C) Restrictions on the location of such establishments with regard to schools, churches, and residential areas.

(II) The governing body of the municipality may enact ordinances which provide that any establishment which engages in repeated or continuing violations of regulations adopted by the governing body shall constitute a public nuisance. In addition to the power provided for in paragraph (c) of this subsection (1) the governing body of the municipality may bring an action for an injunction against the operation of such establishment in a manner which violates such regulations.

(III) Nothing in the regulations adopted by the governing body of the municipality pursuant to this paragraph (p) shall be construed to apply to the presentation, showing, or performance of any play, drama, ballet, or motion picture in any theater, concert hall, museum of fine arts, school, institution of higher education, or other similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of a commercial or business enterprise.

(q) (I) To control and limit fires, including but not limited to the prohibition, banning, restriction, or other regulation of fires and the designation of places where fires are permitted, restricted, or prohibited.

(II) Nothing in this paragraph (q) shall be construed to preempt or supercede state, tribal, or federal law concerning the control, limitation, or other regulation of fires described in this paragraph (q).
C.R.S. § 31-10-1539 — CO Code / Title 31 / Article 10 / Part 15 / Section 31-10-1539
31-10-1539. Applicability
Status: in_force

31-10-1539. Applicability. (1) This article shall apply to regular and special municipal elections.

(2) This article shall not apply to cities, towns, or cities and counties having home rule, but any such city, town, or city and county may adopt all or any part of this article by reference.
C.R.S. § 31-2-307 — CO Code / Title 31 / Article 2 / Part 3 / Section 31-2-307
31-2-307. Property remains vested - rights - cumulative remedy
Status: in_force

31-2-307. Property remains vested - rights - cumulative remedy. All rights and property of every description vested in any city or town under its former organization shall be deemed and held to be vested in the reorganized city or town. No right or liability, either in favor of or against such city or town, existing at the time and no suit or prosecution of any kind shall be affected by such change. Where a different remedy is given by this title which can properly be made applicable to any right existing at the time such change is made, the same shall be deemed cumulative to any other remedies available prior to such change and may be used accordingly.
C.R.S. § 31-4-307 — CO Code / Title 31 / Article 4 / Part 3 / Section 31-4-307
31-4-307. Removal of officers - causes - notice
Status: in_force

31-4-307. Removal of officers - causes - notice. By a majority vote of all members of the board of trustees, the mayor, the clerk, the treasurer, any member of the board, or any other officer of the town may be removed from office. No such removal shall be made without a charge in writing and an opportunity of hearing being given unless the officer against whom the charge is made has moved out of the limits of the town. When any officer ceases to reside within the limits of the town, he may be removed from office pursuant to this section. A municipal judge may be removed during his term of office only for cause, as set forth in section 13-10-105 (2), C.R.S.
C.R.S. § 31-16-202 — CO Code / Title 31 / Article 16 / Part 2 / Section 31-16-202
31-16-202. Adoption by reference - title
Status: in_force

31-16-202. Adoption by reference - title. If all the procedures and requirements of this part 2 are complied with, any municipality may 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 which is incorporated in any such adopting ordinance shall be specified in the title of the ordinance. Notwithstanding the procedures and requirements of this part 2, a municipality may enact any ordinance which adopts by reference any statute, rule, regulation, or standard adopted by the federal government or the state of Colorado, or by any agency of either of them, solely by referring to such statute, rule, regulation, or standard in the text of such ordinance.
C.R.S. § 31-10-707 — CO Code / Title 31 / Article 10 / Part 7 / Section 31-10-707
31-10-707. Clerk to supply seals for voting machines
Status: in_force

31-10-707. Clerk to supply seals for voting machines. The clerk shall supply each election precinct with a seal for each voting machine to be used in the precinct for the purpose of sealing the machine after the polls are closed and with an envelope for the return of the keys to the machine along with the election returns.
C.R.S. § 31-12-121 — CO Code / Title 31 / Article 12 / Part 1 / Section 31-12-121
31-12-121. Provision of municipal services to outside consumers - agreement to annex
Status: in_force

31-12-121. Provision of municipal services to outside consumers - agreement to annex. Any municipality, as a condition precedent to the supplying of municipal services pursuant to contract, may require a contemporary agreement by such consumers, who are owners in fee of real property so supplied, to apply for or consent to the annexation of the area to be supplied with such municipal services to the supplying municipality at such future date as the area supplied, or any portion thereof, becomes eligible for annexation pursuant to the provisions of this part 1. The agreement to annex shall be enforceable by an action for specific performance filed in the district court of the judicial district containing all or part of the supplying municipality. A memorandum of such agreement, setting forth the names of the owners in fee of real property supplied and the legal description of such area, shall be recorded in the office of the county clerk and recorder of the county in which such area is located and shall constitute constructive notice of such agreement to all persons not parties thereto. In no event shall the board of directors of any quasi-municipal corporation organized under part 5 or 6 of article 25 of this title, article 8 of title 29, part 2 of article 20 of title 30, or title 32 (except article 8), C.R.S., or any other law of this state be permitted to obligate or require property owners within any such district to sign any such agreement in order to obtain water service from a municipality.
C.R.S. § 31-25-903 — CO Code / Title 31 / Article 25 / Part 9 / Section 31-25-903
31-25-903. Formation of authority by municipality
Status: in_force

31-25-903. Formation of authority by municipality. The governing board of any municipality, referred to in this part 9 as the "governing body", may create and establish a municipal energy finance authority by the passage of an ordinance therefor. The authority shall have all the powers provided in this part 9 that are authorized by the ordinance, or any amendment thereto, authorizing such authority. When established, the authority shall be a body corporate, and capable of being a party to suits, proceedings, and contracts, the same as municipalities in this state. Any such authority may be dissolved by ordinance of the governing body, if there are no outstanding bonds or other obligations of the authority or if adequate provision for the payment of such bonds or obligations has been provided.
C.R.S. § 31-21-201 — CO Code / Title 31 / Article 21 / Part 2 / Section 31-21-201
31-21-201. Definitions
Status: repealed

31-21-201. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Net effective interest rate" of a proposed issue of refunding bonds means the net interest cost of said refunding issue divided by the sum of the products derived by multiplying the principal amount of such refunding issue maturing on each maturity date by the number of years from the date of said proposed refunding bonds to their respective maturities. The "net effective interest rate" of an outstanding issue of bonds to be refunded means the net interest cost of said issue to be refunded divided by the sum of the products derived by multiplying the principal amounts of such issue to be refunded maturing on each maturity date by the number of years from the date of the proposed refunding bonds to the respective maturities of the bonds to be refunded. In all cases the net effective interest rate shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds.

(2) "Net interest cost" of a proposed issue of refunding bonds means the total amount of interest to accrue on said refunding bonds from their date to their respective maturities less the amount of any premium above par at which said refunding bonds are being or have been sold. "Net interest cost" of an outstanding issue of bonds to be refunded means the total amount of interest which would accrue on said outstanding bonds from the date of the proposed refunding bonds to the respective maturity dates of said outstanding bonds to be refunded. In all cases the net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds.

(3) Repealed.
C.R.S. § 31-21-213 — CO Code / Title 31 / Article 21 / Part 2 / Section 31-21-213
31-21-213. Redemption of refunding bonds prior to maturity - procedures
Status: in_force

31-21-213. Redemption of refunding bonds prior to maturity - procedures. (1) If any bonds of a municipality, either bonds issued for refunding purposes or bonds issued for other purposes as set forth in section 31-15-302 (1)(d), are made redeemable prior to their respective maturities and the governing body determines that any part of such bonds should be called for redemption according to their terms, it is the duty of the clerk of such municipality, 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 once in a newspaper customarily used by said municipality 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 date and place 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.
C.R.S. § 31-4-212 — CO Code / Title 31 / Article 4 / Part 2 / Section 31-4-212
31-4-212. Council not to interfere
Status: in_force

31-4-212. Council not to interfere. Except as otherwise provided in this part 2, neither the city council nor any of its committees or members shall direct or request the appointment of any person to or his removal from office by the city manager or in any other manner take part in the appointment or removal of officers and employees in the administrative service of the city. The city council and its members shall deal with that portion of the administrative service for which the city manager is responsible solely through the city manager, and neither the city council nor any member thereof shall give orders to any subordinate of the city, either publicly or privately. Any violation of the provisions of this section by a member of the city council constitutes misconduct and is punishable in such manner as may be determined by the other members of the city council.
C.R.S. § 31-10-101 — CO Code / Title 31 / Article 10 / Part 1 / Section 31-10-101
31-10-101. Short title
Status: in_force

31-10-101. Short title. This article shall be known and may be cited as the "Colorado Municipal Election Code of 1965".
C.R.S. § 31-31-806 — CO Code / Title 31 / Article 31 / Part 8 / Section 31-31-806
31-31-806. Disqualification upon reemployment
Status: in_force

31-31-806. Disqualification upon reemployment. If, subsequent to disability benefits being awarded to a member pursuant to the provisions of section 31-31-803 or 31-31-806.5, but prior to a decision of the board that an occupational disability ceases to exist pursuant to section 31-31-805 (2), a member is employed or reemployed in this state or any other jurisdiction, pursuant to either an agreement or court order, in a full-time salaried position that normally involves working at least one thousand six hundred hours in any given calendar year and the duties of which are directly involved with the provision of police or fire protection as determined by the board, the benefits provided pursuant to section 31-31-803 shall be discontinued. Any application for retirement for disability made by the member after such appointment or reinstatement shall be treated in all respects as a new application. The five-year limitation on investigations contained in section 31-31-803 (4)(b) shall not be applicable to the enforcement of this section.
C.R.S. § 31-10-1531 — CO Code / Title 31 / Article 10 / Part 15 / Section 31-10-1531
31-10-1531. Wagers with electors
Status: in_force

31-10-1531. Wagers with electors. It is unlawful for any person, including any candidate for public office, before or during any municipal election, to make any bet or wager with a qualified elector or take a share or interest in, or in any manner become a party to, any such bet or wager or provide or agree to provide any money to be used by another in making such bet or wager upon any event or contingency whatever arising out of such election. For each such offense, the offender commits a class 2 misdemeanor.
C.R.S. § 31-12-101 — CO Code / Title 31 / Article 12 / Part 1 / Section 31-12-101
31-12-101. Short title
Status: in_force

31-12-101. Short title. This part 1 shall be known and may be cited as the "Municipal Annexation Act of 1965".
C.R.S. § 31-30.5-205 — CO Code / Title 31 / Article 30.5 / Part 2 / Section 31-30.5-205
31-30.5-205. Attorneys to advise
Status: in_force

31-30.5-205. Attorneys to advise. It is the duty of the attorneys for the employer to advise the boards on all matters pertaining to their duties and management of the fund when required to do so. Such attorneys shall represent and defend the boards as their attorneys in all suits or actions at law or in equity that may be brought against them and bring all suits and actions in their behalf that may be required or determined upon by said boards. In the event of a conflict between a board and an employer, the board may obtain legal counsel to represent the board in any such action at the expense of the board.
C.R.S. § 31-2-407 — CO Code / Title 31 / Article 2 / Part 4 / Section 31-2-407
31-2-407. Change does not affect liability
Status: in_force

31-2-407. Change does not affect liability. Nothing in this part 4 shall affect the rights, privileges, or liabilities of such city or town, or those of any person, as the same existed before such change of name. All proceedings pending in any court or place in favor of or against said city or town may be continued to final consummation under the name in which the same were commenced.
C.R.S. § 31-25-623 — CO Code / Title 31 / Article 25 / Part 6 / Section 31-25-623
31-25-623. Conduct of election - canvass
Status: repealed

31-25-623. Conduct of election - canvass. (Repealed)
C.R.S. § 31-10-405 — CO Code / Title 31 / Article 10 / Part 4 / Section 31-10-405
31-10-405. Vacancies
Status: in_force

31-10-405. Vacancies. If for any reason any person appointed as a judge of election refuses, fails, or is unable to serve, it is the duty of the person or any other judge of election to immediately notify the clerk. The clerk shall forthwith appoint another qualified person to serve in the place of the person.
C.R.S. § 31-30.5-403 — CO Code / Title 31 / Article 30.5 / Part 4 / Section 31-30.5-403
31-30.5-403. Employers under one hundred thousand - limit of contributions to old hire firefi
Status: in_force

31-30.5-403. Employers under one hundred thousand - limit of contributions to old hire firefighter pension plans. (1) There may be levied and set apart by the governing body of each municipality having a population of less than one hundred thousand, by the board of directors of each fire protection district, or by the board of a county improvement district, a tax for the year 1969 and each year thereafter of not more than one mill on the taxable property in such municipality, fire protection district, or county improvement district, the proceeds thereof to be credited to the old hire firefighters' pension fund of each such municipality, fire protection district, or county improvement district.

(2) Any municipality, fire protection district, or county improvement district having less than one hundred thousand population and having a paid fire department shall levy an assessment on the active old hire members in an amount not to exceed six percent of their monthly salaries and, as a minimum amount, shall match the moneys derived therefrom by an equal contribution from the municipality, fire protection district, or county improvement district by use of the levy provided for in subsection (1) of this section, or the proper governing body shall appropriate said sum out of the general revenues of the municipality, fire protection district, or county improvement district.

(3) Any municipality having less than one hundred thousand population and having a paid and volunteer fire department or any fire protection district or county improvement district having a paid and volunteer fire department shall assess the paid old hire members of such department in an amount not to exceed six percent of their monthly salaries and, as a minimum amount, shall match the moneys derived therefrom by an equal contribution from the municipality, fire protection district, or county improvement district by use of the levy provided for in subsection (1) of this section. Said sum shall be segregated by the municipal treasurer, the treasurer of the district board of directors, or the treasurer of the county improvement district, as the case may be, and shall be used for the payment of pensions to the paid old hire members of said departments and their surviving spouses and orphans, as otherwise provided for in this article, but, so long as there are volunteer members in said department, the present old hire pension fund, if derived from state allocations, shall continue to be maintained for the benefit of all members of said department, paid old hire members and volunteers alike, under such rules as the board determines to be equitable.

(4) A paid firefighter is any firefighter whose main source of income is derived from service on a fire department. All other firefighters who render service to a fire department are volunteer firefighters.

(5) If the total moneys allocated to an old hire firefighters' pension fund by a municipality, fire protection district, or county improvement district are, in the opinion of the board of such municipality, fire protection district, or county improvement district, inadequate to sustain a proper fund for retirement or for the other purposes of the fund under this article, such board may consolidate its old hire fund with the old hire fund of another municipality, fire protection district, or county improvement district, and such consolidated funds shall thereafter be administered as a single fund. Such consolidation of funds may be made under such conditions and in conformity with such terms as are mutually agreed to by the boards of the consolidating single funds, consistent with the provisions of this article.
C.R.S. § 31-11-105 — CO Code / Title 31 / Article 11 / Section 31-11-105
31-11-105. Ordinances - when effective - referendum
Status: repealed

31-11-105. Ordinances - when effective - referendum. (1) No ordinance passed by the legislative body of any municipality shall take effect before thirty days after its final passage and publication, except an ordinance calling for a special election or necessary to the immediate preservation of the public peace, health, or safety, and not then unless the ordinance states in a separate section the reasons why it is necessary and unless it receives the affirmative vote of three-fourths of all the members elected to the legislative body taken by ayes and noes.

(2) Within thirty days after final publication of the ordinance, a referendum petition protesting against the effect of the ordinance or any part thereof may be filed with the clerk. The petition must be signed during the thirty-day period by at least five percent of the registered electors of the municipality registered on the date of final publication.

(3) If a referendum petition is filed, the ordinance or part thereof protested against shall not take effect, and, upon a final determination of petition sufficiency, the legislative body shall promptly reconsider the ordinance. If the petition is declared not sufficient by the clerk or found not sufficient in a protest, the ordinance shall forthwith take effect, unless otherwise provided therein.

(4) If, upon reconsideration, the ordinance or part thereof protested is not repealed, the legislative body shall submit the measure to a vote of the registered electors at a regular or special election held not less than sixty days and not more than one hundred fifty days after the final determination of petition sufficiency, unless otherwise required by the state constitution. The ordinance or part thereof shall not take effect unless a majority of the registered electors voting on the measure at the election vote in favor of the measure.
C.R.S. § 31-4-109 — CO Code / Title 31 / Article 4 / Part 1 / Section 31-4-109
31-4-109. Compensation and fees of officers
Status: in_force

31-4-109. Compensation and fees of officers. The mayor shall receive such compensation for his services as the city council, prior to his election, may fix as provided in this section. The city council, at least as early as the last monthly meeting before such regular municipal election, shall fix by ordinance the compensation and fees of members of the city council, including the compensation of the mayor and councilmen, for the period for which they will be elected or appointed if any change in said compensation is desirable. The city council shall neither increase nor diminish the compensation of any councilman or mayor during his term of office. Each person appointed to fill a vacancy in the office of mayor or councilman shall receive the same compensation as was established for the office when the vacancy occurred. All other officers of the city, together with all other employees of the city, shall receive such compensation as the city council may fix from time to time by ordinance or as may be established in a pay plan adopted by ordinance. The city council may from time to time contract for professional services and for such services pay such fees and charges as may be agreed upon.
C.R.S. § 31-25-1117 — CO Code / Title 31 / Article 25 / Part 11 / Section 31-25-1117
31-25-1117. Effect of deed
Status: in_force

31-25-1117. Effect of deed. All such deeds shall be duly acknowledged and when recorded shall be prima facie evidence in favor of the grantee named therein and of any person claiming by, through, or under him of the regularity of the assessment and the court proceedings, sale, and title of the grantee and after recording shall be prima facie evidence of the ownership by the grantee named therein of the property therein described, free and clear of all liens and encumbrances whatsoever, except the lien of general taxes or special assessments outstanding and unpaid at the time of issuing such deed and except the lien of any special assessment installment subsequently becoming due.
C.R.S. § 31-12-103 — CO Code / Title 31 / Article 12 / Part 1 / Section 31-12-103
31-12-103. Definitions
Status: in_force

31-12-103. Definitions. As used in this part 1, unless the context otherwise requires:

(1) "Adult" means any person who has attained his twenty-first birthday.

(2) "Agricultural land" means land used for the growing of crops, truck gardening, the grazing of farm animals, and other agricultural pursuits in contrast to land used for urban development.

(3) "Development standards" means the substantive portions of building codes, zoning ordinances, housing codes, fire district ordinances, subdivision regulations, and any other ordinance, code, or regulation relating to the construction or occupancy of buildings upon land or the preparation of such land for such construction.

(4) "Enclave" means an unincorporated area of land entirely contained within the outer boundaries of the annexing municipality.

(5) "Identical ownership" means a situation where each owner has exactly the same degree of interest in each separate parcel of two or more parcels of land.

(6) "Landowner" means the owner in fee of any undivided interest in a given parcel of land. If the mineral estate has been severed, the landowner is the owner in fee of an undivided interest in the surface estate and not the owner in fee of an undivided interest in the mineral estate.

(7) (Deleted by amendment, L. 2010, (HB 10-1259), ch. 211, p. 913, § 2, effective August 11, 2010.)

(8) "Period of notice for hearing" means the time between the effective date of the resolution establishing the hearing date and the date when such hearing first commences.

(9) (Deleted by amendment, L. 2010, (HB 10-1259), ch. 211, p. 913, § 2, effective August 11, 2010.)

(10) "Quasi-municipal corporation" means a corporation vested with the municipal powers for the accomplishment of a limited municipal purpose, including but not limited to domestic water districts, metropolitan districts, sanitation districts, water and sanitation districts, fire protection districts, recreation districts, and disposal districts.

(10.5) "Registered elector" shall have the same meaning as set forth in section 1-1-104 (35), C.R.S.

(11) "Resident" means one who makes his primary dwelling place within the area proposed to be annexed.

(12) "Taxpayer" means any person who has paid or becomes liable for ad valorem taxes on real property located in the area proposed to be annexed during a specified period of time.

(13) "Urban development" means the construction on land of improvements for residential, institutional, commercial, industrial, transportation, public flood control, and recreational and similar uses, in contrast to use of the land for growing crops, truck gardening, grazing of farm animals, and other agricultural pursuits. The term also applies to vacant ground which has been or is being prepared for urban development by such steps as subdivision into lots or plots and blocks, installation of water and sewer lines, construction of access streets, and construction of railroad spur or branch tracks.
C.R.S. § 31-35-301 — CO Code / Title 31 / Article 35 / Part 3 / Section 31-35-301
31-35-301. Construction of water mains
Status: in_force

31-35-301. Construction of water mains. When any city or town is the owner of a municipal water plant with water mains in operation throughout the greater portion of said city or town and is unable to extend the same so as to cover the entire area contained within the municipal limits of said city or town, the citizens and resident taxpayers of any area containing four blocks or more situated in said city or town not having water mains therein may agree among themselves or a majority of the owners of the lots therein for the construction of the same. Upon application to the governing body by a majority of such owners, the governing body shall have authority to enter into a contract with said owners of said four blocks or more or with the majority thereof to allow them to construct such water mains in such territory and to connect the same with the supply of water of said city or town. The governing body has authority to enter into a contract with such citizens to allow all the proceeds derived from water rentals going to such addition through such water mains and collected as rental therefor to be applied to the payment of such water pipes, the cost thereof to be limited by the city or town to not more than the actual cost thereof upon any basis by which the city or town itself could secure the construction of the same. Said payments shall be made without interest and upon such terms not exceeding ten years as may be agreed upon by contract between the parties thereto.
C.R.S. § 31-25-901 — CO Code / Title 31 / Article 25 / Part 9 / Section 31-25-901
31-25-901. Legislative declaration
Status: in_force

31-25-901. Legislative declaration. (1) The general assembly hereby declares that decreasing supplies of energy resources and the increasing cost thereof is causing severe financial burdens and constitutes a threat to the health and welfare of the citizens of this state and that it is in the public interest that the development of alternative sources of energy proceed expeditiously to avert energy shortages and threats to the public health and welfare.

(2) To encourage the use and development by municipalities of alternate energy resources in the form of unconventional gas supplies for the use of the inhabitants of the municipalities of this state and for all citizens as alternate fuels for use by municipal utilities and others, the powers of municipalities are hereby expanded to authorize the formation of authorities for the purpose of financing municipal operations for the exploration, development, and production of unconventional gas, the use thereof for the purposes of municipal utilities, and the marketing and sale thereof to others.
C.R.S. § 31-12-605 — CO Code / Title 31 / Article 12 / Part 6 / Section 31-12-605
31-12-605. Copy of decree filed
Status: in_force

31-12-605. Copy of decree filed. Two copies of the order or decree of said court disconnecting any land described in said petition from any city, certified by the clerk of said court, shall be filed for record in the office of the county clerk and recorder of the county in which such disconnected land, or any part thereof, is situated. The county clerk and recorder shall file the second certified copy with the division of local government in the department of local affairs, as provided by section 24-32-109, C.R.S. Such record or a copy of such order or decree, certified by the clerk of said court, shall be proof of the disconnection of such land.
C.R.S. § 31-2-303 — CO Code / Title 31 / Article 2 / Part 3 / Section 31-2-303
31-2-303. Notice of election
Status: in_force

31-2-303. Notice of election. The mayor or, if there is no mayor, the presiding officer of the governing body, immediately upon the effective date of the ordinance or resolution, shall cause notice to be given of the election, of the question to be submitted thereat, and of the time and place of the holding thereof, which notice shall be published once each week for four consecutive weeks in some newspaper of general circulation within the city or town. If there is no such newspaper, publication shall be by posting a copy of said notice in three public places within the municipal limits.
C.R.S. § 31-31.5-503 — CO Code / Title 31 / Article 31.5 / Part 5 / Section 31-31.5-503
31-31.5-503. Individual accounts - investment and account administration
Status: in_force

31-31.5-503. Individual accounts - investment and account administration. (1) (a) The board shall create and maintain adequate records to disclose the interest of each member and beneficiary with assets in the money purchase component of the plan. The records must be in the form of individual accounts, and credits and charges must be made to such accounts in the manner prescribed by the board through rulemaking.

(b) The board shall designate a record keeper responsible for the administration of the individual accounts. The maintenance of individual accounts is only for accounting purposes, and a segregation of the assets of the trust fund to each account is not required.

(c) Distribution and withdrawals made from an account must be charged to the accounts as of the date payment is made. Earnings or losses on the amount allocated to the member's individual account while invested as part of the members self-directed investment fund must be allocated as determined by the record keeper.

(2) (a) The board may create and offer to each member with an individual account in the money purchase component various investment options, including at least three alternatives that allow a member a broad range of investments, diversification, and a meaningful choice between risk and return in the investment of the member's account.

(b) (I) One hundred percent of each individual account may be invested as directed by the member in any one or a combination of the investment options. If a member or designated beneficiary does not have a valid investment election on file for any portion of the amount in that member's accounts, that portion of the member's accounts shall be invested in the investment option selected by the board as the default option. In such event, the member or designated beneficiary is deemed to have directed that investment option for investment of that portion of the member's accounts.

(II) Upon the death of the member, the designated beneficiary may elect to allocate the investment of the member's individual account as provided for in this section. If no notice of reallocation is received from the designated beneficiary, the member's individual account remains invested as previously allocated during the member's lifetime.

(III) The board may establish one or more default options based upon various factors, including but not limited to market risk, stability, and rate of return. If the board has properly exercised its fiduciary duty in selecting a default option, it has no liability for any loss sustained by a member or designated beneficiary whose accounts in whole or in part are invested in the default option.

(c) Members may redirect the investment of their account at any time and may reallocate money in existing funds as allowed by the association. The board may also bring a suit or take such other action as it deems appropriate if questions involving investment directions arise.

(3) The accounts of members, designated beneficiaries, and alternate payees shall be adjusted in accordance with the following:

(a) The balance of each account must be adjusted daily to reflect any distribution and all interest, dividends, account charges, and changes of market value resulting from the investment of the member's individual account.

(b) Contributions must be allocated to the individual account of each eligible member not less frequently than monthly, according to the amount that is actually contributed on behalf of each member. In all cases, deposits of contributions shall be treated as actually made only as of the date the contributions are accepted as in good order by the record keeper.

(c) The expenses of the money purchase component of the plan must first be paid from forfeitures, penalties received, settlement proceeds, and other sources of revenue received, and then must be allocated to and deducted from the members' accounts. Notwithstanding the foregoing, any revenue credits derived from the investments offered by the money purchase component may instead be distributed to participants. Expenses that are incurred as a direct result of the investments held in the money purchase component account must be deducted from the interest, dividends, and net income of the appropriate investment. General expenses must be deducted from the accounts of each member according to the member's time-weighted pro-rata share of the money purchase component account. The board may also assess a record keeping fee and an administrative fee for costs associated with the administration of the money purchase component.
C.R.S. § 31-35-405 — CO Code / Title 31 / Article 35 / Part 4 / Section 31-35-405
31-35-405. Signatures on bonds
Status: in_force

31-35-405. Signatures on bonds. (1) The bonds and any coupons bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations of the municipality, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to be officers of the municipality issuing the same.

(2) Any officer authorized or permitted to sign any bond or interest coupon, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons appertaining thereto or upon both the bond and such coupons.
C.R.S. § 31-25-812 — CO Code / Title 31 / Article 25 / Part 8 / Section 31-25-812
31-25-812. Tax exemption
Status: in_force

31-25-812. Tax exemption. The bonds and the income therefrom shall be exempt from taxation, except inheritance, estate, and transfer taxes.
C.R.S. § 31-35-619 — CO Code / Title 31 / Article 35 / Part 6 / Section 31-35-619
31-35-619. Surplus revenue diverted to general fund
Status: in_force

31-35-619. Surplus revenue diverted to general fund. The municipality may by ordinance divert to the general fund any surplus moneys in excess of the amounts reasonably required for the purpose of operating, renewing, improving, or extending the sewer system of any municipality.
C.R.S. § 31-21-407 — CO Code / Title 31 / Article 21 / Part 4 / Section 31-21-407
31-21-407. Other laws unaffected
Status: in_force

31-21-407. Other laws unaffected. Nothing in this part 4 shall prevent the issuance of any bonds or the levy of taxes for the payment thereof in the manner as is authorized by law nor shall anything in this part 4 prevent the issuance of bonds for the purpose of refunding any outstanding bonded indebtedness of any city or town in accordance with the provisions of law applying thereto.
C.R.S. § 31-12-307 — CO Code / Title 31 / Article 12 / Part 3 / Section 31-12-307
31-12-307. Ballots
Status: in_force

31-12-307. Ballots. All ballots or voting machine tabs prepared for use pursuant to this part 3 shall contain the propositions "For Annexation" and "Against Annexation". If the question is submitted on paper ballots, such ballots shall be deposited in a separate ballot box used for that purpose only.
C.R.S. § 31-25-111 — CO Code / Title 31 / Article 25 / Part 1 / Section 31-25-111
31-25-111. Title of purchaser, lessee, or transferee
Status: in_force

31-25-111. Title of purchaser, lessee, or transferee. Any instrument executed by an authority and purporting to convey any right, title, or interest of the authority in any property under this part 1 shall be conclusively presumed to have been made and executed in compliance with the provisions of this part 1 insofar as title or other interest of any bona fide purchasers, lessees, or transferees of such property is concerned.
C.R.S. § 31-4-301.5 — CO Code / Title 31 / Article 4 / Part 3 / Section 31-4-301.5
31-4-301.5. Change in number of trustees
Status: in_force

31-4-301.5. Change in number of trustees. (1) The trustees of any statutory town may be reduced in number from six to four or again increased from four to six in the manner provided in this section.

(2) When a petition signed by five percent of the registered electors of the town requesting an election for the purpose of reducing the number of trustees from six to four is presented to the board of trustees of the town or when the board determines by majority vote of the entire board that such a reduction in the size of the board would be in the interest of the town, the board shall adopt an ordinance calling for such an election, to be held within four calendar months from the date of presentation of the petition.

(3) Such election may be held in connection with any regular or special election. In the event that the issue is approved at the election, three members of the board of trustees shall constitute a quorum for the transaction of business, and the legislative and corporate authority of the town shall be vested in the board of trustees consisting of one mayor and four trustees. The approval of a change reducing the number of trustees from six to four shall not have the effect of reducing the term for which any member of the board of trustees was previously elected.

(4) Where the number of trustees has been reduced from six to four, an election on the issue of increasing the number of trustees from four to six may be held at any time subsequent to two years following the election reducing the number of trustees from six to four. No new petition requesting an election to reduce or increase the number of trustees on the board of trustees may be filed or accepted by the board, nor may the board refer any such issue to the voters, for a period of two years following an election for the purpose of increasing or reducing the number of trustees.
C.R.S. § 31-31-205 — CO Code / Title 31 / Article 31 / Part 2 / Section 31-31-205
31-31-205. Confidentiality of members' protected personal information
Status: in_force

31-31-205. Confidentiality of members' protected personal information. All information contained in records of active members, retired members, former members, inactive members, designated beneficiaries, alternate payees, benefit recipients, and their dependents of any plan administered by the association or of any locally administered and financed alternative plan shall be maintained as confidential. The association or local plan administrator may provide such information as is necessary to a third-party service provider pursuant to article 73 of title 24.
C.R.S. § 31-15-709 — CO Code / Title 31 / Article 15 / Part 7 / Section 31-15-709
31-15-709. Sewers and sewer systems
Status: in_force

31-15-709. Sewers and sewer systems. (1) The governing body of each municipality has the power:

(a) To construct and keep in repair culverts, drains, sewers, water mains, 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 street in which such sewer, water main, or drain is to be laid. The cost of such sewer, water main, or drain at street intersections or crossings shall be wholly paid for by the municipality. The benefit to the public generally, if any, shall be determined by ordinance and shall be assessed against such municipality, and the balance shall be assessed against the lots or lands and the owners thereof according to the frontage.

(b) To establish a system of sewerage and for that purpose to divide the municipality into districts; to impose a special assessment or tax to defray the expense of constructing such sewers upon private property within such district or upon the lots or lands adjacent to or abutting upon the street where said sewer is laid; to compel the owners of any buildings located in said district and on blocks abutting on any established sewer to connect with such sewer; to prohibit the keeping or maintaining of any vault, closet, privy, or cesspool within said district or within four hundred feet of any established sewer; and to regulate the construction, maintenance, and use of all vaults, closets, privies, and cesspools within the municipal limits and not within said prohibited districts or in proximity to an established sewer.
C.R.S. § 31-30-1124 — CO Code / Title 31 / Article 30 / Part 11 / Section 31-30-1124
31-30-1124. Compliance - insufficient moneys
Status: in_force

31-30-1124. Compliance - insufficient moneys. (1) The board may require information, including proof of years of service, and establish procedures as it deems necessary to ensure compliance with the requirements and limitations of sections 31-30-1122 and 31-30-1123.

(2) If at any time money or other property in the fund is insufficient to pay the full amount per month to which each volunteer firefighter receiving a pension under this part 11 and other beneficiary of the fund is entitled, an equal percentage of the monthly payment shall be made to those volunteer firefighters and other beneficiaries until the fund is replenished in an amount that permits payment in full to those volunteer firefighters and other beneficiaries.
C.R.S. § 31-23-314 — CO Code / Title 31 / Article 23 / Part 3 / Section 31-23-314
31-23-314. Solid wastes disposal sites and facilities
Status: in_force

31-23-314. Solid wastes disposal sites and facilities. All applications for solid wastes disposal sites and facilities received by a municipality shall be processed, reviewed, and approved pursuant to the provisions of part 1 of article 20 of title 30, C.R.S.
C.R.S. § 31-31.5-601 — CO Code / Title 31 / Article 31.5 / Part 6 / Section 31-31.5-601
31-31.5-601. Modification of plan by the board
Status: in_force

31-31.5-601. Modification of plan by the board. (1) Subject to the requirements set forth in subsection (2) of this section and notwithstanding any other provision of this article 31.5, the board may modify the statewide retirement plan as follows:

(a) To modify the multiplier, retirement age, or service requirements for pension benefits set forth in part 4 of this article 31.5 with respect to the members of the defined benefit components if the modification does not require an increase in the employer and member contribution rates established pursuant to part 3 of this article 31.5 and if the board determines that the modification will maintain or enhance the actuarial soundness, as specified in section 31-31.5-101 (5)(a); and

(b) To increase the member contribution rate above the rates established pursuant to part 3 of this article 31.5 with respect to the members of the statewide retirement plan if the increase does not require an increase in the employer contribution rate established pursuant to part 3 of this article 31.5. Any such increase in the member contribution rate is not subject to negotiation for payment by the employer.

(c) To increase the contribution rates above the rates established pursuant to part 3 of this article 31.5 with respect to the members and employers of the statewide retirement plan if the rate of increase for the member and for the employer is equal.

(2) Before modifying the plan pursuant to subsection (1) of this section, the board must find that:

(a) The modification does not adversely affect the plan's status as a qualified plan pursuant to the federal "Internal Revenue Code of 1986", as amended;

(b) The modification has been approved by sixty-five percent of the active members of the statewide retirement plan who are affected by the modification and who vote in an election proposing the modification;

(c) The modification has been approved by more than fifty percent of the employers having active members covered by the statewide retirement plan that vote in the election proposing the modification, each employer to be assigned one vote; except that employers having both active police and active fire members in the plan shall be assigned two votes; and

(d) The modification does not adversely affect the pension benefits of retired members.

(3) Any increase in the member contribution rate established pursuant to this section shall be paid from a member's salary and otherwise be treated in the same manner specified in part 3 of this article 31.5 for required minimum member contributions for purposes of the federal "Internal Revenue Code of 1986", as amended.

(4) The board may eliminate an increase in the member or the member and employer contribution rate increases established pursuant to this part 6 so long as the requirements for an increase set forth in subsection (2) of this section are met.

(5) The board shall not adopt a modification that reduces the statewide retirement plan's age for normal retirement below that permitted by section 31-31.5-401 (2).

(6) The board shall adopt rules setting forth the procedures for the elections required by subsections (2)(b) and (2)(c) of this section. Each employer having members in the statewide retirement plan shall comply with the procedures established by the board and shall certify the results of any member election to the board as prescribed by the board's rules.

(7) A written copy of the language of any modifications to the statewide defined benefit plan or an increase in the member contribution rate adopted by the board pursuant to this section shall be kept and maintained by the board at its offices and be made available for copying and inspection by any interested party.

(8) If at any time the cost of any modification adopted by the board pursuant to subsection (1)(a) of this section would require an increase in employer and member contributions made pursuant to part 3 of this article 31.5 or any higher member contribution rate established pursuant to subsection (1)(b) of this section, the board shall revoke the modification as it applies to active members of the statewide retirement plan pursuant to section 31-31.5-402. The board may reinstitute the modification at a later date, in its discretion, if reinstituting the modification would not require an increase in the employer and member contributions made pursuant to part 3 of this article 31.5.
C.R.S. § 31-30.5-303 — CO Code / Title 31 / Article 30.5 / Part 3 / Section 31-30.5-303
31-30.5-303. State assistance - limitation
Status: repealed

31-30.5-303. State assistance - limitation. (Repealed)
C.R.S. § 31-16-101 — CO Code / Title 31 / Article 16 / Part 1 / Section 31-16-101
31-16-101. Ordinance powers - penalty
Status: in_force

31-16-101. Ordinance powers - penalty. (1) (a) Except as provided in paragraph (b) of this subsection (1), the governing body of each municipality has power to provide for enforcement of ordinances adopted by it by a fine of not more than two thousand six hundred fifty dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.

(b) (I) The limitation on municipal court fines set forth in paragraph (a) of this subsection (1) shall be adjusted for inflation on January 1, 2014, and on January 1 of each year thereafter.

(II) As used in this paragraph (b), "inflation" means the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index.

(2) Notwithstanding subsection (1) of this section, the governing body of each municipality which implements an industrial wastewater pretreatment program pursuant to the federal act, as defined in section 25-8-103 (8), C.R.S., may seek such relief and impose such penalties as are required by such federal act and its implementing regulations for such programs.
C.R.S. § 31-25-1206 — CO Code / Title 31 / Article 25 / Part 12 / Section 31-25-1206
31-25-1206. Notice of hearing
Status: in_force

31-25-1206. Notice of hearing. The governing body, as soon as possible after the filing of the petition, shall fix by order the place and time, not less than twenty days nor more than forty days thereafter, for a hearing thereon. Thereupon, the clerk of the governing body shall cause notice by publication to be made of the pendency of the petition, of the service area, boundaries, improvements, and services of the proposed district, and of the time and place of hearing thereon. The clerk shall also cause a copy of said notice to be mailed by first-class mail to each property owner within the service area and boundaries of the proposed district at his last-known address, as disclosed by the tax records of the county or counties in which the municipality is located. No member of the governing body shall be disqualified to perform any duty imposed by this part 12 by reason of direct or indirect ownership of property within the service area or boundaries of any proposed district, by reason of relationship to any person who owns property within the proposed district or service area, or by reason of ownership of or employment by any entity which owns property within the proposed district or service area.
C.R.S. § 31-16-111 — CO Code / Title 31 / Article 16 / Part 1 / Section 31-16-111
31-16-111. One-year limitation of suits
Status: in_force

31-16-111. One-year limitation of suits. All suits for the recovery of any fine and prosecutions for the commission of any offense made punishable under any ordinance of any municipality shall be barred one year after the commission of the offense for which the fine is sought to be recovered.
C.R.S. § 31-31.5-501 — CO Code / Title 31 / Article 31.5 / Part 5 / Section 31-31.5-501
31-31.5-501. Vesting
Status: in_force

31-31.5-501. Vesting. (1) A member is one hundred percent vested in the individual account in the money purchase benefit account pursuant to section 31-31.5-503.

(2) Employer contributions made to the statewide retirement plan that are credited to the money purchase component account are subject to the following vesting rules:

(a) In the event of permanent occupational or total disability retirement or an award of a survivor benefit due to a death of an active member pursuant to part 8 of article 31 of this title 31, a member shall be one hundred percent vested in the employer contributions made to the money purchase component account.

(b) A member shall be one hundred percent vested in the employer's contributions made to the money purchase component account upon attaining normal retirement age if employed by the employer on or after that date.

(c) Except as provided in subsections (2)(a) and (2)(b) of this section, a member is vested in the employer contributions made to the money purchase component account in the amount of twenty percent for each full year of service performed for a covered department. Upon attaining five full years of service, a member is one hundred percent vested. Vesting also applies to employer contributions allocated pursuant to section 31-31.5-301 (3) or allocated under the predecessor statewide defined benefit plan pursuant to section 31-31-405, as it existed prior to its repeal.

(3) Upon distribution, the portion of the member's employer contributions to the money purchase component account that is not vested shall be treated as a forfeiture.

(4) (a) Years of service in the money purchase component for purposes of this section cannot be purchased by the member or the employer.

(b) A member who only participates in the money purchase component does not receive service credit for purposes of the lifetime benefit components.

(c) For members who participate in both the lifetime benefit components and the money purchase component concurrently, years of service include all years of service with the employer while in the plan or a predecessor plan, regardless of whether contributions were made to the money purchase component for each year.

(5) A member who is restored to active service after a disability ceases to exist receives credit for years of service in the money purchase component with the employer prior to the disability as well as time while out on disability.

(6) Subject to rules adopted by the board, years of service of a member who is employed by successive employers may be aggregated for determining eligibility and benefits provided by the money purchase component of the statewide retirement plan if the service for each employer was rendered while the employer covered its members under the statewide retirement plan, the predecessor statewide defined benefit plan, or the predecessor statewide hybrid plan.
C.R.S. § 31-10-108 — CO Code / Title 31 / Article 10 / Part 1 / Section 31-10-108
31-10-108. Special elections
Status: in_force

31-10-108. Special elections. Special elections shall be held on any Tuesday designated by ordinance or resolution of the governing body. No special election shall be held within the ninety days preceding a regular election. No special election shall be called within sixty days before the date thereof, nor shall any special election be held within the thirty-two days before or after the date of a primary, general, or congressional vacancy election. A special election may be held at the same time and place as a primary, congressional vacancy, or general election as a coordinated election pursuant to section 1-7-116, C.R.S., or may be conducted at the same time as a mail ballot election pursuant to article 7.5 of title 1, C.R.S. Special elections shall be conducted as nearly as practicable in the same manner as regular elections.
C.R.S. § 31-10-910.3 — CO Code / Title 31 / Article 10 / Part 9 / Section 31-10-910.3
31-10-910.3. Verification of signatures - signature verification devices - procedures - train
Status: in_force

31-10-910.3. Verification of signatures - signature verification devices - procedures - training - definitions. (1) (a) In every mail ballot election conducted after March 30, 2018, an election judge shall, except as provided in paragraph (b) of this subsection (1), compare the signature on the self-affirmation on each return envelope with the signature of the eligible elector stored in the statewide voter registration system in accordance with this section.

(b) A clerk may allow an election judge to use a signature verification device to compare the signature on the self-affirmation on a return envelope of an eligible elector's ballot with the signature of the elector stored in the statewide voter registration system in accordance with this section.

(2) (a) The election judges must compare the signature on the self-affirmation on each return envelope with the signature provided by the secretary of state pursuant to section 1-2-301, C.R.S. The election judges must research the signature further if there is:

(I) An obvious change in the signature's slant;

(II) A printed signature on one document and a cursive signature on the other document;

(III) A difference in the signature's size or scale;

(IV) A difference in the signature's individual characteristics, such as how the "t's" are crossed, "i's" are dotted, or loops are made on "y's" or "j's";

(V) A difference in the elector's signature style, such as how the letters are connected at the top and bottom;

(VI) Evidence that ballots or envelopes from the same household have been switched; or

(VII) Any other noticeable discrepancy such as misspelled names.

(b) (I) If an election judge must conduct further research on an elector's signature, he or she must check the additional signatures provided by the secretary of state pursuant to section 1-2-301, C.R.S., if available.

(II) An election judge may compare additional information written by the elector on the return envelope, such as the elector's address and date of signing. Any similarities noted when comparing other information may be used as part of the signature verification decision process.

(III) If an election judge determines that an elector inadvertently returned his or her ballot in another household member's ballot return envelope, the election judge must process and prepare the ballot of the elector who signed the self-affirmation for counting if it is otherwise valid. The election judge need not send a signature verification discrepancy letter to the elector.

(c) If the election judges dispute the signature, they must document the discrepancy and the research steps taken in a log that identifies the elector only by name and elector identification number, does not contain the elector's signature, notes the final resolution and ballot disposition, and identifies the election judges responsible for the final resolution and ballot disposition.

(3) (a) If the election judge determines that the signature of an eligible elector on the self-affirmation matches the elector's signature stored in the statewide voter registration system, the election judge shall follow the procedures specified in section 31-10-910 (5) concerning the qualification and counting of mail ballots.

(b) If a signature verification device used pursuant to paragraph (b) of subsection (1) of this section determines that the signature on the self-affirmation on a return envelope of an eligible elector's ballot matches the signature of the elector stored in the statewide voter registration system, the signature on the self-affirmation is deemed verified, and the election judge shall follow the procedures specified in section 31-10-910 (5) concerning the qualification and counting of mail ballots.

(4) If, upon comparing the signature of an eligible elector on the self-affirmation on the return envelope with the signature of the eligible elector stored in the statewide voter registration system, the election judge determines that the signatures do not match, or if a signature verification device used pursuant to paragraph (b) of subsection (1) of this section is unable to determine that the signatures match, two other election judges shall simultaneously compare the signatures and proceed according to subsection (5) of this section.

(5) (a) If the two other election judges specified in subsection (4) of this section agree that the signature of an eligible elector on the self-affirmation matches the elector's signature stored in the statewide voter registration system, the initial election judge shall follow the procedures specified in section 31-10-910 (5) concerning the qualification and counting of mail ballots.

(b) In the case of a disagreement between the two other election judges as to whether the signature of an eligible elector on the self-affirmation on the return envelope matches the signature of the eligible elector stored in the statewide voter registration system pursuant to the procedures specified in subsection (4) of this section, the signatures are deemed to match, and the initial election judge shall follow the procedures specified in section 31-10-910 (5) concerning the qualification and counting of mail ballots.

(c) (I) If both other election judges agree that the signatures do not match, the clerk shall, within three days after the signature deficiency has been confirmed, but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records a letter explaining the discrepancy in signatures and a form for the eligible elector to confirm that the elector returned a ballot to the clerk.

(II) (A) If the clerk receives the form within eight days after election day confirming that the elector returned a ballot to the clerk, and if the ballot is otherwise valid, the ballot must be counted.

(B) If the eligible elector returns the form indicating that the elector did not return a ballot to the clerk, or if the eligible elector does not return the form within eight days after election day, the self-affirmation on the return envelope must be categorized as incorrect, and the ballot shall not be counted. An original return envelope with an enclosed secrecy envelope containing a voted ballot that is not counted in accordance with this sub-subparagraph (B) must be stored in the office of the clerk in a secure location separate from valid return envelopes and may be removed only by order of a court having jurisdiction.

(6) An election judge shall not determine that the signature of an eligible elector on the self-affirmation does not match the signature of that eligible elector stored in the statewide voter registration system solely on the basis of substitution of initials or use of a common nickname.

(7) The clerk shall provide training in the techniques and standards of signature comparison to election judges who compare signatures pursuant to this section.

(8) As used in this section, "statewide voter registration system" means the statewide voter registration system created pursuant to section 1-2-301, C.R.S.
C.R.S. § 31-16-208 — CO Code / Title 31 / Article 16 / Part 2 / Section 31-16-208
31-16-208. Use as evidence
Status: in_force

31-16-208. Use as evidence. Copies of such codes in published form, duly certified by the clerk and mayor of the municipality, 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.
C.R.S. § 31-10-1536 — CO Code / Title 31 / Article 10 / Part 15 / Section 31-10-1536
31-10-1536. Unlawful qualification as taxpaying elector
Status: in_force

31-10-1536. Unlawful qualification as taxpaying elector. It is unlawful to take or place title to property in the name of another, or to pay the taxes, or to take or issue a tax receipt in the name of another for the purpose of attempting to qualify such person as a "qualified taxpaying elector", or to aid or assist any person to do so. The ballot of any such person violating this section shall be void. Each person violating any of the provisions of this section commits a class 2 misdemeanor.
C.R.S. § 31-31-704.5 — CO Code / Title 31 / Article 31 / Part 7 / Section 31-31-704.5
31-31-704.5. Entry for social security employers
Status: in_force

31-31-704.5. Entry for social security employers. (1) (a) (I) Notwithstanding the exemption provided in section 31-31-401 (1)(a), any employer that covers members under the federal "Social Security Act", as amended, or any county that covers salaried employees under the federal "Social Security Act", as amended, whose duties are peace officers or firefighters as certified by the county may elect coverage under the statewide retirement plan social security supplemental component established pursuant to article 31.5 of this title 31 by filing a resolution of affiliation with the board pursuant to subsection (2) of this section. Election of coverage under the plan shall be irrevocable.

(II) The board may allow an employer eligible for participation in the social security pursuant to subsection (1)(a)(I) of this section to alternatively elect to participate in other lifetime benefit components of the statewide retirement plan with full benefits and unreduced contribution rates. Such participation shall be as provided by rules adopted by the board. The board may determine a continuing rate of contribution for all members who are active on the effective date of coverage to fund benefits as may be necessary to ensure that the affiliating employers' coverage shall not have an adverse financial impact on the actuarial soundness of the plan.

(b) A county electing to affiliate with the association for the purpose of providing coverage of its peace officers or firefighters shall make such election through the county's governing board. For purposes of administering to counties affiliated pursuant to this section, any county electing to affiliate shall be included in the definition of "employer", as defined in section 31-31-102 (3), and any covered peace officer or firefighter of such county shall be included in the definition of "member", as defined in section 31-31-102 (4).

(2) The employer's resolution applying for coverage by the association shall first be adopted by the governing body of the employer and shall state the employer's intent to cover its members under the plan.

(3) Any application for coverage by the association shall be approved by at least sixty-five percent of all active members employed by the employer at the time of the application who vote in the election proposing the coverage; except that no such election shall be required if:

(a) The employer allows members to elect to remain in a predecessor plan pursuant to association rules or if the members have approved leaving a predecessor plan pursuant to section 24-54-106 (3); and

(b) The employer designates that all future eligible employees will participate in a plan of the association.

(4) The board shall promulgate rules relating to standards for disclosure of all ramifications and procedures for obtaining member approval pursuant to subsection (3) of this section. The board shall also promulgate rules relating to standards for granting an employer's application for participation in the plan and for the submission of information to the board by the employer. The rules shall contain a provision specifying that an employer that opts for coverage by the association shall not be permitted to opt out of the coverage at any later date. The board may adopt rules allowing an eligible individual active employee of an affiliating department to elect to remain in a predecessor plan and not have coverage by the association.

(5) An application for coverage by the association filed by an employer shall include the employer's certification to the board:

(a) That all fire and law enforcement employees who are active at the time of affiliation, except those that have elected to remain in a predecessor plan as may be allowed by rule, and all fire and law enforcement employees who are hired after affiliation as certified by the employer, will become participants in the plan and the election to participate in the plan is irrevocable; and

(b) That the employer agrees to participate in the plan and to be bound by the terms of the plan and the decisions and actions of the board with respect to the plan.

(6) An employer that affiliates with the association pursuant to this section shall not be prohibited from participating in other governmental pension or benefit plans to the extent allowed under the federal "Internal Revenue Code of 1986", as amended.

(7) Nothing contained in this section shall affect the ability of an employer to terminate social security coverage or affect the procedures for such termination.

(8) Any employer participating in the social security component of the statewide retirement plan created pursuant to article 31.5 of this title 31 may not elect coverage under the statewide death and disability plan under part 8 of this article 31.
C.R.S. § 31-15-710 — CO Code / Title 31 / Article 15 / Part 7 / Section 31-15-710
31-15-710. Water pollution control
Status: in_force

31-15-710. Water pollution control. (1) The governing body of each municipality has the power:

(a) To provide for the cleansing and purification of water, watercourses, and canals and the draining or filling of ponds on private property when necessary to prevent or abate nuisances; and for the purpose of aiding in the prevention and abatement of water pollution all municipalities are authorized:

(I) To apply for and to accept grants or loans or any other aid from the United States or any agency or instrumentality thereof under any federal law in force;

(II) To construct, reconstruct, lease, improve, better, and extend sewerage facilities and sewage treatment works wholly within or wholly without the municipality or partially within and partially without the municipality;

(III) To issue its general obligation bonds or other general obligations for said purpose pursuant to and within the limitations prescribed by section 31-15-302 (1)(d) and to issue its revenue bonds or obligations for such purpose pursuant to law;

(IV) To provide that such bonds or obligations or any part thereof may be sold to the state of Colorado, the United States, or any agency or instrumentality of either at private sale and without advertisement;

(V) To cooperate with other local public bodies and with state agencies and institutions by contract for the joint construction and financing of sewerage facilities and sewage treatment works and the maintenance and operation thereof;

(VI) To enter into joint operating agreements with industrial enterprises and to accept gifts or contributions from such industrial enterprises for the construction, reconstruction, improvement, betterment, 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 public health, a municipality is authorized to enter into and perform contracts, whether long-term or short-term, with an industrial establishment for the provision and operation by the municipality 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 municipality of amounts at least sufficient, in the determination of such governing body, to compensate the municipality for the cost of providing, including payment of principal and interest charges, if any, and of operating and maintaining the sewerage facilities serving such industrial establishment.
C.R.S. § 31-25-910 — CO Code / Title 31 / Article 25 / Part 9 / Section 31-25-910
31-25-910. Colorado energy research institute - report
Status: repealed

31-25-910. Colorado energy research institute - report. (Repealed)
C.R.S. § 31-10-604 — CO Code / Title 31 / Article 10 / Part 6 / Section 31-10-604
31-10-604. Judges open ballot box first
Status: in_force

31-10-604. Judges open ballot box first. In precincts which use an electronic voting system or paper ballots, it is the duty of the judges of the election, immediately before the opening of the polls, to open the ballot box in the presence of the people there assembled and turn it upside down so as to empty it of everything that may be in it and then lock it securely. It shall not be reopened until the time for counting the ballots therein.
C.R.S. § 31-25-206 — CO Code / Title 31 / Article 25 / Part 2 / Section 31-25-206
31-25-206. Park commissioners - vacancies
Status: in_force

31-25-206. Park commissioners - vacancies. (1) The care, custody, management, and control of the city parks, pleasure grounds, boulevards, parkways, avenues, driveways, and roads may be vested exclusively in a park commission which shall be composed of six members who shall be registered electors in said city and well-known for their ability, probity, and public spirit, one of whom shall be president of the commission. The mayor of the city shall appoint, with the consent of the governing body, for and on behalf of such city, such park commissioners who shall hold office one-half for one year and one-half for two years from the July 1 following their appointment. At their first regular meeting they shall cast lots for the respective terms. Annually thereafter and before July 1 of each year, the mayor, with the consent of the governing body, shall appoint three commissioners for the ensuing two years to take the place of the retiring commissioners. All vacancies in such park commission arising from any cause shall be filled by the mayor with the consent of the governing body.

(2) The governing body may, by ordinance, provide for abolishment of the park commission and consolidation of the functions and activities specified in this part 2 under the general control and administration of the city as provided by ordinance. The powers conferred upon the park commission as specified in this part 2 may be exercised by the city in the manner provided by ordinance. Any provision of this part 2 to the contrary notwithstanding, the governing body of a city may appoint one or more advisory commissions or boards with respect to parks, recreation, and other municipal functions.
C.R.S. § 31-2-205 — CO Code / Title 31 / Article 2 / Part 2 / Section 31-2-205
31-2-205. Election on formation of charter commission and designation of members
Status: in_force

31-2-205. Election on formation of charter commission 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.
C.R.S. § 31-25-603 — CO Code / Title 31 / Article 25 / Part 6 / Section 31-25-603
31-25-603. Authority of governing body
Status: in_force

31-25-603. Authority of governing body. (1) The governing body of a municipality is hereby vested with jurisdiction, power, and authority to establish districts within the municipality in which the improvement is to be acquired, constructed, installed, operated, or maintained or the service is to be provided. The governing body of a municipality may establish a district partially within the boundaries of any other municipality or within the unincorporated territory of a county if such municipality or county consents by resolution to the establishment of such district. No such district may provide the same improvement or service as an existing special district within the territory of such existing special district unless the existing special district consents.

(2) If a municipality other than the municipality that established the district annexes or incorporates any territory within an established district, such territory shall remain in the district unless the municipality notifies the district's board of the municipality's intent to exclude the territory annexed or incorporated from the district. If the municipality notifies the board of its intent to exclude such territory, such exclusion shall take effect January 1 of the year following such notice. Any property excluded from the district under this subsection (2) shall remain subject to payment of its share of any indebtedness or bonds that are outstanding on the date of such exclusion.
C.R.S. § 31-4-218 — CO Code / Title 31 / Article 4 / Part 2 / Section 31-4-218
31-4-218. Pay of officers and employees
Status: in_force

31-4-218. Pay of officers and employees. The salary or compensation of officers and employees shall be established by ordinance, which shall provide uniform compensation for like services. Such schedules of compensation may fix the minimum and maximum for any grade. An increase in compensation, within the limits provided for the grade, may be granted at any time by the city manager or other appointing authority upon the basis of efficiency and seniority.
C.R.S. § 31-4-220 — CO Code / Title 31 / Article 4 / Part 2 / Section 31-4-220
31-4-220. Abandonment of form of government
Status: repealed

31-4-220. Abandonment of form of government. (Repealed)
C.R.S. § 31-25-101 — CO Code / Title 31 / Article 25 / Part 1 / Section 31-25-101
31-25-101. Short title
Status: in_force

31-25-101. Short title. This part 1 shall be known and may be cited as the "Urban Renewal Law".
C.R.S. § 31-30-1111 — CO Code / Title 31 / Article 30 / Part 11 / Section 31-30-1111
31-30-1111. Contribution to fund
Status: in_force

31-30-1111. Contribution to fund. (1) In addition to any tax revenues contributed under section 31-30-1110, the fund also consists of any:

(a) Moneys given to the board or fund by a person for the use and purpose for which the fund is created. The board may take any money, personal property, or real estate, or interest therein by gift, grant, devise, or bequest as trustees for the use and purpose for which the fund is created;

(b) Moneys, fees, rewards, or emoluments of any nature and description that are paid or given to the fund; and

(c) Moneys provided by the state under section 31-30-1112.

(2) Fund moneys are held in trust for the exclusive use and benefit of the fire department members and retired fire department members and their surviving spouses, dependent children, dependent parents, and other beneficiaries in accordance with this part 11.
C.R.S. § 31-10-610 — CO Code / Title 31 / Article 10 / Part 6 / Section 31-10-610
31-10-610. Counting paper ballots
Status: in_force

31-10-610. Counting paper ballots. (1) In precincts which use paper ballots, as soon as the polls at any election have finally closed, the judges shall immediately open the ballot box and proceed to count the votes polled, and the counting thereof shall be continued until finished before the judges of election adjourn. They shall first count the number of ballots in the box. If the ballots are found to exceed the number of names entered on the pollbook, the judges of election shall then examine the official endorsements upon the outside of the ballots without opening the same, and if, in the unanimous opinion of the judges, any of the ballots in excess of the number on the pollbook do not bear the proper official endorsement, they shall be put into a separate pile by themselves, and a separate record and return of the votes in such ballots shall be made under the head of "excess ballots". When the ballots and the pollbook agree, the judges of election shall proceed to count the votes. Each ballot shall be read and counted separately, and every name separately marked as voted for on such ballot, where there is no conflict to obscure the intention of the voter, shall be read and marked upon the tally sheets before any other ballot is proceeded with. The entire number of ballots, excepting "excess ballots", shall be read and counted and placed upon the tally sheets in like manner. When all of the ballots, excepting "excess ballots", have been counted, the judges of election shall estimate and publish the votes.

(2) When all the votes have been read and counted, the ballots, together with one of the tally lists, shall be returned to the ballot box, and the opening shall be carefully sealed, and each of the judges shall place his initials on said seal. The cover shall then be locked and the ballot box delivered to the clerk as provided in section 31-10-614.

(3) All persons, except judges of election and watchers, shall be excluded from the place where the counting is being carried on until the count has been completed.
C.R.S. § 31-25-535 — CO Code / Title 31 / Article 25 / Part 5 / Section 31-25-535
31-25-535. Bonds negotiable - interest
Status: in_force

31-25-535. Bonds negotiable - interest. All such bonds shall be negotiable in form and bear interest as may be fixed by the governing body not exceeding a maximum net effective interest rate specified by the governing body prior to the use of said bonds in payment for improvements or the sale thereof pursuant to section 31-25-534.
C.R.S. § 31-25-109 — CO Code / Title 31 / Article 25 / Part 1 / Section 31-25-109
31-25-109. Issuance of bonds by an authority
Status: in_force

31-25-109. Issuance of bonds by an authority. (1) An authority has power to issue bonds of the authority from time to time in its discretion to finance its activities or operations under this part 1, including but not limited to the repayment with interest of any advances or loans of funds made to the authority by the federal government or other source for any surveys or plans made or to be made by the authority in exercising its powers under this part 1 and also has power to issue refunding or other bonds of the authority from time to time in its discretion for the payment, retirement, renewal, or extension of any bonds previously issued by it under this section and to provide for the replacement of lost, destroyed, or mutilated bonds previously issued under this section.

(2) (a) Bonds which are issued under this section may be general obligation bonds of the authority to the payment of which, as to principal and interest and premiums (if any), the full faith, credit, and assets (acquired and to be acquired) of the authority are irrevocably pledged.

(b) Such bonds may be special obligations of the authority which, as to principal and interest and premiums (if any), are payable solely from and secured only by a pledge of any income, proceeds, revenues, or funds of the authority derived or to be derived by it from or held or to be held by it in connection with its undertaking of any project of the authority, including, without limitation, funds to be paid to an authority pursuant to section 31-25-107 (9) and including any grants or contributions of funds made or to be made by it with respect to any such project and any funds derived or to be derived by it from or held or to be held by it in connection with its sale, lease, rental, transfer, retention, management, rehabilitation, clearance, development, redevelopment, preparation for development or redevelopment, or its operation or other utilization or disposition of any real or personal property acquired or to be acquired by it or held or to be held by it for any of the purposes of this part 1 and including any loans, grants, or contributions of funds made or to be made to it by the federal government in aid of any project of the authority or in aid of any of its other activities or operations.

(c) Such bonds may be special obligations of the authority which, as to principal and interest and premiums (if any), are payable solely from and secured only by a pledge of any loans, grants, or contributions of funds made or to be made to it by the federal government or other source in aid of any project of the authority or in aid of any of its other activities or operations.

(d) Such bonds may be contingent special obligations of the authority which, as to principal and interest and premiums (if any), are payable solely from any funds available or becoming available to the authority for its undertaking of the project involved in the particular activities or operations with respect to which such contingent special obligations are issued but so payable only in the event such funds are or become available as provided in this subsection (2).

(3) Notwithstanding any other provisions of this section, any bonds which are issued under this section, other than the contingent special obligations covered by paragraph (d) of subsection (2) of this section, may be additionally secured as to the payment of the principal and interest and premiums (if any) by a mortgage of any urban renewal project, or any part thereof, title to which is then or thereafter in the authority or of any other real or personal property or interests therein then owned or thereafter acquired by the authority.

(4) Notwithstanding any other provisions of this section, general obligation bonds which are issued under this section may be additionally secured as to payment of the principal and interest and premiums (if any) as provided in either paragraph (b) or (c) of subsection (2) of this section, with or without being also additionally secured as to payment of the principal and interest and premiums (if any) by a mortgage as provided in subsection (3) of this section or a trust agreement as provided in subsection (5) of this section.

(5) Notwithstanding any other provision of this section, any bonds which are issued under this section may be additionally secured as to the payment of the principal and interest and premiums (if any) by a trust agreement by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state of Colorado.

(6) Bonds which are issued under this section shall not constitute an indebtedness of the state of Colorado or of any county, municipality, or public body of said state other than the urban renewal authority issuing such bonds and shall not be subject to the provisions of any other law or of the charter of any municipality relating to the authorization, issuance, or sale of bonds.

(7) Bonds which are issued under this section are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes.

(8) Bonds which are issued under this section shall be authorized by a resolution of the authority and may be issued in one or more series and shall bear such date, be payable upon demand or mature at such time, bear interest at such rate, be in such denomination, be in such form, either coupon or registered or otherwise, carry such conversion or registration privileges, have such rank or priority, be executed (in the name of the authority) in such manner, be payable in such medium of payment, be payable at such place, be subject to such callability provisions or terms of redemption (with or without premiums), be secured in such manner, be of such description, contain or be subject to such covenants, provisions, terms, conditions, and agreements (including provisions concerning events of default), and have such other characteristics as may be provided by such resolution or by the trust agreement, indenture, or mortgage, if any, issued pursuant to such resolution. The seal (or a facsimile thereof) of the authority shall be affixed, imprinted, engraved, or otherwise reproduced upon each of its bonds issued under this section. Bonds which are issued under this section shall be executed in the name of the authority by the manual or facsimile signatures of such of its officials as may be designated in the said resolution or trust agreement, indenture, or mortgage; except that at least one signature on each such bond shall be a manual signature. Coupons, if any, attached to such bonds shall bear the facsimile signature of such official of the authority as may be designated as provided in this subsection (8). The said resolution or trust agreement, indenture, or mortgage may provide for the authentication of the pertinent bonds by the trustee.

(9) Bonds which are issued under this section may be sold by the authority in such manner and for such price as the authority, in its discretion, may determine, at par, below par, or above par, at private sale or at public sale after notice published prior to such sale in a newspaper having general circulation in the municipality, or in such other medium of publication as the authority may deem appropriate, or may be exchanged by the authority for other bonds issued by it under this section. Bonds which are issued under this section may be sold by it to the federal government at private sale at par, below par, or above par, and, in the event that less than all of the authorized principal amount of such bonds is sold by the authority to the federal government, the balance or any portion of the balance may be sold by the authority at private sale at par, below par, or above par, at an interest cost to the authority of not to exceed the interest cost to it of the portion of the bonds sold by it to the federal government.

(10) In case any of the officials of the authority whose signatures or facsimile signatures appear on any of its bonds or coupons which are issued under this section cease to be such officials before the delivery of such bonds, such signatures or facsimile signatures, as the case may be, shall nevertheless be valid and sufficient for all purposes, the same as if such officials had remained in office until such delivery.

(11) Any provision of any law to the contrary notwithstanding, any bonds which are issued pursuant to this section are fully negotiable.

(12) In any suit, action, or proceeding involving the validity or enforceability of any bond which is issued under this section or the security therefor, any such bond reciting in substance that it has been issued by the authority in connection with an urban renewal project or any activity or operation of the authority under this part 1 shall be conclusively deemed to have been issued for such purposes; and such urban renewal project or such operation or activity, as the case may be, shall be conclusively deemed to have been initiated, planned, located, undertaken, accomplished, and carried out in accordance with the provisions of this part 1.

(13) Pending the preparation of any definitive bonds under this section, an authority may issue its interim certificates or receipts or its temporary bonds, with or without coupons, exchangeable for such definitive bonds when the latter have been executed and are available for delivery.

(14) Persons retained or employed by an authority as advisors or consultants for the purpose of rendering financial advice and assistance may purchase or participate in the purchase or in the distribution of its bonds when such bonds are offered at public or private sale.

(15) No commissioner or other officer of an authority issuing bonds under this section and no person executing such bonds is liable personally on such bonds or is subject to any personal liability or accountability by reason of the issuance thereof.
C.R.S. § 31-12-114 — CO Code / Title 31 / Article 12 / Part 1 / Section 31-12-114
31-12-114. Conflicting annexation claims of two or more municipalities
Status: in_force

31-12-114. Conflicting annexation claims of two or more municipalities. (1) At any time during a period of notice given by a municipality pursuant to section 31-12-108, any other municipality may, subject to compliance with section 30 of article II of the state constitution, receive a petition for annexation or a petition for an annexation election pursuant to section 31-12-107 with the area partly or wholly overlapping the area proposed for annexation by the first municipality. If this occurs, the respective rights of the several municipalities shall be determined in accordance with an election as provided in this section.

(2) All further proceedings for the annexation of the area claimed by both municipalities shall be held in abeyance pending the holding of an election of the landowners and the registered electors within such area as described in subsection (4) of this section for the purpose of determining to which municipality such electors prefer to annex. This election shall be held pursuant to the provisions of section 31-12-112, except as provided in this section.

(3) The second municipality indicating its intent to annex shall petition the district court of the county in which the area proposed to be annexed is located for the election provided for in subsection (2) of this section. Such petition shall be filed within thirty days after the effective date of the resolution of intent or the date of the filing of the petition described in subsection (1) of this section.

(4) All of the landowners and the registered electors in the area claimed by both municipalities shall be entitled to vote at said election. Any corporate landowner may by resolution designate one of its officers to cast its vote.

(5) (a) If the disputed area has less than two-thirds boundary contiguity with either municipality, the ballot shall contain two questions:

(I) "For Annexation" and "Against Annexation"; and

(II) "For annexation to ".

(name of municipality first starting proceedings)

and "For annexation to ".

(name of municipality second starting proceedings).

(b) If more than two municipalities dispute the same area, the ballot shall list each municipality in order of the date when it started proceedings under this part 1 and in the same form as specified in this section. If the disputed area does have more than two-thirds boundary contiguity with one of the municipalities, only the question in subparagraph (II) of paragraph (a) of this subsection (5) shall appear on the ballot. If both questions are to appear on the ballot, the notice of the election shall contain a statement that all of the landowners and the registered electors may vote on the second question irrespective of their votes on the first question.

(6) If, upon a canvass of the votes, it is found that a majority of the votes cast were against annexation, or that the vote on the issue of annexation is tied, or that the vote on which municipality should annex is tied, the court shall declare all annexation proceedings of both municipalities insofar as they relate to the disputed area to be void and of no effect, and both municipalities shall be barred from continuing with the current annexation proceedings insofar as they relate to such disputed area.

(7) If the vote is in favor of annexation, the municipality to which the landowners and the registered electors indicate their intention to annex may proceed to hold a hearing as provided in this part 1 and to comply with the other provisions of this part 1 with respect to the area claimed by both municipalities; if such area is found to comply with the applicable provisions of sections 31-12-104 and 31-12-105 and if the entire area proposed to be annexed has been in dispute, the subject election shall be deemed to comply with the provisions of sections 31-12-107 and 31-12-112 relative to an election of the landowners and the registered electors for areas having less than two-thirds boundary contiguity with the annexing municipality.

(8) If more than two municipalities claim a disputed area and a majority of the votes are cast in favor of one municipality, that municipality may proceed to hold a hearing as provided in this part 1 and to comply with the other provisions of this part 1 with respect to the area claimed by the several municipalities; but the subject election shall be deemed to comply with the provisions of sections 31-12-107 and 31-12-112 relative to an election of the landowners and the registered electors for areas having less than two-thirds boundary contiguity with the annexing municipality. If no municipality receives a majority, a runoff election between the two municipalities receiving the largest pluralities shall be held no sooner than four weeks and no longer than seven weeks after the date of the initial election to determine to which municipality the landowners and the registered electors desire to annex. Notice of such second election shall be given in the manner directed by the court. This election shall have the same effect as if it were the original election between the two municipalities involved.

(9) Notwithstanding any provision in this part 1 to the contrary, if the total area proposed for annexation or the disputed part thereof has more than two-thirds boundary contiguity with one of the municipalities, that municipality shall have the right to annex the disputed area unless three-fourths of the total votes cast at the election favor annexation to another municipality.

(10) Unless the area claimed by more than one municipality constitutes more than one-third of the area proposed for annexation, inclusive of streets, to the first annexing municipality, nothing in this part 1 shall prevent a municipality from proceeding with the annexation of that part of the area described in its resolution which is not claimed by another municipality without waiting for the holding of the election described in this section. In the hearing required by sections 31-12-108 and 31-12-109 and the findings required by section 31-12-110, the issue shall be the compliance of the undisputed portion of the area proposed for annexation with the requirements and limitations of sections 31-12-104 and 31-12-105. If the annexation was initiated by petition under section 31-12-107 and if the requirements of said sections 31-12-104 and 31-12-105 are met, the annexing municipality shall submit the issue of annexation with the changed boundaries to an election of the landowners and the registered electors to be held in accordance with section 31-12-112.

(11) The costs of the election shall be paid by the municipalities which are disputing the annexation by the first annexing municipality. If more than one municipality is disputing such annexation, the costs shall be apportioned among such disputing municipalities on a just and equitable basis by the court supervising the election.
C.R.S. § 31-15-714 — CO Code / Title 31 / Article 15 / Part 7 / Section 31-15-714
31-15-714. Oil and gas leases - unit agreements
Status: in_force

31-15-714. Oil and gas leases - unit agreements. (1) The governing body of each municipality has the power:

(a) To lease any real estate or any interest therein owned by the municipality for oil and gas exploration, development, and production purposes, upon such terms and conditions as may be prescribed and contracted by the governing body in the exercise of its best judgment and as such governing body deems to be in the best interests of the municipality. Any such lease of oil and gas rights shall be for a term not to exceed ten years and as long thereafter as oil or gas is produced and shall provide for a royalty of not less than twelve and one-half percent of all oil or gas produced, saved, and marketed or the equivalent market value thereof, which royalty may be reduced proportionately under appropriate provision in such lease if the interest of the municipality is less than a full interest in the land or oil and gas rights in the land described in such lease. When, in the opinion of the governing body and because of the size, shape, or current use of any tract of real estate owned by said municipality, the best interest of the municipality so requires, any such lease of such tract may provide that no drilling shall be conducted on the land covered thereby, in which case such lease shall be for a term not to exceed ten years and so long thereafter as the municipality may share in royalties payable on account of production of oil or gas from lands adjacent to such tract so leased.

(b) To enter into, on behalf of the municipality, when deemed by the governing body to be in the best interest of the municipality, any agreement providing for the pooling, unitization, or consolidation of acreage covered by any oil and gas lease executed by such municipality with other acreage for oil and gas exploration, development, and production purposes and providing for the apportionment or allocation of royalties among the separate tracts of land included in such unit or pooling agreement on an acreage or other equitable basis and, by such agreement, with the consent of the lessee under such lease, to change any of the provisions of any such lease issued by such municipality, including the term of years for which such lease was originally granted and any drilling requirements contained therein, in order to conform such lease to the terms and provisions of such unit or pooling agreement and to facilitate the efficient and economic production of oil and gas from the unit lands.

(2) All leases of oil and gas or rights therein and all unit agreements relating to or dealing with oil and gas and containing provisions similar to those set forth in this section affecting municipal lands made or entered into by any municipality prior to April 16, 1953, acting by its governing body, are hereby confirmed, validated, and declared to be legal and valid in all respects.